New information
MMR 001/ 0117 / OBS 008.1
Sentencing / Arbitrary detention
Burma
October 16, 2017
The Observatory for the Protection of Human Rights Defenders, a
partnership of FIDH and the World Organisation Against Torture (OMCT), has
received new information and requests your urgent intervention in the
following situation in Burma.
New information:
The Observatory has been informed by reliable sources about the sentencing
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), at the
end of a repeatedly delayed trial in Sittwe, Rakhine State.
According to the information received,on October 12, 2017, the Sittwe
Township Court found Mr. Khaing Myo Htun guilty of “disturbing public
tranquillity” and “incitement” under Article 505(b) and
505(c) of the Criminal Code, and sentenced him to 18 months in prison. Mr.
Khaing Myo Htun reportedly does not intend to appeal the verdict.
The Observatory recalls that Mr. Khaing Myo Htun has been detained since
July 25, 2016 in Sittwe prison. He will now have to serve three months and
ten days in prison as a result of time already served.
The charges against Mr. Khaing Myo Htun 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 Article 505(b) and 505(c) of the Criminal Code.
The Observatory believes that Mr. Khaing Myo Htun’s sentencing and
prolonged arbitrary detention are mere acts of retaliation for his
legitimate and peaceful human rights activities, and recalls that Burmese
authorities frequently use Article 505(b) and 505(c) of the Criminal Code to
silence human rights defenders and other critical voices in Burma.
The Observatory is further concerned that the prolonged arbitrary
detention of Mr. Khaing Myo Htun has led to a severe degradation of his
health. During his detention, Mr. Khaing Myo Htun fainted three times in
prison.
The Observatory urges the Burmese authorities to immediately and
unconditionally release Mr. Khaing Myo Htun and ensure his physical and
psychological integrity while in detention.
Background information:
On July 25, 2016, Mr. Khaing Myo Htun was arrested and detained in Sittwe
prison, pending a court decision on whether to charge him with
“disturbing public tranquillity” and “incitement
“under Article 505(b) and 505(c) of the Criminal Code.
On August 25, 2016 and January 13, 2017, the Sittwe Township Courtdenied
bail to Mr. Khaing Myo Htun, despite his poor health condition.
On April 5, 2017, Mr. Khaing Myo Htun was charged with disturbing public
tranquillity and incitement under Article 505(b) and 505(c) of the Criminal
Code.
Actions requested:
Please write to the authorities of Burma asking them to:
i.Guarantee in all circumstances the physical and psychological integrity
of Mr. KhaingMyo 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
punishing him for 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 hindrance;
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
· Daw Aung San Suu Kyi,
Minister of Foreign Affairs; Fax: +95 67 412396
· 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, October 16, 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.
To contact the Observatory, call the emergency line:
· E-mail:
Appeals@fidh-omct.org
· Tel and fax FIDH + 33 1 43 55
25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 22 809
49 39 / + 41 22 809 49 29
[1] An organisation
advocating for the rights of farmers, women, and ethnic leaders in Rakhine
State.