Home / News / Urgent Appeals / UPDATE (Burma): Appeals against imprisonment of seven human rights defenders rejected; more reportedly jailed

UPDATE (Burma): Appeals against imprisonment of seven human rights defenders rejected; more reportedly jailed

November 2, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

2 November 2007

[RE: UA-135-2007: BURMA: Government-backed gang attacks human rights defenders; UP-062-2007: BURMA: Urgent developments in case of attacked human rights defenders; UP-082-2007: BURMA: Assaulted rights defenders imprisoned & face serious legal action, while officials escape charges of assault; UP-105-2007: BURMA: Six human rights defenders given jail terms; one awaits verdict; UP-108-2007: BURMA: Human rights defender sentenced to three years in jail for "illegal tuition"]
---------------------------------------------------------------------
UP-144-2007: BURMA: Appeals against imprisonment of seven human rights defenders rejected; more reportedly jailed

BURMA: Assault; impunity; attacks on human rights defenders; un-rule of law
---------------------------------------------------------------------

NEW WEBPAGE
THE HINTHADA 6: HUMAN RIGHTS DEFENDERS IN JAIL
http://campaigns.ahrchk.net/hinthada6/

---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that the requests to appeal against imprisonment of the "Hinthada 6" and another human rights defender from the same group have all been thrown out of courts in Burma. Meanwhile, another three have also reportedly been imprisoned, while one who had been was released.

APPEALS REJECTED:

The AHRC has documented in detail the case of the six human rights defenders who were sent to jail by the Hinthada court for four to eight years in July for upsetting "public tranquillity": all details can be found at the campaign webpage.

Unfortunately, on 9 October 2007 the Irrawaddy Divisional Court (Assistant Divisional Judge U Myint Thein) rejected the leave to appeal of the men's lawyer in both of the cases against them.

The same judge and court on the same day also rejected the request to appeal of U Myint Naing, one of the six, against the acquittal of six men accused over an assault on him and another person on 18 April 2007 (see UA-135-2007 and UP-082-2007).

Earlier, a request for leave to appeal against a conviction for "illegal tuition" of Ko Min Min, another member of the same Human Rights Defenders and Promoters (HRDP) group, was likewise refused by the Pegu (Western) Divisional Court (Assistant Divisional Judge U Maung Maung) on 2 October 2007. 

It is understood that the men will all now lodge appeals in the Supreme Court.

MORE IMPRISONED:

Since the protests in Burma during August, another 13 members of the HRDP group are also reported to have been detained, including the organisation's head, who at last report was being held in a police lock up (see AHRC-OL-035-2007).

Another member of the group, Ko Soe Win, was sentenced to four years in prison on October 11 (UP-136-2007). However, according to information received from the Yoma 3 news group (Thailand), on October 24 the case was retried and he was released. We will update further on this case later when we have confirmed the details.

Similarly, Yoma 3 has obtained information that another three male members of the HRDP group have been imprisoned for assisting with the protests. They are believed to be Ko Htay Naing Lin and Ko Chan Aung of Indaw, Sagaing Division, upper Burma, sentenced to two years' imprisonment each on October 16 for inciting public fear or alarm (section 505[b] of the Penal Code), and Ko Zaw Lin of Katha, Sagaing, convicted together with elected member of parliament U Myint Kyi on October 18 under the same charge and sentenced for the same period of imprisonment. Again, we will issue an appeal on these cases once sufficient details are available.

Please refer to previous appeals and contents on the Burma Protests campaign page for action that you can take.

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-144-2007
Countries :
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.