Dear friends,
The Asian Human Rights Commission (AHRC) has received detailed information about the case of a young man in Burma who has been jailed without evidence or fair trial, allegedly for selling illegal lottery tickets. Nyi Nyi Htut, a law student, was arrested in the delta town of Bogalay on 16 June 2006 when police saw some illegal lottery stubs lying nearby him. On 23 July 2006 he was summarily and illegally sentenced to three years’ imprisonment. His case speaks to what the AHRC has described as Burma’s “injustice system”.
According to the information received by the AHRC, on June 16 chief detective Deputy Superintendent Aye Htun and six police officers conducted a raid in the Aungthapyay market in Bogalay town, to arrest persons selling illegal lottery tickets, which are very popular and widespread in Burma. At that time all the persons selling tickets threw away the ticket stubs and ran off. Some stubs were on the ground in front of where Nyi Nyi Htut sells betel nut to earn money. The police were unable to catch anyone despite their efforts. So when Deputy Superintendent Aye Htun saw the stubs nearby Nyi Nyi Htut’s stall, he accused the young man of being an illegal lottery agent, and arrested him.
On June 21 Township Judge (Second Class) Daw Toe Toe Yin allowed the case to proceed against Nyi Nyi Htut. As he is poor, Nyi Nyi Htut could not afford a lawyer, and as a law student tried to defend himself. But he was denied permission to present witnesses and on July 23 despite the lack of any firm evidence was sentenced to three years’ imprisonment. The following day he was sent to Pyapon Prison.
The AHRC is advised that under Burma’s domestic law it is illegal for a second-class magistrate to convict anyone for three years in a trial of this sort. The maximum sentence that a second-class magistrate can give is six months. In fact, no summary trial should have more than a six-month sentence passed against the accused. Also, Nyi Nyi Htut was sentenced under a law that requires a full trial, which he was denied.
ADDITIONAL COMMENTS:
The AHRC has in the past reported on other cases where judges in Burma are either ignorant or deliberately ignore the law. For instance, U Tin Nyein was charged under a wrong law because he complained that government authorities destroyed his crops through their negligence (UA-155-2006). A court in Rangoon refused to proceed with an inquest into the torture killing of Aung Hlaing Win despite having testimony from doctors and medical records to substantiate the case (UA-110-2005). A child was sentenced to jail under laws intended for adults (UA-021-2004). In 2004 the AHRC also reported on the jailing of Ko Sein Win under similar circumstances, on spurious charges of illegal gambling (UA-175-2004).
Nyi Nyi Htut’s case also speaks to the suffering at the hands of the law by poor people throughout Burma, which is to say, most people. If the young man had had money then he could have easily paid his way out of the charge. But instead he was sentenced to three years in jail. This is a common problem for people in most Asian jurisdictions. See for instance a recent report on neighbouring Bangladesh: Lawless law-enforcement & the parody of judiciary in Bangladesh, (article 2, vol. 5, no. 4, August 2006). See in particular: Bangladesh, a corrupted & tortured nation.
SUGGESTED ACTION:
Please write to the Attorney General and other concerned persons below requesting a review of the conviction of Nyi Nyi Htut. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Arbitrary arrest and denial of fair trial in Bogalay township
Name of victim: Nyi Nyi Htut, 21 years' old, son of U Htay Lwin & Daw Khin Mar Choe, law student & betel nut vendor, residing in Ward 9, Bogalay town, Ayeyawaddy Division
Alleged perpetrators:
1. Deputy Superintendent Aye Htun, Chief Detective, Bogalay Township Police
2. Second Class Township Judge Daw Toe Toe Yin, Bogalay Township Court
Date of incidents: 16 June & 23 July 2006
Place of incident: Aungthapyay Market, Bogalay town; Bogalay Township Court
Sentenced under: Gambling Act, No. 6/1986, section 15(b)
I wish to draw your attention to the arrest and conviction under the Gambling Act of Nyi Nyi Htut, which according to the information I have received, was not done in accordance with the law.
Nyi Nyi Htut, a law student, was reportedly arrested in Aungthapyay market, Bogalay on 16 June 2006 when police saw some illegal two-digit lottery stubs lying nearby his betel nut stall. The stubs had been dropped by agents who had run away when six police officers led by Deputy Superintendent Aye Htun had raided the market; however, they had failed to arrest any persons. So when Deputy Superintendent Aye Htun saw the stubs nearby Nyi Nyi Htut's stall, he accused the young man of being an illegal lottery agent, and arrested him instead.
On June 21 Township Judge (Second Class) Daw Toe Toe Yin allowed a summary case to proceed against Nyi Nyi Htut. As he is poor, Nyi Nyi Htut could not afford a lawyer. He was also allegedly denied permission to present witnesses. On July 23 despite the lack of any firm evidence, Nyi Nyi Htut was sentenced to three years' imprisonment and sent to Pyapon Prison the following day?
I am informed that this conviction violates sections 32(1)(b), 261(a) and 262(2) of the Code of Criminal Procedure. Under these, it is impossible for a second-class magistrate, and in a summary trial, to sentence the accused to any more than six months' imprisonment. He could only be convicted under section 15(b) of the Gambling Act under a full trial with a Special Township Court Judge or higher presiding. It is also self-evident that as the accused was allegedly denied the right to present witnesses, the trial was not fair.
Sadly, this is one of a number of instances that has been brought to my attention where judges in Myanmar have shown themselves to either be ignorant or deliberately neglectful of the domestic law.
Accordingly, I urge you to see that the Bogalay Township Law Office files for a review of this case in accordance with section 9(l) of the Attorney General Law 2001. I also urge you to ensure that the performance of both Deputy Superintendent Aye Htun and Second Class Township Judge Daw Toe Toe Yin is examined with a view to disciplining or dismissing either from office if found to have violated criminal procedure. In particular, similar measures should be taken against all judges who are found to have conducted their courts contrary to the law. Such measures may go some small way to instill a measure of public confidence in the performance of Myanmar's judiciary, which today is better known abroad as an "injustice system".
Yours sincerely
---
PLEASE SEND YOUR LETTERS TO:
U Aye Maung
Attorney General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028/ 282 449 / 282 990
PLEASE SEND COPIES TO:
1. Lt-Gen. Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
2. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street
Yankin Township
Yangon
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208
3. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Saya San Road
Yankin Township
Yangon
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
4. 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
5. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ahrchk@ahrchk.org)
