Dear friends,
The Asian Human Rights Commission (AHRC) has received further information from the Yoma-3 news service, Thailand about a young man and his cousin (earlier reported as brother) who were jailed in Burma after complaining about a police assault because of a pro-democracy tattoo one of the men bears (UA-81-2005). According to the latest information, a police officer has been sentenced to one month’s rigorous imprisonment for the assault, although at this stage it is not known whether or not any action has been taken against him. Meanwhile, one of the two men is reported sentenced to a year in prison for breaching an earlier order restricting his movement.
Please write to the attorney general of Burma to ensure that the police officer concerned be punished in accordance with the court order, and to urge for a review of the case against the one man still imprisoned.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Victims:
1. Ko Zaw Win, 27, residing in Ward No. 18, Hlaingthayar Township, Rangoon; released
2. Ko Min Zaw Oo, 35 (older first cousin of Ko Zaw Win); sentenced to one-year’s imprisonment under section 41 of the Criminal Procedure Code
Alleged Perpetrators:
1. Police Sergeant Myint Oo, Hlaingthayar police, Hlaingthayar Township, Rangoon; sentenced to one-month’s rigorous imprisonment under sections 323/324 of the Penal Code
2. Fireman Nyo Win
According to the latest information received by the AHRC, Ko Zaw Win complained to the court about the assault on him and his Ko Min Zaw Oo by Pol. Sgt. Myint Oo and his associate, Fireman Nyo Win, in a Rangoon restaurant on April 29 and subsequent eight-days’ illegal detention. The Hlaingthayar Township Court accepted the case and began hearing it on May 9. On May 27, Judge U Hla Oo found Pol. Sgt. Myint Oo guilty of assault and sentenced him to one-month in jail with hard labour. It is not known if any sentence was passed against Nyo Win. However, according to the information given, it is unclear as to whether or not the police authorities have carried out the sentence as instructed and taken Pol. Sgt. Myint Oo under custody, or otherwise.
Meanwhile, Ko Min Zaw Oo is reported to have been given a one-year jail term for violating an earlier order restricting his movement. According to the information given, Ko Min Zaw Oo had worked in North Okkalapa Township in Rangoon, and as it is quite far from Hlaingthayar Township, he sometimes slept there. Under Burma’s onerous laws and regulations to monitor the movements and activities of citizens, if a person sleeps in another person’s house outside of their registered township as a guest, they have to go to the ward or village office and register their name for the night. After Ko Min Zaw Oo had not done this on one occasion he was arrested by the township police and handed over to the Hlaingthayar station. He then was placed under a custodial order preventing him from travelling outside his local ward (township sub-district). The police have now accused him of breaching that order, and have kept him in jail. Ko Zaw Win has alleged that Ko Min Zaw Oo has been kicked and beaten while in the jail, and that he is suffering from ill health.
SUGGESTED ACTION:
Please write to the attorney general to urge that the police officer found guilty of assault by the court be punished in accordance with its orders. Please also call for the release from detention of Ko Min Zaw Oo, as well as for an investigation into allegations that he was beaten in prison. A suggested letter follows. Please note that for the purposes of this letter, the country should be referred to as Myanmar, rather than Burma, and the capital Yangon rather than Rangoon.
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Dear Dr Tun Shin
Re: Case of Pol. Sgt. Myint Oo in Hlaingthayar Township Court, Yangon, and continued detention of Hlaingthayar resident Ko Min Zaw Oo
I have been informed that on May 27 the Hlaingthayar Township Court (Judge U Hla Oo presiding) found Police Sergeant Myint Oo guilty under Penal Code sections 323/324 of having assaulted two local residents, Ko Zaw Win (27) and Ko Min Zaw Oo (35) on April 29.
Pol. Sgt. Myint Oo has been sentenced to one-month’s rigorous imprisonment, and it is incumbent upon the judicial authorities in Myanmar to ensure that this sentence be properly carried out. I am concerned that as the convicted person is a police officer, there may be efforts by the local authorities to obstruct justice and prevent the sentence from being completed. I urge you to ensure that this not be the case and take steps to make sure that the officer be punished in accordance with the court’s order.
I have also received information to the effect that one of the two assault victims, Ko Min Zaw Oo, is still in jail on the ground of having violated a section 41 order restricting his movement. I need not point out to you that freedom of movement is a fundamental principle of international human rights norms, which should not be curtailed without undue cause. In this particular instance, I understand that the restriction order was given in relation to a relatively minor infraction, inevitably with effect of undermining the ability of Ko Min Zaw Oo to earn a livelihood. I urge you to examine this case with a view to ordering the release from detention of Ko Min Zaw Oo and the lifting of any restrictions placed upon him. I also urge you to initiate an investigation into allegations that he was beaten while in prison.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Dr Tun Shin
Director General
Office of the Attorney General
101 Pansodan Street
Kyauktada Township
Yangon
MYANMAR
Fax: + 95 1 371 028 / 282 990 / 282 449
PLEASE SEND COPIES TO:
1. Lt General 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. Maj-Gen Maung Oo
Chairman
Myanmar Human Rights Committee
c/o Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Fax: +95 1 549 663 / 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.: +95 1 662 613 / 664 524
Fax: (+951) 650 117
4. Mr. Paulo Sergio Pineheiro
Special Rapporteur on Myanmar
Attn: Ms. Hulan Tsedev
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018
E-mail: htsedev.hchr@unog.ch
5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
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