Dear friends,
The Asian Human Rights Commission (AHRC) writes to update you about the ongoing detention of the five former student leaders who were arrested between September 27 and 30 who remain under detention in an unknown location (UA-333-2006).
The AHRC has received information that on November 6 the Bahan Township Magistrate’s Court remanded the five persons–Min Ko Naing, Ko Ko Gyi, Htay Kywe, Min Zeya and Pyone Cho–in their absence, on the 1950 Emergency Provision Act under section (5)(j). On November 2 the police chief accused them of accepting money from the British and American embassies for the purpose of planning a bomb attack. However, there have been no proper legal proceedings following this allegation.
Additionally, there were procedural problems with the arrests and detentions. Under domestic law, persons may only be taken before a judge in the jurisdiction where they are arrested or have committed a criminal act. But at least one of the detainees, Min Ko Naing, was arrested at Thingankyun, some distance from Bahan. It is not known if the five persons are alleged to have committed any criminal acts in Bahan, as the authorities have not made public any details of the charges. There is nothing in section 5 of the Emergency Provisions Act which suggests that this procedure may be bypassed, and this is yet another example of the authorities in Burma not following their own laws.
BACKGROUND INFORMATION:
To briefly recall the case 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, 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 three colleagues. The arrests coincided with the 18th anniversary of the pro-democracy party, the National League for Democracy.
The AHRC has strongly deplored the arrests as speaking to the “un-rule of law” in Burma, on which it has reported for some years. These persons have been held incommunicado and at an unknown location for over one month without being brought before a magistrate, and in violation of domestic provisions.
See also UA-358-2006 for the fate of two other persons who were part of a signature campaign on behalf of the arrested persons.
SUGGESTED ACTION:
Please write to the relevant authorities listed below calling for the immediate release of the five. 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.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
MYANMAR: Five former student leaders remain under arrest and denied their rights
I am writing to express my deep concern over the continued detention of five pro-democracy activists, namely Min Ko Naing, Ko Ko Gyi, Htay Kywe, Min Zeya and Pyone Cho who were arrested in Myanmar on 27 and 30 September 2006. These five persons were remanded by the Bahan Township Court under the Emergency Provisions Act, Section 5(j) without even being brought in person before a court.
Furthermore, I am informed that under domestic law, persons may only be taken before a judge presiding over the area in which they were arrested or where they committed a criminal act. However, at least one of the detainees, Min Ko Naing, was arrested at Thingankyun. From my understanding of the Emergency Provisions Act, there is nothing to allow for such a breach of criminal procedure and I can only assume that this is yet another example of the “un-rule of law” in Myanmar.
All five of these persons are clearly being held in violation of their fundamental rights. I urge you to release them immediately.
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 this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
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
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. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Saya San Road
Yankin Township
Yangon
MYANMAR
Tel: + 95 1 549 196/ 228/ 209
3. U Aung Toe
Chief Justice
Office of the Supreme Court
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Tel: +951 372 249 / 253 066
4. 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
5. 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
6. 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
7. 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
8. 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)
9. 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)
10. 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)
11. 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)
