Dear friends,
The Asian Human Rights Commission (AHRC) has received information that in July 2013 the police from Myaung Mya Township Police Station tortured a then 13-year-old boy accused of murder. They detained him for one month, tortured him, and sent him to court with documents that incorrectly stated his age. He was granted bail after court found that he was underage, but the case is still pending in Juvenile Court.
CASE NARRATIVE:
(Photo credit: Salai Thant Sin / The Irrawaddy)
Soe Lin, is unable to walk without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin’s Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.
Meanwhile, for almost three weeks, Soe Lin and his father weren’t allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.
They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.
When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy’s age as 16 even he knew that the boy’s was 13 years old. However, during the hearing in court, the headmaster of boy’s primary school came to court to prove boy’s real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.
The boy can’t even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.
It is clearly say in Child Law 1993 that “when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible.”
In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is still stalled at trial.
BACKGROUND INFORMATION:
In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape, and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want.
Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but the government has not taken any further action.
For many more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge that all those responsible for the torture of Soe Lin be prosecuted and investigated, and that he be afforded a reasonable and swift conclusion to the case still pending against him.
Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.
Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on torture, on independence of judges and lawyers; UNICEF Myanmar; and, the regional office in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………………………,
MYANMAR: Police tortured 13-year-old in custody, case is stalled
Names of victims: Soe Lin, now 14 years old
Residents of Nawaday Road, Myayatana Quarter, Myaung Mya Township, Ayeyawaddy Region,Myanmar
Names of perpetrators:
- Police Inspector Kyawt Han
- Other police personnel from Myaung Mya Police Station
Date of incident: 23 July 2013 (date of arrested) to present
Place of incident: Myaung Mya Township Police Custody, Ayeyawaddy Region, Burma
I am upset to hear that Soe Lin, is unable to walk without assistance because of torture by police personnel in Myaung Mya Township Police Station. On 23 July 2013, U Kyaw Wai, was murdered in the Aung Pan salt factory where he worked. Soe Lin and his father were accused of murdering the man and were arrested that day. A few days later the police also arrested, Soe Lin’s Mother and 9-year-old sister were also taken to the police station for interrogation. The mother and daughter remained in custody for two days.
Meanwhile, for almost three weeks, Soe Lin and his father weren’t allow to meet with family or any relatives. In all, the police detained Soe Lin and his father for one month without warrant or court order. The police interrogated Soe Lin in custody and attempted to get him to admit that he killed the man. He denied killing anybody, talking with the man, or visiting his house. After asking for three days he maintained his innocence, so they started torturing him.
They methods of torture used on the boy included using a lighter to burn his face around his eyes, burning his fingers with a cigarettes causing his fingernails to fall off, forcing him to kneel on coarse gravel for an extended period of time, denying him food and water, holding his head underwater, and various beatings that eventually caused bleeding from his ear and blood in his urine. This torture continued for a month and was conducted at least in part by Township Police Commander Inspector Kyawt Han. As a result, the victim is having difficulty breathing, walking, and relieving himself.
When the Inspector Kyawt Han filed the case against Soe Lin, he wrote the boy’s age as 16 even he knew that the boy’s was 13 years old. However, during the hearing in court, the headmaster of boy’s primary school came to court to prove boy’s real age: 13 years and 10 months old. Because the boy is a minor, the case was transferred to a juvenile court in Ein-me Township and he has been released on bail.
The boy can’t even stand on his own. According to his clinic doctor, it is due pain in his lower vertebra and pelvis. However, the doctor said that the government should provide medical treatment at a hospital for the boy because he was harmed in custody. However, the government has not offered any such treatment.
It is clearly say in Child Law 1993 that “when arresting a child accused of having committed an offence: [law enforcement] shall not handcuff the child or tie [the accused] with a rope; shall not keep the child together with adult prisoners; shall not maltreat or threaten the child; [and] shall send up the arrested child to the relevant juvenile court as soon as possible.”
In addition, due process requires the right to a speedy trial. In a case such as this one it is a violation of such rights to hold the accused indefinitely without resolving the legal issues.In this case, the police did not respect any of these laws. The case is stalled at trial.
Therefore, I urge the government to intervene in this case and to prosecute the Police Inspector Kyawt Han and police personnel from Myaung Mya Township Police Station who tortured the child under both the Myanmar Police Force Maintenance of Discipline Law and Criminal Law.
I look forward to your positive and effective response in this case.
Yours sincerely,
…………………………
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. KoKo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyidaw
MYANMAR
Tel: +95 67 412 079
Fax: +95 67 412 439
2. U TheinSein
President of Myanmar
President Office
Office No. 18
Naypyidaw
MYANMAR
3. U TunTunOo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080
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
Fax: +95 67 404 146
5. U KyawKyawHtun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079
Fax: +951 549 663
6. Thura U AungKo
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
7. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
Naypyitaw
MYANMAR
8. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668
Fax: +95-1-659 668
9. DawAung San SuuKyi
Chairperson
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
