Dear friends,
The Asian Human Rights Commission (AHRC) has received important news about the group of Burmese human rights defenders who were attacked on 18 April 2007 with the backing and involvement of local authorities and the police (UA-135-2007). Members of the group have been charged with causing a public disturbance and must appear in court today, May 2. They have also been targetted in the state-run media. Meanwhile, one member of the group is today also lodging a criminal complaint against the alleged perpetrators. Your strong support is needed for these persons struggling for defence of human rights in extremely difficult conditions.
As the AHRC described in its last report, four members of the Human Rights Defenders and Promoters (HRDP) group were attacked after midday on April 18 in Oatpone village, west of Rangoon, by a government-organised gang. Two of them, Ko Maung Maung Lay and Ko Myint Naing, were severely assaulted and hospitalised (photographs are contained in the original appeal).
On April 20, the HRDP organiser, U Myint Aye, made a written complaint to the local police chief, in which he accused the local secretary of the government mass-mobilisation body, the Union Solidarity and Development Association (USDA) of having coordinated the attack. In the complaint he quotes the head, U Nyunt Oo, as having shouted to the group he had assembled to “Strike, hit, kill them!” He said that in addition to the injuries to the two men who could not escape, the gang stole their possessions, including a digital camera, voice recorder, watch and cash.
On April 23, the state-run newspapers ran articles against the group in which they accused it of going to stir up trouble and that villagers had insisted that “there were no incidents of human rights abuse” in their area. It said that when the group had gone to Oatpone and the villagers had tried to have them leave a confrontation had followed but that it was resolved by the authorities and local abbot.
After the news reports, on April 24 the authorities sent notices to six of the human rights defenders and local villagers that they would be charged with intent to cause a public disturbance. The complaint against them has been lodged by the local village council chairman. The six men have been ordered to appear at the court today, May 2; if found guilty they may be sentenced to jail for up to two years.
Also today, May 2, Ko Myint Naing, one of the two men severely assaulted, is lodging a criminal complaint in the Henzada court. In the complaint, in addition to the earlier allegations, he describes how many local council members were among the attackers. He also describes how as he tried to flee the assault he ran towards the local police chief and his head of security, standing and watching at one side. At that time, the latter man himself pulled a slingshot out of his bag and fired a steel pellet into Myint Naing’s stomach. He was then again surrounded and had his possessions looted. By this time villagers had assembled to see what was happening, but the perpetrators blocked them from offering assistance. It was not until the abbot of the neighbouring Buddhist monastery came in a pickup truck that the perpetrators dispersed and allowed the monk to ferry them to safety.
In a related development, in the early hours of yesterday, May 1, two other members of the human rights defenders network, Ko Aye Lwin from Oatpone village and Ko Aung Kyaw Soe of Tharpaung Township, Irrawaddy Division were reportedly arrested where they were staying on 19th Street, Lathar Township, for not being recorded on the overnight guest list — a requirement of law in Burma that is not ordinarily closely monitored and enforced. The AHRC will provide further information concerning that incident as it comes to hand.
ADDITIONAL INFORMATION:
The incident comes at a time of growing unrest in Burma, where in recent weeks there have been a number of protests against rising prices of food and other basic goods, water shortages and electricity outages. In March the AHRC reported on the charge against a Rangoon resident who satirised media reports of improved living conditions in the country (UA-078-2007). The charge against was the same as that lodged against the group of rights defenders in this case; he was released from the charge after the apparent intervention of the local authorities (UP-052-2007; see also “Politics & the price of eggs” at UPI Asia Online).
It has also come amid a growing number of alleged assaults on ordinary persons by the police and other government and quasi-government officials. The AHRC has so far issued appeals on only a few of the many detailed reports of such incidents it has received. See for instance the beating to death of Ko Naing Oo by council officials (UA-096-2007), and torture to death of Maung Chan Kun by police (UA-023-2007).
This most recent attack on human rights defenders in Burma has received a large amount of attention internationally, including from two UN human rights experts. The Special Rapporteur on Myanmar and the Special Representative on human rights defenders made a joint statement in which they said of the incident that “the level of violence and the absence of intervention by the local police to protect the victims… remind us of the circumstances surrounding the tragic incident of Depayin in 2003” (see the Asian Legal Resource Centre report on that incident: http://www.article2.org/pdf/v02n06.pdf. See also: http://www.ibiblio.org/obl/docs/Depayin_Massacre.pdf).
For further background information see the 2006 AHRC Human Rights Report chapter on Burma, and visit the AHRC Burma homepage: http://burma.ahrchk.net.
______________________________
SUGGESTED ACTION:
Please write to the attorney general and other concerned persons below calling for the prosecution of the alleged perpetrators of the attack, not the victims. 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 as Yangon.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Government-organised gang attacks human rights defenders in Henzada Township
Names of victims:
1. Ko Myint Naing (a.k.a. Ko Myint Hlaing), member, Human Rights Defenders & Promoters (HRDP), resident of Henzada Township, Ayeyarwaddy Division (injured party; complainant and respondent in criminal cases)
2. Ko Maung Maung Lay, member, HRDP (injured party)
3. Ko Thaung Sein, member, HRDP (respondent to criminal case)
4. Ko Kyaw Lwin, resident of Taluttaw, Henzada Township (respondent to criminal case)
5. Ko Mya Sein (respondent to criminal case)
6. Ko Win, resident of Oatpone, Henzada Township (respondent to criminal case)
7. U Lu Shein, resident of Oatpone (respondent to criminal case)
Alleged perpetrators:
1. U Nyunt Oo, Secretary, Township Union Solidarity and Development Association (USDA), Henzada Township
2. Superintendent Htun Htun Win, Acting Station Commander, Myanmar Police Force, Taluttaw village, Henzada Township
3. Deputy Superintendent Than Taik, Security Chief, Myanmar Police Force, Taluttaw village, Henzada Township
4. Ko Aung Than, Chairman, Kanyinngu Village Tract Peace & Development Council (PDC), Oatpone village, Henzada Township (complainant in criminal case against victims)
5. Ko Soe Win, Ten-household Head, Kanyinngu Village Tract PDC
6. Ko Win Hlaing, Ten-household Head, Kanyinngu Village Tract PDC
7. Ko Sapu, Ten-household Head, Kanyinngu Village Tract PDC
8. Ko Htay Win, Executive, Village USDA, Kanyinngu village, Kanyinngu Village Tract
9. Ko Than Aung, Resident, Oatpone village, Kanyinngu Village Tract
10. Than Kyaw Oo, Resident, Oatpone village, Kanyinngu Village Tract
11. Ko Than Oo, Resident, Oatpone village, Kanyinngu Village Tract
12. Ko Kyaw Kyaw, Resident, Oatpone village, Kanyinngu Village Tract
Date of incident: 18 April 2007
Place of incident: Oatpone-Taluttaw road, near Oatpone village, Henzada Township, Ayeyarwaddy Division
I am writing to express my serious concern at moves to prosecute a group of human rights defenders and villagers after the brutal attack on Ko Myint Naing and others in Henzada Township, Myanmar on 18 April 2007, and to call for the prosecution of the alleged attackers. I trust you are familiar with the case already, as it has been widely publicised, including in international and domestic media, and has been condemned by the UN Special Rapporteur on the situation of human rights in Myanmar and the UN Special Representative on the situation of human rights defenders.
According to the latest detailed information I have received, U Nyunt Oo, the secretary of the Union Solidarity and Development Association (USDA) in Henzada coordinated the attack against Ko Myint Naing and Ko Maung Maung Lay, shouting to the members of the gang he had assembled to “Strike, hit, kill them!” Ko Aung Than, the chairman of Kanyinngu Village Tract Peace & Development Council (PDC), Ko Soe Win and Ko Win Hlaing, ten-household heads of Kanyinngu Village Tract PDC and Ko Htay Win, a USDA executive of Kanyinngu village, all reportedly participated in the physical assault. Police Superintendent Htun Htun Win and Deputy Superintendent Than Taik observed the attack, and Ko Myint Naing has alleged that as he approached them for protection the latter fired a metal pellet from a slingshot into his belly.
After the attack, the perpetrators reportedly blocked villagers from giving assistance to the wounded men, while going through their possessions and allegedly robbing the following items: a digital camera (value 200,000 Kyat); a voice recorder (value 50,000 Kyat); a watch (value 15,000 Kyat) and 70,000 Kyat in cash (total value around USD 280).
I am aware that the council chairman, Ko Aung Than, has made a criminal complaint against Ko Myint Naing, Ko Thaung Sein, Ko Kyaw Lwin, Ko Mya Sein, Ko Win and U Lu Shein under sections 505(b) of the Penal Code, that the accused made statements “with intent to cause… fear or alarm to the public” and that notice was served upon them on April 24 to appear at Henzada Township Court on May 2. I am extremely concerned that this case will be yet another example of victims being made into defendants in Myanmar and urge that all necessary steps be taken to ensure that the concerned law officers to scrutinise the facts of the case with the utmost care before proceeding with any prosecution of these six persons.
I am also aware that Ko Myint Naing has lodged a criminal complaint in the same court against the twelve persons listed above, under Penal Code sections 325, 326, 337, 350, 392 and 114, for causing grievous bodily harm with dangerous weapons and endangering life, criminal force, robbery, and aiding and abetting. I strongly urge, by the same token, that this complaint be fully investigated and examined with a view to holding the alleged perpetrators to account for their actions.
This incident has attracted a very large amount of attention internationally and it need not be said that if the wrong persons are wantonly pursued then it will only cause further damage to Myanmar’s already very low standing in the world community. I urge you to ensure that this is not the case and that the whole incident be correctly and quickly investigated and prosecuted in accordance both with domestic law and international standards.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
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. Soe Win
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
E-mail: ddg.gad@gad.gov.mm
3. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Naypyitaw
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
4. Mr. Shariq Bin Raza
Representative
UN Office on Drugs and Crime
11A Malikha Road
Ward 7, Mayangone Township
Yangon
MYANMAR
Tel: +951 666 903/ 660 556/ 660 538/ 660 398/ 664 539
Fax: +951 651 334
E-mail: fo.myanmar@unodc.org, shariq.raza@unodc.org, camila.vega@unodc.org
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)
E-mail: lmeillan@ohchr.org
6. 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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ahrchk@ahrchk.org)
