Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the custodial assault and death of a young man in northeastern Burma over a personal dispute. According to the information, police detained Phyo Thura in October 2015 after he fought with a traffic officer’s son. The day after his arrest when his father saw him briefly he was covered with bruises and urinating blood. He died the same night. Although the family has made complaints so far no action has been taken against the policemen involved.
CASE NARRATIVE:
Around 9 p.m. on 30 October 2015, Phyo Thura was at a barbeque restaurant in Muse with his friend Set Paing Hmu, the son of a traffic policeman. The two young men had a small argument and came to blows. Phyo Thura hit his friend with a small plastic chair, causing a laceration. Phyo Thura then went home, and Set Paing Hmu went to the outpatient facility at the local hospital where he received treatment for a minor injury.
Thereafter, police arrested Phyo Thura and his friend’s father opened a case against him at the main town police station. When Phyo Thura’s father, U Win Myint learned that his son was being held at the police station he went to find out what was happening and saw that the duty officer had ordered Phyo Thura to be handcuffed and placed in the waiting area. At about 12.30 p.m., the officer in charge of the station arrived and told Win Myint that his son was to be charged with assault. He said that Phyo Thura would get bail the next day and told Win Myint to go find a guarantor.
On October 31, Win Myint arrived at the police station at around 11 a.m. but was not able to meet with his son or get him bail as he had been told he would be able to. That evening, he again went to the police station but was told that it was too late to meet his son so asked what he could bring for him. A policeman told him that Phyo Thura was not well and he should bring some blankets and warm clothing. Win Myint hurried home to get the items and when he came back after 6 p.m. he met the police station commander again, who said he should arrange for a guarantor and get bail without delay. Thereafter, around 7:30 p.m. he learned that his son had been admitted to hospital.
When he met with Phyo Thura at the hospital, Win Myint saw that his son was covered in bruises and his urine had blood in it. His head was bleeding from injuries. He was wearing clothing that was not his own and was still handcuffed. Meanwhile, the police kept pressuring Win Myint to arrange for bail and found their own guarantors to arrange it. After that they took off the handcuffs.
At around 9:10 p.m. Phyo Thura died of his injuries. The doctor on duty recorded cause of death as blunt injuries and chest injuries. However, when the police issued a statement about the death, it stated that it was due to an infection causing suppurating sores and fever.
Phyo Thura’s family rejects this statement entirely. At the time of his detention, Phyo Thura had been in good health and had no known illnesses. Manifestly, he died due to torture he had suffered at the hands of the police while in detention.
The district police subsequently announced that they would look into the death and determine whether anyone was responsible for it or not. But because the police have already come up with an explanation of “natural causes”, this announcement has given no comfort to the family who are sure that the police will cover up the killing.
Further details are provided in the sample letter below, as usual.
BACKGROUND INFORMATION:
In Burma, assault is common in police stations, where it takes the form of beatings and other blunt methods intended to cause pain and obtain a confession, or as a form of revenge – as appears to be the case in this instance.
In previous urgent appeals the AHRC has expressed its concern over police and military intelligence torture, sometimes resulting in death, such as in the cases of Ko Par Gyi, Maran Lu Ra and Tangbau Hkown Nan Tsin, Thet Paing Tun, Lahpai Kan and Baran Yaun, Ko Nan Win and Ma Than Than Aye, Soe Lin, Zaw Gyi, U Nyunt Tun, U Than Tun, Aung Hlaing Win, Myo Myint Swe,and Nan Who Phan.
Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. Usually, the police force responds with disciplinary inquiries and actions such as transfer, demotion and occasionally, dismissal from service, as discussed in a recent AHRC statement.
Officers are structurally protected via laws that require special authorisations to be given by their own agencies, and others, before they can be charged with crimes. 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 up to the current time no action has been taken on his call.
For many more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage.
SUGGESTED ACTION:
Please write a letter to the following government authorities to call for the prosecution of the police responsible for the killing of Phyo Thura.
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 extrajudicial killings; 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 in Muse beat young man to death over altercation with a traffic police officer’s son
Name of victim:
Phyo Thura, 22, phone shop sales assistant, son of U Win Myint, resident of Lashio, Shan State
Names of persons involved:
1. Traffic Police Sergeant Ye Myint, Muse
2. Sub Inspector Zin Myo Nyi Nyi, Muse Town Police Station
3. Police Captain Zaw Lin, Acting Station Commander, Muse Town Police Station
3. Other personnel of Muse Town Police Station, Myanmar Police Force
Date of incident: 30-31 October 2015
Place of incident: Muse Town Police Station, Shan State (north), Myanmar
I am deeply disturbed to learn that police officers in Muse assaulted and killed a young man detained over an altercation with the son of a traffic officer, and call for criminal action to be taken against them urgently.
According to the information I have received, at around 9 p.m. on 30 October 2015, Phyo Thura was at the Cho Nan Chit barbeque restaurant in the southern ward of Muse with his friend Set Paing Hmu, the son of Traffic Police Sergeant Ye Myint. The two young men had a small argument and came to blows. Phyo Thura hit his friend with a small plastic chair, causing a laceration. Phyo Thura then went home, and Set Paing Hmu went to the outpatient facility at the local hospital where he received treatment for a minor injury.
Thereafter, police arrested Phyo Thura and Traffic Police Sergeant Ye Myint opened a case against him at the main town police station. When Phyo Thura’s father, U Win Myint learned that his son was being held at the police station he went to find out what was happening and saw that the duty officer, Sub Inspector Zin Myo Nyi Nyi, had ordered Phyo Thura to be handcuffed and placed in the waiting area. At about 12.30 p.m., the officer in charge of the station, Police Captain Zaw Lin, arrived and told Win Myint that his son was to be charged with assault. He said that Phyo Thura would get bail the next day and told Win Myint to go find a guarantor. Thereafter Phyo Thura was placed in lockup 2.
On October 31, Win Myint arrived at the police station at around 11am but was not able to meet with his son. He found Sub Inspector Zin Myo Nyi Nyi outside of the station but the officer said he couldn’t arrange bail. That evening, he again went to the police station but was told that it was too late to meet his son so asked what he could bring for him. A policeman told him that Phyo Thura was not well and he should bring some blankets and warm clothing. Win Myint hurried home to get the items and when he came back after 6 p.m. he met the police station commander again, who said he should arrange for a guarantor and get bail without delay. Thereafter, around 7:30 p.m. he learned that his son had been admitted to hospital.
When he met with Phyo Thura at the hospital, Win Myint saw that his son was covered in bruises and his urine had blood in it. His head was bleeding from injuries. He was wearing clothing that was not his own and was still handcuffed. The duty doctor, Dr. Kyaw Sithu, said he did not know the circumstances that had led Phyo Thura to be brought to the hospital. Meanwhile, the police kept pressuring Win Myint to arrange for bail and found their own guarantors to arrange it. After that they took off the handcuffs.
At around 9:10 p.m. Phyo Thura died of his injuries. Dr. Kyaw Sithu recorded cause of death as blunt injuries and chest injuries. However, when the Shan State Police Force issued a statement about the death, it stated that it was due to an infection causing suppurating sores and fever. Phyo Thura’s family rejects this statement entirely. At the time of his detention, Phyo Thura had been in good health and had no known illnesses. Manifestly, he died due to torture he had suffered at the hands of the police while in detention.
The district police subsequently announced that they would look into the death and determine whether anyone was responsible for it or not. Although the announcement superficially should be welcomed, the experience of police investigating other policemen for wrongdoing in Myanmar is, as in other countries in Asia, one of whitewashing rather than inquiry. Where wrongdoing is found, it is usually the case that the persons responsible—even if their acts constitute crimes—are punished with disciplinary sanctions rather than being prosecuted like an ordinary person would be.
Therefore, I am urging that in this case a special high-level investigation be established to ensure that the perpetrators of this assault and killing be held to account for their crimes as a matter of utmost urgency. I also urge that the family receive compensation for their son’s death consistent with international standards, and other support necessary to ensure that they have adequate redress for the wrongs committed against their son.
In closing, I remain very concerned that impunity is still widely enjoyed by state agents who have committed torture in Myanmar despite the government’s recent political reforms. I have learned that groups inside the country have called on its parliamentarians to pass a law to criminalize torture, and that in March 2013 a Member of Parliament also raised the matter in the national legislature. I urge that steps be taken to introduce such a law at the earliest opportunity. Again, any such law needs to be in accordance with international standards. In this regard, a positive commitment to the prohibition of torture as a matter of principle would be for the government of Myanmar to at long last ratify both the UN Convention against Torture and its optional protocols, and the International Covenant on Civil and Political Rights.
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
Naypyitaw
MYANMAR
Tel: +95 67 412 079
Fax: +95 67 412 439
2. U TheinSein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U TunTunOo
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
Email: scunion@mptmail.net.mm
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
Email: ago.h.o@mptmail.net.mm
5. U KyawKyawHtun
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. Thura U AungKo
Chairman
PyithuHluttaw Judicial and Legislative Committee
PythuHluttaw Office
Naypyitaw
MYANMAR
7. U AungNyein
Chairman
PyithuHluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the AmyothaHluttaw
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
Email: chmyanmarnhrc@gmail.com
9. DawAung San SuuKyi
Chairwoman
PyithuHluttawRule of Law and Tranquility Committee
Office of the PyithuHluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
