Dear ___________,
MYANMAR: Twelve people imprisoned without evidence for a variety of alleged offences
Details of detainees
:1. Kyaw Zelin (a.k.a. Ko Saing), resident of Mingalardon, Yangon, sentenced to 19 years in jail
2. Saw Nay Htoo (a.k.a. Koyin), resident of Mingalardon, sentenced to 13 years
3. Kyaw Lin Aung, resident of Mingalardon, sentenced to 13 years
4. Kyaw Moe Oo, resident of Mingalardon, sentenced to 13 years
5. Than Naing, resident of Mingalardon, sentenced to eight years
6. Khin Maung Aye, resident of Mingalardon, sentenced to eight years
7. Naing Lin, resident of Mingalardon, sentenced to eight years
8. Kyaw Win San, brother of Kyaw Zelin, resident of North Dagon, Yangon, sentenced to eight years
9. Kyaw Swa Win, resident of Mingalardon, sentenced to eight years
10. Daw Than Than Myint (f), resident of Mingalardon, sentenced to five years
11. Kyaw Win Sein, brother of Kyaw Zelin, resident of Mingalardon, sentenced to five years
12. Zaw Min, resident of Shwepaukkan Township, Yangon, sentenced to five years
Prosecuting police officer: Police Major Aung Swe
Cases lodged against detainees
:All cases in the Yangon Northern District Court, verdicts given simultaneously on 29 September 2010, Deputy District Judge U Ohn Thwin presiding –
1. Immigration (Temporary) Act, 1947, section 13(1), Criminal Case No. 84/10, against all accused except Daw Than Than Myint, Kyaw Win Sein and Zaw Min, sentence of five years in prison
2. Burma Telegraphs Act, 1933, section 6(1), Criminal Case No. 86/10, against Kyaw Zelin only, sentence of three years
3. Arms Act, 1878, section 19(f), Criminal Case No. 87/10 against Kyaw Zelin only, sentence of three years
5. Explosive Substances Act, 1908, section 5, Criminal Case No. 88/10, against Kyaw Zelin, Kyaw Win Sein, Saw Nay Htoo, Kyaw Lin Aung, Kyaw Moe Oo, Daw Than Than Myint and Zaw Min, sentence of five years
5. Unlawful Associations Act, 1908, section 17(1), Criminal Case No. 89/10, against all accused except Daw Than Than Myint, Kyaw Win Sein and Zaw Min, sentence of three years
I deeply regret to learn of another evidence-less case being brought against persons in Burma for alleged anti-government and terrorist activities. I urge that Kyaw Zelin and the other eleven persons listed above be promptly released from imprisonment.
According to the information that I have been given, Myanmar police brought a case against Kyaw Zelin of having gone to Thailand in 2006 and 2007 to meet anti-government illegal groups and of having plotted and received support and training to launch a bombing campaign in the country, including setting of timed explosives in the Shwepaukkan industrial zone. According to the charges, nine of the group travelled back and forth to Thailand and had organized for counter-government activities.
However, in court, the police could not bring any evidence to prove their charges. They could not show exactly on what days any of the accused went to Thailand, or show that they had been there. They could not say exactly whom they are alleged to have met or what training they received, describing among the groups of alleged “terrorists” there whom they met the Burma Lawyers’ Council, a professional group that is dedicated to legal analysis and training. And they did not have any clear material evidence to tie the accused to any bomb blasts.
Furthermore, the court breached many basic procedural rights of the defendants, such as accepting written evidence from government officials without calling them to court, so the defendants could not cross-examine them; holding the trial in a closed court inside a prison, contrary to the provisions of the Judiciary Law, 2000 and preventing the accused from making any meaningful defence against the allegations.
Also, the prosecution brought a series of separate charges against the accused for the same series of alleged offences, which under sections 235 and 35 of the Criminal Procedure Code could have been heard together and an order could have been given for concurrent rather than consecutive sentences. Finally, the court took evidence once and since it related to the various charges arrayed against the accused for single alleged offences, duplicated it for each charge, which according to paragraph 614 of the Courts Manual “is contrary to law”.
In light of the above, I urge that the accused be promptly released and the cases brought against them set aside.
I wish to add that I am seriously concerned by the use of alleged acts of terrorism as a ruse for criminal cases aimed at curtailing or completely eliminating basic civil rights of defendants, not only in Myanmar but also around the world. I urge that the government of Myanmar refrain from using this technique to target persons whom it accuses of anti-government activities, which in most cases in Myanmar constitute nothing more than legitimate demands for political representation and genuine democratization.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO
:1. Maj-Gen. (Retd.) Maung Oo
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
2. Lt-Gen. (Retd.) Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
3. U Aung Toe
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
4. U Aye Maung
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
5. Brig-Gen. Khin Yi
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
