URGENT APPEAL - THE OBSERVATORY
New information
MMR 001 / 0214 / OBS 009.2
Release
Burma
October 17, 2014
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.
New Information:
The Observatory has been informed by reliable sources about the release of Mr. Thaw Zin, a member of the Yangon People’s Support Network and an activist campaigning for farmers affected by the Letpadaung copper mine in Salingyi Township, Sagaing Region [1].
According the information received, on September 26, Mr. Thaw Zin was released from Monywa prison.No reason was given for his early release.
The Observatory welcomes the release of Mr. Thaw Zin and thanks all the individuals, institutions, and organisations who intervened in his favour. However, the Observatory regrets that he was arbitrarily detained for more than seven months before being released.
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:
Peaceful protests that began in August 2012 against the Letpadaung copper mine were heavily repressed by the authorities on several occasions. In November 2012, police used white phosphorus bombs to disperse peaceful protestors, injuring dozens, including Buddhist monks.
Mr. Thaw Zin had previously been detained in 2013 under Article 18 of the Peaceful Assembly and Peaceful Procession Law, for organising protests without obtaining the authorities’ prior permission [2]. The charge was subsequently dropped under a presidential amnesty announced on December 31, 2013.
On February 11, 2014, at about 10 am, six plain-clothed police officersarrested Mr. Thaw Zin in Salingyi Township. Shortly after the arrest, about 100 villagers marched to the Nyaungpingyi police station, calling for Mr. Thaw Zin’s release, but the authorities declined to explain the reasons of the arrest. Later, the police only confirmed that Mr. Thaw Zin had been sent to Monywa prison.
In March 2014, Mr. Thaw Zin was sentenced to 15 months in prison under Article 447 (trespassing) and 505(b) (disturbing public tranquillity) of the Criminal Code for his role in helping local villagers protest against land seizures related to the Letpadaung copper mine.
Actions requested:
Please write to the authorities of Burma, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Thaw Zin, 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 ofthe 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 17, 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