[RE: UA-112-2004: BURMA: Complaints against forced labour blocked and victims punished issued on 3 September 2004; UP-11-2005: BURMA: Four officials sentenced to prison for forced labour in Kawmhu Township, Yangon Division; UP-63-2005: BURMA: Local officials seek revenge against villager who obtained first successful forced labour prosecution; UP-68-2005: BURMA: Preliminary hearing against villager who obtained first successful forced labour prosecution completed; UP-73-2005: BURMA: Defamation case against villager continues; UP-117-2005: BURMA: Human rights defender Ma Su Su Nwe jailed in Insein Prison; UP-119-2005: BURMA: Latest news on jailing of human rights defender Ma Su Su New; UP-124-2005: BURMA: Jailed human rights defender Ma Su Su Nwe reportedly denied medicines; UP-132-2005: BURMA: South Rangoon District Court summarily rejects appeals against prison terms; UP-147-2005: BURMA: Division court also summarily rejects case of ailing Ma Su Su Nwe; UP-006-2006: BURMA: Ma Su Su Nwe hospitalised; Supreme Court to hear case]
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UP-017A-2006: BURMA: Supreme Court summarily rejects Su Su Nwe case
BURMA: Forced labour; impunity; un-rule of law; threats to human rights defender; arbitrary detention; cruel and inhuman treatment; denial of right to health
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NEW MA SU SU NWE WEBPAGE: www.ahrchk.net/susunwe
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Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that the Supreme Court in Burma yesterday summarily rejected the application for leave to proceed in an appeal in the case of Ma Su Su Nwe, the villager and human rights defender detained for successfully complaining against local authorities about forced labour.
According to the information received by the AHRC, the application was lodged yesterday afternoon, 1 February 2005 (Case No. 10B/2006). However, the court, with Judge Dr Tin Aung Aye presiding, refused to allow the case to proceed.
The final recourse for Su Su Nwe’s lawyers is to lodge a second plaint in the Supreme Court for a special review of the case. U Nyan Win, one of the lawyers, has indicated that the application for a special review can be lodged within a month.
The AHRC has set up a new webpage on Ma Su Su Nwe, with appeals, statements and other media. Please visit http://www.ahrchk.net/susunwe. See also recent appeals on the case for the latest news: UP-006-2006, UP-147-2005 and UP-132-2005; see full case details: UA-112-2004.
The AHRC is also today again reiterating its call to the UN High Commissioner for Human Rights, Ms Louise Arbour, that the Government of Myanmar be suspended from the Commission on Human Rights until such a time as it takes significant and meaningful steps to reverse the serious worsening of conditions in its country.
SUGGESTED ACTION:
Please again write to the government authorities in Burma or the embassy or consulate in your country stressing your concern about the grave situation of Ma Su Su Nwe. If you haven’t done so already, please also write to your own foreign ministry or equivalent to urge that it take up the case through diplomatic channels: please refer to previous updates for sample letters and contact details: UP-119-2005, UP-124-2005 and UP-132-2005.
Please also write to the UN High Commissioner for Human Rights expressing dismay at this judgment and calling for the suspension of Myanmar from the UN High Commission on Human Rights. A sample 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
SAMPLE LETTER
Dear Ms Arbour
RE: U.N. HUMAN RIGHTS COMMISSION HAS MORAL OBLIGATION TO ACT DECISIVELY ON CASE OF JAILED HUMAN RIGHTS DEFENDER IN MYANMAR
I am writing to you today to express special concern that the UN Commission on Human Rights has failed to act decisively to address the continued detention of Ma Su Su Nwe, a 34-year-old villager who in October 2005 was jailed by the authorities in Myanmar as an act of revenge for her earlier pursuit of the first successful complaint of forced labour in that country.
On 1 February 2006 the Supreme Court of Myanmar summarily rejected an application by her lawyers to appeal against her 18-month jail term for allegedly threatening and abusing local government officials. The only legal recourse that now remains is for a special review of the decision by the same court. Meanwhile, it has been reported that Ma Su Su Nwe has been denied medicines for a chronic heart ailment and her health is growing worse in prison.
I wish to call your special attention to this case as it speaks to the conditions in Myanmar that have rightly been referred to as the "un-rule of law" there. At present Myanmar cannot be said to have any functioning justice system. There is only an injustice system, where laws and punishments are applied arbitrarily and according to the dictates of money and government officials.
I am aware that you have been repeatedly informed of these conditions, by way of the Special Rapporteur on the situation of human rights in Myanmar and by way of the interventions of outside parties. Under the circumstances, I fail to understand why the Government of Myanmar is still permitted to sit as a member of the Commission on Human Rights. It is clear from many years of game-playing that there is no progress to be made by pretences of dialogue with the representatives of this government.
I therefore call upon you to take personal responsibility to see that Myanmar is suspended from the Commission. I also urge you to express outrage at the continued detention of human rights defender Ma Su Su Nwe and those many others like her who continue to struggle against immense odds for the progress of human rights in Myanmar. Please do not remain silent and inert.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Ms Louise Arbour
High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9000
Fax: +41 22 917 9012/ 9016 (ATTN: HIGH COMMISSIONER HUMAN RIGHTS)
Email: secrt.hchr@unog.ch
PLEASE SEND COPIES TO:
1. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org
2. 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 on Myanmar)
E-mail: aryan@ohchr.org
3. U Kyaw Tint Swe
Permanent Representative
Permanent Mission of Myanmar to the UN
47, Avenue Blanc
1202-Geneva
SWITZERLAND
Tel: +41 22 906 9880 / 9881
Fax: +41 22 738 4882 / 3173
E-mail: mission.myanmar@ties.itu.int; mission.myanmar@hotmail.com
4. 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
5. U Nyan Win
Minister for Foreign Affairs
Ministry of Foreign Affairs
Pyay Road
Dagon, Yangon
MYANMAR
Tel: +951 221 191
Fax: +951 212 840 / 211 259
E-mail: mofa.aung@mptmail.net.mm
6. U Aung Toe
Chief Justice
Office of the Supreme Court
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Tel: +951 372 249 / 253 066
Fax: +951 250 593
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
