ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC-UAC-082-2009
13 July 2009 --------------------------------------------------------------------- BURMA: Local council officials allegedly beat man to death ISSUES: Custodial deaths; illegal detention; impunity --------------------------------------------------------------------- HUMAN RIGHTS BLOG PYITHU HITTAING: BURMESE-LANGUAGE BLOG http://burma.blog.humanrights.asia/ --------------------------------------------------------------------- Dear friends, The Asian Human Rights Commission (AHRC) has received details from the Yoma 3 News Group (Thailand) of a killing in the custody of local council officials in the delta area of Burma. Council members allegedly detained two men and agreed to release them on payment of money. They released one to go and get the money but when he came back for his companion the officials said they had released him. The next day his dead body was found in the area. Although a case has been opened, the AHRC remains concerned that the accused will find the means to prevent justice from being done and escape the charges. CASE DETAILS: According to the information received, in the evening of 19 June 2009, members of the Kunchan Ward council and associates from a government-backed mass organisation were on a broken-down boat in a river near Bassein, capital city of the delta region, when 31-year-old Ko Aung Khaing Htun, a fisherman, approached along with Ko Tin Htun Lwin. A petty conflict followed and the officials took the two men back to their office. There, they told the two that if they paid 3000 Kyat [USD 3] each then they could go. The next day, June 20, when the money was delivered, an official told Aung Khaing Htun's family that they had already released him; however, he had not come home. Instead, on June 21, a phone call came in the morning that his dead body had been found in a roadside sentry hut in the Kunchan area. Around about 20 friends and relatives went to see. His face was bloodied and there was bruising on the left side of his chest. He had been in good health before he was detained. According to witnesses, the officials who allegedly beat Aung Khaing Htun brought him to a cemetery when he was nearly dead and asked the cemetery keeper to bury him, but the latter refused because he could see that Aung Khaing Htun was not yet dead. After that, they dumped him in the hut on the cemetery road. After the victim's body was recovered, the police initially detained 10 persons, including one official. They released the men on July 4 but after a murder case was opened, the secretary of the government-backed organisation and four others were charged and detained at the police station. Although there is some progress in the case, the AHRC remains concerned that local officials in Burma have a great deal of influence over their areas and in the absence of a free press or civil society and human rights organisations of the sort that exist in many other countries in the region, they have many opportunities to use their influence to obstruct justice and have other people take the blame for what they have done. BACKGROUND INFORMATION: Custodial killings in Burma, including in local council offices, are common. The victims are usually poor young men who die from assault over trivial issues, like in this case. The AHRC earlier documented and issued appeals on some such killings, including: UA-224-2007 <http://www.ahrchk.net/ua/mainfile.php/2007/2489/> <http://www.ahrchk.net/ua/mainfile.php/2007/2489/> , UP-084-2007 <http://www.ahrchk.net/ua/mainfile.php/2007/2442/> <http://www.ahrchk.net/ua/mainfile.php/2007/2442/> , UA-023-2007 <http://www.ahrchk.net/ua/mainfile.php/2007/2178/> <http://www.ahrchk.net/ua/mainfile.php/2007/2178/> , UA-222-2006 <http://www.ahrchk.net/ua/mainfile.php/2006/1833/> <http://www.ahrchk.net/ua/mainfile.php/2006/1833/> , and UA-044-2006 <http://www.ahrchk.net/ua/mainfile.php/2006/1496/> <http://www.ahrchk.net/ua/mainfile.php/2006/1496/> . However, since the crackdown that followed the September 2007 demonstrations, while such cases continue to occur, news of their occurrence has lessened because many human rights defenders who documented them and supported the families of victims to lodge complaints and find lawyers have been imprisoned or have gone into hiding. Two relevant special reports have been issued in the article 2 periodical, "Saffron Revolution imprisoned, law denied <http://www.article2.org/pdf/v07n03.pdf> <http://www.article2.org/pdf/v07n03.pdf> " (vol. 7, no. 3, September 2008) and "Burma, political psychosis and legal dementia <http://www.article2.org/pdf/v06n05.pdf> <http://www.article2.org/pdf/v06n05.pdf> " (vol. 6, no. 5-6, December 2007). There are also a number of related sites, including the AHRC Burmese-language blog, Pyithu Hittaing <http://burma.blog.humanrights.asia/> <http://burma.blog.humanrights.asia/> . And see the 2008 AHRC Human Rights Report <http://material.ahrchk.net/hrreport/2008/index.htm> <http://material.ahrchk.net/hrreport/2008/index.htm> chapter on Burma <http://material.ahrchk.net/hrreport/2008/AHRC-SPR-009-2008-Burma_AHRR2008.pdf> <http://material.ahrchk.net/hrreport/2008/AHRC-SPR-009-2008-Burma_AHRR2008.pdf> . ______________________________ SUGGESTED ACTION: Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar and extrajudicial killings, as well as to the regional human rights office for Southeast Asia, calling for interventions into this case. 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 Bassein as Pathein. SAMPLE LETTER: Dear ___________, MYANMAR: Local council officials allegedly kill man in delta Victim: Ko Aung Khaing Htun (a.k.a. Balashin), 31, National ID No. 14/PaThaNa(Naing)245467, fisherman, unmarried, residing in Ward 9, Seingone, Pathein Town, Ayeyarwady Alleged perpetrators: Members of the Ward 1 Peace and Development Council (PDC) (Ward Chairman, U Soe Lwin Oo) and Union Solidarity and Development Association (USDA) members (Ward Secretary, U Aung Hpone Kyaw), Kunchan, Pathein, Ayeyarwady Division Investigating police: Athegyi Police Station, Station Commander Kyaw Zeya Dates of incident: 19, 20, 21 June 2009 I am writing to urge that the alleged killing of a young man by council members in Pathein this June be carefully investigated and tried to ensure that the victim obtains justice and the perpetrators are punished. According to the information that I have received, Kunchan PDC and USDA officials detained the deceased, Ko Aung Khaing Htun, along with another man, Ko Tin Htun Lwin, around 4pm on 19 June 2009 at the Ngawun River, and took them back to their office. At around 7pm, one of the officials told the two that if they paid 3000 Kyat [USD 3] each then they would be released. As the two men did not have the money on them, they agreed to release Tin Htun Lwin for him to go collect the money and come back. The next day, June 20, when the money was delivered, an official told a member of Aung Khaing Htun's family that they had already released him; however, he had not come home. On June 21, Aung Khaing Htun's family received news in the morning that his body was found in a sentry hut on the Thitnyogone Cemetery road in Ward 1. Around 20 friends and relatives of the victim went to see. His face was bloodied and there was bruising on the left side of his chest. According to them, he had been in good health before he was detained. Witnesses report that the PDC members who allegedly beat Aung Khaing Htun brought him to the Thitnyogone Cemetery when he was nearly dead and asked the cemetery keeper to bury him, but the latter refused because he could see that Aung Khaing Htun was not yet dead. After that, they dumped him in the nearby hut. I am aware that after the incident, police under Station Commander Kyaw Zeya initially detained 10 persons over the killing, including USDA secretary, U Hpone Kyaw, and another nine other men, including six identified as Ko Ko Lay, Htun Htun, Ko Hla Myaing, Ko Hla Myint, Ko Khin Win, Ko La Pyi; however, they released the ten on July 4. Thereafter, in accordance with the post mortem report findings, a charge of murder (section 302, Penal Code) was lodged against U Hpone Kyaw and four others, and they were held in remand at the police station. The case was also to be transferred from the local township court to the district court. Although I am satisfied to hear that arrests have been made, charges laid and the case opened, I am concerned that in cases of this sort the local authorities in Myanmar have an aptitude for escaping punishment through influence of other parts of the state apparatus and threats issued against witnesses and relatives of victims. Therefore, I urge that in this case higher authorities pay special attention to ensure that justice be done rather than perverted. Finally, I note that the reason that the victim in this case died was because PDC officials abused their positions and took him into custody, then demanding money for his release, even though they had no authority to do any of this. I am informed that such abuses of authority are widespread in Myanmar, and I note that although the government has encouraged complaints to be made to ministries and departments, there are no independent channels for the making of such complaints, let alone for effective investigation and prosecution of wrongdoers. Until such a time as such channels are established, such tragic cases as this are bound to continue occurring, and the government of Myanmar needs to reconsider what it can do to make the avenues for complaint and investigation easier and more effective. 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) ([email protected]) ----------------------------- 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 -- W A Laskar Freelance Reporter and Human Rights Activist with Barak Human Rights Protection Committee, http://bhrpc.net.googlepages.com 15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India Cell: +919401134314 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
