BURMA: Woman and man unfairly convicted for alleged contact with outlawed group 01.04.

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BURMA: Woman and man unfairly convicted for alleged

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Urgent Appeal Case: AHRC-UAC-038-2009

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1 April 2010
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ISSUES: Rule of law; judicial system; illegal detention; torture

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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).

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BURMA: Woman and man unfairly convicted for alleged contact with outlawed group 01.04.10 16:02

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.

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BURMA: Woman and man unfairly convicted for alleged contact with outlawed group 01.04.10 16:02

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

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BURMA: Woman and man unfairly convicted for alleged contact with outlawed group 01.04.10 16:02

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)

Posted on 2010-04-01
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