BURMA: Two more alleged killings in police custody; no investigations

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-224-2007
ISSUES: Death in custody, Extrajudicial killings, Impunity, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has information of two more alleged killings by the police in Burma that appear to have been successfully covered up. Although in both cases complaints have been made to the authorities, no action is known to have been taken against any of the accused officers.

After both of these incidents occurred, the AHRC monitored what happened next and has attempted to obtain updated information. But it appears that as in other similar cases (see further below) the authorities have effectively blocked and intimidated the families of the victims.

The two cases are as follows (details from the Yoma 3 news service [Thailand] and other sources). Please note that for reasons of security, the names of witnesses and some other persons familiar with these cases cannot be revealed in this appeal.

1. Maung Lin Lin Naing: Died in custody; body destroyed without informing family

Eighteen-year-old Maung Lin Lin Naing had gone to trade in beans at Panut village in Daik-U Township, Pegu Division of lower Burma and in the daytime on 8 February 2007 was on his way back to his village for a wedding ceremony when he stopped at the Shwe Min Store in Phadoe town to buy some provisions. The store owner, Ko Aung Toe Hlaing, reportedly accused Lin Lin Naing of theft and had him arrested.

According to the police record, at 4pm the next day, February 9, Lin Lin Naing was found hanged in the Phadoe police lock up; the police also showed concerned persons a photograph of the young man hanging from some discarded clothing. At 7pm on February 10, without having informed the family, the police hired four persons to dispose of the body.

The family of Lin Lin Naing together with their local council official went to ask the police how the young man had died and where they could find the remains, but they did not get any straight answers. On February 17 they were forced to hold the religious ceremony for his death without them.

According to a Radio Free Asia shortwave broadcast, they repeatedly attempted to call the police station to verify the story but no one answered the telephone.

A human rights defender helping the family has said that they had been warned by the police and Phadoe local officials that they would be “shut up” if they tried to complain about the death. Nonetheless, on March 21 the family lodged a complaint with the home affairs minister, in accordance with advertisements in state newspapers inviting people to make complaints about the wrongdoing of government officers. No action is known to have been taken since.

2. Htwee Maung: Beaten to death at police station

On the night of 4 January 2007 30-year-old Htwee Maung had gone to watch a traditional variety show by the Tahkainglonesein Troupe at the Pyilonechanthar Buddhist Monastery in Myepone town of Taunggut Township, Arakan State, on the western coastline of Burma. According to one witness, he had been sitting quietly but nearby there was a rowdy crowd. When the police moved in, immediately people began running away and the police failed to apprehend anyone in the group that was supposedly making trouble. Thereafter two officers, Police Corporals Kyaw Myint and Soe Naing, arrested Htwee Maung in their stead.

The police took Htwee Maung to the Myepone lock up. At 6am the next morning the police chief, Station Officer Myo Thant, sent him to the local hospital, but he was dead on arrival. According to a person who saw his body, there were serious injuries to his head and over his right eye, and the doctor who examined the body said that it was an obvious case of “excessive force” by the police.

Htwee Maung was a trishaw driver who had supported his parents with his small earnings in addition to his wife and two children. According to the report from Yoma 3, after he died around 200 other local trishaw drivers rallied outside the police station to demand an investigation, but again nothing was done. A person in the locality said that the victim’s family had been threatened not to complain.

BACKGROUND INFORMATION:

Unfortunately, these cases follow a familiar pattern in Burma, where ordinary persons suffer assault and oftentimes death at the hands of officials, and when they or their families attempt to complain they are intimidated and silenced. Among other such cases taken up by the AHRC have been:

Ko Naing Oo: beaten to death in the custody of local officials in March 2007; in his case it was claimed that he died due to “a cold”, despite his obvious external physical injuries; the family was intimidated into silence (UA-096-2007)

Maung Chan Kun: beaten to death in police custody in January 2007; his body was dumped in hospital covered in severe injuries, but the police claimed that he died due to malaria; the family was not informed when the case came up in court and has been intimidated (UP-084-2007; UA-023-2007)

Maung Ne Zaw: allegedly beaten to death in custody by Special Anti-drug Squad police; his mother fled to Thailand after constant harassment and threats due to her attempts to obtain justice (UA-222-2006)

Ko Thet Naing Oo: allegedly beaten to death by municipal officers and fire fighters in a public market; after his mother campaigned for justice, the police arrested and charged a group of innocent bystanders with his death (UP-064-2006, UP-060-2006, UA-097-2006)

Ko Aung Hlaing Win: allegedly tortured to death by military intelligence; his wife lodged detailed appeals in the courts on the irregularities in his case, including the non-return of her husband’s body (whom the state claimed died of a heart attack), but these were summarily dismissed at all levels (UA-110-2005)

The case of Htwee Maung is also reminiscent of the case of Nyi Nyi Htut, who was similarly picked up by police as a substitute for the persons whom they were actually pursuing: UA-285-2006.

These are but a few of the many such cases going on in Burma. Remarkably, the key United Nations agency working on crime with an office in Burma, the UN Office on Drugs & Crime, in its 2005 country profile has claimed that there are “not even anecdotal reports of murders, rapes or kidnappings” in Burma and that “crime does not appear to be a major concern among the population” there. Letters sent by the AHRC to the office raising questions about this assessment and offering details of serious crimes where the police and other state officers are the accused met with no reply (AHRC-OL-030-2006). See also “Why can’t the UN crime office find crime?” (UPI Asia Online).

See further: AS-165-2006, AS-070-2006 and AS-015-2006.

See also the 2006 AHRC Human Rights Report chapter on Burma, and visit the AHRC Burma homepage: http://burma.ahrchk.net. 

SUGGESTED ACTION:

Please write to the Minister of Home Affairs and other concerned persons below calling for an immediate investigation into these alleged deaths in custody. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma; Bago rather than Pegu, and Rakhine rather than Arakan.


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

SAMPLE LETTER

Dear ___________,

MYANMAR: No investigations of alleged deaths in police custody of Maung Lin Lin Naing (Kyauktaga, Bago Division) & Htwee Maung (Taunggut, Rakhine State)

Names of victims: 
1. Maung Lin Lin Naing, 18, small trader, resident of Oatphoe village, Waingkyi tract, Phadoe, Kyauktaga Township, Pegu Division 
2. Htwee Maung (a.k.a. Ko Htway Maung), 30, trishaw driver, married with two children, resident of Myepone town, Taunggut Township, Rakhine State
Alleged perpetrators: 
1. Unidentified officers of Myanmar Police Force (MPF) stationed at Phadoe, Kyauktaga
2. Station Officer Myo Thant, Police Corporals Kyaw Myint & Soe Naing and other unidentified MPF personnel stationed at Myepone, Taunggut
Dates of incidents: 1. 4-5 January 2007; 2. 8-9 February 2007
Places of incidents: Police lock ups in Phadoe and Myepone

I am writing to call for investigations into two cases of alleged death in police custody in Myanmar of which I have been recently informed. The two separate cases, details of which are given above, can be summarised as follows:

1. Maung Lin Lin Naing had gone to trade in beans at Panut village in Daik-U Township, Bago Division and in the daytime on 8 February 2007 he was on his way back to his village when he stopped at the Shwe Min Store in Phadoe town to buy some provisions. The store owner, Ko Aung Toe Hlaing, reportedly accused him of theft and had him arrested. According to the police record, at 4pm the next day, February 9, he was found hanged in the Phadoe police lock up; the police also showed concerned persons a photograph of the young man hanging from some discarded clothing. At 7pm on February 10, without having informed the family, the police hired four persons to dispose of the body. His family then went together with their local council official to ask the police how the young man had died and where they could find the remains, but they did not get any straight answers. On February 17 they were forced to hold the religious ceremony for his death without them. On March 21, despite receiving threats, the family made a complaint to the Minister of Home Affairs, in accordance with advertisements in state newspapers inviting people to make complaints about the wrongdoing of government officers. However, their request for an investigation has so far been ignored.

2. Htwee Maung went to watch a variety show by the Tahkainglonesein Troupe at the Pyilonechanthar Buddhist Monastery in Myepone town on the night of 4 January 2007. According to a witness who cannot be identified for security reasons, he had been sitting quietly but when the police moved in to break up a rowdy crowd he was arrested. He was sent to the Myepone lock up, but at 6am the next morning Station Officer Myo Thant sent him to the local hospital, where he was dead on arrival. According to another witness who cannot be identified, the body had serious injuries to his head and over his right eye, and the doctor who examined it said that it was an obvious case of “excessive force” by the police. Htwee Maung was a trishaw driver and after he died around 200 other local drivers reportedly rallied outside the police station to demand an investigation, but again nothing was done. His family also has reportedly been threatened not to complain.

I am extremely disappointed that despite government assurances that no one is above the law and that all investigations of wrongdoing by state officers in Myanmar will be investigated, in fact it continues to be the case that people are assaulted and killed with impunity by police, local officials and others there, invariably over trivial allegations. It is also bitterly disappointing that the victims of relatives, as in these two cases, are then themselves threatened and often face legal action. I am aware of cases where complainants have been jailed and in other instances have even been forced to flee the country due to constant harassment by local officers. This is despite the fact that under Part III of the Citizen’s Rights Protection Law 1975 (Parliamentary Act No. 2/1975), citizens are entitled to lodge complaints where they believe that their rights have been infringed.

I am aware that in recent times there have been a growing number of serious and substantiated allegations of deaths in custody in Myanmar. It is clear that this trend is causing growing alarm among the public which can only lead to greater instability, to the detriment of everybody. It does not indicate a society of “law and order” of the sort promoted by state media, but on the contrary, one of utter lawlessness.

To address this trend it is necessary that the public be given reason for confidence that the authorities are acting to investigate and bring to an end such incidents through prosecutions and punishment of the alleged perpetrators, and by protection of witnesses and compensation for victims and their families. I call on you to take those steps in these two cases.

Yours sincerely

PLEASE SEND YOUR LETTERS TO:

Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208

PLEASE SEND COPIES TO:

1. Lt-Gen. Thein Sein
Acting Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

2. 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

3. Brig-Gen. Khin Yi
Director General 
Myanmar Police Force
Naypyitaw
MYANMAR
Tel: + 95 1 549 196/ 228/ 209

4. Mr. Shariq Bin Raza
Representative
UN Office on Drugs and Crime
11A Malikha Road
Ward 7, Mayangone Township
Yangon
MYANMAR
Tel: +951 666 903/ 660 556/ 660 538/ 660 398/ 664 539
Fax: +951 651 334
E-mail: fo.myanmar@unodc.org, shariq.raza@unodc.org, camila.vega@unodc.org

5. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Tel: +662 288 1496
Fax: +662 288 3009

6. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Mr. Laurent Meillan
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: lmeillan@ohchr.org

7. Professor Philip Alston 
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Attn: Ms. 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 EXTRAJUDICIAL EXECUTIONS)

8. Ms. Leïla Zerrougui 
Chairperson
UN Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC) (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-224-2007
Countries : Burma (Myanmar),
Issues : Death in custody, Extrajudicial killings, Impunity, Judicial system, Rule of law, Torture,