BURMA: Transfers to remote jails are “death sentences”: AHRC
(Hong Kong, November 19, 2008) The Asian Human Rights Commission (AHRC) on Wednesday condemned the sending of wrongly convicted detainees from the September 2007 protests to jails in all corners of Burma, describing the transfers as death sentences.
According to reports coming from numerous sources, persons convicted in courts in the former capital Rangoon have been sent to prisons in all states and territories around the country that are remote from their families and friends.
“There is no legal or administrative explanation for these prison transfers, Basil Fernando, executive director of the Hong Kong-based regional rights group, said.
“Clearly, the purpose is purely vindictive and speaks to the utterly callous and unscrupulous nature of the authorities in Burma, he added.
“In fact, these are de facto death sentences for some detainees, because they will not survive the long sentences and harsh conditions in remote prisons where their families and friends will be grossly inconvenienced if trying to visit, Fernando noted.
Many of the detainees, such as labour activist Ma Su Su Nwe, suffer from medical conditions that have been brought on by previous stays in prison or for other reasons relating to the poor medical and sanitary conditions in Burma.
“These people will not get adequate treatment for their ailments in these jails, which former prisoners have better described as hell holes, and without regular contact with relatives and other people from the outside some are sure to die serving sentences that run into decades, Fernando observed.
Among those given 65 years under a new electronic transactions law who have been transferred are Min Ko Naing and Ko Ko Gyi were sent to Kengtung Prison in the northeastern Shan State, Mya Aye to Loikaw Prison in neighbouring Karenni State, Pyone Choe (a.k.a.) Htay Win Aung to Kawthaung Prison at the southernmost tip of the country, Htay Kywe to Buthitaung Prison, the western Arakan State, Hla Myo Naung to Myitkyina Prison and Aung Thu to Putao Prison, both in the northern Kachin State.
Similarly, labour activist Ma Su Su Nwe, who was sentenced to 12-and-a-half-years, was sent to Oboe Prison in Mandalay Division, along with Saw Wai, who was sentenced to two years for a hidden message in a published poem. Su Su Nwe has a heart condition, and she was in 2006 given early release from prison for this reason.
Win Maw, convicted for six years for allegedly sending false news abroad was sent to Thayarwaddy Prison in Pegu Division. A group of monks from the Ngwekyaryan Monastery sentenced to six-and-a-half years each were sent to Monywa Prison in Mandalay Division.
Blogger Nay Phone Latt, who was given 20-and-a-half years, was sent to Pa-an Prison in the eastern Karen State.
And U Aung Thein and U Khin Maung Shein, lawyers for some defendants sentenced for contempt of court after submitting a letter that their clients had no faith in the judicial process were sent to Bassein Prison and Myaungmya Prison in Irrawaddy Division respectively.
“The AHRC has closely monitored literally hundreds of the cases from last September and can say unequivocally that in not a single case has the due process of law been followed, Fernando commented.
“Not only are these people being held illegally, by the standards of both domestic and international law, but to add insult to injury they are being flung to the far corners of the country to serve out their sentences, he said.
“All we can say is that their lives are now entirely in the hands of their jailors. In the event that any of these people die the responsibility will fall completely on them, Fernando concluded.
The International Committee of the Red Cross from 1999 had access to Burmas prison facilities but in 2005 it ceased visits after government officials insisted upon being present during interviews with detainees, in violation of the committees charter.
On Tuesday five United Nations experts strongly condemned the convictions of prisoners from the 2007 rallies.
“The UN experts strongly urge the Myanmar [Burma] authorities to cease harassing and arresting individuals for peacefully exercising their internationally recognized human rights. They further demand that all detainees be retried in open hearings respecting fair trial standards and the immediate release of their defence counsels, a statement released by the five special rapporteurs said.
The five were Tomas Ojea Quintana (on human rights in Myanmar), Leandro Despouy (on independence of judges and lawyers), Frank La Rue (on freedom of opinion and expression), Margaret Sekaggya (on human rights defenders) and Asma Jahangir (on freedom of religion or belief).
