UPDATE (Burma): Jailed tuition teacher on hunger strike

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-029-2007
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has learnt from a number of sources that U Aung Pe, the teacher who was jailed in Burma in 2005 for “illegal tuition”, has gone on hunger strike and is gravely ill.

According to visitors to the central Insein Prison, where Aung Pe is being held, he launched his hunger strike on national Union Day, February 12, in response to his continued imprisonment and lack of health care.

Aung Pe is now in very poor health. He has reportedly been suffering from a painful hernia since 2006, and cannot walk. According to one visitor, he was promised by the prison authorities in November 2006 that he would get medical attention, but until now he has not been treated. He also has reportedly not been able to receive food from home.

In August 2005 Aung Pe was sentenced to three years’ imprisonment on a charge of giving illegal tuition. His prosecution was in fact motivated by “political” activities: he spoke to his students–who were poor children he was teaching for free–about independence hero General Aung San and hung up a t-shirt bearing a picture of Aung San’s daughter, democracy leader Daw Aung San Suu Kyi.

Aung Pe’s appeals to higher courts, including the Supreme Court, were rejected.

Please see the earlier appeals for full details of the case: UP-030-2006; UP-132-2005; AHRC-PL-012-2006.

ADDITIONAL COMMENTS:

It is common for detainees in prisons in Burma to contract illnesses while in detention and due to inadequate medical attention many older prisoners or those with prior conditions die as a result. In December 2005 the International Committee of the Red Cross was ordered to halt its visits to prisons in Burma, and in November 2006 it was forced to close its field offices “effectively making it impossible for the organization to carry out most of its assistance and protection work” (see ICRC press release here).

Recently the AHRC also reported on a number of other prisoners in a number of cases who have suffered serious illnesses and not received treatment: UP-016-2007.

SUGGESTED ACTION:

Please write to the home affairs minister to demand that U Aung Pe obtain adequate medical treatment and be properly treated while imprisoned. Please also raise questions over the legality of his 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.

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

SAMPLE LETTER

Dear _______,

MYANMAR: Health condition of U Aung Pe (a.k.a.) Khin Maung Oo in Insein Prison

Details of prisoner: U Aung Pe (a.k.a.) Khin Maung Oo, 50, son of U Mya Maung and Daw Kyin Aye, ID No. 12-TaTaNa(Naing)021312, private tuition teacher of Kyuntaw Ward, Twente Township, Yangon Division convicted to three years’ imprisonment by Twente Township Court, Criminal Case No. 97/2005, 25 August 2005, under section 23 of the Tuition Law 1984; held in Cell 7, Building 5, Insein Prison, Yangon

I am writing to you to express my serious concern that a U Aung Pe, a detainee at Insein Prison, has launched a hunger strike in response to a lack of proper medical treatment.

According to the information I received, U Aung Pe began his hunger strike on Union Day, 12 February 2007, after he had been promised medical treatment for a painful hernia as far back as 21 November 2006, which until now he has not received. I am also informed that he has not been able to receive food from his home.

Without regard to other factors, I urge that the Government of Myanmar ensure that U Aung Pe receives full and proper medical treatment and other provisions as necessary during his period of imprisonment. I note in particular that if his condition is left unattended it could be construed as “cruel and inhuman treatment” under international law and amount to an act of torture.

I also urge it to review of U Aung Pe’s imprisonment, in light of his ill health and the circumstances of his conviction. In particular, I note that although he was ostensibly convicted for “illegal tuition” under section 23 of the 1984 Tuition Law, the judgment suggests that he was in fact convicted for other unrelated legal acts.

Finally, I call on the Government of Myanmar to ensure adequate treatment of all persons in its prisons by again granting access to the International Committee of the Red Cross. I share the view of the international committee that it has “always worked in Myanmar in faithful accordance with the mandate assigned to it by the international community… in full transparency and with the agreement of the government”. I too am convinced of the value of its work in Myanmar and see no reason as to why it should be refused entry to the country’s jails.

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: +95 67 412 040/ 069/ 072
Fax: +95 67 412 016/ 439

PLEASE SEND COPIES TO:

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

2. U Zaw Win
Director General
Myanmar Correctional Department
c/o Ministry of Home Affairs
Naypyitaw
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208

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: 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

5. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : UP-029-2007
Countries : Burma (Myanmar),
Issues : Arbitrary arrest & detention,