MMR 002 / 0713 / OBS 065
Arbitrary arrest / Judicial harassment
Burma
July 16, 2013
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), requests your urgent intervention in the following situation in Burma.
Brief description of the situation:
The Observatory has been informed by reliable sources about the arrest of Mr. Wai Phyo, Secretary of Generation Wave, a network of human rights defenders that campaigns for civil and political rights, including the signature of the International Covenant on Civil and Political Rights by Burma, in relation to his participation in a “Free Political Prisoners” poster campaign organised in July 2011 in several cities.
According to the information received, on July 10, 2013, Mr. Wai Phyo was arrested by the Chief of Pyay township police station for offences under the 1962 Printing and Publications Registrations Act for distributing unlawful printed documents in Pyay in July 2011. The police took him to Pyay Township Court and asked the court to detain him for interrogation for two weeks. On July 12, Mr. Wai Phyo was taken to court again where his lawyer requested bail. The judge denied the request and gave the next court date of July 25. Mr. Wai Phyo is currently detained at Pyay Prison. He has access to his lawyer and family.
The Observatory recalls that two other members of Generation Wave, Messrs. Zar Ni and Wai Phyo Aung, were arrested in July 2011 in relation to the above-mentioned poster campaign and sentenced to three months of imprisonment and a 30,000 Kyats (23.4 Euros) fine in February 2012. The court did not count that they had already been detained for seven months by the time of the trial, so they paid 30,000 Kyats each and were released. At the time, an arrest warrant was also issued against Mr. Wai Phyo, who led the poster campaign in Pyay, but managed to escape the arrest.
The Observatory condemns Mr. Wai Phyo’s arrest and judicial harassment, which seems to merely aim at sanctioning his peaceful human rights activities.
Actions requested:
Please write to the authorities of Burma, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Wai Phyo, as well as of all human rights defenders in Burma;
ii. Release Mr. Wai Phyo immediately and unconditionally since his detention is arbitrary as it seems to only aim at sanctioning his human rights activities;
iii. 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;
iv. 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”;
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 international human rights instruments.
Addresses:
· U Thein Sein, President of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR; Fax: + 95 1 652 624
· U Hla Min, 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.