UPDATE (Burma): Two police to go to court over alleged rape 

Dear friends,

The Asian Human Rights Commission (AHRC) has received news that two police officers in central Burma have been charged with rape by a local court, despite attempts by the police to bribe and intimidate the victim to withdraw the charges.

According to the information received, the Twente Township Court decided after preliminary hearings that the two officers, Tin Ko Oo & Kyaw Myo Min, together with a civilian named Naing Min, should be tried for the alleged rape of Ma Soe Soe on 12 June 2005 (see UA-141-2005).

Despite attempts by the alleged perpetrators to bribe and threaten the victim, she has refused to stop the legal action and has reportedly said that she is acting to defend the dignity of all women in Burma.

Although it is a good sign that the case is going to court, the AHRC is gravely concerned for the safety of the victim and key prosecution witnesses in the case. 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 and international agencies to ensure that the case is properly handled, and regard paid to Myanmar’s obligations the UN Convention on the Elimination of Discrimination against Women, to which it is a party.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————————-

UPDATED INFORMATION:

The AHRC earlier reported that two police officers in Twente Township, Rangoon, Burma, allegedly raped a 30-year-old mother of three named Ma Soe Soe on 12 June 2005, together with one other person. They also chased a number of eyewitnesses and were able to catch and detain one of them (full details at UA-141-2005).

Although the local authorities reportedly tried to stop action being taken on the case, Ma Soe Soe insisted upon lodging a criminal complaint, and has been supported by the witnesses and medical reports.

According to the information available to the AHRC, after Ma Soe Soe lodged the complaint the three perpetrators each offered to pay two million Burmese kyat, totaling six million kyat (USD 5000), for Ma Soe Soe to withdraw the case. Ma Soe Soe’s family is extremely poor: she works carrying sacks of paddy husks and struggles every day to feed and clothe her children, for which she would earn less than one US dollar per day. She would not dream of being able to get such an enormous amount of money. However, she refused to accept the money. According to U Maung Maung Hein, a stringer with Democratic Voice of Burma (DVB) radio

“The authorities in Burma –police, soldiers–are like this. The people with power frequently abuse women and then just pay some settlement money to end the case… [Ma Soe Soe] cannot accept this situation. Another thing is that everywhere [in Burma] these days women are in a weak position. Local people have said that she wants to fully prosecute these police as a stand against this type of abuse…”

Due to her refusal to withdraw the case, Ma Soe Soe and witnesses on her side have reportedly faced various forms of harassment and intimidation. On August 23 during the questioning of witnesses, Deputy Superintendent Ngwei Htun of Twente Township Police Station reportedly threatened to have her arrested, and showed his handcuffs. The witnesses were also treated very abusively and not in accordance with correct procedure. For instance, Ma Soe Soe herself was questioned among other witnesses and government officers, rather than being questioned in private. So all persons present could hear all the details of what happened to her.

The case came into the court for preliminary hearings in September. Among the witnesses for Ma Soe Soe were two of the men who were eyewitnesses: Poe Cho, who was caught and detained by the alleged rapists, and Ko Myo Thant, who managed to escape after being chased. They testified to hearing her cries for help and went to look, after which the police chased them. Also testifying was the couple with whom Ma Soe Soe was walking when accosted by the police. In total 12 witnesses were examined by the court.

The court also received a medical report based upon a forensic examination of the garments worn by Ma Soe Soe on the night, which supported the accusation of rape.

On 2 January 2006 the Twente Township Court, Judge U Zaw Zaw Thein presiding, posted the case to full trial on charges of gang rape under sections 376, 377 and 34 of the Penal Code. He identified three principal witnesses for further opening inquiries.

PRESENT SITUATION:

While it is a good sign that the case is going to full trial, the AHRC is gravely concerned for the security of the victim and her witnesses and other supporters. In other cases where ordinary civilians have lodged complaints against the authorities in Burma, they have been subjected to punitive sanctions and threats as a consequence. The case of Ma Su Su Nwe, which is due to go to the Supreme Court (UP-006-2006), is indicative. In that case, witnesses have allegedly been repeatedly intimidated and legal action initiated against some to remove their properties from their possession. 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).

Rape is both a non-bailable and non-compoundable offence under Schedule II of the Code of Criminal Procedure in Burma. Therefore, the two 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 police officers are now being held in detention.

Please also refer back to the original appeal in this case (see UA-141-2005) for a discussion on violence against women in Burma by government officials (under Additional Comments).

SUGGESTED ACTION:

Please write to the Attorney General to ensure that the case is properly 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.

 

 

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