Dear friends,
The Asian Human Rights Commission (AHRC) has learnt from the Burma Lawyers’ Council (Thailand) that one woman and one girl are currently in jail in Burma for having attempted to obtain justice after being raped by a local official. The two, Ma San San Aye, now aged around 16, and Ma Aye Mi San, were sentenced to four years in jail in October 2003 on charges of falsely accusing the local official of having raped them. The numerous irregularities reported in the case indicate that local police and judicial authorities have acted to protect the perpetrator and further abuse the rights of the two victims. Although the two appealed to higher authorities in the country, including a government body established to protect the rights of women, their calls are understood to have gone unheeded.
AHRC urges you to call for the release of Ma San San Aye and Ma Aye Mi San by writing letters to the senior legal officials in the country and bringing the case to the attention of the international community.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of victims: Ma San San Aye, and Ma Aye Mi San, both of Kantharyar Village, Dedalu Village Tract, Pyapon Township, Ayeyawaddy Division
Alleged perpetrator: U San Net Kyaw, Chairman, Peace and Development Council (PDC, the governing body), Dedalu Village Tract, Pyapon Township, Ayeyawaddy Division
Government officials complicit in protecting the alleged perpetrator:
1. U Sai Myint Aye, Deputy Superintendent, Kyonekadone Police Station
2. U Han Nyein, District Law Officer, Pyapon District
3. U Myint Swe, Magistrate, Pyapon Township Court
On 25 November 2002, U San Net Kyaw sent a written summons to U Tin Sein, a village headman. He instructed the headman to send Ma San San Aye, not more than 15 years old at the time; and Ma Aye Mi San (age unknown) to him at Kalahteik village, together with their employer, U Thaung Aye. U Win Myint, a ward headman, took the two together with U Thaung Aye at about 8pm. According to the two victims, U San Net Kyaw raped Ma San San Aye at around midnight on the same day and Ma Aye Mi San at 4am the following day.
On November 26, the two victims reported what had happened to them to village elders, and sought their cooperation to file a complaint against the alleged perpetrator. They then filed complaints at the Kyonekadone Police Station, and had medical examinations the same day. Witnesses’ statements were also recorded. Both U Win Myint and U Thaung Aye subsequently testified that they took the girls to U San Net Kyaw’s house. However, as the complaints were against the chairman of the local ruling council, the police were reluctant to record them and instead made only unofficial records. The victims then also reported the case directly to higher authorities in the Township and District PDCs.
On December 12, a Tribunal formed to hear the case examined witnesses, and on December 19 U San Net Kyaw was charged with rape. Although a charge was recorded, U San Net Kyaw was not arrested, and at no time was brought before any judicial or legal authority. After charging him, the police sought legal advice on the case from the Pyapon Township Law Office, which referred the matter to the Pyapon District Law Office. Having consulted with District and Divisional-level PDC officials, the District Law Office advised that there was insufficient evidence of rape, that the charges should be dropped and that appropriate action instead taken against the two complainants. As a result, Deputy Superintendent of Police U Sai Myint Aye charged Ma San San Aye and Ma Aye Mi San with bringing false accusations against a government officer.
On 6 March 2003, Ma San San Aye and Ma Aye Mi San wrote letters of appeal to senior government officials and the Myanma National Working Committee for Women’s Affairs (MNWCWA). A copy of the letter follows. It is understood that no enquiry or action has ever followed.
On 20 October 2003, Ma San San Aye and Ma Aye Mi San were found guilty of the charges of falsely accusing a government officer, and were sentenced to four years rigorous imprisonment. Their current whereabouts are not known to AHRC.
ADDITIONAL COMMENTS
Pyapon Township is on the coastline, and the villagers are mainly fisherfolk. U San Net Kyaw is reported to have raped other women and girls while the men are away at sea. He lives alone at his house, as his wife has died and his children have all left home. Previous rape victims were too fearful to lay charges against him because of the power and influence he has in the locality, as demonstrated in this case.
Because one of the two victims is reported to be a minor, the handling of the case also violates Burma’s Child Law, which was enacted in 1993 to bring it into compliance with the Convention on the Rights of the Child (CRC), which it acceded to in 1991. Under that law, there are provisions for trials involving children to be conducted in separate facilities to regular courts, and for sentencing only to juvenile detention camps, not to adult facilities. However, in this instance it appears that Ma San San Aye has been treated in the same manner as an adult in her trial and sentencing to four years imprisonment with hard labour.
In recent years, there have been credible reports of Burma army soldiers, often under the instruction of officers, systematically raping women belonging to minority groups located in remote parts of the country. This case illustrates that even in central areas not far from the capital, persons in positions of authority are capable of raping with impunity, and that victims are likely to be punished by the courts if they dare to challenge the legality of a state official’s actions, irrespective of circumstances.
LETTER OF APPEAL SENT BY MA SAN SAN AYE
To
1. Senior General Than Shwe, Chairman, State Peace and Development Council, Yangon
2. General Khin Nyunt, Secretary-1, State Peace and Development Council [now Prime Minister], Yangon
3. Colonel Tin Hlaing, Minister for Home Affairs, Ministry of Home Affairs, Yangon
4. Attorney General, Supreme Court, Pansodan Road, Yangon
5. Major General Htay Oo (Division Commander), Chairman, Division Crime Suppression Committee, Pathein, Ayeyawaddy Division
6. Divisional Legal Officer, Division Law Office, Pathein, Ayeyawaddy Division
7. The Secretary, Myanmar National Working Committee for Women’s Affairs, 64 Kabar Aye Pagoda Road, Mayangone Township, Yangon
Dated: 6 March 2003
Subject: Complaint against the decision to close the rape case against the Chairman of the Village PDC and request for review and reconsideration of the charges
1. We, Ma San San Aye and Ma Aye Mi San, were summoned in writing and under seal of the office of U San Net Kyaw, Chairman, Village Tract Peace and Development Council, Kalahteik Village, Dedalu Village Tract, Pyapon Township, Pyapon District, Ayeyawaddy Division, to be brought before him. Accordingly, Fishery Industry Employer U Thaung Aye, and U Win Myint, took us to him on three occasions. On the night of 25-11-2002 we met with the Chairman and were left in his custody.
2. Chairman U San Net Kyaw took us both to the upper floor of his residence and at around midnight, he raped me, Ma San San Aye, and at around 4am, Ma Aye Mi San.
3. On 26-12-2002 we reported this to the elders of the village and asked for their cooperation to make a complaint at Kyonekadone Police Station. Though we were medically examined at Kyonekadone Hospital and witness statements were recorded, there seemed to be attempts to disrupt the process, so we reported the matter to the Township PDC and District PDC. A Township PDC Tribunal was formed and on 12-12-2002 the case was heard, witnesses examined, and on 19-12-2002 a charge was framed under sections 376/511 [of the Penal Code] and the case was posted as Pa/586 at the police station. However, U San Net Kyaw, being the Chairman of the Village Tract PDC who has damaged the reputation of the authorities, was not placed under arrest and he is still at large.
4. Our information is that after 22-1-2003, under instructions of U Han Nyein, District Law Officer to Kyonekadone Police Station, the rape case was closed. When we made enquiries about the reason for the closure, U Han Nyein himself told us that he was acting under instructions from the Divisional Law Office.
5. Though the victims were able to report the offence with firm supporting evidence, the authorities are protecting the rapist Chairman of the Village Tract PDC, thereby insulting the national culture and illegally violating women’s rights.
6. We request that the case be reopened truthfully and that action be taken against those certain authorities who are defending the rapist Village Tract PDC Chairman U San Net Kyaw.
Respectfully
(signed)
Ma San San Aye
Age 15
Father: U Win Hlaing
ID No.: Not yet applied
Kantharyar Village, Dedalu Village Tract, Pyapon Township, Pyapon District, Ayeyawaddy Division
SUGGESTED ACTION:
Please write to the Attorney General in support of the victims’ appeals, to demand that Ma San San Aye and Ma Aye Mi San be released, that the case against U San Net Kyaw be reopened, and that action be taken against those officials involved in protecting the alleged perpetrator. A suggested letter follows. Please note that for the purposes of this 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 Attorney General
Re: Alleged rape of Ma San San Aye and Ma Aye Mi San by U San Net Kyaw, Chairman, Dedalu Village Tract Peace and Development Council, Pyapon Township, Ayeyawaddy Division (Case Pa/586, Kyonekadone Police Station; Case No. 306/2003, Pyapon Township Court)
I am deeply concerned by reports that the Pyapon Township Court has sentenced two rape victims to four years rigorous imprisonment after they accused a local government official of committing the offence.
According to the information I have received, U San Net Kyaw, Chairman of Dedalu Village Tract Peace and Development Council, Pyapon Township, Ayeyawaddy Division, is alleged to have raped Ma San San Aye and Ma Aye Mi San on the night of 25-26 November 2002. Ma San San Aye is understood to have been 15 years old at the time. Shortly after the event, the two victims made complaints to the Kyonekadone Police Station, were subjected to medical examination, and had witnesses testify to their allegations. However, upon receipt of the complaint, the officer on duty is reported to have made only an unofficial record, rather than registering the complaint in accordance with the law. And despite having sufficient evidence to lay charges and arrest the accused immediately, the police instead referred the matter to the Township PDC, which established a Tribunal to hear the facts.
On 19 December 2002 the Tribunal, having examined all of the evidence, saw fit to charge U San Net Kyaw with rape (Penal Code section 376/511). Despite this, Deputy Superintendent of Kyonekadone Police Station, U Sai Myint Aye, did not arrest the accused; instead, the police are reported to have sought advice from the Pyapon Township Law Office, which referred the matter to the District Law Office. This action by the police is problematic, as if the police had any doubts about the case they should have referred it to the Office of the Attorney General, not to the law courts directly. The regrettable result was that the charges were dropped on instruction from the Pyapon District Law Office, in a letter of 21 February 2003 (No. 14[Nga][3]1/152). The two victims were then charged with falsely accusing a government officer (Penal Code section 182/388) and sentenced to four years rigorous imprisonment by the Pyapon Township Court on 20 October 2003, despite a lack of evidence to allow for a conviction under the said sections.
Although the victims are understood to have approached you by way of a letter dated 6 March 2003, and urged to have the case reopened, I am led to understand that neither you nor any other responsible officials have taken action on this case. This is particularly disturbing, as it is apparent from the facts of the case that the alleged perpetrator has been protected without regard to the law, and the victims denied justice. In fact, they have been again victimised, by being charged and jailed for their attempt to have the alleged rapist tried in accordance with the law. It is also of particular concern that one of the victims is reported to be a minor, and therefore should have been treated in accordance with the provisions of the Child Law, in keeping with Myanmar’s obligations under the Convention on the Rights of the Child. However, according to the information I have received, she was tried and jailed as an adult.
I therefore urge you first to use your powers to call for a review of this case and see to it that the two victims are released from detention and their records cleared without delay. I urge you secondly to oversee the reopening of the case against U San Net Kyaw, and to personally ensure that he is investigated and tried properly and in accordance with the law. I urge you thirdly to see to it that action is taken against the judicial and police officers involved in protecting the alleged perpetrator in this instance. I also urge you to take steps to ensure that the Child Law is applied in every case involving a minor in Myanmar.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Dr. Tun Shin
Director General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 282 449 / 282 990
PLEASE SEND COPIES TO:
1. General Khin Nyunt
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Fax: + 95 1 652 624
2. Colonel Tin Hlaing
Chairman
Myanmar Human Rights Committee
c/o Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Fax: +95 1 549 663 / 549 208
3. Major General Sein Htwa
Chairman
Myanmar National Working Committee for Women’s Affairs
64 Kabar Aye Pagoda Road
Yangon
MYANMAR
Fax: +95 1 650 002
4. Mr. Paulo Sergio Pineheiro
Special Rapporteur on the situation of human rights in Myanmar
c/o Ms. Hulan Tsedev
Room 3-090
OCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Fax: + 41 22 9179 018
Email: htsedev.hchr@unog.ch
5. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
c/o Ms Sonia Cronin
Room 3-060
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Fax: +41 22 917 9006
Email: scronin@ohchr.org
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Christina Saunders
Room 3-042
OHCHR-UNOG, Palais Wilson,
8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Email: csaunders@ohchr.org
7. The Secretariat
c/o Mr Paulo David
Secretary
Child Rights Committee
Office of the High Commissioner for Human Rights
OHCHR-UNOG, Palais Wilson,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 9179022
Email: tb-petitions.hchr@unog.ch
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
