Dear friends,
The Asian Human Rights Commission (AHRC) has received information from a number of sources about the illegal arrest and jailing of two men in Burma who helped to collect signatures for a petition to the government seeking the release of political prisoners. The two men, Ko Win Ko and Phyoe Zaw Latt, were arrested at a train station on October 6. The arrest and detention procedure did not follow either domestic or international law. The two were falsely charged with different offences. Ko Win Ko has been sentenced to three years in jail. Tomorrow, November 3, a special tribunal is due to hear the case of Phyoe Zaw Latt. The tribunal also is contrary to the national law, as the accused has been charged with ordinary criminal offences, not special offences.
According to the information currently available, on October 6, Ko Win Ko, 38, and Phyoe Zaw Latt, 23, were travelling by train from Minhla, near their home township of Moenyo, in central Burma, to Rangoon. The two were carrying signatures for a petition to the military government calling for the release of a group of democracy activists who were arrested on September 27 (UA-333-2006). The campaign was launched by colleagues of the arrested persons in October, and reportedly has over half a million signatures from around the country. The two men had over 400 signatures from two villages with them at the time, which they planned to deliver and then go home.
However, at Letpadan station they were stopped by a group of around ten police and members of a government mass movement organisation, the Union Solidarity and Development Association (USDA). They were searched, and when the petitions were uncovered the two USDA personnel produced illegal lottery ticket stubs and claimed that they found them in Ko Win Ko’s bag.
The two men were taken back to Letpadan Township Police Station where Ko Win Ko was charged with resisting arrest and illegal gambling, and the sheets of signatures were confiscated.
Ko Win Ko’s trial date was set for October 19, and as he is a member of the National League for Democracy (NLD) the group sent a lawyer to represent him in court. However, upon arrival the lawyer and other persons found that the trial had already been conducted on October 18 and Ko Win Ko had been sentenced to three years in prison.
On October 25 the lawyer sought access to Ko Win Ko in prison but was told to wait some more days as the prison chief also is new. He left after getting reassurances that approval to visit the prisoner would be granted within a couple of days after receiving the necessary documents through the prisons department. The lawyer has said that he intends to assist Ko Win Ko to appeal the decision of the first court.
Meanwhile, Phyoe Zaw Latt was kept in illegal detention at Letpadan without charge. On October 22 he was released on a good behaviour bond, but did not reach his home before being taken back into custody by police from his home township and charged with deceit and forgery. He has since been kept in prison and faces a possible sentence of 16 years if found guilty. He is due to go before a special tribunal inside the prison on November 3, apparently also without having access to a lawyer, as he has been held incommunicado and has therefore not been able to authorise any lawyer to act on his behalf.
After hearing of her son’s arrest, Phyoe Zaw Latt’s mother, 58-year-old Daw Yin Shwe fell sick, and at about 1pm on October 23 she died. Persons close to the family have said that she was in good health before hand and that she died out of grief. Her son was not given permission to come to her funeral.
VIOLATIONS OF LAW:
There have been many violations of domestic law, to say nothing of international law, in the handling of the arrest, detention and prosecution of Ko Win Ko and Phyoe Zaw Latt. They include the following:
1. The correct search and arrest procedure was not followed. The police–not USDA officials, who are not state officers–should have searched the men. Also, two witnesses are required to observe the search, but apparently this was not done.
2. The defendants have not had any access to lawyers or opportunities to defend themselves. The date of the hearing of Ko Win Ko was changed apparently to thwart plans to represent him, and Phyoe Zaw Latt has not been given any access to a lawyer since his arrest.
3. The good behaviour bond placed on Phyoe Zaw Latt was patently illegal. It should only be used for habitual offenders or where there is clear evidence of intent to commit a felony, neither of which applied in his case.
4. The special prison tribunal for Phyoe Zaw Latt also is irregular and illegal. Such tribunals are normally reserved for special “national security” cases, whereas in this instance there are only normal criminal charges, which should be heard in an open court.
Additionally, on October 10 the state-controlled newspapers published a short report on the arrest of Ko Win Ko on charges of carrying illegal lottery tickets. These reports, which are unusual in Burma’s tightly-controlled media, had the effect of declaring him guilty before even going to court.
ADDITIONAL COMMENTS:
The AHRC has reported on many cases in the past that speak to the un-rule of law in Burma. Not only are international laws ignored there, but the police, prosecutors and judges routinely violate or ignore domestic law where necessary to obtain the “right” result for the state. Some such cases include:
UA-292-2006: U Tin Kyi was jailed for insulting government authorities in a case based wholly on hearsay.
UA-285-2006: Nyi Nyi Htun was sentenced to jail for selling illegal lottery tickets without any evidence, by a judge without the authority to convict him.
UA-155-2006: U Tin Nyein was charged under a wrong law because he complained that government authorities destroyed his crops through their negligence.
UA-110-2005: 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 prove it.
UA-021-2004: A child, Chan Thar Kyaw, was sentenced to jail under laws intended for adults.
The use of illegal gambling as a pretext for arrest and detention is also reportedly commonplace: see for instance the case of Ko Sein Win, UA-175-2004.
Also see the case of human rights defender Ma Su Su Nwe: http://campaigns.ahrchk.net/susunwe
For further commentary, see the AHRC Burma homepage: http://burma.ahrchk.net
______________________________
SUGGESTED ACTION:
Please write to the Attorney General to demand that the accused men obtain their legal rights. In particular, that the conviction of Ko Win Ko is reviewed, and that Phyoe Zaw Latt is entitled to a trial in an open court with a lawyer. In Burma, this is no guarantee of success; however, it will at least allow persons to document proceedings and advocate for the case outside of the court, at home and abroad.
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 that same other place names also are changed.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Illegal arrest, prosecution and imprisonment of two men in Bago Division
Details of victims:
1. Ko Win Ko, aged 38, resident of Yethabhyar village, Hteindaw village tract, Moenyo Township, Minhla District, Bago Division, an NLD member; imprisoned at Paungte Prison
2. Phyoe Zaw Latt (a.k.a. Ko Wa Toat), aged 23, resident of Yethabhyar village, Hteindaw village tract, Minhla District, Moenyo Township, Bago Division; detained awaiting trial in Tharawaddy Prison
Alleged perpetrators:
1. Personnel from Letpadan Township Police & Moenyo Township Police
2. U Than Myat Soe, Executive, Union Solidarity and Development Association (USDA), Letpadan Township
3. U Than Zaw Win, Member, USDA, Letpadan Township
4. Judge U Khin Maung, Letpadan Township Court
Date of arrest: 6 October 2006, 10am
Place of arrest: Letpadan Train Station
I am writing to express my grave concern about the violations in legal process in the arrest, prosecution and imprisonment of Ko Win Ko and Phyoe Zaw Latt, both of Yethabhyar village in Moenyo Township, Bago Division.
According to the information I have received, both men were stopped by members of the Letpadan Township Police and Union Solidarity and Development Association at Letpadan Train Station on 6 October 2006. While searching the two, the officials found over 400 signatures for a petition calling for the release of political prisoners. U Than Myat Soe, USDA Executive, and U Than Zaw Win, USDA Member, then produced stubs of illegal lottery tickets that they claimed to find in Ko Win Ko’s bag. The allegation that the stubs had been produced was published in the Mirror and Light of Myanmar newspapers on October 10.
The two men were taken back to the Letpadan Township Police Station, where Ko Win Ko was charged under Penal Code section 353(2) and the Gambling Act sections 15(a) and 16(a). Phyoe Zaw Latt was apparently not charged immediately, but kept in illegal detention.
On October 19 when senior lawyer U Khin Maung Yin came to the Letpadan Township Court to represent Ko Win Ko, he was told that he had already been heard, convicted and sentenced to three years’ imprisonment on October 18 (Criminal Case Nos. 652/06, 653/06). On October 25 the lawyer tried to gain access to his client at Paungte Prison but was reportedly told by prison director U Myint Aung to wait some more days.
On October 22 Phyoe Zaw Latt was reportedly released from police custody by the Letpadan Township Court on a six-month good behaviour bond on 22 October 2006 under section 5(1)(f)(g) of the 1961 Restriction and Bond Act. However, he was also reportedly rearrested by the Moenyo Township Police and charged under Penal Code sections 420, 465 and 468. He is now awaiting trial in Tharawaddy Prison.
The actions against these men are patently illegal under your own domestic law, to say nothing of international standards. Here are just a few of the evident illegalities and irregularities:
1. Police officers, not USDA officials, should have searched the men in the presence of two witnesses (Criminal Procedure Code section 103).
2. The defendants are entitled to lawyers and open trial (Judiciary Law 2000 section 2).
3. There were no grounds for applying a good behaviour bond to Phyoe Zaw Latt, who was neither a habitual offender nor someone evidently about to commit a felony (Restriction and Bond Act 1961 section 5).
Sufficient time to study all of the details of the case would no doubt reveal many other grave irregularities. However, these men do not have the luxury of time. While Ko Win Ko is languishing in jail, Phyoe Zaw Latt is reported to go before a special tribunal inside Tharawaddy Prison tomorrow. As his is an ordinary criminal case, I fail to understand the reason that such a tribunal would be convened, other than to thwart the dim prospects that he has right now for justice.
Accordingly, I urge you to do the following urgently:
1. Instruct the Letpadan Township Township Law Office to file for a review of the conviction of Ko Win Ko, and to review the placing of a good behaviour bond on Phyoe Zaw Latt, in accordance with section 9(l) of the Attorney General Law 2001.
2. Instruct the Moenyo Township Law Office to investigate the case of Phyoe Zaw Latt and ensure that he is prosecuted in an open court.
3. Ensure that both of the accused obtain access to a lawyer or lawyers and obtain a full legal defence in accordance with the law.
4. Urge the Ministry of Home Affairs to investigate the circumstances that led to the two men’s illegal arrest and detention.
In conclusion, I bring to your attention the comments of the UN Special Rapporteur on Myanmar, Professor Paulo Sergio Pinheiro, to the Human Rights Council on September 27, in which he said that
“The capacity of law enforcement institutions and the independence and impartiality of the judiciary have been hampered by sustained practices of impunity. I am also very concerned by the continued misuse of the legal system, which denies the rule of law and represents a major obstacle for securing the effective and meaningful exercise of fundamental freedoms by citizens. Grave human rights violations are indulged not only with impunity but authorized by the sanction of laws. In that respect, I consider especially as a matter of grave concern the criminalization of the exercise of fundamental freedoms by political opponents, human rights defenders and victims of human rights abuses.”
These views about your legal system are widely held abroad. The fact is that your courts and laws will continue to lack all credibility until you demonstrate a commitment to the basic principles of the rule of law, not merely the artifices of the law. I again urge you to do so in these two cases.
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
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
Saya San Road
Yankin Township
Yangon
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
4. 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
5. Professor Ibrahim Gambari
Undersecretary General for Political Affairs
United Nations
S-3770A
New York
NY 10017
USA
Tel: +1 212 963 5055/ 0739
Fax: +1 212 963 5065/ 6940 (ATTN: UNDER SECRETARY GENERAL POLITICAL AFFAIRS)
E-mail: gambari@un.org
6. 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
7. 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)
8. 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)
9. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040
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)
10. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
