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BURMA: Local authorities beat villager to death

January 28, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

28 January 2006
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UA-044-2006: BURMA: Local authorities beat villager to death

BURMA: Murder; Impunity; Un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed by the Thailand-based Yoma 3 News Service that five members of a local council in Burma, including the chairman, beat a local resident until he suffered fatal injuries on 31 December 2005. It is reported that Ko Than Htike died of his injuries in hospital after the group, headed by U Aung Myint Thein, beat him up for refusing to follow their instructions to clear vegetation from the front of his house and pay dues to support a paramilitary unit.

The AHRC has heard that the police have lodged the case in the local court; however, the AHRC is aware that persons in authority in Burma very often escape punishment, even for grave crimes, due to their ability to threaten witnesses and apply pressure through the judicial and administrative system. In other instances where complaints have been successfully lodged against government officers, counter legal action and extra-legal measures have been taken to silence and punish the complainants and their supporters. Therefore, please write to the Attorney General to ensure that the case proceeds without outside disturbance.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victim: Ko Than Htike, 34-years-old, carpenter, residing in Myo Thit Ward, Ngathaing Chaung Town, Yegyi Township, Irrawaddy Division, Burma
Alleged perpetrators:
1. U Aung Myint Thein, Chairman, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
2. Irrawaddy Thant Zaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
3. Ko Tint Lwin, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
4. U Khin Maung Kyaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
5. U Tin Thein, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Place of incident: Office of the Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Time & date of incident: Early morning of 31 December 2005

According to the information received by the AHRC, in the early morning of last December 31 a group of local officials headed by U Aung Myint Thein, Chairman of the Ward Peace & Development Council in Myo Thit, Ngathaing Chaung Town, Irrawaddy Division, beat Ko Than Htike, a local carpenter, until he sustained fatal injuries.

The authorities and Ko Than Htike reportedly had a number of personal disputes, including over his failure to clear away vegetation growing at the front of his house as they had ordered. (In Burma it is common for local authorities to instruct residents to undertake 'beautification' work such as clearing bushes and painting their fences white.) The previous evening, Ko Than Htike had also reportedly been drinking at a shop owned by U Aung Myint Thein when two council members, Irrawaddy Thant Zaw and Ko Tint Lwin, had demanded that he pay dues to support the local People's Militia unit of 300 Bumese kyat for nine months, totaling 2700 kyat (USD 2.25). Ko Than Htike told them that he didn't have the money and would pay later. For these reasons the council members are reported to have held a grudge against Ko Than Htike and wanted to teach him a lesson.

According to witnesses, early on December 31 four council members--Irrawaddy Thant Zaw, Ko Tint Lwin, U Khin Maung Kyaw and U Tin Thein--arrived at the front of Ko Than Htike's house and called him out, saying that they were going to take him to the police. However, instead of taking him to the police they took him to their council office. As they neared the office they suddenly began kicking and beating him. When they reached the office, U Aung Myint Thein was seen to punch him once. During the assault, witnesses heard Ko Than Htike crying out and moaning, until blood was flowing from his nose and mouth.

After about one and a half hours Ko Than Htike was sent home, but his injuries were unbearable. He was then sent to the hospital at Yegyi, but he died at around 5pm that evening.

According to the news received, the five alleged perpetrators have in fact been charged with murder in the Yegyi Township Court. However, the AHRC is concerned that where authorities are charged with crimes in Burma they have many avenues available to escape punishment. For instance, the AHRC has recently released an update on the case of Ma Soe Soe, an alleged rape victim who has filed charges against the police (UP-008-2006). For refusing to withdraw the case, Ma Soe Soe and prosecution witnesses have reportedly faced various forms of harassment and intimidation, and the investigation into the alleged crime has been conducted with many irregularities. Similarly, Ma Su Su Nwe, the human rights defender who obtained an unprecedented victory in a forced labour complaint case against local authorities, is now languishing in prison due to a counter-complaint lodged by the new council head in her area (see most recently UP-006-2006). In other cases also local authorities that have faced complaints by residents have sought various ways to obtain revenge (see for instance UA-175-2004 and UP-64-2004.)

Murder is both a non-bailable and non-compoundable offence under Schedule II of the Code of Criminal Procedure in Burma. Therefore, the defendants cannot seek to settle the case such as by offering money, and they must be arrested and detained. The AHRC is at present attempting to confirm that the accused council chairman and members are now being held in detention.

SUGGESTED ACTION:

Please write to the Attorney General to ensure that the case is properly and speedily pursued through the courts and the plaintiff and witnesses are fully protected. A suggested letter follows. Please note that for the purpose of this letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Irrawaddy Division as Ayeyawaddy Division.

Sample letter:

Dear Director General,

Re: MYANMAR: Murder case proceeding against chairman and four members of Ward Peace & Development Council, Myo Thit, Ngathaing Chaung in Yegyi Township Court, Ayeyawaddy Division

Victim: Ko Than Htike, 34-years-old, carpenter, residing in Myo Thit Ward, Ngathaing Chaung Town, Yegyi Township, Ayeyawaddy Division
Alleged perpetrators:
1. U Aung Myint Thein, Chairman, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
2. Ayeyawaddy Thant Zaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
3. Ko Tint Lwin, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
4. U Khin Maung Kyaw, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
5. U Tin Thein, Member, Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Place of incident: Office of the Ward Peace & Development Council, Myo Thit, Ngathaing Chaung
Time & date of incident: Early morning of 31 December 2005

I am writing to you with regards to a murder case that has been lodged against the chairman and four members of the Ward Peace & Development Council, Myo Thit, Ngathaing Chaung in the Yegyi Township Court, Ayeyawaddy Division.

According to the information I have received, in the early morning of last December 31 a group of local officials headed by U Aung Myint Thein, chairman of the council, surrounded and beat up Ko Than Htike, a local carpenter, until he sustained fatal injuries. The attack was reportedly due to personal disputes over Ko Than Htike's failure to clear away vegetation growing at the front of his house and payment of People's Militia dues.

According to witnesses, early on December 31 four council members-- Ayeyawaddy Thant Zaw, Ko Tint Lwin, U Khin Maung Kyaw and U Tin Thein--arrived at the front of Ko Than Htike's house and called him out, saying that they were going to take him to the police. However, instead of taking him to the police they took him to their council office. As they neared the office they suddenly began kicking and beating him. When they reached the office, U Aung Myint Thein was seen to punch him once. During the assault, witnesses heard Ko Than Htike crying out and moaning, until blood was flowing from his nose and mouth.

After about one and a half hours Ko Than Htike was sent home, but his injuries were unbearable. He was then sent to the hospital at Yegyi, but he died at around 5pm that evening.

I am led to believe that the five alleged perpetrators have been charged with murder in the Yegyi Township Court under section 302 of the Penal Code. While this is an important first step, I am deeply concerned by reports that local authorities in Myanmar escape punishment for grave crimes due to their abilities to coerce and threaten witnesses and otherwise influence the outcome of investigations and court cases. Therefore, I urge you to pay special attention to this case in order to ensure that justice is served and that a prompt and efficient trial is held. In particular, I also note that murder is both a non-bailable and non-compoundable offence under Schedule II of the Code of Criminal Procedure. Therefore, I am seeking your assurance that the accused have been placed under arrest and will be kept in detention until the trial process is complete.

I also am seeking your assurance that the necessary steps will be taken to protect any witnesses from intimidation, in order that the duties of the Attorney General are fulfilled in accordance with section 3(i) of the Attorney General Law 2001. These should include, where necessary, offers of protection for the witnesses, and guarantees that no punitive actions will be taken against any of them by local authorities, as reported in other similar cases where ordinary civilians have complained against government officials. I urge you to instruct the staff of the Yegyi Township Law Office accordingly.

Finally, I wish to remind you of the many concerns felt in the international community regarding the lack of effective remedies for persons complaining against state authorities in Myanmar. I urge you to recommend to the Government of Myanmar that it ratify the International Covenant on Civil and Political Rights without delay. This Covenant is the central plank in the international human rights regime and for so long as Myanmar remains outside its provisions there will continue to be many questions regarding the enjoyment of fundamental human rights in your country.

Yours truly,


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PLEASE SEND YOUR LETTERS TO:

U Aye Maung
Attorney General
Office of the Attorney General

101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028 / 282 990 / 282 449
E-mail: ago.h.o@mptmail.net.mm


PLEASE SEND COPIES TO:

1. Lt-Gen Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

2. Maj-Gen Maung Oo
Minister of Home Affairs
Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208

3. U Aung Toe
Chief Justice
Office of the Supreme Court
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Tel: +951 372 249 / 240 788

Fax: +951 250 593

4. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Email: lventre@ohchr.org

5. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: aryan@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-044-2006
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.