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:
According to the information received, on October 7, Mr. Kyaw Hla Aung was released from the Sittwe Prison in Arakan/Rakhine State. He was granted a presidential amnesty in accordance with Section 401 of the Criminal code which also authorises the President to order Mr. Kyaw Hla Aung to serve the remainder of his original sentence if he fails to fulfil the conditions of his release. Before being released, Mr. Kyaw Hla Aung had to sign a pledge committing not to take part in other “crimes or illegal activities.”
Kyaw Hla Aung had been detained since July 15, 2013, when authorities in Sittwe Township arrested him in connection with a protest by internally displaced Rohingya against attempts by the government to register them as ‘Bengali’ in April 2013. On September 26, 2014, the Sittwe District Court sentenced Kyaw Hla Aung to one year and six months in prison on charges of rioting in connection with the April 2013 protest.
The Observatory welcomes the release of Mr. Kyaw Hla Aung and thanks all the individuals, institutions, and organisations that intervened in his favour. However, the Observatory regrets that he was arbitrarily detained for more than a year before being released and that his released was conditional and reiterates its concern about the criminalisation of human rights defenders who are as accused of taking part in crimes and illegal activities.
The Observatory more generally reiterates its call on the Burmese authorities to put an end to all acts of harassment – including at the judicial level – against all human rights defenders in Burma, and to comply with all international human rights standards and international instruments ratified by Burma, in particular the United Nations (UN) Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.
Background information:
In 1986, Mr. Kyaw Hla Aung was imprisoned for two years for writing an appeal to the authorities on behalf of local farmers whose land had been confiscated. In 1990, he was arrested during a crackdown on Rohingya activists and spent the next 10 years in jail. In June 2012, Government authorities detained him, along with several other Rohingya aid workers, for his alleged involvement in the sectarian unrest that hit Arakan State. He was released in August 2012.
On April 26, 2013, the local government of Arakan/Rakhine State undertook a survey of Muslim IDPs in Sittwe Township in order to provide the authorities with population data. The authorities required Muslim Rohingya to be recorded as “Bengalis,” a term that is perceived as derogatory and that the government routinely uses to describe Rohingya.
After some members of the community being surveyed contested being called “Bengali”, violence ensued. Clashes between Rohingya IDPs and immigration officials during the protests forced the authorities to suspend the registration process.
The events related to April 26 have since been used as a pretext to falsely prosecute Mr. Kyaw Hla Aung.
Mr. Kyaw Hla Aung was re-arrested on July 15, 2013 by police officers in Sittwe Township. He was arbitrarily detained without charges at Sittwe Police Station No. 1 and denied access to his family and lawyers.
On September 26, 2014, Mr. Kyaw Hla Aung was sentenced by the Sittwe District Court to one year and six months in prison on charges of rioting (Article 147 of the Criminal Code) in connection with the April 26, 2013 protest at Thetkalpyin IDP camp in Sittwe Township. However, Mr. Kyaw Hla Aung was not present during the protest and had, in fact, tried to contact camp leaders in order to advise them to keep the demonstration peaceful.
Former United Nations Special Rapporteur on human rights in Burma Tomás Ojea Quintana, who repeatedly called for Mr. Kyaw Hla Aung’s release, described him as a prisoner of conscience and said his detention was arbitrary. Mr. Kyaw Hla Aung suffers from hypertension and stomach problems that require regular medication.
Actions requested:
Please write to the authorities of Burma, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Kyaw Hla Aung, as well as of all human rights defenders in Burma/Myanmar;
ii. Put an end to acts of any acts of harassment, including judicial harassment, against him as well as against all human rights defenders in Burma/Myanmar;
iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its:
– Article 1, which provides 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 6(a), which foresees 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”;
Addresses:
· U Thein Sein, President of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR; Fax: + 95 1 652 624
· Lt. Gen Ko Ko, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Fax: +95 67 412 439
· U Win Mra, Chairman of the Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township, Yangon, Republic of the Union of Myanmar; Fax: +95-1-659668
· Dr. Tun Shin, Attorney General, Office of the Attorney General, Office No. 25, Naypyitaw, MYANMAR; Fax: +95 67 404 146/ 106
· U Tun Tun Oo, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Fax: + 95 67 404 059
· U Kyaw Kyaw Htun, Director General, Myanmar Police Force, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Fax: +951 549 663 / 549 208
· 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, October 15, 2014
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a 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.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29