As we reported previously, on October 6, Ko Win Ko and Phyoe Zaw Latt were arrested at Letpadan train station as they 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 (UP-208-2006). Ko Win Ko was charged with possession of illegal lottery tickets and on October 18 he was sentenced to three years in jail. The date of his trial was changed so that he could not have a lawyer present. Phyoe Zaw Latt was kept in illegal detention at Letpadan without charge before being released on a good behaviour bond–an inapplicable legal measure on this case. He was rearrested before arriving home. His mother died of grief shortly thereafter.
On November 9 both Phyoe Zaw Latt and Ko Win Ko were tried in Tharawaddy Township Court for deceit and forgery. Neither was represented by a lawyer and nor were families or friends informed of the hearing. Both were summarily sentenced to 14 years in prison.
After the sentencing, the two men were repeatedly moved. They had already been kept in Paungte Prison and were then being held at the Tharawaddy Prison. Subsequently, when the family members and lawyers went to the latter prison they were unable to obtain access to the two. It was later found out that they had again been transferred after the sentencing, on November 12 spending one night at Pyi Prison before again being moved, this time to Taungoo Prison, which is far from the residences of their families and friends. It is highly unusual for prisoners to be moved around with such frequency and the persons involved in the case have speculated that it was a method to prevent family and lawyers gaining access to the two men.
Finally, on November 29 family members of Phyoe Zaw Latt were able to meet him and give him food inside the prison, for the first time since the mens arrest. The family of Ko Win Ko were refused entry on a technicality, while neither of the two has yet been able to meet with a lawyer.?
Please see the original appeal for comments on the illegality of the case, under both domestic and international law, and also for additional comments on the “un-rule of law” in Burma: UA-358-2006.
Please write to the Attorney General to demand that the conviction of the two accused men be reviewed, and especially that they be given access to lawyers.
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 some other place names also are changed.
SAMPLE LETTER
Dear ___________,
MYANMAR: Illegal arrest, prosecution and imprisonment of two men in Bago Division
Details of victims:
1. Ko Win Ko, 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), 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
5. Presiding judge at Tharawaddy 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. Subsequently Ko Win Ko was charged under the same sections.
On November 9 both Phyoe Zaw Latt and Ko Win Ko were tried in Tharawaddy Township Court on the above charges. Neither was represented by a lawyer, to which they are legally entitled. Nor were families or friends informed of the hearing. Both were sentenced to 14 years in prison in what was patently an unfair trial.?
I am also concerned that before and after sentencing the two men have been repeatedly moved. They had already been kept in Paungte Prison and were then being held at the Tharawaddy Prison at time of the trial. Subsequently, when the family members and lawyers went to the latter prison they were reportedly unable to obtain access to the two. It was later found that they had again been transferred after the sentencing, on November 12 spending one night at Pyay Prison before again being moved, this time to Taungoo Prison, which is far from the residences of their families and friends. I see no other reason for the constant transferring of the two men than an attempt by the authorities concerned to deny their families and lawyers the right to meet with them. It was only on November 29 that family members of Phyoe Zaw Latt were able to meet him and give him food inside the prison, for the first time since the mens arrest. The family of Ko Win Ko was again apparently refused entry, while neither of the two has yet been able to meet with a lawyer.?
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).
Accordingly, I urge you to do the following urgently:
1. Instruct the relevant township law offices to file for a review of the convictions, in accordance with section 9(l) of the Attorney General Law 2001.
2. Ensure that both of the accused obtain access to a lawyer or lawyers and obtain a full legal defence in accordance with the law.
3. Urge the Ministry of Home Affairs to investigate the circumstances that led to the two men’s illegal arrest and detention.
I note with special concern the recent internationally-broadcast news that the Government of Myanmar has further restricted the activities of the International Committee of the Red Cross in Myanmar. This news bodes very ill for your country, and above all, for all of the persons in prisons in Myanmar who are currently denied the opportunity to meet with this very important international body. I trust that the Government of Myanmar will also take the time to review this decision, realise the extent of the negative repercussions that it will have for your country, and retract it immediately.
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
E-mail: wynnm@mpf.gov.mm or mone@mpf.gov.mm
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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ahrchk@ahrchk.org)
