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 on the following situation in Burma.
New information:
The Observatory has been informed by Burma Partnership and Assistance Association for Political Prisoners – Burma of the sentencing of Mr. U Aung Soe, a member of Yangon People’s Support Network, which campaigns for the respect of rule of law and democracy in Burma and has been involved in the campaign against the Letpadaung project, along with Messrs. Ko Soe Thu and U Maung San, two villagers, for their participation in peaceful protests against the Letpadaung copper mining project in Salingyi Township, Sagaing Region, a joint venture between the Burmese military’s Union of Myanmar Economic Holdings Limited (UMEHL) and Wan Bao Company which led to the displacement of farming families in 26 villages from their land, with more than 7,000 acres confiscated in 2010.
According to the information received, on July 8, 2013, Shwebo Township Court sentenced Mr. U Aung Soe to an additional 10 years imprisonment under Sections 505(b) (intent to cause alarm to the public) [1], 295 and 295(a) (intent to insult a religion), and 333 (voluntarily causing grievous hurt to deter public servant from his duty) of the Penal Code, increasing his total sentence to eleven years and six months (see background information). Messrs. U Maung San and Ko Soe Thu were sentenced to two years’ imprisonment each under Sections 505(b) and 333, making their total sentence to two years and six months each in prison.
As of issuing this Urgent Appeal, Messrs. U Aung Soe, U Maung San and Ko Soe Thu remain detained at the Shwebo prison. Their lawyer appealed the sentence.
Since their initial sentencing on June 1, 2013, the three human rights defenders have been made to stand trial every few days. On June 24, their hearing was cut short (to approximately three minutes) due to “security reasons”, whereby the defendants were made to return to their prison cells in Shwebo prison. While no further information was given as to the nature of the security risks, it is believed the hearing was cut short because about 30 farmers planned to attend the hearing alongside the defendants’ family members.
It should be noted that the three human rights defenders did not have a defensive lawyer present for the entirety of their court hearings. Lawyer [2] made repeated attempts to gain power of attorney but was denied access to his clients. When he finally was able to meet with the three in prison to gain power of attorney, it was agreed that he would attend the next hearing to defend the three. When he showed up at court for the hearing on July 8, Mr. U Aung Thurein Tun learned that the three had already been sentenced. In addition, when lawyer U Aung Thurein Tun visited the three in prison, he was photographed by one prison official, two prison wardens, and two plain-clothes authorities. A total of eight photos were taken of the lawyer. Mr. U Aung Thurein Tun asked for the names of the plain-clothes authorities but they refused to reveal that information. All five authorities were present during the conversation between the lawyer and the clients. The conversation was recorded by the authorities. All this contravenes the principle of lawyer-client conversation confidentiality.
This is the first time since the so-called democratic reforms initiated in 2011-2012 that human rights defenders have been sentenced to such lengthy prison terms. The Observatory expresses its deepest concern about the sentences against Messrs. U Aung Soe, U Maung San, and Ko Soe Thu, as they seem to merely aim at sanctioning their human rights activities. The Observatory therefore calls for their immediate and unconditional release.
Background information:
In 2012, peaceful protests began against the Letpadaung copper mining project and were heavily repressed by the autorities. In November 2012, the police used smoke bombs to disperse the crowd, injuring dozens of demonstrators, including monks, and triggering a national outcry. Activists have been facing harassment since protest began.
On April 25, 2013, villagers in the Letpadaung area tried to plough their fields but were prohibited by police from entering pursuant to an order issued under Section 144 of the Criminal Procedure Code [3]. The police reportedly opened fire on the crowd and arrested without warrant Messrs. Ko Soe Thu, U Maung San and U Aung Soe. Sagaing Region authorities kept the whereabouts of the three men secret for over 30 days. Only after a closed-door court proceeding, during which they were deprived of access to their lawyers, the whereabouts of the three defenders were revealed.
On June 1, 2013, the Shwebo Township Court sentenced Mr. U Aung Soe to 18 months in prison, Mr. Ko Soe Thu and Mr. U Maung San to six months’ imprisonment on charges under Section 188 of the Penal Code (disobedience of an order promulgated by a public servant). All of them were also facing additional charges under Sections 505(b), 295 and 295(a) and 333 of the Penal Code. Their lawyer appealed the sentence.
Warrants were also issued for the arrests of eight other human rights defenders and villagers on charges of “inciting protests”, namely Han Win Aung, a member of the Political Prisoners Families’ Beneficial Network, Thaung Taik Oo, a member the Yangon Institute of Technology Students Union, as well as six members of the Yangon People’s Support Network: Ko Aung Soe, Ba Htoo, Thar Kyi, Ko Latt, Thaw Zin and Ko Thu.
On May 8, 2013, because villagers had become afraid of police raids, Messrs. [4], a member of Generation Wave Youth Force, 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, and that campaigns against the Letpadaung copper mine project, and have brought the campaign to national attention, Wai Lu and Wai Hmuu Thwin, members of Yangon People Support Network, along with Mr. Aung Thu, a member of the 1988 Student Generation, went to Monywa to calm tensions. They informed police of their intentions in this regard. While they were there, some local reporters interviewed Messrs. Moe Thway, Wai Lu and Wai Hmuu Thwin. During the interview, observed by police from the Special Branch, the three human rights defenders gave their opinions on the use of Section 144 to keep the villagers from ploughing their fields, opinions which were perceived as damaging the police and government’s credibility.
On June 13, 2013, the Monywa Court issued arrest warrants against Messrs. Moe Thway, Wai Lu and Wai Hmuu Thwin under Section 505 (b) of the Penal Code. These arrest warrants are reportedly linked to statements the three human rights defenders had made about the Letpadaung copper mine project.
On June 15, 2013, Mr. Moe Thway received a phone call from Lieutenant Khin Zaw Latt, Deputy Township Police Commander from the Monywa Police Station 1, who had requested the court to issue the arrest warrants and who summoned the three human rights defenders to appear at Monywa Police Station 1. In the morning of June 23, Lieutenant Khin Zaw Latt travelled to Rangoon and went to Mr. Wai Lu’s house with Rangoon police and Special Branch officers. As Mr. Wai Lu was not present, Special Branch officers were then posted at his house.
The Observatory condemns the arrest warrants and judicial harassment against the above-mentioned human rights defenders, which seems to merely aim at sanctioning their 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 Messrs. Ko Soe Thu, U Maung San, U Aung Soe, Moe Thway, Wai Lu, Wai Hmuu Thwin, Ko Aung Soe, Ba Htoo, Thar Kyi, Ko Latt, Thaw Zin, Ko Thu, Han Win Aung and Thaung Taik Oo, as well as of all human rights defenders in Burma;
ii. Release Messrs. U Aung Soe, Ko Soe Thu and U Maung San 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 any acts of harassment, including at the judicial level, against them as well as against all human rights defenders in Burma;
iv. Publicly express concern about the repression of human rights activists and of those protesting against the mining project;
v. 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”;
vi. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights, ratify international and regional human rights instruments and undertake human rights impact assessment of the Letpadaung mining project with a view to identifying, preventing and mitigating any adverse human rights impacts linked to the project and engaging into meaningful consultations of local communities affected by the project.
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; Tel: +95 67 412 079/ 549 393/ 549 663; 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; Tel: +95 67 404 088/ 090/ 092/ 094/ 097; Fax: +95 67 404 146/ 106
· U Tun Tun Oo, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145; Fax: + 95 67 404 059
· U Kyaw Kyaw Htun, Director General, Myanmar Police Force, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Tel: +95 67 412 079/ 549 393/ 549 663; 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.