Dear ___________,
MYANMAR: Charges of sedition against person who demonstrated against rising commodity prices
Details of accused:
Ko Htin Kyaw (a.k.a. Kyaw Htin), 44, residing in 10th Street, Ward 5, North Okkalapa
Primary officials involved:
1. Deputy Police Major Myint Swe, No. La/59314, Papedan Township Police, Yangon
2. Deputy Police Superintendent Thein Naing Oo
3. Warrant Officer Min Naung
4. Corporal Myo Naing
5. Corporal Win Maung
6. Colonel Nay Myo Thu, No. 28605, Army Region 4, assigned to Yangon City Town Hall
Charge and trial: Charged with sedition, Penal Code sn. 124A in Yangon Western District Court Felony Case No. 16/2008; charge lodged on 6 February 2008 and opening depositions heard on 20 March 2008, U Htay Win, Deputy District Judge (5), presiding
I am very disappointed to learn that yet another person in Myanmar is being charged with the very serious offence of sedition for nothing more than having called for the increase in fuel prices of last 15 August 2008 to be reversed.
According to the information that I have received Ko Htin Kyaw is being tried in court without evidence and despite having been held in prison without charge or correct procedure applied prior to having the case opened against him.
I am aware that Htin Kyaw was taken from the street outside Maha Theindawgyi Monastery in Papedan Township while demonstrating with a placard calling for no increase to fuel prices at around 1pm on 25 August 2008. His being taken cannot in any way be likened to an arrest. Video footage shows his companion being dragged to a waiting unmarked vehicle by a group of unidentified men, some of whom have now come before the court to identify themselves as local traders and personnel of the township council. The so-called arrest of Htin Kyaw occurred without any uniformed police officers being present even though the Pansodan Township Police Station is only a short distance from where the incident occurred.
Not only was his being taken in this manner completely contrary to the law of Myanmar, he was not taken to a police station or produced before a court within 24 hours as required (Criminal Procedure Code, CrPC, section 61). Instead he was taken to and held at the Kyaikkasan army interrogation camp and some time later transferred to the Thanlyin Police Battalion No. 7 (violation of section 59 of the CrPC). The Papedan Township Police did not lodge the sedition charge in court until 6 February 2008, and did not even bring his case to the notice of a court until 11 November 2007. Thus he was kept in illegal custody for 165 days.
Finally, when the case was lodged in court it was found that he was being charged with sedition. This offence carries a life sentence and requires that it be proven that the accused has attempted “to bring into hatred or contempt, or… excite disaffection towards” the government. However, there is no element of this offence in any of the evidence that has been brought by the police against Htin Kyaw, which only shows that he had gone and called for the prices of fuels to not be increased. He has also been accused in relation to a rally in which he participated on 22 February 2007, again calling for lower commodity prices, after which he was already investigated and released.
I see no reason for the court to be hearing this case. Not only has Htin Kyaw been illegally arrested and detained, furthermore the charges against him are groundless.
I note that under the new Constitution of Myanmar 2008 the Supreme Court of Myanmar is authorised to examine the activities of lower courts and give directions accordingly by issuing writs. I thus call upon the court to take notice of this case in the district court and give directions that it be closed immediately.
I likewise call for the Attorney General to review the case and instruct the Yangon Western District Law Office to withdraw the case from the court as per section 4(b) of the Attorney General Law 2001, and for the Minister of Home Affairs and Director General of Police also to look into the matter both with a view to seeing the case withdrawn and also in order to review the work of their subordinates which has evidently gone on without any knowledge of or regard to the Code of Criminal Procedure, laws of evidence and other basic elements of the criminal justice system in Myanmar.
Finally, I take this opportunity to remind the Government of Myanmar of the need to allow the International Committee of the Red Cross access to places of detention and not least of all, access to those persons and forcibly disrobed monks and nuns who have been held in violation of criminal procedure and without charge or trial since the events of last September.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. Maung Oo
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. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
3. U Aung Toe
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. U Aye Maung
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. Brig-Gen. Khin Yi
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
