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:
According to the information received, on July 30, 2013, Mr. Ko Htin Kyaw staged a peaceful protest outside the North Oaklapa Court to denounce the seizure of part of the land of three community members, i.e. Mr. U Lu Aye, Ms. Ma Sein Htwe and Mr. Ko Myint Naing, by a businessman, Mr. U Eaik Linn. The three community members also took part in the protest.
On August 2, 2013, three days after the demonstration, the four protesters were summoned to the police station “for a discussion”. Once on the spot, they were charged under Section 505(c) of the Penal Code for “insulting the State” and immediately sent to court, which sanctioned their arrest and sent them to Insein prison.
Mr. Ko Htin Kyaw and the three community members were denied bail and face up to three years’ imprisonment.
The Observatory condemns the arrest and judicial harassment of the three above-mentioned community members and of Mr. Ko Htin Kyaw, which seem 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. Ko Htin Kyaw, of the three above-mentioned community members as well as of all human rights defenders in Burma;
ii. Release Mr. Ko Htin Kyaw and the three community members immediately and unconditionally since their detention is arbitrary as it seems to only aim at sanctioning their human rights activities;
iii. Put an end to acts of any acts of harassment, including at judicial level, against them 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 ratify international and regional 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.
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Paris-Geneva, August 8, 2013
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