Dear friends,
Further to our previous recent updates on the situation in Burma, this is the first appeal by the Asian Human Rights Commission (AHRC) on specific cases of sentencing and imprisonment arising out of the protests of the last two months. Here we give the details of a man who has been sent to jail for two years because he yelled out praise of Buddhism; another has been given four years because he held a solo protest. Neither was given access to a lawyer before being convicted.
For all statements, press releases, updates and media, visit the Burma Protests 2007webpage of the AHRC.
“EXPEL SNR. GEN. THAN SHWE FROM THE BUDDHIST FAITH”–KO SOE WIN
Around 8am on 11 September 2007 Ko Soe Win, a young man in Taunggut, Arakan State, western Burma, held a solo protest outside the town market during which time he held a placard saying, “Free all 88 Generation Students” and “Expel Snr. Gen. Than Shwe [the head of state] from the Buddhist faith”.
His religious appeal was made after the violent attack on monks in Pakokku of September 5, which prompted the clergy to boycott the regime, leading to the mass uprising and subsequent crackdown (see further: UP-124-2007; AS-228-2007 and commentary at UPI Asia Online).
After a few minutes local police came to the scene and arrested him. He was charged with insulting religion and creating a public disturbance. He was not able to meet with a lawyer or family members. Yet on 11 October 2007 the court found him guilty and sentenced him to four years in jail.
According to a friend of the family who spoke to the Yoma 3 news service (Thailand), his family has been unable to see him since he was detained. They had been told that they would be able to meet him but when they went to the prison they were told that they had to get permission from the capital.
Ko Soe Win is the 13th member of the Human Rights Defenders and Promoters group known to have been jailed or disappeared since the protests began in August, and the 20th in the group jailed or missing since the middle of the year (see further: AHRC-OL-035-2007).
“LONG LIVE THERAVADA BUDDHISM”–KO KYAUK HKE
On 30 September 2007, artist Ko Kyauk Hke was watching satellite TV news at a viewing shop in Aunglan, Magwe Division, showing riot police attacking the monk-led mass protests of previous days in Rangoon. Unable to contain his emotion, Kyauk Hke suddenly leapt up and yelled, “Long live Theravada Buddhism!” (i.e. the type of Buddhism most commonly practiced in Southeast Asia and Sri Lanka). He was arrested shortly thereafter and charged with causing public alarm.
He was refused the right to a lawyer in court because local attorneys were warned by military officials not to represent him.
During the trial, which was promptly organised and completed, he was accused by the prosecution of also shouting, “Down with Than Shwe!” and other anti-government slogans, and of being involved in protests, which he denied. He was also found guilty on October 11 and sentenced to two years’ jail.
FURTHER COMMENTS
Both Soe Win and Kyauk Hke were convicted under section 505 of the Penal Code, which has been used in many cases against human rights defenders in Burma during recent times. See for instance the jailing of six farmers in the delta region (UP-105-2007) and that of two men because of a wedding video (UP-150-2007 & commentary at UPI Asia Online).
The AHRC is daily receiving details on conditions of detention and further information about the many persons killed, injured or missing since the protests of last month. We will issue a new general update on these in the next week.
Please also visit the news sites and other links on the AHRC Burma protests page (http://campaigns.ahrchk.net/burmaprotests/) for up-to-date accounts and discussion.
SUGGESTED ACTION:
Please refer back to a previous appeal for actions that you can take concerning the situation in Burma.
Please also send a letter to the concerned domestic and international agencies on the imprisonment of these two men. Please note that for the sake of this letter the country should be referred to by its official title of Myanmar rather than Burma, and Arakan as Rakhine.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: A man jailed for praising Buddhism, another for solo protest
CASE 1
Name of victim: Ko Soe Win, a.k.a. Lone Kyaing, son of U Ba Nyunt Oo, member of Human Rights Defenders and Promoters group
Case: Penal Code sections 295A and 505(b), Felony No. 313/2007, Taunggut Township Court, Rakhine State, brought by Police Superintendent Yein Kyi; investigating officer, Police Deputy Superintendent Thein Shwe Maung, Judge Daw Thein Han presiding, 11 October 2007
Sentence: Four years’ rigorous imprisonment
CASE 2
Name of victim: Ko Kyauk Hke a.k.a. Ko Aung Sann Oo, artist
Case: Penal Code section 505(b), Aunglan Township Court, Magwe Division, 11 October 2007
Sentence: Two years’ rigorous imprisonment
I share in the international outrage over the killings, abductions, disappearances and illegal detention and imprisonment of members of the Buddhist clergy and ordinary civilians in Myanmar due to protests there since August 2007, and call upon the national authorities to reveal the whereabouts of detained people; guarantee their safety; release all those not responsible for any offence and bring the others before courts and guarantee fair trials where charges are made.
Among the cases of which I have been informed, I wish to draw your attention to the imprisonment of two men in separate cases, both decided on 11 October 2007, on spurious allegations:
1. Around 8am on 11 September 2007 Ko Soe Win made a solo protest at the intersection of
U Ottama and Noekyarye Roads, near the Taunggut market, calling for the release of political prisoners and the removal of the head of state from the Buddhist faith over the violent attack by state officials on monks at Pakokku of the week before. He was arrested by Police Deputy Superintendent Maung Than and Constable U Hla Htun, who detained him at the ward Peace and Development Council office. He was charged under section 295A with “outraging the religious feelings” of the people, and under section 505(b) with “intent to cause… fear or alarm to the public”. He was denied a lawyer. He was convicted to two years’ imprisonment for each offence, to be served consecutively.
2. On 30 September 2007, Ko Kyauk Hke was watching satellite TV news at a public hall in Aunglan that was showing riot police attacking the monk-led mass protests of previous days. He suddenly leapt up and yelled, “Long live Theravada Buddhism!” He was arrested and also refused access to a lawyer. During the trial, he was accused of also shouting anti-government slogans, and of being involved in protests, which he denied. But he was found guilty.
According to the information I have received, Soe Win’s family has been unable to visit him at Thandwe Prison in Rakhine State, and that although on September 24 when they went they were told that they could see him the next day, they were subsequently told that they would have to get permission from the capital city.
Kyauk Hke was reportedly transferred to Thayet Prison, Magwe Division.
I note with special concern that Soe Win is reported to be the 20th member of the Human Rights Defenders and Promoters group to have been imprisoned or disappeared this year, including 13 since August.
I also note that section 505(b) is used by the authorities in Myanmar in order to imprison persons without regard to fundamental human rights, let alone due process or criminal procedure. In these cases as in others under this section of which I have been informed there is nothing to indicate intent to create “fear or alarm to the public… whereby any person may be induced to commit an offence against the State or against public tranquility”. I can only conclude that the use of the law in this manner is possible because the entire justice system there has been so utterly degraded as to be an injustice system.
I urge that these two cases be immediately reviewed and the sentences reversed due to the lack of legal representation, evidence, and other breaches of domestic criminal procedure, to say nothing of international standards.
I also take this opportunity to call for the prompt locating and securing of the physical integrity of all persons who have been taken into custody in Myanmar, and the granting of immediate access to all detainees by the ICRC, concerned United Nations agencies, lawyers and family members. I demand that they be treated in accordance with domestic law and be brought before courts within 24 hours or released. And I call for judicial inquests into the deaths of all persons fired upon or assaulted by security forces, followed by appropriate legal action where government officials are found to have acted with unnecessary force.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. Thein Sein
Acting 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
3. 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
4. U Aung Toe
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
5. U Aung Bwa
Director-General, ASEAN-Myanmar
Ministry of Foreign Affairs
Pyinmana
MYANMAR
Tel: +951 229 214; 221 191
Fax: +951 222 950; 221 719
6. 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
7. 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)
8. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
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
9. Ms. Hina Jilani
Special Representative of the Secretary General on human rights defenders
C/o Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
10. Chairperson
UN Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
11. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Tel: +662 288 1496
Fax: +662 288 3009
12. Mr. Ong Keng Yong
Secretary General
ASEAN Secretariat
70A, Jalan Sisingamangaraja
Jakarta 12110
INDONESIA
Tel: +62 21 7262991/ 7243372
Fax: +62 21 7398234/ 7243504
Email: public@aseansec.org; termsak@aseansec.org; amelia.b@aseansec.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
