AHRC Urgent Appeals
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-038-2009
1 April 2010
---------------------------------------------------------------------
BURMA: Woman and man unfairly convicted for alleged contact with outlawed group
ISSUES: Rule of law; judicial system; illegal detention; torture
Dear friends,
Even as the military regime in Burma is preparing for a general election, it is continuing to torture and imprison perceived opponents with impunity. In this appeal the Asian Human Rights Commission (AHRC) brings you details of another flagrantly unfair and politically predetermined trial, this time of a man and a woman accused of having contact with an anti-government group based in Thailand. The two, Ma Thanda Htun and Maung Nyo, were unlawfully detained for over a month before being brought to a closed court where they were convicted without evidence to five years in prison each.
CASE DETAILS:
In August 2009, Special Branch police arrested both Ma Thanda Htun, 27, and Maung Nyo, 32, in Mandalay and accused them of having travelled to Thailand to meet with members of a Buddhist monks' group that is in opposition to the military dictatorship in Burma.
Although both of the accused had been involved in arranging for support, together with religious groups, for victims of Cyclone Nargis in 2008 the police had no sound evidence to link them to alleged crimes. Instead, they took the accused to an interrogation centre where they kept them illegally for over a month, during which time they allegedly tortured the two to get false confessions.
After that, the police transferred the two to Rangoon where they were put on trial inside the central prison, at Insein, even though according to the law they should have been tried in Mandalay, where they were arrested. After a patently unfair trial, in March 2010 they were found guilty and sentenced to five years in jail.
Further details of the case are in the sample letter below, as usual.
BACKGROUND INFORMATION:
The AHRC has this year issued a number of appeals on evidence-free cases in the courts of Burma. See the case of Ngwe Soe Linn, jailed for non-existent video footage (AHRC-UAC-023-2010); two cases involving 20 people who were allegedly tortured and tried without evidence (AHRC-UAC-016-2010; AHRC-UAC-011-2010); concocted charges against human rights defender Ma Sandar and her husband (AHRC-UAU-007-2010).
American citizen Kyaw Zaw Lwin (a.k.a. Nyi Nyi Aung), on whom the AHRC issued an appeal (AHRC-UAC-004-2010) also spoke of being tortured and being subjected to cruel and inhuman treatment after his repatriation to the US following heavy intervention from the government of his adopted country: see Democratic Voice of Burma news report.
Although these cases are mainly against political activists and human rights defenders, they are indicative of wider and deeper systemic problems across institutions in Burma that are a consequence of decades of military rule there. For further discussion see articles and special reports on the article 2 website:http://www.article2.org/search.php again search for Burma/Myanmar; and, see the 2009 AHRC annual report on Burma.
To browse hundreds of other Burma-related appeals issued by the AHRC, go to the appeals homepage and type "Burma" or "Myanmar" into the search box: http://www.ahrchk.net/ua/.
The AHRC Burmese-language blog, Pyithu Hittaing, is also updated constantly for Burmese-language readers, and covers the contents of urgent appeal cases, related news, and special analysis pieces.
______________________________
SUGGESTED ACTION:
Please write to the persons listed below to call for the release of Thanda Htun and Maung Nyo. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Yangon rather than Rangoon.
Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar, and independence of judges and lawyers, the UN Working Group on Arbitrary Detention, as well as the regional human rights office for Southeast Asia calling for interventions into this case.
SAMPLE LETTER:
Dear ___________,
MYANMAR: Unlawful detention and unfair trial of two persons
Victims:
1. Maung Nyo, 34, English tuition teacher, residing in East Thirihema Ward, Chan-aye-tharzan Township, Mandalay
2. Ma Thanda Htun, 27, tour guide, residing in Mingalar-yenyunt Ward, Aungmyay-tharzan Township, Mandalay
Special Branch police involved:
1. Police Captain Myo Thant, Serial No. La/127891 (prosecuting officer)
2. Inspector Thet Tin, Underground Unit, Internal Affairs Department
3. Inspector Khin Myint, Serial No. La/126459, Myawaddy Special Detachment
4. Inspector Htun Oo Thein, Serial No. La/139240, Investigations, Myawaddy
5. Sub-Inspector Win Kyaw, Serial No. La/151155, External Affairs Department
6. Sub-Inspector Myint Hlaing, Serial No. La/149703, Upper Myanmar Division
7. Sub-Inspector San Lin, Mandalay
Charges and trial:
Yangon Western District Court (Special Court), Judge U Tin Htun (Serial No. Ta/1780, Deputy District Judge No. 3) presiding, sentenced on 24 March 2010 to three years each under section 13(1) of the 1947 Immigration (Emergency Provisions) Act, and two years each under section 7 of the 1988 Organisations Law, to be served concurrently
I regret to learn that two more persons have been sentenced to imprisonment in Myanmar after being illegally detained and unfairly tried in violation of not only international but also domestic law, and I call for their urgent release.
According to the information that I have been given, Special Branch police, including those officers listed above, accused the two persons, Maung Nyo and Ma Thanda Htun, of in 2008 and 2009 having travelled illegally to Thailand where they met with members of a group of Buddhist monks opposed to the government of Myanmar, for which they have been sentenced to five years' jail.
However, the detention and trial of the two accused were seriously flawed, for the following reasons:
1. The police took the two accused into custody on 3 August 2009. But a case was not opened against them until 11 September 2009. During this time they were illegally detained at an interrogation centre where they were allegedly tortured to extract confessions.
2. There was no firm evidence against either of the accused. Aside from the confessions evidently extracted through torture that are legally inadmissible, the police had no material evidence of any crimes. The 11 prosecution witnesses consisted only of the police, a couple of low-ranking council officials and two witnesses to the search and seizure of property at time of arrest. There were no independent or credible witnesses to any crime. Also, witnesses that should have been called, namely, officials from the immigration office in Myawaddy, were not: instead they just sent documentary information, which is not acceptable as primary evidence because it denies the defence of the right to make a cross-examination.
3. The trial was conducted in a closed court in violation of the Judiciary Law of 2000 under which hearings should be held in open court. Actually, the authorities in Myanmar have repeatedly and flagrantly violated this provision of their own law on orders from the Supreme Court even though the court has no power to issue such orders, which are anyhow contrary to international standards on the conduct of trial.
4. The two accused are residents of Mandalay and they allegedly committed the crimes at the border of Thailand, but they were incorrectly brought to the central prison in Yangon for the trial without correct authorization (Criminal Procedure Code, sections 177, 178).
In view of the above facts, I call for an urgent review of this case and for the immediate release from custody of these two persons. I also call for an investigation into the alleged torture and illegal detention conducted by the Special Branch police in this case with a view to criminal prosecutions being launched against those officers concerned in these crimes.
Finally, I take this opportunity to remind the Government of Myanmar of the need to allow the International Committee of the Red Cross access to places of detention, in accordance with its globally recognized mandate, without any further delay. I find it remarkable that at a time that the government of Myanmar is claiming to prepare for a general election and a changeover of power to civilian authorities, it is continuing even to deny the ICRC access to prisons where thousands of persons accused of anti-government activities are being held, reportedly in sub-human conditions. The continued imprisonment of these persons and denial of access to them does nothing to give any confidence that the planned election will be either free or fair, or bring about any genuine change for the better in Myanmar.
Yours sincerely
---
PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. Maung Oo
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
2. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
3. U Aung Toe
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
4. U Aye Maung
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
5. Brig-Gen. Khin Yi
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
donderdag 1 april 2010
donderdag 25 maart 2010
Verdict - 5 years.........
On wednesday 23 march Thanda Tun and Ko Maung Nyo received a 2 years for section 7 of associations act and 3 years for immigration act's section 13 (1) . total 5 years.
woensdag 17 maart 2010
zondag 21 februari 2010
On the List of AAPP
AAPP
1461 Thanda Tun (F) U Tun Kyaing 7, 13/1, 24/1 Under Trial PrivateTuitor (English) Insein Aung Myay Thar Zan, Mandalay 3-sep-09
492 Ko Nyo 7, 13/1, 24/1 Under Trial Insein Mandalay 3-sep-09
1461 Thanda Tun (F) U Tun Kyaing 7, 13/1, 24/1 Under Trial PrivateTuitor (English) Insein Aung Myay Thar Zan, Mandalay 3-sep-09
492 Ko Nyo 7, 13/1, 24/1 Under Trial Insein Mandalay 3-sep-09
vrijdag 19 februari 2010
U Gaw Thita sentenced to 7 years
Burma jails Buddhist abbot: opposition
19 February 2010 | 05:38:09 PM | Source: AAP
A Burmese prison court sentenced a Buddhist abbot to seven years in prison, an opposition source said, as a UN rights envoy wrapped up a visit to the military-ruled nation.
Gaw Thita was arrested in August as he returned from a trip to Taiwan and convicted at Rangoon's notorious Insein Prison on Wednesday on three charges including unlawful association, the source said.
"He was sentenced to seven years' imprisonment on Wednesday at a special court in Insein Prison," Aung Thein, a former lawyer for the opposition National League for Democracy party, told AFP on Friday.
"He was sentenced to three years under the Immigration Emergency Act, two years under the Unlawful Association Act and two years under the Foreign Exchange Regulation Act. He has to serve the prison terms consecutively," he said.
Seven other monks arrested with Gaw Thita on August 26 at Rangoon International Airport were later released without charge and the reasons for his initial detention were not clear, Aung Thein said.
"His lawyer says he will appeal for U Gaw Thita soon," Aung Thein said. U is a Burmese-language term of respect.
"He did not break any immigration law as he used his valid passport. Also there was no evidence of unlawful organisation," he said.
Burma's military regime has handed out dozens of tough jail sentences to people involved in the so-called "Saffron Revolution" led by Buddhist monks in 2007.
At least 31 people were killed as security forces cracked down on protesters after the biggest threat to the junta's grip on power in nearly two decades.
The sentencing came during a visit to Burma by UN envoy Tomas Ojea Quintana, who is in the country to inspect the regime's progress on human rights ahead of elections promised later this year.
19 February 2010 | 05:38:09 PM | Source: AAP
A Burmese prison court sentenced a Buddhist abbot to seven years in prison, an opposition source said, as a UN rights envoy wrapped up a visit to the military-ruled nation.
Gaw Thita was arrested in August as he returned from a trip to Taiwan and convicted at Rangoon's notorious Insein Prison on Wednesday on three charges including unlawful association, the source said.
"He was sentenced to seven years' imprisonment on Wednesday at a special court in Insein Prison," Aung Thein, a former lawyer for the opposition National League for Democracy party, told AFP on Friday.
"He was sentenced to three years under the Immigration Emergency Act, two years under the Unlawful Association Act and two years under the Foreign Exchange Regulation Act. He has to serve the prison terms consecutively," he said.
Seven other monks arrested with Gaw Thita on August 26 at Rangoon International Airport were later released without charge and the reasons for his initial detention were not clear, Aung Thein said.
"His lawyer says he will appeal for U Gaw Thita soon," Aung Thein said. U is a Burmese-language term of respect.
"He did not break any immigration law as he used his valid passport. Also there was no evidence of unlawful organisation," he said.
Burma's military regime has handed out dozens of tough jail sentences to people involved in the so-called "Saffron Revolution" led by Buddhist monks in 2007.
At least 31 people were killed as security forces cracked down on protesters after the biggest threat to the junta's grip on power in nearly two decades.
The sentencing came during a visit to Burma by UN envoy Tomas Ojea Quintana, who is in the country to inspect the regime's progress on human rights ahead of elections promised later this year.
dinsdag 16 februari 2010
Myanmar: Buddhist beauty and government oppression
"............As we gazed at the scene below we were approached by three Burmese natives, a woman and two male companions. They started a conversation with the usual “Where are you from?” and “What is your name?” questions. They wanted to practice their English and we were happy to oblige. The woman, Thanda, came from a small village to the north and taught children at a local school. She helped them learn English and computer skills, two keys to escape a life of grinding poverty that most Burmese people face (at least those not connected to the military junta). As it turned out, we would stay in touch with Thanda via e-mail, both during the rest of our 2007 trip to Southeast Asia and after we returned to the U.S........."
maandag 8 februari 2010
Four women activists awaits court verdict
Tuesday, 02 February 2010 22:45 Myint Maung
New Delhi (Mizzima) – District Court in Rangoon’s notorious Insein prison has set February 15 for pronouncing the verdict of four women activists including popular activist Naw Ohn Hla, who are supporters of Aung San Suu Kyi.
The East District Court on Monday announced that it would pronounce the verdict on February 15, after the court had conducted the proceedings for the past four months against the activists.
“We submitted our final arguments. And the court fixed February 15 for pronouncing the verdict,” a defence counsel Kyaw Hoe told Mizzima.
The activists – Naw Ohn Hla, Myint Myint San, Cho Cho Lwin and Ma Cho – were arrested while returning from offering alms to monks in a local monastery and for regularly praying for the release of detained opposition leader Aung San Suu Kyi.
The Rangoon Division Police Special Branch (SB) charged the four of instigating public unrest, under section 505(b) of the Penal Code. They were accused of offering 42 leaflets of the ‘Kamwa’ Buddhist scriptures to abbot U Pamaukha from Magwe Priyatti teaching monastery of Rangoon’s suburban Dagon Township.
“We argued that there are no sufficient evidences against the accused. The prosecutor was not able to present the Buddhist scriptures in court. And neither could they produce the abbot, who was said to have received the scripture, as the prosecution witness. So we argued that the case did not have enough evidences as there are no eye witnesses and no sound and valid evidence against them,” lawyer Kyaw Hoe said.
“We pleaded for their acquittal,” he added.
Kyaw Hoe said, the public prosecutor made no arguments in court but said he would present a written argument later.
“The prosecution has to defend the legal points raised by the defence. But he did not give any counter arguments,” lawyer Kyaw Hoe said.
Naw Ohn Hla, a popular activist have been leading prayer services held at Shwedagon pagoda on Tuesdays, for the release of detained pro-democracy leader Aung San Suu Kyi from her house arrest.
The police arrested her and her three colleagues on October 3 last year, while returning from offering alms at the Magwe priyatti teaching monastery in Dagon Township.
Meanwhile, another five activists were given up to nine years of prison terms by the court last month.
Deputy Abbot U Wayama from Shwezedi monastery in Yenanchaung Town of Magwe Division, U Yeweta from Pali University West Ngwe Taung in Chauk Town, U Withuddha from West monastery of Pakokku Sasana Wipulla Yama, layman Ye Myint and Kyaw Khin from Mandalay and Pegu were given varying prison terms ranging between six to nine years under charges of illegal Associations Acts, Immigration Acts, illegally possessing foreign currency and inciting public unrest.
The five of them were among the eight activists arrested from five townships across the country in August and early September 2009. Reportedly the defendants were sentenced in a trial without a defence counsel to defend them.
The three other activists - Ko Nyo, Thanda Tun and abbot U Gaw Thita – are also charged under Associations Act and Immigration Act and illegally possessing foreign currency. The three are currently facing trial and the court is set to re-examine the recalled witnesses, defence lawyers Kyaw Htay and Kyaw Hoe said.
New Delhi (Mizzima) – District Court in Rangoon’s notorious Insein prison has set February 15 for pronouncing the verdict of four women activists including popular activist Naw Ohn Hla, who are supporters of Aung San Suu Kyi.
The East District Court on Monday announced that it would pronounce the verdict on February 15, after the court had conducted the proceedings for the past four months against the activists.
“We submitted our final arguments. And the court fixed February 15 for pronouncing the verdict,” a defence counsel Kyaw Hoe told Mizzima.
The activists – Naw Ohn Hla, Myint Myint San, Cho Cho Lwin and Ma Cho – were arrested while returning from offering alms to monks in a local monastery and for regularly praying for the release of detained opposition leader Aung San Suu Kyi.
The Rangoon Division Police Special Branch (SB) charged the four of instigating public unrest, under section 505(b) of the Penal Code. They were accused of offering 42 leaflets of the ‘Kamwa’ Buddhist scriptures to abbot U Pamaukha from Magwe Priyatti teaching monastery of Rangoon’s suburban Dagon Township.
“We argued that there are no sufficient evidences against the accused. The prosecutor was not able to present the Buddhist scriptures in court. And neither could they produce the abbot, who was said to have received the scripture, as the prosecution witness. So we argued that the case did not have enough evidences as there are no eye witnesses and no sound and valid evidence against them,” lawyer Kyaw Hoe said.
“We pleaded for their acquittal,” he added.
Kyaw Hoe said, the public prosecutor made no arguments in court but said he would present a written argument later.
“The prosecution has to defend the legal points raised by the defence. But he did not give any counter arguments,” lawyer Kyaw Hoe said.
Naw Ohn Hla, a popular activist have been leading prayer services held at Shwedagon pagoda on Tuesdays, for the release of detained pro-democracy leader Aung San Suu Kyi from her house arrest.
The police arrested her and her three colleagues on October 3 last year, while returning from offering alms at the Magwe priyatti teaching monastery in Dagon Township.
Meanwhile, another five activists were given up to nine years of prison terms by the court last month.
Deputy Abbot U Wayama from Shwezedi monastery in Yenanchaung Town of Magwe Division, U Yeweta from Pali University West Ngwe Taung in Chauk Town, U Withuddha from West monastery of Pakokku Sasana Wipulla Yama, layman Ye Myint and Kyaw Khin from Mandalay and Pegu were given varying prison terms ranging between six to nine years under charges of illegal Associations Acts, Immigration Acts, illegally possessing foreign currency and inciting public unrest.
The five of them were among the eight activists arrested from five townships across the country in August and early September 2009. Reportedly the defendants were sentenced in a trial without a defence counsel to defend them.
The three other activists - Ko Nyo, Thanda Tun and abbot U Gaw Thita – are also charged under Associations Act and Immigration Act and illegally possessing foreign currency. The three are currently facing trial and the court is set to re-examine the recalled witnesses, defence lawyers Kyaw Htay and Kyaw Hoe said.
zondag 7 februari 2010
Burmese monks and activists tried for 2007 anti-junta uprising
Burmese monks and activists tried for 2007 anti-junta uprising
Four monks and a teacher are among the accused. They allegedly took part in the “saffron revolution”, which was crushed in blood. The activists were arrested in September of last year and could get as much as seven years in prison. Currently, more than 250 monks are jailed in Myanmar.
Yangon (AsiaNews/Agencies) – Myanmar’s military junta has charged eight activists for their role in the September 2007 uprising that was crushed in blood, dissident media organisation Democratic Voice of Burma(DVB) reported.
The eight defendants, who include four monks and a schoolteacher, were arrested last September during a crackdown that coincided with the second anniversary of the so-called Saffron Revolution.
Lawyer Kyaw Ho, who represents two of the men, Thandar Htun and Ko Nyo, said that all eight were charged under the Unlawful Associations Act and the Immigration Act, which together carry a maximum seven-year sentence.
The other defendants are Ye Myint, U Yaywata, U Kawthita, U Withudi, U Waryama and Kyaw Khin.
All eight are accused “of having contacts with the All Burma Monks Association and the Generation Wave,” both outlawed by the generals, and “illegally crossing the border to meet with those groups,” said Kyaw Ho.
Five of the men reportedly do not have legal representation. The relatives of the eight have been barred from visiting them since their arrest and have been able to determine the state of their health, the lawyer said.
The Myanmar government in September of last year launched a crackdown on people suspected of fomenting the 2007 uprising. At the time, thousands of civilians, led by monks, initially took to the streets of Yangon to protest against a hike in fuel prices.
The demonstrations quickly became a show of force against the military regime with demands for the release of political prisoners and the adoption of democratic reforms.
The military responded by firing into crowds and killings hundreds, including many Buddhist monks who are held in high regard and venerated by ordinary people.
According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP), more than 250 monks are currently held in Myanmar prisons.
Four monks and a teacher are among the accused. They allegedly took part in the “saffron revolution”, which was crushed in blood. The activists were arrested in September of last year and could get as much as seven years in prison. Currently, more than 250 monks are jailed in Myanmar.
Yangon (AsiaNews/Agencies) – Myanmar’s military junta has charged eight activists for their role in the September 2007 uprising that was crushed in blood, dissident media organisation Democratic Voice of Burma(DVB) reported.
The eight defendants, who include four monks and a schoolteacher, were arrested last September during a crackdown that coincided with the second anniversary of the so-called Saffron Revolution.
Lawyer Kyaw Ho, who represents two of the men, Thandar Htun and Ko Nyo, said that all eight were charged under the Unlawful Associations Act and the Immigration Act, which together carry a maximum seven-year sentence.
The other defendants are Ye Myint, U Yaywata, U Kawthita, U Withudi, U Waryama and Kyaw Khin.
All eight are accused “of having contacts with the All Burma Monks Association and the Generation Wave,” both outlawed by the generals, and “illegally crossing the border to meet with those groups,” said Kyaw Ho.
Five of the men reportedly do not have legal representation. The relatives of the eight have been barred from visiting them since their arrest and have been able to determine the state of their health, the lawyer said.
The Myanmar government in September of last year launched a crackdown on people suspected of fomenting the 2007 uprising. At the time, thousands of civilians, led by monks, initially took to the streets of Yangon to protest against a hike in fuel prices.
The demonstrations quickly became a show of force against the military regime with demands for the release of political prisoners and the adoption of democratic reforms.
The military responded by firing into crowds and killings hundreds, including many Buddhist monks who are held in high regard and venerated by ordinary people.
According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP), more than 250 monks are currently held in Myanmar prisons.
woensdag 27 januari 2010
maandag 25 januari 2010
Act! Write! Stand Up and use Your Liberty to promote theirs
[place], [date]
Subject: Thanda Tun, Ko Maung Nyo, Appeal for Human Rights.
Dear [General][Minister],
As you will be aware, Amnesty International speaks out on behalf of victims of Human Rights violations. We have strong evidence that Thanda Tun and Ko Maung Nyo, members of a humanitarian organization, are such victims. Unfortunately, we do not know for certain their current state of health. We care for them. Can you disclose any information concerning Thanda Tun aka Thandar and Ko Maung Nyo? If anyone can supply reliable information about them, it should be you.
It has been brought to our attention that both have been arrested early September 2009, and have been tortured during their custody and interrogation in violation of the Universal Declaration of Human Rights and made Prisoners of Conscience. Article 9 codifies the right not to be arrested randomly, Article 19 grants Freedom of expression and Article 20 Freedom of peaceful assembly. Have these provisions been violated in the case of Thanda Tun and Ko Maung Nyo? Can you confirm that they are presently in Insein prison, under trial? Is it correct that Thandar’s health is deteriorating as we fear and suspect? Can you do anything to help Thanda Tun and Ko Maung Nyo? Can you make sure their basic rights are complied with?
It is essential that compliance with Human Rights provisions is not merely in the interest of the victim of violation. It is in the interest of the violator himself. He is just as degraded. He is a victim himself.
Human Rights are not everything. But without Human Rights everything else is nothing. They are a sine qua non of any societal entity that is to last longer than a few decades. This counts for economic development, cultural achievement and political power. As a military and political thinker you will be aware of the dialectics of power. True political power, enduring power, can never be maintained at the expense of Human Rights. Over and over, world history shows that a power structure built on oppression and violence is a power structure built on sand. It will crush under its own weight, sooner rather than later. Critical voices and free spirits from inside and outside will undermine its foundations. The wind of justice will blow it away. With all due respect, if your regime plans to stay in power after the 2010 it will have to instigate major changes.
Human Rights are not a remnant of Western colonialism, nor are they an instrument of capitalist imperialism. They are a basic human need, they are universal, they are deeply rooted in all world religions and correspond profoundly with human intuition - worldwide. It would be a noteworthy step towards integration into the international community as well as ASEAN regional cooperation if Myanmar's Human Rights' situation were to improve.
Some dialogue and transparency might be first positive signals.
We would appreciate if you could set an example with Thanda Tun and Ko Maung Nyo. They stand pars pro toto for many other democracy activists. Their release would certainly be perceived as a very progressive gesture.
Respectfully yours,
[name, address]
PLEASE SEND APPEALS ASAP:
Senior General Than Shwe
Chairman
State Peace and Development Council
c/o Ministry of Defence,
Naypyitaw, Union of Myanmar
Salutation:Dear General
Minister for Home Affairs
Maung Oo
Ministry of Home Affairs
Office No. 10
Naypyitaw, Union of Myanmar
Fax: +95 67 412 439
Salutation: Dear Minister
Minister of Information
Brigadier-General Kyaw Hsan
Ministry of Information
Bldg. (7), Naypyitaw,
Union of Myanmar
media.moi@mptmail.net.mm
Salutation: Dear Minister
Additionally:
Union of Myanmar, Ministry of Information,
Myanmar Radio & Television (M.R.T.V), Pyay Road,
Yangon. Phone: 951-532814, Fax: 951-525428.
Minister of Foreign Affairs
Nyan Win
Ministry of Foreign Affairs
Naypyitaw, Union of Myanmar
Salutation: Dear Minister
And to diplomatic representatives for Myanmar of your own country.
Subject: Thanda Tun, Ko Maung Nyo, Appeal for Human Rights.
Dear [General][Minister],
As you will be aware, Amnesty International speaks out on behalf of victims of Human Rights violations. We have strong evidence that Thanda Tun and Ko Maung Nyo, members of a humanitarian organization, are such victims. Unfortunately, we do not know for certain their current state of health. We care for them. Can you disclose any information concerning Thanda Tun aka Thandar and Ko Maung Nyo? If anyone can supply reliable information about them, it should be you.
It has been brought to our attention that both have been arrested early September 2009, and have been tortured during their custody and interrogation in violation of the Universal Declaration of Human Rights and made Prisoners of Conscience. Article 9 codifies the right not to be arrested randomly, Article 19 grants Freedom of expression and Article 20 Freedom of peaceful assembly. Have these provisions been violated in the case of Thanda Tun and Ko Maung Nyo? Can you confirm that they are presently in Insein prison, under trial? Is it correct that Thandar’s health is deteriorating as we fear and suspect? Can you do anything to help Thanda Tun and Ko Maung Nyo? Can you make sure their basic rights are complied with?
It is essential that compliance with Human Rights provisions is not merely in the interest of the victim of violation. It is in the interest of the violator himself. He is just as degraded. He is a victim himself.
Human Rights are not everything. But without Human Rights everything else is nothing. They are a sine qua non of any societal entity that is to last longer than a few decades. This counts for economic development, cultural achievement and political power. As a military and political thinker you will be aware of the dialectics of power. True political power, enduring power, can never be maintained at the expense of Human Rights. Over and over, world history shows that a power structure built on oppression and violence is a power structure built on sand. It will crush under its own weight, sooner rather than later. Critical voices and free spirits from inside and outside will undermine its foundations. The wind of justice will blow it away. With all due respect, if your regime plans to stay in power after the 2010 it will have to instigate major changes.
Human Rights are not a remnant of Western colonialism, nor are they an instrument of capitalist imperialism. They are a basic human need, they are universal, they are deeply rooted in all world religions and correspond profoundly with human intuition - worldwide. It would be a noteworthy step towards integration into the international community as well as ASEAN regional cooperation if Myanmar's Human Rights' situation were to improve.
Some dialogue and transparency might be first positive signals.
We would appreciate if you could set an example with Thanda Tun and Ko Maung Nyo. They stand pars pro toto for many other democracy activists. Their release would certainly be perceived as a very progressive gesture.
Respectfully yours,
[name, address]
PLEASE SEND APPEALS ASAP:
Senior General Than Shwe
Chairman
State Peace and Development Council
c/o Ministry of Defence,
Naypyitaw, Union of Myanmar
Salutation:Dear General
Minister for Home Affairs
Maung Oo
Ministry of Home Affairs
Office No. 10
Naypyitaw, Union of Myanmar
Fax: +95 67 412 439
Salutation: Dear Minister
Minister of Information
Brigadier-General Kyaw Hsan
Ministry of Information
Bldg. (7), Naypyitaw,
Union of Myanmar
media.moi@mptmail.net.mm
Salutation: Dear Minister
Additionally:
Union of Myanmar, Ministry of Information,
Myanmar Radio & Television (M.R.T.V), Pyay Road,
Yangon. Phone: 951-532814, Fax: 951-525428.
Minister of Foreign Affairs
Nyan Win
Ministry of Foreign Affairs
Naypyitaw, Union of Myanmar
Salutation: Dear Minister
And to diplomatic representatives for Myanmar of your own country.
zondag 24 januari 2010
Copy of letter by The BestFriends to concerned organizations/institutions
Dear......
On behalf of the The Best Friend organisation, I wish to inform you of our concerns about three of our members who were arrested in Burma in 2009 and have been in detention ever since.
Thanda Tun and Ko Nyo (Maung Nyo) were arrested, apparently together with a monk named Ashin Kawvida, last September in Mandalay. Thanda Tun and Ko Nyo are imprisoned in Insein Prison in Yangon, awaiting trial. They are charged under the Immigration Act, for holding foreign currency and for contacting exiled monks organizations.
Ashin Gositha, a monk from Yangon, was arrested at the airport upon his return from Taiwan. He is believed to be in Insein Prison.
We are very concerned about their safety and health. We believe they were arrested and imprisoned solely because of their right to express their beliefs and their support for freedom and democracy in Burma. They are no criminals and should be released immediately and unconditionally.
Amnesty International is aware of their cases and is also concerned about their situation.
As The Best Friend organization, we believe in freedom and democracy and peacefully strive to create change and improvement in the situation in Burma. Our members should not be harassed, imprisoned or tortured for doing this. They should be free to carry out their human rights activities.
We hope, you can be of help in these cases and we thank you very much for your attention to this matter.
Yours sincerely,
On behalf of The Best Friend - www.thebestfriend.org,
xxxx
Amsterdam, The Netherlands
On behalf of the The Best Friend organisation, I wish to inform you of our concerns about three of our members who were arrested in Burma in 2009 and have been in detention ever since.
Thanda Tun and Ko Nyo (Maung Nyo) were arrested, apparently together with a monk named Ashin Kawvida, last September in Mandalay. Thanda Tun and Ko Nyo are imprisoned in Insein Prison in Yangon, awaiting trial. They are charged under the Immigration Act, for holding foreign currency and for contacting exiled monks organizations.
Ashin Gositha, a monk from Yangon, was arrested at the airport upon his return from Taiwan. He is believed to be in Insein Prison.
We are very concerned about their safety and health. We believe they were arrested and imprisoned solely because of their right to express their beliefs and their support for freedom and democracy in Burma. They are no criminals and should be released immediately and unconditionally.
Amnesty International is aware of their cases and is also concerned about their situation.
As The Best Friend organization, we believe in freedom and democracy and peacefully strive to create change and improvement in the situation in Burma. Our members should not be harassed, imprisoned or tortured for doing this. They should be free to carry out their human rights activities.
We hope, you can be of help in these cases and we thank you very much for your attention to this matter.
Yours sincerely,
On behalf of The Best Friend - www.thebestfriend.org,
xxxx
Amsterdam, The Netherlands
zaterdag 23 januari 2010
Take action please
PLEASE SEND APPEALS ASAP:
Minister for Home Affairs
Maung Oo
Ministry of Home Affairs
Office No. 10
Naypyitaw, Union of Myanmar
Fax: +95 67 412 439
Salutation: Dear Minister
Minister of Information
Brigadier-General Kyaw Hsan
Ministry of Information
Bldg. (7), Naypyitaw,
Union of Myanmar
media.moi@mptmail.net.mm
Salutation: Dear Minister
Additionally:
Union of Myanmar, Ministry of Information,
Myanmar Radio & Television (M.R.T.V), Pyay Road,
Yangon. Phone: 951-532814, Fax: 951-525428.
Minister of Foreign Affairs
Nyan Win
Ministry of Foreign Affairs
Naypyitaw, Union of Myanmar
Salutation: Dear Minister
And to diplomatic representatives for Myanmar of your own country.
---------------------------------------------------------
Example letter
---------------------------------------------------------
(Place, date)
Dear Minister,
Please allow me to draw your attention to the case of Thanda Tun and Ko Maung Nyo. They are members of TheBestFriends. Their arrest early September 2009 took place in the library of The Best Friend in Mandalay and is related to the September 2007 uprising. They are still in Insein Prison on charges of 13/1 illegally crossing the border, section 7 setting up the organization without permission [connecting to exile monks] and 24/1 holding and changing foreign currency illegally. Together with Ye Myint, U Yaywata, U Kawthita, U Withudi, U Waryama and Kyaw Khin they were charged under the Unlawful Associations Act and the Immigration Act. The trial started in January 6 2010 and is scheduled to be concluded this month.
Five of the above reportedly do not have lawyer assistance, and relatives of all eight defendants had been barred from visiting them since their arrest.
I call on you to ensure that all eight defendants are released immediately and unconditionally. I ask that while they remain in detention they are given access to necessary medical treatment, to lawyers of their own choosing and to visitors, and to ensure that they are not tortured or otherwise ill-treated.
Yours sincerely,
(name, address)
donderdag 21 januari 2010
Human Rights 'Deteriorating' in Burma: HRW
By ARKAR MOE Thursday, January 21, 2010
Burma's human rights record continued to deteriorate in 2009 ahead of a scheduled elections in 2010, according to Human Rights Watch (HRW).
In its 612-page World Report 2010, the New York-based NGO said, "The Burmese military junta systematically denies citizens basic freedoms, including freedom of expression, association and assembly.”
Dozens of prominent political activists, Buddhist monks, labor activists, journalists and artists were arrested in Burma in 2009 and sentenced to draconian prison terms after unfair trials, the organization said, noting that the military government's human rights record continued to deteriorate last year ahead of an election announced for 2010.
In its 20th annual review of human rights practices around the globe, HRW summarized major human rights trends in more than 90 nations and territories worldwide.
It said attacks on rights monitors were not limited to authoritarian countries such as Burma and China.
"Attacks on rights defenders might be seen as a perverse tribute to the human rights movement, but that doesn't mitigate the danger," Executive Director Kenneth Roth wrote in the introduction to the World Report 2010. "Under various pretexts, abusive governments are attacking the very foundations of the human rights movement."
Speaking to The Irrawaddy on Thursday, Aung Myo Min, the director of Thailand-based Human Rights Education Institute of Burma, said, “The Burmese military junta commits systematic human rights abuses and crimes against humanity every year.”
Bo Kyi, the joint-secretary of the Assistance Association for Political Prisoners in Burma, pointed the finger at Russia and China, saying the two countries "supported Burma and other regimes that are committing human rights abuses.”
He added: "The United Nations has many weaknesses because it cannot take action against abusers of human rights. It should revise and amend its policies and mechanisms on human rights.”
Of detained pro-democracy icon Aung San Suu Kyi’s trial last year, the report said, "The trial dragged on for three months, with frequent delays and with international fair trial standards lacking.”
It said that “an estimated 2,100 political prisoners remain incarcerated for their peaceful activities in Burma. More than 230 Buddhist monks involved in the 2007 protests remain in prison.”
In 2009, international calls increased for an investigation into war crimes and crimes against humanity in Burma, and for a UN arms embargo to be imposed,” the report said. "But China, Russia and North Korea still sell arms to the Burmese military junta.”
The report also criticized the Burmese armed forces. “The Burmese military continues to perpetrate violations against civilians in ethnic conflict areas, including extrajudicial killings, forced labor and sexual violence,” it said, expressing concern about internally displaced people, refugees and child soldiers.
HRW said that despite the growth in the human rights movement, human rights defenders remain vulnerable and greatly in need of support by rights-respecting governments.
"Governments that consider themselves human rights supporters often keep silent in the face of these abuses by allies, citing diplomatic or economic priorities," Roth said. "But that silence makes them complicit in the abuse. The only proper response to serious human rights violations is to turn up the heat on the abusers."
“There is no country in the world which fully respects human rights," said Aung Myo Min. "Most world powers, including the US, China and Russia, have cooperated with human rights abusers in their national interests or as an act of economic or foreign policy.”
The report said human rights monitors had been killed in Russia, Sri Lanka, Kenya, Burundi and Afghanistan, while Sudan and China routinely shut down human rights groups.
Burma's human rights record continued to deteriorate in 2009 ahead of a scheduled elections in 2010, according to Human Rights Watch (HRW).
In its 612-page World Report 2010, the New York-based NGO said, "The Burmese military junta systematically denies citizens basic freedoms, including freedom of expression, association and assembly.”
Dozens of prominent political activists, Buddhist monks, labor activists, journalists and artists were arrested in Burma in 2009 and sentenced to draconian prison terms after unfair trials, the organization said, noting that the military government's human rights record continued to deteriorate last year ahead of an election announced for 2010.
In its 20th annual review of human rights practices around the globe, HRW summarized major human rights trends in more than 90 nations and territories worldwide.
It said attacks on rights monitors were not limited to authoritarian countries such as Burma and China.
"Attacks on rights defenders might be seen as a perverse tribute to the human rights movement, but that doesn't mitigate the danger," Executive Director Kenneth Roth wrote in the introduction to the World Report 2010. "Under various pretexts, abusive governments are attacking the very foundations of the human rights movement."
Speaking to The Irrawaddy on Thursday, Aung Myo Min, the director of Thailand-based Human Rights Education Institute of Burma, said, “The Burmese military junta commits systematic human rights abuses and crimes against humanity every year.”
Bo Kyi, the joint-secretary of the Assistance Association for Political Prisoners in Burma, pointed the finger at Russia and China, saying the two countries "supported Burma and other regimes that are committing human rights abuses.”
He added: "The United Nations has many weaknesses because it cannot take action against abusers of human rights. It should revise and amend its policies and mechanisms on human rights.”
Of detained pro-democracy icon Aung San Suu Kyi’s trial last year, the report said, "The trial dragged on for three months, with frequent delays and with international fair trial standards lacking.”
It said that “an estimated 2,100 political prisoners remain incarcerated for their peaceful activities in Burma. More than 230 Buddhist monks involved in the 2007 protests remain in prison.”
In 2009, international calls increased for an investigation into war crimes and crimes against humanity in Burma, and for a UN arms embargo to be imposed,” the report said. "But China, Russia and North Korea still sell arms to the Burmese military junta.”
The report also criticized the Burmese armed forces. “The Burmese military continues to perpetrate violations against civilians in ethnic conflict areas, including extrajudicial killings, forced labor and sexual violence,” it said, expressing concern about internally displaced people, refugees and child soldiers.
HRW said that despite the growth in the human rights movement, human rights defenders remain vulnerable and greatly in need of support by rights-respecting governments.
"Governments that consider themselves human rights supporters often keep silent in the face of these abuses by allies, citing diplomatic or economic priorities," Roth said. "But that silence makes them complicit in the abuse. The only proper response to serious human rights violations is to turn up the heat on the abusers."
“There is no country in the world which fully respects human rights," said Aung Myo Min. "Most world powers, including the US, China and Russia, have cooperated with human rights abusers in their national interests or as an act of economic or foreign policy.”
The report said human rights monitors had been killed in Russia, Sri Lanka, Kenya, Burundi and Afghanistan, while Sudan and China routinely shut down human rights groups.
Eight charged for Sept 2007 activities
Eight charged for Sept 2007 activities
Jan 21, 2010 (DVB)–Eight activists have been charged for their role in the September 2007 uprising, more than two years after police in Burma launched a brutal crackdown on peaceful protests.
The eight men, who include four monk and a school teacher, were arrested last year during a crackdown that coincided with the two-year anniversary of the so-called Saffron Revolution.
Lawyer Kyaw Ho, who is representing two of the men, Thandar Htun and Ko Nyo, said that all eight were charged under the Unlawful Associations Act and the Immigration Act, which together carry a maximum seven-year sentence.
The other defendants are Ye Myint, U Yaywata, U Kawthita, U Withudi, U Waryama and Kyaw Khin.
“They were…[accused] of having contacts with the All Burma Monks Association and the Generation Wave [activist groups], and also charged under the Immigration Act for illegally crossing border to meet with those groups,” said Kyaw Ho.
He added there was “no legitimacy” in making his clients, who were arrested in their hometown of Mandalay, stand trial in Rangoon.
Five of the men reportedly do not have lawyer assistance, while Kyaw Ho said that relatives of the eight had been barred from visiting them since their arrest.
The Burmese government in September last year launched a crackdown on people suspected of involvement in fomenting the 2007 uprising, in which thousands of civilians, led by monks, took to the streets of Burma initially to protest against a hike in fuel prices.
The demonstrations quickly became a show of force against the military regime, which responded by firing into crowds and killings hundreds.
Burma’s revered monk community was targeted in the crackdown. According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP), more than 250 monks are currently held in Burmese prisons.
Jan 21, 2010 (DVB)–Eight activists have been charged for their role in the September 2007 uprising, more than two years after police in Burma launched a brutal crackdown on peaceful protests.
The eight men, who include four monk and a school teacher, were arrested last year during a crackdown that coincided with the two-year anniversary of the so-called Saffron Revolution.
Lawyer Kyaw Ho, who is representing two of the men, Thandar Htun and Ko Nyo, said that all eight were charged under the Unlawful Associations Act and the Immigration Act, which together carry a maximum seven-year sentence.
The other defendants are Ye Myint, U Yaywata, U Kawthita, U Withudi, U Waryama and Kyaw Khin.
“They were…[accused] of having contacts with the All Burma Monks Association and the Generation Wave [activist groups], and also charged under the Immigration Act for illegally crossing border to meet with those groups,” said Kyaw Ho.
He added there was “no legitimacy” in making his clients, who were arrested in their hometown of Mandalay, stand trial in Rangoon.
Five of the men reportedly do not have lawyer assistance, while Kyaw Ho said that relatives of the eight had been barred from visiting them since their arrest.
The Burmese government in September last year launched a crackdown on people suspected of involvement in fomenting the 2007 uprising, in which thousands of civilians, led by monks, took to the streets of Burma initially to protest against a hike in fuel prices.
The demonstrations quickly became a show of force against the military regime, which responded by firing into crowds and killings hundreds.
Burma’s revered monk community was targeted in the crackdown. According to the Thailand-based Assistance Association for Political Prisoners-Burma (AAPP), more than 250 monks are currently held in Burmese prisons.
woensdag 20 januari 2010
Ko Maung Nyo
Ko Maung Nyo......aka Mr. Brown....he lived at the Library of theBestFriends
Born in 1975 Kyaukse, Mandalay division and native Yay-Pote village. He was arrested with Thanda Tun on 3 september 2009. He stayed in the library of The Best Friend in Mandalay where he was arrested.
He has, like Thanda Tun, been charged with 3 sections of Law, 13/1 of illegally crossing the border, 7 of connecting to exile monks, and 24/1 of holding foreign money by western Rangoon district court in Insein prion. He is currently detained in Insein Prison, where the trial started on January 6, 2010.
In the spirit of Peter Benenson, let us write to those in Naypyidaw, the secretive and paranoid military government of Burma, to the Diplomats around the world, shout it out loud in the streets where you live, and ACT! Stand up, get up, USE your LIBERTY to promote THEIRS!
dinsdag 19 januari 2010
Courts rush to conclude trials
Courts rush to conclude trials Tuesday, 19 January 2010 16:07 Mizzima News - The special courts inside Rangoon’s notorious Insein prison are said to be in a hurry to complete trials against more than 20 political activists within a month, according to lawyers defending the activists.
A lawyer, defending activists in Rangoon, said “We were told that the court wanted to conclude the trails against political activists as soon as possible. So, it has scheduled the hearings to be held twice a week. We don’t know if the court can give a verdict within a month.” “These days, the trials are faster than earlier. Normally, court hearings are scheduled once a week but now it is twice a week. They are doing so because they want to finish as soon as possible, but I am not aware of other reasons,” he added.
Kyaw Hoe, a lawyer who defends political activists confirmed that the special courts in Insein prison has been scheduling court hearings in short intervals and are in a hurry to conclude.
He said, cases that are to be wrapped up this month include that against 11 Arakanese youths, charged under the Immigration Act and communicating with illegal associations.
Lawyer Kyaw Hoe is defending the Arakanese youths, who were arrested in various occasions since September 4, 2009, from their homes in Rangoon as well as from various townships in Arakan State.
Beside these Arakanese youths, the trials against Thandar Tun and Maung Nyo, who were charged under the Immigration Act, the case of Naw Ohn Hla and the four women opposition members, charged with disrespecting the state and the trial against six activists from Yay Nan Chaung and Chauk of Magwe Division are scheduled to be concluded this month.
On January 13, the special court inside Insein prison sentenced Shwe Gyo, of Rangoon’s suburban Township of Hlaing, Sein Hlaing of Sanchaung Township and Ma Cho (aka) Myint Myint San of Ahlone Township to three years in prison respectively under charges of communicating with illegal associations.
A Supreme Court advocate Kyi Win, who has been co-defending Burmese pro-democracy leader Aung San Suu Kyi, said he believes that the reason behind the hurriedly conducted trials against activists could be because of the fast-approaching 2010 elections.
"When I last served at the office of the Legal Office, Chief Justice Aung Toe told us to hurry the cases and to hand over the remaining cases to the military courts. We were hurried at that time because of the 1990 election. I think this is a similar case, the judges are now hurrying to conclude the trials as the 2010 election is approaching,” Kyi Win added.
maandag 18 januari 2010
The case of Thandar (Than Da): she was born in Mandalay on 23rd of July 1982
She was arrested 3 September 2009, together with Ko Nyo.
She is still in Insein Prison on charges of illegally crossing the border and connecting to exile monks and holding foreign money and is currently in Insein Prison.
The trial started on January 6, on charges of illegally crossing the border and connecting to exile monks and holding foreign money. Good for about 16 years in prison. The trial is continuing on Mondays & Wednesdays until a verdict has been fabricated....
In the spirit of Peter Benenson, let us write to those in Naypyidaw, the secretive and paranoid military government of Burma, to the Diplomats around the world, shout it out loud in the streets where you live, and ACT! Stand up, get up, USE your LIBERTY to promote THEIRS!
Abonneren op:
Posts (Atom)