]]>
MMR
001 / 0613 / OBS 055
Imminent
risk of arbitrary arrest /
Judicial
harassment
Burma
June 24, 2013
The
Observatory for the Protection of Human Rights Defenders, a joint programme of
the International Federation for Human Rights (FIDH) and the World Organisation
Against Torture (OMCT), requests your urgent intervention in the following
situation in Burma.
Brief
description of the situation:
The
Observatory has been informed by reliable sources about the
issue of arrest warrants against Messrs. Moe Thway, a member of
Generation Wave Youth Force, a network of human rights defenders that campaigns
for civil and political rights, including the signature of the International
Covenant on Civil and Political Rights by Burma, and that campaigns against the
Letpadaung copper mine project, and have brought the campaign to national
attention, as well as Wai Lu and Wai Hmuu Thwin, members of
Yangon People Service Network, which campaigns for the respect of rule of law
and democracy in Burma and has been involved in the campaign against the
Letpadaung project.
According to the information received, on June 13, 2013, the Monywa
Court issued arrest warrants against Messrs. Moe Thway, Wai Lu and Wai Hmuu
Thwin under Section 505 (b) of the Penal Code on "offences against the State or
against public tranquillity". These arrest warrants are reportedly linked to
statements the three human rights defenders had made about the Letpadaung
copper mine project, a joint venture between the Burmese military's Union of
Myanmar Economic Holdings Limited (UMEHL) and Wan Bao Company.
On June 15, 2013, Mr. Moe Thway received a phone call from Lieutenant
Khin Zaw Latt, Deputy Township Police Commander from the Monywa Police Station
1, who had requested the court to issue the arrest warrants and who summoned
the three human rights defenders to appear at Monywa Police Station 1. In the
morning of June 23, Lieutenant Khin Zaw Latt travelled to Rangoon and went to
Mr. Wai Lu's house with Rangoon police and Special Branch officers. Mr. Wai Lu
was not present. Special Branch officers remain posted at his house since then.
The Letpadaung copper mining project has displaced farming families in
26 villages from their land, with more than 7,000 acres confiscated in 2010. In
2012, peaceful protests began against the project and were heavily repressed by
the autorities. In November 2012, the police used smoke
bombs to disperse the crowd, injuring dozens of demonstrators, including monks,
and triggering a national outcry. Activists have been facing harassment since
protest began. On April 25, 2013, villagers in the Letpadaung area tried to
plough their fields but were prohibited by police from entering pursuant to an
order issued under Section 144 of the Criminal Procedure Code[1].
It is reported that the police opened fire on the crowd and Ko Soe Thu and U Maung San, two villagers, were arrested along with U Aung Soe,
a member of Yangon People's Support Network. On June 1, 2013, the District
Court of Shwebo sentenced U Aung Soe to 18 months in prison, Ko Soe Thu and U
Maung San to six months imprisonment in total disregard of their right to due
process of law, after having been detained incommunicado during 30 days[2].
Warrants were also issued for the
arrests of eight other human rights defenders and villagers on charges of
inciting protests, including six members of the Yangon People's
Support Network: Ko Aung Soe, Ba Htoo, Thar Kyi, Ko
Latt, Thaw Zin and Ko Thu. The other two persons are Han
Win Aung, a member of the Political Prisoners Families' Beneficial Network,
and Thaung Taik Oo, a member the Yangon Institute of Technology Students
Union. On May
8, 2013, because villagers had become afraid of police raids, the three human
rights defenders, along with Mr. Aung Thu, a member of the 1988 Student
Generation, went to Monywa to calm tensions. They informed police of their
intentions in this regard. While they were there, some local reporters
interviewed Messrs. Moe Thway, Wai Lu and Wai Hmuu Thwin. During the interview,
observed by police from the Special Branch, the human rights defenders gave
their opinions on the use of Section 144 to keep the villagers from ploughing
their fields, opinions which were perceived as damaging the police and
government's credibility.
The
Observatory condemns the arrest warrants and judicial harassment against the
three above-mentioned human rights defenders, which seems to merely aim at
sanctioning their peaceful human rights activities.
Actions
requested:
Please
write to the authorities of Burma, urging them to:
i.
Guarantee in all
circumstances the physical and psychological integrity of Messrs Moe Thway, Wai
Lu, Wai Hmuu Thwin, U Aung Soe, Ko Soe Thu and U Maung San, Ko Aung Soe, Ba
Htoo, Thar Kyi, Ko Latt, Thaw Zin, Ko Thu, Han Win Aung and Thaung Taik Oo, as well as of all human rights defenders in
Burma;
ii.
Release Messrs. U Aung
Soe, Ko Soe Thu and U Maung San immediately and unconditionally since their detention
is arbitrary as it seems to only aim at sanctioning their human rights
activities;
iii.
Put an end to acts of
any acts of harassment, including judicial harassment, against them as well as
against all human rights defenders in Burma;
iv.
Publicly express concern
about the repression of human rights activists and of those protesting against
the mining project;
v.
Comply with all the
provisions of the United Nations Declaration on Human Rights Defenders, in
particular with its:
-
Article 1, which
provides that "everyone has the right, individually and in association with
others, to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and international levels";
-
Article 6(a), which
foresees that "everyone has the right, individually and in association with
others, to participate in peaceful activities against violations of human
rights and fundamental freedoms";
-
Article 12.2, which
provides that "the State shall take all necessary measures to ensure the
protection by the competent authorities of everyone, individually and in
association with others, against any violence, threats, retaliation, de
facto or de jure adverse discrimination, pressure or any other
arbitrary action as a consequence of his or her legitimate exercise of the
rights referred to in the present Declaration";
vi.
More generally, ensure
in all circumstances the respect for human rights and fundamental freedoms in
accordance with in accordance with the Universal Declaration of Human Rights and
with international and regional human rights instruments ratified by Burma,
including by undertaking human rights impact assessment of the Letpadaung
mining project with a view to identifying, preventing and mitigating any
adverse human rights impacts linked to the project and engaging into meaningful
consultations of local communities affected by the project.
Addresses:
·
U Thein Sein, President
of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR; Fax: + 95 1 652
624
·
U Hla Min, Minister for
Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Tel:
+95 67 412 079/ 549 393/ 549 663; Fax: +95 67 412 439
·
U Win Mra, Chairman of
the Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township,
Yangon, Republic of the Union of Myanmar; Fax: +95-1-659668
·
Dr. Tun Shin, 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
·
U Tun Tun Oo, 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
·
U Kyaw Kyaw Htun,
Director General, Myanmar Police Force, Ministry of Home Affairs, Office No.
10, Naypyitaw, MYANMAR; Tel: +95 67 412 079/ 549 393/ 549 663; Fax: +951 549
663 / 549 208
·
H.E. Mr. Maung Wai,
Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the
United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland. Fax: +41
22 732 89 19, +41 22 732 73 77, Email: mission@myanmargeneva.org
·
Embassy of Myanmar in
Brussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax: +32 (0)32 2
705 50 48, Email: mebrussels@skynet.be
Please
also write to the diplomatic representations of Burma in your respective
countries.
***
Paris-Geneva,
June 24, 2013
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
The Observatory, a FIDH and
OMCT venture, is dedicated to the protection of Human Rights Defenders and aims
to offer them concrete support in their time of need.
To contact the Observatory, call the emergency line:
·
E-mail: Appeals@fidh-omct.org
·
Tel and fax FIDH + 33 1
43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
[1] Section
144 grants the Judiciary the power to issue orders: "Such Magistrate may, by
a written order stating the material facts of the case and served in manner
provided by section 124, direct any person to abstain from a certain act or to
take certain order with certain property in his possession or under his
management, if such Magistrate considers that such direction is likely to
prevent, or tends to prevent, obstruction, annoyance or injury, or risk of
obstruction, annoyance or injury, to any person lawfully employed, or
danger to human life, health or safety. or a disturbance of the public tranquillity,
or a riot, or an affray". In this case the orders issued under Section 144,
which were actually not enacted by the judiciary, prohibit villagers from
access to their farmlands or any form of use of the farmlands.
[2] They were
arrested without warrant. Sagaing Region authorities kept the whereabouts of
the protesters secret for over 30 days. Only after a closed-door court
proceeding, during which they were deprived of access to their lawyers, which
resulted in a guilty verdict, the whereabouts of the three protesters were
revealed. All of them are also facing additional charges.
Source: http://www.news.myanmaronlinecentre.com/2013/06/24/myanmar-ex-burma-arrest-warrants-issued-against-messrs-moe-thway-wai/
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