Dear friends,
The Asian Human Rights Commission (AHRC) has received details of a new case brought against a human rights defender who has for some years worked to support the land rights of farmers in Burma. U Aye Myint, was sentenced to two years’ imprisonment this September on a spurious charge of threatening to injure a public servant.
CASE DETAILS:
According to the forestry department in Aunglan, upper Burma, U Aye Myint threatened a forest manager on 11 and 14 August 2009, saying that he would have him and other officials sacked for having lodged a criminal complaint against two villagers after they had cut eucalyptus plantations in a reserve area in order to make charcoal. In reality, the so-called reserve was previously the farmers’ land but officials had allegedly confiscated it from them and then charged them with destroying public property when they had encroached.
Although the case against Aye Myint was completely without evidence and brought on the hearsay of one forestry officer, the presiding judge on September 24 convicted him to two years’ imprisonment. During the trial, defence witnesses said that no such event occurred, but the judge said that the defence witnesses had not been able to show that the accused had not said the things of which he was accused, even though it is up to the prosecution, not the defence, to prove the case.
The real reason that Aye Myint was convicted and imprisoned is that he has been fighting for the rights of local farmers and there are a number of cases that have been going through the courts in which he has been active. These include the case against 13 farmers in a nearby village who were arrested over the authorities’ confiscation of some 2000 acres of land for a sugarcane plantation in 1993: the International Labour Organisation and ministerial officials investigated the case and some parcels of land, but these farmers were still fighting for over a hundred acres. They were convicted of trespassing and causing damage in October, and sentenced for periods of up to five years in jail.
BACKGROUND INFORMATION:
U Aye Myint worked closely with Ko Zaw Htay, who was earlier this year sentenced to ten years for taking video footage of army-confiscated land; his lawyer, U Phoe Phyu, was also imprisoned for four years on a charge of having contact with unlawful associations: AHRC-UAC-009-2009.
Aye Myints namesake, a lawyer also named U Aye Myint, was previously imprisoned for helping farmers in Aunglan to fight against forced labour and report cases to the International Labour Organisation, which has an office in Burma under agreement with the government. He was released in 2006 after nearly a year in jail, and after strong interventions from the ILO; however, his licence to practice law was revoked (AHRC UP-139-2006).
For other cases on Burma, go to the appeals homepage and type “Burma” or “Myanmar” into the search box: http://www.ahrchk.net/ua/. Two special reports have also been issued in the article 2 periodical, “Saffron Revolution imprisoned, law denied” (vol. 7, no. 3, September 2008) and “Burma, political psychosis and legal dementia” (vol. 6, no. 5-6, December 2007). There are also a number of related sites, including the AHRC Burmese-language blog, Pyithu Hittaing, and the 2008 AHRC Human Rights Report chapter on Burma.
SUGGESTED ACTION:
Please write to the persons listed below to call for the immediate release of U Aye Myint. Please note that for the purposes of the letter Burma is referred to by its official name, Myanmar.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar and the independence of judges and lawyers, the UN Working Group on Arbitrary Detention, and the regional human rights office for Southeast Asia calling for interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Rights defender jailed for helping villagers over land disputes with officials
Details of accused:
U Aye Myint, deputy chairman, National League for Democracy (NLD), resident of Seyone Ward, Aunglan Township, Magwe Division, Myanmar; detained at Thayet Prison, Magwe
Key officials involved:
1. U Aung San, officer, Forestry Department, Aunglan Township (complainant)
2. U Hpone Aung, forest manager, Forestry Department, Aunglan Township
Charge & trial: Threat of injury to public servant, section 189, Penal Code; Felony No. 428/09, Aunglan Township Court, Judge Win Myint presiding, sentence of two years’ imprisonment on 24 September 2009
I am disturbed to hear that a human rights defender who has for some years worked to support the land rights of farmers in Myanmar has been imprisoned for a second time on spurious grounds.
According to the information that I have received, the forestry department staff accused U Aye Myint of threatening a forest manager, U Hpone Aung, on 11 and 14 August 2009 after U Aung San, another official, had made a criminal complaint against local villagers, whom he accused of cutting eucalyptus plantations in the Bwegyi Reserve in order to make charcoal. In fact, the officials had allegedly confiscated the “reserve” land from farmer U Nyan Myint and his son, Ko Thura Aung, and had charged them with destroying public property after they had gone to work in the area like before.
During the trial, the witnesses for the prosecution said that they had seen Aye Myint berate Hpone Aung at a teashop on those two dates, saying that he had firm evidence to support the accused villagers and that he would get all the officials sacked, and later angrily asking if the officials had a plot to get the villagers arrested, warning them to release the accused in another case. The witnesses for the defence said that no such events had occurred.
Although the case against Aye Myint was based on the say-so of some government officials and people whom they had brought to the court as witnesses, Judge Win Myint sentenced him to prison. In giving his decision, the judge said that the defence witnesses had not been able to show that the accused had not said the things of which he was accused, but this is not the job of the defence: it is up to the prosecution to prove the case.
Even if Aye Myint had said the things of which forestry officials accused him, there is nothing in any of these to bring a charge under section 189, which requires a clear threat of injury that was absent from the statements that witnesses gave to the court.
From what I understand of the case, the real reason that Aye Myint was convicted and imprisoned is that he has been fighting for the rights of local farmers, including in the case against U Than Soe and 11 other farmers in Sankale village who were arrested over the authorities’ confiscation of some 2000 acres of land for a sugarcane plantation in 1993: the International Labour Organisation and ministerial officials investigated this case, and some of the land was returned, but the farmers of Sankale were still fighting for over a hundred acres. The authorities charged them with criminal trespass and causing damage to property and the same judge, Win Myint, sentenced them variously from three months to five years in jail on 16 October 2009.
I have learned that Aye Myint’s appeal to the Thayet District Court was summarily dismissed and that the case is now to go before the Magwe Divisional Court. I urge that all responsible authorities take prompt action to see that this person, who is innocent of any offence other than that he has an honest desire to work for the betterment of villagers in Myanmar, be released without delay. I also strongly urge that the illegal confiscation of farmers’ lands, harassment and frivolous criminal charges be ceased, so that villagers in Aunglan are able to earn their livelihoods honestly and fairly.
Finally, I take this opportunity to remind the Government of Myanmar of the need to allow the International Committee of the Red Cross access to places of detention, in accordance with its globally recognized mandate, without any further delay.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. 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. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
