BURMA: Farmer jailed for complaining about destruction of crops
May 10, 2006
Maj-Gen. Maung Oo
1. Lt-Gen. Soe Win
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BURMA: Farmer jailed for complaining about destruction of cropsMay 10, 2006 URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM 11 May 2006 --------------------------------------------------------------------- UA-155-2006: BURMA: Farmer jailed for complaining about destruction of crops BURMA: Arbitrary and illegal detention; impunity; un-rule of law --------------------------------------------------------------------- Dear friends, The Asian Human Rights Commission (AHRC) has received information from the Yoma 3 news service (Thailand) that a farmer in the Irrawaddy Delta region of Burma has been jailed after lodging a complaint that his crops were destroyed due to the negligence of local officials. Although he was supported in his allegations by another seven farmers, U Tin Nyein was jailed for two years on 29 March 2006 because the authorities sued him twice after he complained that his land was flooded as they demolished embankments that he had constructed. According to the detailed information and case documents available, U Tin Nyein of Kyun village tract in Bogalay Township complained that at about 1pm on 19 August 2005 U San Myint and five other workers who were assigned by the township authorities to land and water works in Kwunthi Chaung village demolished embankments that he had constructed in a stream on his land. As a result, over 100 acres of crops were destroyed. The authorities denied Tin Nyein's allegation and then in familiar pattern to Burma, on December 6 U San Myint lodged a counter-complaint in the township court that Tin Nyein had made false claims in order to injure their reputations. Tin Nyein lodged a petition in the district court against the legal action of U San Myint, but it was thrown out without a hearing on December 23. In an attempt to stop Tin Nyein from further action, the authorities allegedly put him under illegal detention at the Bogalay Township Police Station on 6 February 2006. However, on February 14 he was able to lodge another appeal in the higher-up divisional court that the case against him was illegal for procedural reasons, citing precedents in support of the argument. The court agreed, but didn't dismiss the matter completely. Instead it instructed that charges be brought under suitable sections of the law. Therefore, on March 9 the police commander in Bogalay lodged a new complaint against Tin Nyein for attempting to cause a breach of the peace and upset public tranquility. In the court hearings, Tin Nyein pointed out that the authorities had not denied that they had broken the embankments, but just that the effect was that water had flooded his land. He also produced a signed document by seven other farmers supporting his claims and saying that their lands had also been affected. Nonetheless, on March 29 the township court found Tin Nyein guilty of both charges and sentenced him to two years in jail. It is understood that he is preparing an appeal. Meanwhile, local authorities have reportedly given instructions to reconstruct the embankments, having come to see the conditions; however, at last report they had not been rebuilt. ADDITIONAL COMMENTS: This case bears many resemblances to that of U Aye Min and U Win Nyunt (UA-071-2006 and UP-054-2006), who were also sentenced to two years in prison in December 2005 for informing the authorities in the same Bogalay township that local officials had been extorting money under the cover of an agricultural loan programme. In this case too the men were accused of giving "false information". That case is now being appealed to the Supreme Court. Both cases speak to the many coercive government practices faced by farmers in Burma, many of which were documented in detail in the 1999 Voice of the Hungry Nation report of the People's Tribunal on Food Scarcity and Militarisation in Burma. Both cases also again speak to the familiar prosecution of citizens who dare to make complaints on any subject against any government official, however low-ranked, in Burma. Other recent cases that speak to the systemic prosecution of complainants of state abuses in Burma and compliance of the judiciary include: UA-119-2006, UA-50-2006 and UP-017-2006; see also the Ma Su Su Nwe website: www.ahrchk.net/susunwe. Further discussion on these and related topics can be found on the AHRC Burma homepage: http://burma.ahrchk.net. ______________________________ SUGGESTED ACTION: Please write to the Minister of Home Affairs calling for a proper investigation into the allegations of the jailed man, and for action to secure his release from detention. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Irrawaddy as Ayeyawaddy. Sample letter: Dear MYANMAR: Wrongful conviction of U Tin Nyein in Bogalay Township Court Criminal Case No. 390/06 under sections 504/505(b) of the Penal Code Name of victim: U Tin Nyein, 46-years-old, farmer, son of U Khwe, residing in Kwunthi Chaung village, Kyun village tract, Bogalay Township, Pyapon District, Ayeyawaddy Division Convicted under: Sections 504/505(b) of the Penal Code, in Bogalay Township Court, Criminal Case No. 390/06, Judge U Bhyein Htun Aung presiding, decided on 29 March 2006, sentenced to two years in prison under each section (to be served consecutively) Related actions: Appeal No. 75/2005, Pyapon District Court, decided on 23 December 2005, against Felony No. 1496/2005 lodged in the Bogalay Sub-township Court under section 211 of the Penal Code on 6 December 2005; Irrawaddy Sub-divisional Court application of U Tin Nyein lodged on 14 February 2006 Names of persons involved in the case: 1. Police Superintendent Tin Htun, Bogalay Township Police Station, plaintiff in second case 2. U San Myint and five other workers assigned for land and water works in Kyun village tract, Bogalay Township, Pyapon District, Ayeyawaddy Division, respondents in original complaint I am greatly disturbed to hear of yet another case of unjust persecution of a farmer in Bogalay Township, Myanmar by local authorities there. According to the information I have received, U Tin Nyein of Kyun village tract in Bogalay Township complained that at about 1pm on 19 August 2005 U San Myint and five other workers who were assigned by the township authorities to land and water works in Kwunthi Chaung village demolished embankments that he had constructed in a stream on his land. As a result, over 100 acres of crops were destroyed. After Tin Nyein lodged complaints at various levels, including with the Bogalay Township Peace and Development Council, Pyapon District Peace and Development Council, Irrigation Department, Agricultural Planning Department, and Water Resources Utilization Department, on December 6 U San Myint then lodged a counter-complaint in the Bogalay Sub-township Court that Tin Nyein had made false claims in order to injure their reputations under section 211 of the Penal Code (Felony No. 1496/2005). Tin Nyein lodged Appeal No. 75/2005 in Pyapon District Court against the legal action of U San Myint but it was thrown out without a hearing on December 23. In an attempt to stop Tin Nyein from further action, the authorities allegedly put him under illegal detention at the Bogalay Township Police Station on 6 February 2006. However, on February 14 he was able to lodge another appeal in the Irrawaddy Sub-divisional Court that the case against him was illegal because section 182, not 211 should be used in cases of this nature and that under section 195(b) of the Criminal Procedure Code the case should anyhow be disallowed as it did not comply with correct procedure. The court upheld the appeal. Therefore, on March 9 Police Superintendent Tin Htun of Bogalay Township Police Station lodged a new complaint against Tin Nyein for attempting to cause a breach of the peace and upsetting public tranquility, under sections 504 and 505(b) of the Penal Code. In the hearings at the Bogalay Township Court, Tin Nyein (representing himself) pointed out that the authorities had not denied that they had broken the embankments, but just that the effect was that water had flooded his land. He also produced a signed document by seven other farmers supporting his claims and saying that their lands had also been affected (namely, Ko Kyaw Kyaw, son of U Maung, 9 acres; U Thi, son of U Htun Min, 20 acres; Daw San Myint, daughter of U Htun Khin, 9 acres; Myint Lwin Oo, son of U Lone, 10 acres; Myint Oo, son of U Mya Maung, 20 acres; Kular, son of U Kyaw Sein, 11 acres; Khin Zaw Oo, son of U Win Htay, 12 acres). Nonetheless, on March 29 the township court found Tin Nyein guilty of both charges and sentenced him to two years in jail under each offence, to be served consecutively. Sadly, this is yet another conviction speaking to how persons with grievances who bring complaints against local authorities in Myanmar are themselves made the subject of legal action. While the question of whether or not the complaint is legitimate is one thing; the right of a citizen to lodge a complaint against a public official acting in his or her official capacity is essential for a functioning society. Without this right, it is quite impossible to ensure even the most basic adherence to the rule of law and guarantee and orderly and stable country. Unfortunately, as it stands at present this right is appears to be completely absent from Myanmar. If the government of Myanmar expects to be able to build a new, modern and developed state as it constantly iterates then it must do much more to set up avenues through which complaints can be received from citizens, independently investigated and alleged perpetrators prosecuted. In the absence of such avenues, there is no possibility for your nation to grow and prosper. In this case, I call on you to order a full inquiry into the original complainant with a view to the necessary action with reference to the local authorities, and the release of U Tin Nyein from prison on the spurious charges under sections 504 and 505(b). More generally, I call on your government to review laws that are used for frivolous legal actions against complainants, especially sections 182, 211, 504 and 505 of the Penal Code, in order that persons with genuine complaints be able to air these without fear of retribution by the authorities. Yours sincerely --- PLEASE SEND YOUR LETTERS TO: Maj-Gen. Maung Oo Minister for 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 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. U Aye Maung Attorney General Office of the Attorney General 101 Pansodan Street Kyauktada Township Yangon MYANMAR Fax: + 95 1 371 028/ 282 449 / 282 990 3. Brig-Gen. Thura Myint Aung Commander of Southwest Command Chairman Ayeyawaddy Division Peace & Development Council Pathein, Ayeyawaddy Division MYANMAR 4. Mr. Patrick Vial Head of Delegation ICRC No. 2 (C) - 5 Dr. Ba Han Lane Kaba Aye Pagoda Road, 8th Mile Mayangone Township Yangon MYANMAR Tel.: +951 662 613 / 664 524 Fax: +951 650 117 E-mail: yangon.yan@icrc.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 6. 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 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS) E-mail: scronin@ohchr.org 7. Ms Leila Zerrougui Chairperson Working Group on arbitrary detention Attn: Mr Miguel de la Lama OHCHR-UNOG 1211 Geneva 10 SWITZERLAND Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION) Email: mdelalama@ohchr.org Thank you. Urgent Appeals Programme Asian Human Rights Commission (AHRC) (ahrchk@ahrchk.org)
Document Type :
Urgent Appeal Case
Document ID :
UA-155-2006
Countries :
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