Dear friends,
The Asian Human Rights Commission (AHRC) has been following with concern the case of six men who were arrested in Burma on May Day for organising some discussions about worker’s rights. The men have been charged with sedition and were finally brought before a judge nearly three months after their arrests. Their arrest and detention comes around the same time as other human rights defenders in Burma have been given long jail terms.
CASE DETAILS:
According to the information obtained by the AHRC from the Yoma 3 News Service (Thailand) and a number of other sources, on 1 May 2007 a group of workers’ rights advocates had organised for some discussions on labour rights to be held at the American Center in Rangoon. However, the government authorities systematically acted to thwart their plan and arrest the organisers, as follows:
1. Ko Thurein Aung, one of the organisers, was bringing a group of workers by vehicle to the centre when stopped by officials and arrested; the vehicle and workers were freed to go after publications on workers’ rights were removed. They took the arrested man to a special interrogation centre.
2. As the other organisers arrived at the centre they saw a large group of police outside and further down the road groups of officials, police and unidentified persons on the street corner and inside some shops. Still they went ahead with the programme, on domestic and international standards of workers’ rights, and around 50 persons attended. After finishing in the afternoon, they left in small groups of three or four, and finally only three organisers were left. They saw that the officials and others were still waiting outside, and when they left they also were stopped by a group of the men and taken to the same interrogation centre, together with a further person from the gathering.
3. A second programme at a house in an area where there are many factories was also disrupted by the presence of police and local officials outside.
In total 33 persons were arrested on the same day. By the night time, most had been released, but six were held and charged with sedition, forming an illegal organisation and having contact with illegal organisations.
On July 5 the state-run media recorded that Thurein Aung and others had received money from abroad to hold meetings with workers in order to discuss “about the difficulties they were facing in an exaggerated manner to create outrage [among the] workers and then to incite protests”.
While the men were kept in detention at the central prison, they were reportedly held in separate buildings, denied visits, and also subjected to cruel and inhuman treatment. For instance, officials would allegedly suddenly appear in the middle of the night, or during mealtimes, and take them for further interrogations; and they were not given medical treatment for ailments.
The case opened against the six on July 16 at the central prison premises. Relatives were not admitted to the first hearing but were able to attend the subsequent hearings from July 20, which were at an outside court. However, after that the hearings were transferred back to the prison premises, where outsiders have been unable to get access. Lawyers for the accused lodged a request for the case to be transferred to an open court, but due to constant harassment by prison authorities, on August 4 they also withdrew from the case in protest. Thus the defendants now have no attorneys representing them.
ADDITIONAL COMMENTS:
This case comes at a time of a number of other cases reported on by the AHRC where human rights defenders have been targetted and jailed simply for holding talks and other very limited activities in Burma. See in particular the jailing of Ko Min Min (UP-108-2007) on a charge of giving illegal tuition, and also of six rights defenders in the delta region (UP-105-2007). The AHRC submitted a letter of concern on Ko Min Min’s case to the secretary general of the Association of South East Asian Nations: AHRC-PL-030-2007.
The AHRC has called on the UN special expert for human rights defenders to do much more to address the worsening situation in Burma for these persons: AHRC-OL-025-2007. It has also spoken of the growing use of thugs and unconventional groups to handle government opponents and persons organising on human rights principles: AS-173-2007; AS-125-2007.
The charges and handling of this case also bear a strong resemblance to that of the group of Shan nationality leaders given life sentences for high treason and sedition earlier in 2007 (UP-016-2007; UP-008-2007; UA-017-2007; see also Pyithu Hittaing, vol. 2, no. 2).
There are no trade unions in Burma. In recent times the International Labour Organisation has renewed an agreement with the government there to address the persistent use of forced labour in the country; it is also believed to be aware of this case.
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SUGGESTED ACTION:
Please write to the Attorney General and Chief Justice of the Supreme Court to demand that the convicted men obtain their legal rights, either by way of the case being dropped completely or in order that they obtain legal representation and be acquitted of the needless charges against them. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Rangoon, Yangon.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Unlawful arrest, detention and prosecution of workers’ rights advocates
Details of convicted persons:
1. Ko Thurein Aung, 32, event organiser, resident of Hlaingthayar Township, Yangon
2, Ko Way Lin, 24, event organiser resident of Mangaleit village, Kunchankone Township, Yangon Division
3. Ko Kyaw Min (a.k.a. Ko Wanna)
4. Ko Myo Min
5. Ko Nyi Nyi Zaw, 25, May Day events organiser, resident of Thukhayeithar, Hlaing Township, Yangon
6. Ko Kyaw Kyaw, 29, junior lawyer, resident of Ward 20, South Dagon Township, Yangon
Detained & interrogated by: Deputy Superintendent Zaw Lin Naing and other personnel of Kyaik-kahsan interrogation camp, Myanmar Police Force, on 1 May 2007
Charges:
1. Sedition, Penal Code sn. 124A (all defendants)
2. Forming an illegal organisation, Organisation Law, No. 6/88, sn. 6 (defendants 1, 2, 5, 6)
3. Illegal movement across border, Burma Immigration (Emergency Provisions) Act, 1947, sn. 13(1) (defendants 1-4)
4. Participating in an illegal organisation, Unlawful Association Act, 1908, sn. 17(1) (defendants 1-4)
Further details: Charges lodged by Deputy Superintendent Myo Thant, hearings commenced in Insein Prison Special Court, Yangon on 16 July 2007; subsequently at North Yangon District Court, but then transferred back to the prison court
I am greatly disturbed to hear that six men in Myanmar have been charged with sedition and other grave offences simply for organising a discussion about workers’ rights under domestic and international law.
According to the information I have received, the six were among some 33 persons detained as they had arranged a meeting to commemorate May Day at the American Center in Rangoon. Among them, Ko Thurein Aung, was arrested by six officials, two in uniform and four in plain clothes, around 8:30am on his way to the centre, and taken directly to Kyaik-kahsan interrogation camp. The others were arrested after they had left the programme, which had been attended by around 50 persons in total. Throughout the day they had observed police, local officials, members of the mass-mobilising body the Union Solidarity and Development Association, firemen, cars belonging to district officials and other unidentified persons and vehicles waiting outside and around the area. At least one person present said that they were arrested not by the police but by a group of around 30 unidentified men, who sent them to the interrogation centre on a commandered public bus. A second programme at a house in Hlaingthayar, where there are many factories, was also disrupted by the presence of police and local officials outside.
The six were kept at the central prison, where they were reportedly held in separate buildings, denied visits, and also subjected to cruel and inhuman treatment. For instance, officials allegedly suddenly appeared in the middle of the night, or during mealtimes, and took them for further interrogations; and they were not given medical treatment for ailments, such as the stomach pains of Ko Nyi Nyi Zaw.
The case opened against the six on July 16 at the central prison premises. Relatives were not admitted to the first hearing but were able to attend the subsequent hearings from July 20, which were at an outside court. However, after that the hearings were transferred back to the prison premises, where outsiders have been unable to get access. Thus, two lawyers for the accused, U Aung Thein and U Khin Maung Shin, on August 2 sought for the case to be transferred back to open court, in accordance with section 2(e) of the Judiciary Law 2000, that “dispensing justice [should be] in open court unless otherwise prohibited by law”. However, due to constant harassment as they entered and left the court premises, the two lawyers withdrew from the case in protest on August 4. According to U Aung Thein, they had been searched and questioned needlessly every time they came and left. Thus the defendants now have no attorneys representing them.
I find it outrageous that the court system in Myanmar is being so blatantly misused and perverted for the purpose of imprisoning persons whose only “offence” was to discuss and promote workers’ rights in accordance with standards to which the government of Myanmar is supposed to be in compliance. This case is particularly ironic coming at a time that the government has recently renewed its agreement for cooperation with the International Labour Organisation, and I expect that the latter is following the case closely and it will also be highly concerned by the treatment of these men.
I therefore call for the attorney general of Myanmar to see that the concerned law office staff review the charges against the accused and close the case without further delay in accordance with the Attorney General Law (2001), sections 4(b) and 9(h). In the meantime, I call for the case to be transferred to an open court as sought by the former lawyers of the accused, and for the hearings not to continue under any circumstances without the defendants being represented, in order that their rights by fully protected (Attorney General Law, section 3[i]).
I am also aware that this is one of a number of such cases involving illegal arrests and needless persecution of human rights defenders and others in Myanmar during recent times. I take this opportunity to call for the cessation of such actions by the government and persons acting on its behalf, and in particular demand the release from imprisonment of jailed former tuition teacher Ko Min Min and the six members of the Human Rights Defenders and Promoters group in Henzada Township.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. 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
2. 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
PLEASE SEND COPIES TO:
1. Lt-Gen. Thein Sein
Acting Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
2. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 040/ 069/ 072
Fax: +95 67 412 016/ 439
3. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Naypyitaw
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
4. U Aung Bwa
Director-General, ASEAN-Myanmar
Ministry of Foreign Affairs
Pyinmana
MYANMAR
Tel: +951 229 214; 221 191
Fax: +951 222 950; 221 719
E-mail: dgaseanmofa@myanmar.com.mm
5. Mr. Patrick Vial
Head of Delegation
ICRC
No. 2 (C) – 5 Dr. Ba Han Lane
Kaba Aye Pagoda Road, 8th Mile
Mayangone Township
Yangon
MYANMAR
Tel.: +951 662 613 / 664 524
Fax: +951 650 117
E-mail: yangon.yan@icrc.org
6. Mr. Steve Marshall
Liaison Officer (Myanmar)
International Labour Organization (ILO)
4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: +41 22 798 8685
E-mail: marshall@ilo.org
7. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Mr. Laurent Meillan
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: lmeillan@ohchr.org
8. Ms. Hina Jilani
Special Representative of the Secretary General on human rights defenders
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
9. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
10. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Tel: +662 288 1496
Fax: +662 288 3009
11. Mr. Ong Keng Yong
Secretary General
ASEAN Secretariat
70A, Jalan Sisingamangaraja
Jakarta 12110
INDONESIA
Tel: +62 21 7262991/ 7243372
Fax: +62 21 7398234/ 7243504
Email: public@aseansec.org; termsak@aseansec.org; amelia.b@aseansec.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrchk.org)
