BURMA: Court refuses to act on death due to torture in custody 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-110-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture and death of a man in Hlaing Township, Rangoon, Burma. On 1 May 2005 30-year-old Aung Hlaing Win, was arrested by four security agents in civilian clothing. The victim was illegally detained and handed over to the military intelligence for interrogation. Nine days later on 10 May, Lt. Col. Min Hlaing notified the family that he had died from a heart attack during the interrogation. The victim’s family lodged a complaint with the Mayangone police station over her husband’s death in custody and non-return of the body, but the court threw the case out and allegedly refused to give copies of the judgment and other court records to the family and advocates.

Please immediately send a letter to Attorney General to order a thorough and impartial investigation so that the perpetrators of this heinous crime are duly punished. All military intelligence officers responsible for the victim’s death should be immediately suspended from duty and arrested. The victim’s family should be adequately compensated.

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

Name of the victim: Aung Hlaing Win, age 30 years, a National League for Democracy (NLD) youth member, of Hlaing Township, Rangoon
Alleged perpetrators:
1. Captain Sai Aung Win and seven other officers, including police and officers of the Military Intelligence Base No.1, Rangoon
2. Lt-Col. Min Hlaing, Commanding Officer, Military Intelligence Base No.1, Rangoon
Date of the incident: 7 May 2005
Place of the incident: Military Intelligence Base No.1, Rangoon

Case Details:

On 10 May 2005, family members of Aung Hlaing Win were notified by the commander of an interrogation centre, Lt-Col. Min Hlaing, that Aung Hlaing Win died from a heart attack on May 7 during interrogation. Aung Hlaing Win was reportedly arrested by four plain-clothes military intelligence agents on May 1 while eating at a restaurant called “Lucky”.

Upon notifying the victim’s family, Lt-Col. Min Hlaing also allegedly offered the family 100,000 Kyat (USD 100) as compensation to pay for funeral arrangements, but the offer was declined by the victim’s family. They demanded the agents to return Aung Hlaing Win’s corpse, which was cremated secretly by the Military Intelligence (MI) to cover up the likely death by torture he suffered during his interrogation. The family was also told that he had already been buried the previous day, on May 9.

According to one of the four doctors who examined the victim’s body, Dr. Zaw Zaw Oo from Mayangone hospital, Aung Hlaing Win was pronounced dead on arrival at the hospital, where he was brought by a military intelligence officer on the night of May 7. It is believed he died in transit to the hospital. Dr. Zaw Zaw Oo filed a report on June 7 stating that the victim had numerous bodily injuries including 24 external bruises, three broken ribs, a bruised heart, swollen throat and an infected stomach and intestines.

On May 18, the victim’s wife, Ma Hnin Sandar lodged a complaint with the Mayangone police station over her husband’s death in custody and non-return of the body. The hearing of a case against Captain Sai Aung Win and seven other officers of the police and military intelligence stated in the Mayangone Township Court on June 1.  All the doctors who examined the victim’s body went to testify, but the court concluded that the victim had died of chronic heart, liver and kidney diseases. The court also reportedly refused to accept questions from Ma Hnin Sandar as to why her husband’s body was not returned to the family. It also allegedly refused to give copies of the judgment and other court records to the family and advocates. The family was also allegedly denied the right to appoint an advocate of their choice.

SUGGESTED ACTION:

Please send a letter to the Attorney General, urging him to order immediately an impartial investigation into this incident. Please also call for the appropriate actions taken to see that police and military intelligence officers are properly punished. A suggested letter follows. Please note that for the purposes of this letter, the country should be referred to as Myanmar, rather than Burma, and the capital Yangon rather than Rangoon.

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

SAMPLE LETTER

Dear Dr. Tun Shin,

Re: TORTURE TO DEATH OF AUNG HLAING WIN AND CASE IN MAYANGONE TOWNSHIP COURT

Name of the victim:
 Aung Hlaing Win, age 30 years, a National League for Democracy (NLD) youth member, Hlaing Township, Yangon
Alleged perpetrators:
1. Captain Sai Aung Win and seven other officers, including police and officers of the Military Intelligence Base No.1, Yangon
2. Lt-Col. Min Hlaing, Commanding Officer, Military Intelligence Base No.1, Yangon
Date of the incident: 7 May 2005
Place of the incident: Military Intelligence Base No.1, Yangon

I am deeply concerned to hear of the torture and death of Mr. Aung Hlaing Win in Hlaing Township, Yangon.

Mr. Aung Hlaing Win was reportedly having a meal at a local restaurant called "Lucky" on 1 May 2005 when he was arrested by four security agents in civilian clothing. Mr Aung Hlaing Win was illegally detained and handed over to the military intelligence for interrogation. On May 10 the family members of Aung Hlaing Win were notified by the commander of Military Intelligence Base No.1, Lt-Col. Min Hlaing that Aung Hlaing Win had died of a heart attack during the interrogation. Aung Hlaing Min is survived by his wife Ma Hnin Sandar and his three-year-old daughter, Shan Shan. 

The victim's body was allegedly never returned to his family. I have also received information that on May 18, the victim's wife, Ma Hnin Sandar lodged a complaint with the Mayangone police station over her husband's death in custody and non-return of the body. It was alleged that all the doctors who examined the victim's body went to testify, but the court concluded that the victim had died of chronic heart, liver and kidney diseases. From other information I have received, it also allegedly refused to give copies of the judgment and other court records to the family and advocates. The family was also allegedly denied the right to appoint an advocate of their choice.

Given the severity of this case, I write to you asking for your intervention. Please take steps to ensure that a thorough and impartial investigation can be conducted so that the perpetrators of this heinous crime are duly punished. All military intelligence and police officers responsible for the victim's death should be immediately suspended from duty and arrested. The testimonies of the doctors that examined the victim's body, and the records of judgment that the court refused to distribute must be immediately released to the concerned parties. The victim's family should be adequately compensated and the perpetrators should be made to pay the compensation.

Finally, I urge the Government of Myanmar to ratify the UN Convention against Torture (CAT) and introduce it into domestic law without delay.

I look forward to your intervention. 

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

Dr Tun Shin
Director General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028 / 282 990 / 282 449

PLEASE SEND COPIES TO:

1. Lt General 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
Chairman
Myanmar Human Rights Committee
c/o Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Fax: +95 1 549 663 / 549 208

3. Mr Paulo Sergio Pinheiro
Special Rapporteur on the situation of human rights in Myanmar
Attn: Ms. Ryan 
Capacity Building and Field Operations Branch
United Nations Office of the High Commissioner for Human Rights,
3-071 Palais Wilson, 
Rue des Paquis 52, Geneva
SWITZERLAND
Fax:      + 41 22 9179 018

4. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

5. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006
E-mail: scronin@ohchr.org

6. 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 (general)


Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-110-2005
Countries : Burma (Myanmar),
Issues : Torture,