BURMA: Five former student activists arrested without cause and denied their legal rights 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-333-2006
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the arrests and continued detention of five pro-democracy activists last week in Burma.  Former student activists Min Ko Naing, Ko Ko Gyi and Htay Kywe were arrested by the military on September 27, while Min Zeya and Pyone Cho were detained three days later on 30 September 2006.  All five detainees are well known supporters of Aung San Suu Kyi’s pro-democracy party the National League for Democracy (NLD).  The activists have been denied their legal rights since they have been in custody for longer than twenty-four hours and still have not been produced before a magistrate.  According to Burmese law, anyone who is arrested must be brought before a court within a twenty-four hour period.

On 27 September 2006, Min Ko Naing, Ko Ko Gyi and Htay Kywe were taken from their homes by the police for questioning.  Three days later on September 30, activists Min Zeya aged 45 and Pyone Cho aged 40, where also arrested at their homes for allegedly writing a letter to the authorities that questioned what was happening to their colleagues Min Ko Naing, Ko Ko Gyi and Htay Kywe.  The arrests coincided with the 18th anniversary of the pro-democracy party of the National League for Democracy’s (NLD).

Five days after the original arrests, the authorities issued a statement claiming that the activists have been detained in the name of national security. The five pro-democracy supporters have been accused by the military dictatorship of inciting political instability and propagation a terrorist ideology.

The five activists are well known to the authorities for expressing their opposition to the junta’s despotism, as they are former leaders of the “88 Generation Students Group”.  The group organized pro-democracy rallies throughout the late 1980’s which as a consequence saw them imprisoned.

The AHRC strongly deplores this attack on freedom and expresses its total condemnation for any situation where due process of law is denied.  It is unacceptable that these activists were held for five days of questioning and are now branded enemies of the state without being brought before a magistrate.  The AHRC is also deeply concerned for the well being of these individuals since their current whereabouts remain a mystery.  These arrests demonstrate the continued repression of freedom in Burma and the military’s unwillingness to follow through with their public commitment to restoring democracy.

SUGGESTED ACTION:
Please write to the relevant authorities listed below calling for the immediate release of the five pro-democracy activists. The AHRC also urges you to express your concern over the government’s continued crackdown on pro-democracy activists and politicians alike.

Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.

Please also note that–as many readers will be aware–government ministries in Burma have in recent times been relocated to the new capital of “Naypyitaw” in the centre of the country. Until such a time as the AHRC has reliable contact information for ministries there, we are continuing to use the addresses in the former capital.

 

 

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SAMPLE LETTER

Dear __________,

MYANMAR: Five former student activists arrested without cause and denied their legal rights

Name of the victim: Min Ko Naing, Ko Ko Gyi, Htay Kywe, Min Zeya and Pyone Cho
Alleged perpetrators: Myanmar Military
Place of incident: Yangon, Myanmar
Date of incident: September 27 and 30 September 2006

I am writing to express my deep concern over the recent arrests of five pro-democracy activists, namely Min Ko Naing, Ko Ko Gyi, Htay Kywe, Min Zeya and Pyone Cho, and to ask for their immediate release.

I have learned that on 27 September 2006, former student activists Min Ko Naing, Ko Ko Gyi and Htay Kywe were detained by the military at their home for question. Three days later on September 30, two other pro-democracy activists named Min Zeya and Pyone Cho were also arrested from their homes for writing a letter to the authorities in the hopes of finding out what had happened to their colleagues.

I am aware that all five detainees are well known supporters of Aung San Suu Kyi's pro-democracy party the National League for Democracy (NLD). I am also aware that the activists have been denied their legal rights since they have been in custody for longer than twenty-four hours and still have not been produced before a magistrate.  According to Burmese law, anyone who is arrested must be brought before a court within a twenty-four hour period.

It worries me that it took five days for the government to issue a statement on the arrests without producing the men before a magistrate.  lthough the authorities claim that the activists have been detained in the name of national security, I have not heard of any evidence which supports these allegations.

I am deeply concerned that these activists were held for five days of questioning and are now branded enemies of the state without being brought before a magistrate. I am also concerned for the well being of these individuals since their current whereabouts remain a mystery.

I urge you to release these activists immediately and compensate them for the trauma that the have no doubt experienced throughout this ordeal. Releasing these activists will greatly benefit your country's international reputation and help your government to establish greater political, economic and social ties.

I look forward to hearing about the release of these activists and Myanmar's continued progression towards democracy.

Yours sincerely,

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PLEASE SEND YOUR LETTERS 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. U Aung Toe
Chief Justice
Office of the Supreme Court
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Tel: +951 372 249 / 253 066

5. 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)

6. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-333-2006
Countries : Burma (Myanmar),
Issues : Arbitrary arrest & detention,