MMR 001 / 0117 / OBS 008
Arbitrary detention /
Judicial harassment
Burma
January 19, 2017
The Observatory for the Protection of Human Rights Defenders, a
partnership of FIDH and the World Organisation Against Torture (OMCT), requests
your urgent intervention in the following situation in Burma.
Description of the situation:

The Observatory has been informed by reliable sources about the
arbitrary detention of environmental rights defender Mr. Khaing Myo Htun, co-founder of the NGO Natural
Resources for the People[1],
board member of the Arakan Natural Resources and Environmental Network, member
of the advocacy group Arakan Oil Watch, and Deputy Spokesperson for the Arakan
Liberation Party (ALP), in Rakhine State.
According to
the information received, on
January 13, 2017, the Sittwe Township Court in Rakhine State denied bail for the second time to Mr. Khaing
Myo Htun, despite his poor health condition. Mr. Khaing Myo Htun is said to
have collapsed three times in prison since his arrest.
His lawyer indicated that they would appeal the decision.
Mr. Khaing Myo has been detained in
Sittwe prison since his arrest on July 25, 2016,
pending a court decision on whether to charge him with sedition and incitement
under Articles 505(b) and 505(c) of the Criminal Code.
The accusations stem from a statement issued by the ALP on April 24,
2016, in which the party alleged human rights abuses by the Burma army
(Tatmadaw) in Rakhine State, including claims of forced labour. The statement
led to an army officer filing a complaint against Mr. Khaing Myo Htun under the
above-mentioned broad and vague provisions of the Criminal Code. On August 25, 2016, the Sittwe Township Court denied
him bail. Mr. Khaing Myo Htun
faces up to two years’ imprisonment
and a fine if convicted.
The Observatory believes that Mr. Khaing Myo Htun’s prolonged arbitrary
detention and judicial harassment are mere acts of retaliation for his
legitimate and peaceful human rights activities, and recalls that the Burmese
authorities frequently use Articles 505(b) and 505(c) of the Criminal Code to
silence human rights defenders and other critical voices in Burma.
The Observatory urges the Burmese authorities to immediately and
unconditionally release Mr. Khaing Myo Htun and to ensure his physical and
psychological integrity while in detention.
Actions requested:
Please write to the authorities of Burma asking them to:
i. Guarantee in all circumstances the physical and psychological integrity
of Mr. Khaing Myo Htun and of all human
rights defenders in Burma;
ii. Release Mr. Khaing Myo Htun immediately and unconditionally as well
as all human rights defenders detained in Burma, as his detention only aims at sanctioning his human rights activities;
iii. Put an end to all acts of harassment - including at the judicial
level - against Mr. Khaing Myo Htun and all human rights defenders in Burma,
and ensure in all circumstances
that they are able to carry out their activities without hindrances;
iv. Comply with all the provisions of the UN Declaration on Human Rights
Defenders, adopted by the United Nations General Assembly on December 9, 1998,
in particular with its Articles 1 and 12.2;
v. Ensure in all circumstances respect for human rights and fundamental freedoms
in accordance with international human
rights standards.
Addresses:
·
U Htin
Kyaw, President; Fax: +95 1 652 624
·
Lt Gen
Kyaw Swe, Minister for Home Affairs; Fax: +95 67 412 439; Email: mohamyanmar@gmail.com
·
Daw Aung
San Suu Kyi, Minister of Foreign Affairs; Fax: +95 67 412396
·
U Win
Mra, Chairman of the Myanmar National Human Rights Commission; Email: chmyanmarnhrc@gmail.com
·
U Tun Tun
Oo, Union Attorney General; Email: ago.h.o@mptmail.net.mm
·
Maj Gen
Zaw Win, Director General, Myanmar Police Force, Ministry of Home Affairs; Fax:
+95 67 412006; Email: mpfserver@gmail.com
·
HE
Mr. Htin Lynn, Ambassador Extraordinary and Plenipotentiary, Permanent
Representative to the United Nations in Geneva, Switzerland; Fax: +41 22 732 89
19, +41 22 732 73 77; Email: mission@myanmargeneva.org
·
Embassy
of Myanmar in Brussels, Belgium; Fax: +32 2 705 50 48, Email:
mebrussels@skynet.be
Please also write to the diplomatic representations of Burma in your
respective countries.
***
Paris-Geneva, January 19, 2017
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the
Observatory) was created in 1997 by FIDH and OMCT. The objective of this
programme is to prevent or remedy situations of repression against human rights
defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European
Union Human Rights Defenders Mechanism implemented by international civil
society.
[1] An organisation advocating for the rights of farmers,
women, and ethnic leaders in Rakhine State.
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