BURMA/MYANMAR: Villagers still without remedy for police attack on protestors

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-001-2015
ISSUES: Administration of justice, Threats and intimidation, Torture, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that no redress has yet been provided for farmers from central Burma that were attacked violently by the police during peaceful protest. Without any warrant or court order, the police used guns on the protesters. Farmers lodged a case against the police but courts dismissed the case on summary judgement. The case is now in Mandalay Regional High Court.

CASE NARRATIVE:

As describe in the original appeal (AHRC-UAC-117-2014), the farmers from Singu Township, Mandalay Region had been beaten and shot during peaceful protest for the grabbed lands. The farmers protested several times since June. However, on 14 August 2014, police with guns and shields came to the village without giving any information to the Village Administrative Officer. They attacked the protesters, injuring some villagers and one woman was shot. During the following six months,  the courts have made no progress in pursuing prosecution. 

According to the latest information received, although the police claimed that they were supposed to arrest 15 villagers who were sent summons, they could neither show arrest warrant nor official information that should have been given to the village authorities. This is similar to the method by which they fired their guns; to do so they need permission from a township judge, but instead they relied only the command of the Singu Township Police Force Commander, Soe Win for justification. 

At the request of all the villagers and victims, a local elder made a first information report at Latpanhla police station in September to open a case against the police. However, the police station didn’t take any action nor did they fill the police station form (A)(B),instead, they instructed him to go straight to a court.

The plaintiff lodged a case against the police personnel in Singu Township Court. The township judge said the case was improper because it was not opened by victims and dismissed the case on summary judgment on 3 November 2014 finding. Pyinoolwin District Court reached the same conclusion. The case is now in Mandalay Regional High Court and appears to be stalled. 

The villagers’ rights are threatened by forcing them to live in fear, and depriving them of remedy for their lost lands.

Further details are provided in the sample letter below, as usual. 

BACKGROUND INFORMATION:

Similar case had occurred in Letpadaung copper mine project in recent, one farmer was shot to death by the police during peaceful protest but to date there is no prosecution to the perpetrators. See ( AHRC-UAC-001-2015) 

In Burma, during the military regime, the military confiscated farmland for different reasons and purposes. They conspired with companies owned by their cronies, sold the land to other businesses, and built military owned factories on the land. After new government reforms, the Commander-in-Chief of Defence Services ordered the land to be returned back to the original owners, but that order has been ignored. (See AHRC-UAC-090-2014 and AHRC-UAC-049-2014). 

For many more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma.

SUGGESTED ACTION:

Please write a letter to the following government authorities to urge to take immediate action against the police. 

Please note that for the purpose of the letter Myanmar is referred to by its traditional name: Burma.

Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; and, the regional office in Bangkok, calling for their interventions into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear …………………,

BURMA/MYANMAR: Villagers still without remedy for police attack on protestors

Names of victims: Ma San Kyin Nu (was shot to left calf), Singu villagers 

Names of police involved: 
1. U Aung Soe (No. 68352), Singu Township Police Force Commander, 
2. U Kyaw Ye Aung (No-167462), 
3. U Win Ko (No-33326), 
4. U Aung Soe, 
5. U Win Naing Tun (No-27789), 
6. Daw Hnin Ei Phyu (No-147591), 
7. U Win Min Than (No-27789), 
8. U Thein Win (No-97467), 
9. U Kyaw Swar (No-197453), 
10. U Maung Yin (No-144278), 
11. U Chit Pyone Htet (No-222456), 
12. U Chaw Maung (No-217951), 
13. U Min Thu (No-137446), 
14. U Aung Myo Win (No-199287), 
15. U Aung Myo Oo (No-220285), 
16. U Tun Lin (No-242763), 
17. U Nay Zaw Tun (No-199786), 
18. U Myint Tun (No-299385), 
19. U Tin Tun Aung (No-222003), 
20. U Min Min (No-198225), 
21. U Myint Oo (No-249165),
22. U Naing Tun (carrying gun No-S 92), 
23. U Aye Myint ( No-460681), 
24. U Zaw Min Naing (No-147646), 
25. U Aye Moe (No- 159330), 
26. U Thiha Kyaw (No-198435), 
27. U San Min (No-229168), 
28. U Kyaw Swe Lin (No-229168), 
29. U Yaw Lay (No-20864), 
30. U Moe Zaw Tun, (No-205687) 
31. U Tin Oo (No-99135), 
32. U Arkhar (No-241354), 
33. Sub-Inspector Zaw Min Htay, 
34. Sub-Inspector Kyaw Soe Oo, 
35. U Aung Myo (No-190290)

From 36 to 39 are firefighters from Lattpanhla, Singu township
36. U Maung Oo, 
37. U Aung Naing Chit, 
38. U Kyaw Win, 
39. U Myint Thaung 

Date of Incident: 14 August 2014
Place of Incident: Nyaung Wine Village, Singu Township, Mandalay Region, Myanmar

I am unhappy to hear that 39 law enforcement personnel who were involving in the crackdown of the peaceful protest in august last year are still not yet punished in accordance with law. Likewise, it is appalling to discover that the protesters asked for their lost lands which was grabbed years ago and sent complaint letters to the concerned authorities but received no response. 

the farmers from Singu Township, Mandalay Region had been beaten and shot during peaceful protest for the grabbed lands. The farmers protested several times since June. However, on 14 August 2014, police with guns and shields came to the village without giving any information to the Village Administrative Officer. They attacked the protesters, injuring some villagers and one woman was shot. During the following six months, the courts have made no progress in pursuing prosecution. 

According to the latest information received, although the police claimed that they were supposed to arrest 15 villagers who were sent summons, they could neither show arrest warrant nor official information that should have been given to the village authorities. This is similar to the method by which they fired their guns; to do so they need permission from a township judge, but instead they relied only the command of the Singu Township Police Force Commander, Soe Win for justification. 

At the request of all the villagers and victims, a local elder made a first information report at Latpanhla police station in September to open a case against the police. However, the police station didn’t take any action nor did they fill the police station form (A)(B),instead, they instructed him to go straight to a court.

The plaintiff lodged a case against the police personnel in Singu Township Court. The township judge said the case was improper because it was not opened by victims and dismissed the case on summary judgment on 3 November 2014 finding. Pyinoolwin District Court reached the same conclusion. The case is now in Mandalay Regional High Court and appears to be stalled. 

The villagers’ rights are threatened by forcing them to live in fear, and depriving them of remedy for their lost lands.

I remain very concerned that impunity is still widely enjoyed by state agents so I urge the government to solve this problem in accordance with law and intervene regarding the land grabbing in the region. The government of Burma must solve these land problems in a peaceful way and uphold the farmers’ rights to their lands. The perpetrators of the shooting must be brought to justice, the farmers must be compensated for the damage caused, and the land must be returned to its rightful owners.

I look forward to your positive and effective response in this case. 

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. Ko Ko
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079
Fax: +95 67 412 439

2. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR

3. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080
Fax: + 95 67 404 059

4. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088
Fax: +95 67 404 146/ 106

5. Police Major General Zaw Win 
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079
Fax: +951 549 663 / 549 208

6. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR

7. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
Naypyitaw
MYANMAR

8. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668
Fax: +95-1-659 668

9. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR

Thank you.

Urgent Appeals Programme

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)