URGENT APPEAL - THE OBSERVATORY
New information
MMR 005 / 0813 / OBS 072.2
Early release / Arbitrary detention /
Judicial harassment
Burma / Myanmar
August 21, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Burma / Myanmar.
New information :
The Observatory has been informed by reliable sources of the release of Mr. Tin Maung Kyi, a member of the Movement for Democracy Current Force (MDCF), a community-based organisation that advocates against land-grabbing and other human rights violations.
According to the information received, Mr. Tin Maung Kyi was released in a mass presidential amnesty of 6,966 prisoners on July 30, 2015. Only 13 of those released were political prisoners.
However, other MDCF members remain behind bars. In particular, MDCF leader Mr. Htin Kyaw remains in detention, serving multiple prison sentences totalling 13 years and four months, handed down in 2014 for exercising his right to peaceful assembly (see background information).
MDCF member Mr. Zaw Win also remains in prison, serving a one year and six month sentence (see background information).
The Observatory welcomes the release of Mr. Tin Maung Kyi, and thanks all the individuals, institutions, and organisations that intervened in his favour. However, the Observatory deeply regrets that he was arbitrarily detained for over one year before being released.
The Observatory strongly condemns the detention and judicial harassment of Messrs. Htin Kyawand Zaw Win,which merely aim at sanctioning their peaceful human rights activities, and calls for their immediate and unconditional release.
The Observatory also urges the Burmese authorities to implementthe decision of the UN Working Group on Arbitrary Detention, issued in November 2013, calling for the release of Mr. Htin Kyaw after concluding thathis detention was arbitrary (see background information).
Background information :
Mr. Htin Kyaw was first detained in 2007 for leading demonstrations calling for improved healthcare and education, lower prices for basic food commodities, and religious freedom.
On November 17, 2008, he was sentenced to 12 years and six months in prison and then released in an amnesty in January 2012.
He continued his activism and was re-arrested on August 2, 2013, for organising a protest against land grabs.
In October and November 2013, courts in various jurisdictions sentenced him to at least 33 months in jail.
In November 2013, the UN Working Group on Arbitrary Detention determined that his detention was arbitrary and urged the government to release him [1].
On December 11, 2013, he was released in a presidential amnesty but authorities re-arrested him the same day on sedition charges. He was eventually released in another presidential amnesty on December 31, 2013 [2].
In early May 2014, Messrs. Htin Kyaw, Tin Maung Kyi, and Zaw Win were arrested for a series of protestsbetween February and May 2014, during which they distributed leaflets critical of the government and called on Members of Parliament to resign. From June 24 to September 11, 2014, 10 different townships courts in Rangoon sentenced Htin Kyaw to a total of 10 years and six months in prison under Article 505(b) of the Criminal Code for his involvement in the protests.
In June and July, 2014, three different township courts in Rangoon sentenced Messrs. Tin Maung Kyi and Zaw Win to a total of one year and six months in prison under Article 505(b) of the Criminal Code for their participation in the above protest.
In 2014, Mr. Htin Kyaw was also sentenced in relation to his land rights activities. For example, on June 4, 2014, Rangoon’s Kyauktada Township Court sentenced Mr. Htin Kyaw to three months in prison under Article 18 of the Act on the Right to Peaceful Assembly and Peaceful Procession for protesting forced evictions in Rangoon’s Hlegu Township. On July 9, 2014, Rangoon’s Bahan Township Court sentenced him to an additional three months in prison under Article 18 of the same law, after the authorities contended his attempt to meet with Daw Aung San Suu Kyi on April 3 to discuss a land eviction case constituted an unauthorised protest.
From June 4 to October 30, 2014, Mr. Htin Kyaw received 14 sentences under Article 18 of the Act on the Right to Peaceful Assembly and Peaceful Procession and Article 505(b) of the Criminal Code in connection with his peaceful protest activities [3] . His sentences totalled 13 years and four months in prison.
Actions requested :
Please write to the Burmese authorities, urging them to :
i. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Burma, including Messrs. Htin Kyaw, Zaw Win, and Tin Maung Kyi ;
ii. Immediately and unconditionally release Messrs. Htin Kyaw and Zaw Win since their detention is arbitrary as it only aims at sanctioning their legitimate human rights activities ;
iii. Put an end to all acts of harassment, including at the judicial level, against Messrs. Tin Maung Kyi, Htin Kyaw and Zaw Win, as well as against all human rights defenders in Burma / Myanmar ;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its :
– Article 1, which stipulates that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” ;
– Article 5(a), which foresees that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels : to meet or assemble peacefully” ;
– Article 12.1, which states that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms” ;
– Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration” ;
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights, and with the international and regional human rights instruments ratified by Burma / Myanmar.
Addresses :
· U Thein Sein, President of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR
· Lt Gen Ko Ko, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR
· U Win Mra, Chairman of the Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township, Yangon, Republic of the Union of Myanmar ; Email : chmyanmarnhrc@gmail.com
· Dr. Tun Shin, Attorney General, Office of the Attorney General, Office No. 25, Naypyitaw, MYANMAR ; Email : ago.h.o@mptmail.net.mm
· U Tun Tun Oo, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR ; Email : scunion@mptmail.net.mm
· Maj Gen Zaw Win, Director General, Myanmar Police Force, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR
· H.E. Mr. Maung Wai, Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland. Fax : +41 22 732 89 19, +41 22 732 73 77, Email : mission@myanmargeneva.org
· Embassy of Myanmar in Brussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax : +32 (0)32 2 705 50 48, Email : mebrussels@skynet.be
Please also write to the diplomatic representations of Burma in your respective countries.
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Paris-Geneva, August 21, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.