Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the case of a young man whom the authorities in Burma have accused of involvement in a bombing nearby government offices. Police alleged that Kyaw Swa Lin was involved merely because he was found to have a diary in his house with some notes on an earlier bombing as reported in the public media. After sustaining five days of torture, another man arrested over the bombing implicated Kyaw Swa Lin. Despite the fact that police later arrested two other men unrelated to Kyaw Swa Lin, a court sentenced him to life imprisonment.
CASE NARRATIVE:
On 6 March 2012, around 10am an explosion occurred and minor damage was sustained to the surroundings but no harm was caused to any person near by the general administrative office across the road from the Hinthada Township Court, in Burma’s delta region. Investigating officials found that further unexploded bombs had been planted nearby.
Three days later, police took Kyaw Swa Lin, a part time staff member of the telecommunications department, into custody. When the police searched his house, they found that in his diary he had written a note that the Monitor news journal of 27 November 2011 had carried news about an attempted bombing in Taungoo, Pegu Division. Due to this note, he was suspected of involvement in the Hinthada bombing.
That night police also detained another man, Bo Bo Win Htun, a baker from the Cellular Tea Shop, which opens at the front of the Myanmar Post and Telecommunications (MPT) office was detained. After five days of continuous torture, Bo Bo Win Htun could not tolerate the pain any longer and he agreed to confess on 14 May 2012 that he had witnessed Kyaw Swa Lin carry out the bombing. Later on, Bo Bo Win Htun sent a complaint letter to the president to report that he had been forced to confess due to torture.
While Kyaw Swa Lin was detained, on 16 May 2012 the state media reported that another man was arrested and accused over the crime. On May 18, police brought that man to Hinthada and had him demonstrate how he was the one who allegedly planted the bombs. On July 5, private media reported that yet another person unknown and unrelated to Kyaw Swa Lin was arrested over the bombing and that the police had charged them.
However, the accused person, Kyaw Swa Lin was not set free and on 11 April 2013 he was found guilty under the Explosive Substances Act, 1908, section 4 and given a sentence of life imprisonment (20 years) in the Hinthada Township Court.
Furthermore, while in prison, Kyaw Swa Lin was locked with leg irons for no reason, which constitutes a form of inhuman treatment in violation of international standards, which require that restraints are used only for protection of the person and staff, not as punishment.
More details follow in the sample letter, as usual.
ADDITIONAL INFORMATION:
The AHRC has been following a number of other cases where persons have been wrongfully and without evidence accused of involvement in bombing in Burma. Even though the victims were released with President’s Amnesty, none of the persons were found innocent of their crimes in court. These include the cases of:
Aye Min Naing & 6 others: were released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-028-2011;
U Zeya & Sithu Zeya: were released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-013-2011/;
U Myint Aye: was released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-018-2009/.
Thant Zaw: was released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-227-2011/
Htun Oo & 11 others: was released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-145-2011/.
Than Myint Aung: was released with President’s Amnesty http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-108-2010/?searchterm=AHRC-UAC-108-2010;
Phyo Wai Aung: who was released with the president after 4 months later he pass away due to the suffer he got in prison http://www.humanrights.asia/campaigns/phyo-wai-aung/.
SUGGESTED ACTION:
Please write to the persons listed below to call for the case against these accused persons to be dropped. Please note that for the purposes of the letter Burma is referred to by its official name, Myanmar.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar, torture, and on the independence of judges and lawyers, the Working Group on Arbitrary Detention, and to the regional human rights office for Southeast Asia calling for interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Innocent men imprisoned for bomb plot despite jailing of others for same crime
Name of victim:
1. Kyaw Swa Lin, son of U Soe Myint, 35, telecommunications staff, residing in Signal Compound, Farmers Quarter, Hinthada Town, Ayeyarwaddy Region, Myanmar
2. Bo Bo Win (a.k.a.) Bo Gyi, son of U Bo
Names of alleged perpetrators:
1. Constable Han Win Aung, Serial No. La-209564, No. 1 Police Station, Hinthada
2. Police Sergeant San Nyunt, Serial No. La-113092, No. 1 Police Station, Hinthada
3. Zaw Myo Naing, Serial No. La-157402, Station Commander and Investigation Officer, No.1 Police Station, Hinthada
4. Myint Khaing, Serial No. La-163897, District Police Commander, Hinthada
Date of incident: 9 March 2012 to present
Cases lodged against detainees: Unlawful Associations Act, 1908, section 17(1); Explosive Substances Act, 1908, Hinthada Township Court
I am writing to voice my deep concern regarding the illegal arrest, and long sentence passed against Kyaw Swa Lin, an innocent man who has been accused of a bombing in Hinthada Township, in early March 2012.
According to the information that I have received, on 6 March 2012, around 10am an explosion occurred and minor damage was sustained to the surroundings but no harm was caused to any person near by the general administrative office across the road from the Hinthada Township Court, in Burma’s delta region. Investigating officials found that further unexploded bombs had been planted nearby.
Three days later, police took Kyaw Swa Lin, a part time staff member of the telecommunications department, into custody. When the police searched his house, they found that in his diary he had written a note that the Monitor news journal of 27 November 2011 had carried news about an attempted bombing in Taungoo, Pegu Division. Due to this note, he was suspected of involvement in the Hinthada bombing.
That night police also detained another man, Bo Bo Win Htun, a baker from the Cellular Tea Shop, which opens at the front of the Myanmar Post and Telecommunications (MPT) office was detained. After five days of continuous torture, Bo Bo Win Htun could not tolerate the pain any longer and he agreed to confess on 14 May 2012 that he had witnessed Kyaw Swa Lin carry out the bombing. Later on, Bo Bo Win Htun sent a complaint letter to the president to report that he had been forced to confess due to torture.
While Kyaw Swa Lin was detained, on 16 May 2012 the state media reported that another man was arrested and accused over the crime. On May 18, police brought that man to Hinthada and had him demonstrate how he was the one who allegedly planted the bombs. On July 5, private media reported that yet another person unknown and unrelated to Kyaw Swa Lin was arrested over the bombing and that the police had charged them.
However, the accused person, Kyaw Swa Lin was not set free and instead was held in illegal detention for around four months. On 11 April 2013 he was found guilty under the Explosive Substances Act, 1908, section 4 and given a sentence of life imprisonment (20 years) in the Hinthada Township Court.
Furthermore, while in prison, Kyaw Swa Lin was locked with leg irons for no reason, which constitutes a form of inhuman treatment in violation of international standards, which require that restraints are used only for protection of the person and staff, not as punishment.
Accordingly, I urge you to arrange for the immediate release of Kyaw Swa Lin from long imprisonment for a crime that he did not commit. I am also calling for protection and security for his family. I am of the opinion that the officers involved in the interrogation must be also subjected to investigation and if found to have committed acts of torture and fabricated evidence to bring the case against the accused, themselves be subject to criminal prosecution.
In light of this case, I take the opportunity to express my special concern that if Myanmar is fails to reform its judiciary and police forces, it will be hard for recent political changes to obtain any traction, since institutionalized violations of rights will continue unabated.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. U Hla Min
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
2. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
4. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
5. U Kyaw Kyaw Htun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
6. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659668
Fax: +95-1-659668
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
