[RE: UA-81-2005: BURMA: Brothers jailed and beaten for complaining about police assault over tattoo; UP-65-2005: BURMA: Successful conviction of police officer but one victim remains in jail]
Dear friends,
The Asian Human Rights Commission (AHRC) has received more information from the Yoma-3 news service, Thailand about two young men who were jailed in Burma after complaining about a police assault (UA-81-2005). Although as was reported previously one police officer was sentenced to one month’s rigorous imprisonment for the assault (UP-65-2005), according to local residents he has already been released through a higher court order and is still serving as a police officer, and moving about freely. Meanwhile, one of the two men is still in prison and it is reported that his health has worsened.
Please write to the attorney general of Burma to demand that the matter is investigated fully and the police officer is properly punished. Please also call for the release of the one imprisoned victim, and appropriate medical treatment.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
As reported previously, 27-year-old Ko Zaw Win complained to the authorities in Burma that he and 35-year-old Ko Min Zaw Oo were assaulted by Police Sergeant Myint Oo and Fireman Nyo Win in a Rangoon restaurant on April 29 and illegally detained for eight days. On May 27, Judge U Hla Oo of Hlaingthayar Township Court found Pol. Sgt. Myint Oo guilty of assault and sentenced him to one-month’s rigorous imprisonment.
Unfortunately, on June 8 the West Hlaingthayar District Court granted an appeal against the decision and released Pol. Sgt. Myint Oo with only a fine of 200 kyat (US $ 0.20). Since that time the police officer is reported to have resumed his duties at the police station and has been travelling about the township freely on bicycle.
Meanwhile, Ko Min Zaw Oo is being held in Building No. 5 of Insein Jail on the grounds that he violated a movement-restriction order. Ko Zaw Win has said that Ko Min Zaw Oo has been sick with fever and suffering from an assault that is alleged to have occurred after imprisonment. His family has been unable to visit him regularly due to financial hardship.
SUGGESTED ACTION:
Please write to the attorney general to urge that the police officer earlier found guilty of assault not be permitted to escape punishment and that an investigation be launched into the case. Please also call for the release from detention of Ko Min Zaw Oo, as well as for an investigation into allegations that he was beaten in prison. A suggested letter follows. Please note that for the purposes of this letter, the country should be referred to as Myanmar, rather than Burma, and the capital Yangon rather than Rangoon.
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SAMPLE LETTER
Dear Dr Tun Shin
Re: Case of Pol. Sgt. Myint Oo in West Hlaingthayar District Court, Yangon, and continued detention of Hlaingthayar resident Ko Min Zaw Oo
I have been informed that on May 27 the Hlaingthayar Township Court (Judge U Hla Oo presiding) found Police Sergeant Myint Oo guilty under Penal Code sections 323/324 of having assaulted two local residents, Ko Zaw Win (27) and Ko Min Zaw Oo (35) on April 29. However, subsequently the West Hlaingthayar District Court released the accused officer on June 8 with only a 200 kyat fine. He is since reported to have returned to his work as a police officer at Hlaingthayar Police Station.
It is most regrettable that a police officer in Myanmar can publicly assault citizens and escape proper punishment. While respecting the jurisdiction and integrity of the courts, I urge you to take steps to see the case properly and fully investigated and if sufficient grounds exist to find that the said officer did indeed assault the two men, he is punished accordingly. In particular, it is incumbent upon the state agencies in Myanmar, not the victims of the alleged assault, to take the necessary steps to ensure that this be brought about, as it is a matter specifically concerning the actions of a state officer. While investigations are pending, I urge you to suspend him from his service in the police force.
I have also received information to the effect that one of the two assault victims, Ko Min Zaw Oo, is being held in Building No. 5 of Insein Jail on the ground of having violated a section 41 order restricting his movement. I also urge you to take steps to ensure that the detention of Ko Min Zaw Oo is reviewed in order that he may be released without delay. I also urge you to initiate an investigation into allegations that he was beaten while in prison, and ensure that he is treated for health problems experienced while there.
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 1 371 028 / 282 990 / 282 449
PLEASE SEND COPIES TO:
1. Lt General 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
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. 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.: +95 1 662 613 / 664 524
Fax: (+951) 650 117
4. Mr. Paulo Sergio Pineheiro
Special Rapporteur on Myanmar
Attn: Ms. Hulan Tsedev
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018
E-mail: htsedev.hchr@unog.ch
5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
