UPDATE (Burma): Police harass and threaten assault victim and family
February 17, 2006
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal
17 February 2006
[RE: UA-058-2006: BURMA: Police severely assault young man and deny medical treatment]
---------------------------------------------------------------------
UP-029-2006: BURMA: Police harass and threaten assault victim and family
BURMA: Assault; torture; impunity; intimidation; sexual harassment; un-rule of law
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that after an appeal was issued for police assault victim Ko Aung Myint Oo (UA-058-2006), an investigation team was sent to inquire about the case. However, instead of inquiring about whether or not an assault occurred, they have begun harassing and intimidating the victim and his family to say that he resisted arrest. A group of male officers also searched the victim's wife and mother. The AHRC is gravely concerned that to avoid accusations of assault the police are planning to lodge a false counter-allegation of resisting arrest against the victim.
As reported previously, 30-year-old timber miller Ko Aung Myint Oo was savagely beaten by around 14 officers led by Deputy Superintendent Aung Than Htay of the Meikhtila Township Police Station No. 3 in Mandalay division on January 18. He lost consciousness and had to be taken by horse and cart to the police station. When he was taken to court, the judge was reportedly shocked at his condition and told the police to take him to hospital after sentencing. But the police took him to the prison instead, where the warders refused to accept him. The police then took him to a clinic but were told again to take him to the hospital. He was registered at the hospital that night, with severe external injuries and two broken ribs. After only one week another officer came and forcibly removed him in chains to the prison.
After the AHRC issued its appeal on February 9, the case was reported on Voice of America Burmese Service radio. The following day, February 10, a team of four investigators came to Ko Aung Myint Oo's house, headed by Myinchan Township Deputy Police Commander Ko Than Htun, looked for recording equipment and asked questions of his mother, Daw Khin Aye.
On February 11, they called Daw Khin Aye and Aung Myint Oo's wife, Ma San San Nwei, for questioning. Then male officers reportedly searched all over the bodies of the women, not accepting their protests that they had nothing concealed. Daw Khin Aye demanded to know the name and rank of the officers, but Deputy Police Commander Than Htun said that they didn't have to give their names, and that the women were to answer questions, not ask them.
On February 12, the investigating team went to see Aung Myint Oo in prison. According to the information available, they tried to force him to state that he was assaulted by the police because he was brandishing some kind of weapon. Aung Myint Oo replied that he had suffered from a stroke some three months earlier and since that time had used a bamboo walking stick when out on the road. However, it is reported that he didn't have the stick with him when attacked.
In the evening of February 13 Police Sergeant Saw Hla May, one of the original perpetrators, came to see Aung Myint Oo's wife together with a group of officers lead by Deputy Police Commander Than Htun. They tried to frighten her to say that the reason that her husband was assaulted by the police was that he had resisted arrest with the walking stick.
Furthermore, they went to visit the chairman of the Nyaungkone [NB: incorrectly spelt as Nyaungtone in original appeal] governing council, U Maung Maung Tin and also the first member of the council, U Zaw Win, to inform them that they had taken the walking stick and were collecting further evidence with which to lodge a case against Aung Myint Oo.
Again, at around 2pm on February 14 Police Sergeant Saw Hla May allegedly came to see Aung Myint Oo's wife and told her to tell everything the same as the police instructed. That same evening, U Maung Maung Tin was reportedly called to the Police Station No. 3 and told to appear as a witness for the police.
It has also been reported that the police have intimidated other witnesses, as Aung Myint Oo was taken from place to place before being sent to hospital. Details are not yet available.
Please see our previous appeal (UA-058-2006) for further background information and related cases.
__________________________
SUGGESTED ACTION:
Please write urgently to the Minister of Home Affairs calling for immediate intervention into this case to stop the harassment of the alleged victim and family members in this case, and for an urgent investigation into the various alleged illegal actions by the police, including the assault and maltreatment of the original victim and breaches of criminal procedure in searching and questioning his wife and mother. Please again ask that the current medical condition of the victim be assessed and further treatment given if necessary.
Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.
Sample letter:
Dear Major General Maung Oo,
MYANMAR: Harrasment of victim and family and violations of criminal procedure by police officers of Meikhtila Township Police Station No. 3, Mandalay Division, after report of alleged brutal assault and denial of medical treatment
Names of victims:
1. Ko Aung Myint Oo, 30 years old, timber miller, of Pyitharyar Ward 3, Meikhtila, Mandalay Division
2. Daw Khin Aye, mother of victim 1
3. Ma San San Nwei, wife of victim 1
Names of alleged perpetrators:
1. Deputy Police Commander Ko Than Htun, Myinchan Township Police, Mandalay Division, and team of three investigators
2. Deputy Superintendent Aung Than Htay, Meikhtila Township Police Station No. 3, Nyaungkone village, Meikhtila Township, Mandalay Division
3. Pol. Sgt. Saw Hla May, Meikhtila Township Police Station No. 3
4. Estimated twelve other subordinate police officers of Meikhtila Township Police Station No. 3
Dates of incidents: 18 January 2006; 10 February 2006 to present
Place of incident: Meikhtila town, Mandalay Division
I am shocked to have received news that a the victim of an alleged brutal assault by police in Meikhtila town of Mandalay division has together with his family been subjected to serious illegal harassment by the police.
According to the information I have received, on 18 January 2006, 30-year-old woodcutter Ko Aung Myint Oo was brutally assaulted by around 14 police, led by Police Sergeant Saw Hla May and Deputy Superintendent Aung Than Htay of Meikhtila Township Police Station No. 3. He lost consciousness and had to be taken by horse and cart to the police station. Judge U Thein Win of Meikhtila Township Court No. 1 reportedly told the police to take him to hospital after sentencing. But the police took him to the prison instead, where the warders refused to accept him. The police then took him to a clinic but were told again to take him to the hospital. He was registered at the hospital that night, and found to have severe external injuries and two broken ribs. After only one week another officer came and forcibly removed him in chains to the prison.
After the case was broadcast on radio on February 9, the following day, February 10, a team of four investigators came to Ko Aung Myint Oo's house, headed by Myinchan Township Deputy Police Commander Ko Than Htun. But instead of inquiring about the alleged assault, they reportedly searched and asked questions of the victim's mother, Daw Khin Aye.
On February 11, the team called Daw Khin Aye and Aung Myint Oo's wife, Ma San San Nwei, for questioning. Then male officers reportedly searched all over the bodies of the women, not accepting their protests that they had nothing concealed. When Daw Khin Aye demanded to know the name and rank of the officers, Deputy Police Commander Than Htun said that they didn't have to give their names, and that the women were to answer questions, not ask them.
On February 12, the investigating team went to see Aung Myint Oo in prison and accused him of having resisted arrest, which he denied. However, in the evening of February 13 Police Sergeant Saw Hla May came to see Aung Myint Oo's wife together with a group of officers lead by Deputy Police Commander Than Htun and pressured her to admit that her husband was assaulted by the police because he had resisted arrest with a bamboo walking stick. They also went to visit Nyaungkone Peace and Development Council Chairman U Maung Maung Tin and Council Member No. 1 U Zaw Win, to inform them that they were collecting further evidence with which to lodge a case against Aung Myint Oo. Again, at around 2pm on February 14 Police Sergeant Saw Hla May allegedly came to see Aung Myint Oo's wife and told her to tell everything the same as the police instructed. That same evening, U Maung Maung Tin was reportedly called to the Police Station No. 3 and told to appear as a witness for the police.
I am deeply disturbed that a complaint of alleged police assault has met with this response. The alleged actions of these police officers are by all standards immoral and illegal. I am informed that the police have breached numerous sections of the Criminal Procedure Code of Myanmar, including sections 50-53 and 103.
Regarding the alleged assault, under section 50, the victim of assault should not have been "subjected to more restraint than necessary to prevent his escape". Yet there are many witnesses to the fact that he was beaten to a point that endangered his life. Under section 53, if he had had a weapon as alleged by the police, it should have been lodged with the court at the time he was brought there on January 18. But the police gave nothing: so it is clearly a fraud and illegal for the police to now claim that they have such a weapon.
Regarding the search of the victim's wife and mother, under section 51 they should only have been searched if being arrested for a non-bailable offence, or one for which they could not post bail. But they were searched although not being arrested at all. Also, under section 52 they should have been searched by a female police officer, but they were allegedly searched by men, who also refused to give their names and ranks when requested. And a search should be conducted in the presence of at least two witnesses, under section 103.
I call on you to order an immediate investigation into this alleged assault and failure of the police to take the victim to the hospital as ordered by the township judge, and subsequent illegal actions by the police, which appear directed towards escaping responsibility for their actions by lodging false counter-accusations against their victim. Please also seek information on the current medical condition of the victim, and determine whether or not he must be moved back to hospital. Finally, please also see that he and his family be given protection to prevent further harassment by the alleged perpetrators.
I understand that the Government of Myanmar has in recent years placed a strong emphasis on discipline in the society and governing institutions and expect that this would be a good example of a case where it is necessary to ensure that discipline be properly maintained and enforced. In this respect I would also suggest that the Government of Myanmar do much more to establish a procedure through which complaints of police ill-discipline could be received.
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. 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
4. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
c/o 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
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
E-mail: lohanlon@ohchr.org
Thank you.
Urgent Appeals Programme (ua@ahrchk.org)
Asian Human Rights Commission (ahrchk@ahrchk.org)
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal
17 February 2006
[RE: UA-058-2006: BURMA: Police severely assault young man and deny medical treatment]
---------------------------------------------------------------------
UP-029-2006: BURMA: Police harass and threaten assault victim and family
BURMA: Assault; torture; impunity; intimidation; sexual harassment; un-rule of law
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that after an appeal was issued for police assault victim Ko Aung Myint Oo (UA-058-2006), an investigation team was sent to inquire about the case. However, instead of inquiring about whether or not an assault occurred, they have begun harassing and intimidating the victim and his family to say that he resisted arrest. A group of male officers also searched the victim's wife and mother. The AHRC is gravely concerned that to avoid accusations of assault the police are planning to lodge a false counter-allegation of resisting arrest against the victim.
As reported previously, 30-year-old timber miller Ko Aung Myint Oo was savagely beaten by around 14 officers led by Deputy Superintendent Aung Than Htay of the Meikhtila Township Police Station No. 3 in Mandalay division on January 18. He lost consciousness and had to be taken by horse and cart to the police station. When he was taken to court, the judge was reportedly shocked at his condition and told the police to take him to hospital after sentencing. But the police took him to the prison instead, where the warders refused to accept him. The police then took him to a clinic but were told again to take him to the hospital. He was registered at the hospital that night, with severe external injuries and two broken ribs. After only one week another officer came and forcibly removed him in chains to the prison.
After the AHRC issued its appeal on February 9, the case was reported on Voice of America Burmese Service radio. The following day, February 10, a team of four investigators came to Ko Aung Myint Oo's house, headed by Myinchan Township Deputy Police Commander Ko Than Htun, looked for recording equipment and asked questions of his mother, Daw Khin Aye.
On February 11, they called Daw Khin Aye and Aung Myint Oo's wife, Ma San San Nwei, for questioning. Then male officers reportedly searched all over the bodies of the women, not accepting their protests that they had nothing concealed. Daw Khin Aye demanded to know the name and rank of the officers, but Deputy Police Commander Than Htun said that they didn't have to give their names, and that the women were to answer questions, not ask them.
On February 12, the investigating team went to see Aung Myint Oo in prison. According to the information available, they tried to force him to state that he was assaulted by the police because he was brandishing some kind of weapon. Aung Myint Oo replied that he had suffered from a stroke some three months earlier and since that time had used a bamboo walking stick when out on the road. However, it is reported that he didn't have the stick with him when attacked.
In the evening of February 13 Police Sergeant Saw Hla May, one of the original perpetrators, came to see Aung Myint Oo's wife together with a group of officers lead by Deputy Police Commander Than Htun. They tried to frighten her to say that the reason that her husband was assaulted by the police was that he had resisted arrest with the walking stick.
Furthermore, they went to visit the chairman of the Nyaungkone [NB: incorrectly spelt as Nyaungtone in original appeal] governing council, U Maung Maung Tin and also the first member of the council, U Zaw Win, to inform them that they had taken the walking stick and were collecting further evidence with which to lodge a case against Aung Myint Oo.
Again, at around 2pm on February 14 Police Sergeant Saw Hla May allegedly came to see Aung Myint Oo's wife and told her to tell everything the same as the police instructed. That same evening, U Maung Maung Tin was reportedly called to the Police Station No. 3 and told to appear as a witness for the police.
It has also been reported that the police have intimidated other witnesses, as Aung Myint Oo was taken from place to place before being sent to hospital. Details are not yet available.
Please see our previous appeal (UA-058-2006) for further background information and related cases.
__________________________
SUGGESTED ACTION:
Please write urgently to the Minister of Home Affairs calling for immediate intervention into this case to stop the harassment of the alleged victim and family members in this case, and for an urgent investigation into the various alleged illegal actions by the police, including the assault and maltreatment of the original victim and breaches of criminal procedure in searching and questioning his wife and mother. Please again ask that the current medical condition of the victim be assessed and further treatment given if necessary.
Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.
Sample letter:
Dear Major General Maung Oo,
MYANMAR: Harrasment of victim and family and violations of criminal procedure by police officers of Meikhtila Township Police Station No. 3, Mandalay Division, after report of alleged brutal assault and denial of medical treatment
Names of victims:
1. Ko Aung Myint Oo, 30 years old, timber miller, of Pyitharyar Ward 3, Meikhtila, Mandalay Division
2. Daw Khin Aye, mother of victim 1
3. Ma San San Nwei, wife of victim 1
Names of alleged perpetrators:
1. Deputy Police Commander Ko Than Htun, Myinchan Township Police, Mandalay Division, and team of three investigators
2. Deputy Superintendent Aung Than Htay, Meikhtila Township Police Station No. 3, Nyaungkone village, Meikhtila Township, Mandalay Division
3. Pol. Sgt. Saw Hla May, Meikhtila Township Police Station No. 3
4. Estimated twelve other subordinate police officers of Meikhtila Township Police Station No. 3
Dates of incidents: 18 January 2006; 10 February 2006 to present
Place of incident: Meikhtila town, Mandalay Division
I am shocked to have received news that a the victim of an alleged brutal assault by police in Meikhtila town of Mandalay division has together with his family been subjected to serious illegal harassment by the police.
According to the information I have received, on 18 January 2006, 30-year-old woodcutter Ko Aung Myint Oo was brutally assaulted by around 14 police, led by Police Sergeant Saw Hla May and Deputy Superintendent Aung Than Htay of Meikhtila Township Police Station No. 3. He lost consciousness and had to be taken by horse and cart to the police station. Judge U Thein Win of Meikhtila Township Court No. 1 reportedly told the police to take him to hospital after sentencing. But the police took him to the prison instead, where the warders refused to accept him. The police then took him to a clinic but were told again to take him to the hospital. He was registered at the hospital that night, and found to have severe external injuries and two broken ribs. After only one week another officer came and forcibly removed him in chains to the prison.
After the case was broadcast on radio on February 9, the following day, February 10, a team of four investigators came to Ko Aung Myint Oo's house, headed by Myinchan Township Deputy Police Commander Ko Than Htun. But instead of inquiring about the alleged assault, they reportedly searched and asked questions of the victim's mother, Daw Khin Aye.
On February 11, the team called Daw Khin Aye and Aung Myint Oo's wife, Ma San San Nwei, for questioning. Then male officers reportedly searched all over the bodies of the women, not accepting their protests that they had nothing concealed. When Daw Khin Aye demanded to know the name and rank of the officers, Deputy Police Commander Than Htun said that they didn't have to give their names, and that the women were to answer questions, not ask them.
On February 12, the investigating team went to see Aung Myint Oo in prison and accused him of having resisted arrest, which he denied. However, in the evening of February 13 Police Sergeant Saw Hla May came to see Aung Myint Oo's wife together with a group of officers lead by Deputy Police Commander Than Htun and pressured her to admit that her husband was assaulted by the police because he had resisted arrest with a bamboo walking stick. They also went to visit Nyaungkone Peace and Development Council Chairman U Maung Maung Tin and Council Member No. 1 U Zaw Win, to inform them that they were collecting further evidence with which to lodge a case against Aung Myint Oo. Again, at around 2pm on February 14 Police Sergeant Saw Hla May allegedly came to see Aung Myint Oo's wife and told her to tell everything the same as the police instructed. That same evening, U Maung Maung Tin was reportedly called to the Police Station No. 3 and told to appear as a witness for the police.
I am deeply disturbed that a complaint of alleged police assault has met with this response. The alleged actions of these police officers are by all standards immoral and illegal. I am informed that the police have breached numerous sections of the Criminal Procedure Code of Myanmar, including sections 50-53 and 103.
Regarding the alleged assault, under section 50, the victim of assault should not have been "subjected to more restraint than necessary to prevent his escape". Yet there are many witnesses to the fact that he was beaten to a point that endangered his life. Under section 53, if he had had a weapon as alleged by the police, it should have been lodged with the court at the time he was brought there on January 18. But the police gave nothing: so it is clearly a fraud and illegal for the police to now claim that they have such a weapon.
Regarding the search of the victim's wife and mother, under section 51 they should only have been searched if being arrested for a non-bailable offence, or one for which they could not post bail. But they were searched although not being arrested at all. Also, under section 52 they should have been searched by a female police officer, but they were allegedly searched by men, who also refused to give their names and ranks when requested. And a search should be conducted in the presence of at least two witnesses, under section 103.
I call on you to order an immediate investigation into this alleged assault and failure of the police to take the victim to the hospital as ordered by the township judge, and subsequent illegal actions by the police, which appear directed towards escaping responsibility for their actions by lodging false counter-accusations against their victim. Please also seek information on the current medical condition of the victim, and determine whether or not he must be moved back to hospital. Finally, please also see that he and his family be given protection to prevent further harassment by the alleged perpetrators.
I understand that the Government of Myanmar has in recent years placed a strong emphasis on discipline in the society and governing institutions and expect that this would be a good example of a case where it is necessary to ensure that discipline be properly maintained and enforced. In this respect I would also suggest that the Government of Myanmar do much more to establish a procedure through which complaints of police ill-discipline could be received.
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. 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
4. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
c/o 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
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
E-mail: lohanlon@ohchr.org
Thank you.
Urgent Appeals Programme (ua@ahrchk.org)
Asian Human Rights Commission (ahrchk@ahrchk.org)
