UPDATE (Burma): South Rangoon District Court summarily rejects appeals against prison terms 

[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]
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UP-132-2005: BURMA: South Rangoon District Court summarily rejects appeals against prison terms

BURMA: Forced labour; impunity; un-rule of law; threats to human rights defender; arbitrary detention; cruel and inhuman treatment
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply disturbed that the South Rangoon District Court has summarily rejected the appeals of Burmese villager and human rights defender Ma Su Su Nwe and another person arbitrarily detained by the authorities there. Lawyers acting for Ma Su Su Nwe, who was jailed on October 13 on the spurious grounds that she abused and intimidated local government officials (see UP-117-2005), said that the case was thrown out of the court without any reason being given. Meanwhile, the appeal of a teacher also imprisoned on arbitrary grounds was thrown out on October 24.

In other developments, more persons have been jailed or sued for reporting cases of forced labour, and the AHRC has continued to receive reports that Ma Su Su Nwe has been denied medicines for her heart condition by the authorities, while at least one person who supported her in court has reportedly been expelled from their village by the local authorities.

Please write to the government authorities in Burma or the embassy or consulate in your country stressing your concern about these cases. 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: sample letters can also be found in the previous update (UP-119-2005  & UP-124-2005).

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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LATEST DETAILS IN CASE OF MA SU SU NWE:

According to information received by the AHRC, on November 3 lawyers for Ma Su Su Nwe, U Myint Thaung and U Kyi Win filed an appeal against her October 13 conviction and imprisonment in Insein Prison and sought bail. However, Judge Daw Nang Sanda San of the South Rangoon District Court threw out the application on November 4 without giving any reason. The lawyers have said that they will appeal to a higher court; however, a Burmese lawyer in contact with the AHRC has opined that as the district court rejected the application so quickly it is unlikely to succeed at a higher level.

Meanwhile, according to sources close to the case Ma Su Su Nwe is still being denied medicines by the authorities. It is not known to the AHRC as to whether or not she has yet been visited by the ICRC.

In another reported development, a villager who acted as a witness for Ma Su Su Nwe has reportedly been expelled from their village by the vengeful local authorities. Htanmanaing village resident Ma Thin Thin Khaing was reportedly illegally removed from the village records by the local authorities after she spoke as a witness for Ma Su Su Nwe, and has since gone to stay in nearby Dedaye township.

BRIEF DETAILS IN CASE OF U AUNG PE:

The case of U Aung Pe is another that was recently summarily dismissed by the South Rangoon District Court.

According to the information available to the AHRC, 40-year-old U Aung Pe was arrested on 12 February 2005 and charged with giving private tuition classes illegally. In fact, the practice of private tuition is widespread in Burma, although not regulated. It is reported that the real reason that he was jailed was after leading his English class students in song and paying their respects to an image of national independence hero General Aung San, the father of democracy leader Daw Aung San Suu Kyi, which U Aung Pe had hung outside his classroom. On August 25, U Aung Pe was sentenced to three years in jail. It is also reported that on September 30 U Aung Pe was beaten up by a jail gang that is being used by the authorities to intimidate prisoners.

On October 24, U Myint Thaung, the same lawyer taking Ma Su Su Nwe’s case, appealed the decision in the South Rangoon District Court. However, in this instance Judge Daw Kyi Kyi Win threw out the application, again without giving it any consideration or giving a reason for the rejection. According to U Myint Thaung, the judge was writing her decision even as he was arguing the case, and was paying no attention to what he had to say. Again, the case will be appealed to a higher court.

OTHER RELATED CASES:

The authorities in Burma are continuing their actions against persons who have complained of forced labour in accordance with regulations prohibiting the practice that were introduced in 1999. The following are some further cases:

1. On October 31 lawyer U Aye Myint was reportedly sentenced to seven years in jail by the Daik-U Township Court, Pegu Division, under Emergency Regulations Act 5-E for giving “false” information to the International Labour Organisation (ILO). He was reportedly given the sentence although some local officials in this case spoke in his defence. The farmers regarding whose confiscated land in Phanungdawthi village tract he is said to have drawn to the attention of the ILO also testified that they approached the ILO directly. This has reportedly been confirmed by the ILO. It is the second time that U Aye Myint has been jailed over such allegations: in 2003 he was sentenced to life, but released in early 2005 under international pressure.

2. On October 14, a group of Ngapyin village residents in Aunglan Township, Pegu Division, were sued by the local authorities for giving false information to a public servant under section 182 of the Penal Code. According to the information available at present, three villagers, U Than Zan, Ko Zaw Htay and U Aung Than Htun, all received a summons from the Aunglan Township Court, approved by Judge Daw Khin Khin Swe, naming Thayet District Police Chief U Sein Win as the plaintiff. The three were charged in connection with allegations of forced labour on roadwork in December 2004 that led to the death of local villager U Win Lwin.

SUGGESTED ACTION:

Please write to the attorney general of the government of Burma and concerned international agencies to stress your concern about these cases. A sample letter follows. You may also refer back to earlier sample letters on the case of Ma Su Su Nwe: UP-119-2005 & UP-124-2005.

Please remember that for the purposes of all these letters, the country should be referred to by its official title of Myanmar, rather than Burma, and the name of the capital, from Rangoon to Yangon.

 

 

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