Arbitrary arrest and fear of forced disappearance of 3 members of the 88 Generations Students group

Arbitrary arrest and detention/ Fear of forced disappearance/ Risk of torture

The International Secretariat of the World Organisation Against Torture (OMCT) requests your urgent intervention in the following situation in Burma/Myanmar.

Brief description of the situation

The International Secretary of OMCT has been informed by a reliable source and Antenna International, member organisation of the OMCT SOS-Torture network, about the arbitrary arrest of Mrs. Khin Moe Aye, Mr. Kyaw Soe and Mr. Zaw Min (aka Bound Bound), all three members of the 88 Generation Students group[1] and former political prisoners, by the Burmese military junta on 18 December 2007. Mrs. Khin Moe Aye and Mr. Kyaw Soe were reportedly arrested at Pegu (Bago), 50 miles North of Rangoon, while Mr. Zaw Min was arrested in Rangoon, at his hiding place.

According to the information received, Mrs. Khin Moe Aye actively participated in the 1988 popular uprising as a student leader of the Rangoon University Student Union (RUSU) and member of the All Burma Federation of Student Unions (ABFSU). She was reportedly already arrested in December 1991 for her leading role in the student protest, honoring Daw Aung San Suu Kyi for receiving the 1991 Nobel Peace Prize. She was sentenced to ten-year imprisonment and released in 1992 under an amnesty. She continued her activities for democracy, human rights and assisting political prisoners and was arrested again in February 1998. She was sentenced to seven-year imprisonment and released in 2004.

According to the same information, Mr. Kyaw Soe was a student leader in the 1988 popular uprising. He was reportedly already arrested in March 1991 for his leading role to convene the second anniversary of the death of Phone Maw, who was the first student killed by the regime in 1988. He was sentenced to three-year imprisonment and released in 1993.

Mr. Zaw Min was a third year University student, student activist and member of the All Burma Federation of Student Unions (ABFSU) in 1988. He was reportedly arrested on 2 August 1991 and sentenced to twelve-year imprisonment. His sentenced was reportedly increased another seven years in prison for his attempt to smuggle out a letter to the former United Nations Commission on Human Rights, alerting about the situation inside the prison. He was then released in April 2007 from Thayet Prison. On 22 August 2007, he was again arrested together with the leaders of the 88 Generation Students group[2], including Min Ko Naing and Ko Ko Gyi. He was reportedly released on 1 November 2007.

As of issuing this appeal, the whereabouts of the three individuals remain unknown.

The International Secretariat of OMCT expresses its deep concern about the arrest and detention of Mrs. Khin Moe Aye, Mr. Kyaw Soe and Mr. Zaw Min and is very much concerned for their safety as they are at high risk of torture and ill-treatment.

Action requested

Please write to the authorities in Burma/Myanmar urging them to:

1. Immediately locate the whereabouts of Mrs. Khin Moe Aye, Mr. Kyaw Soe and Mr. Zaw Min;
2. Guarantee, in all circumstances, the physical and psychological integrity of Mrs. Khin Moe Aye, Mr. Kyaw Soe and Mr. Zaw Min;
3. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
4. Order they immediate release in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
5. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Aye Maung, Attorney General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95 1 371 028/ 282 449 / 282 990Lt Sein Thein, Prime Minister, c/o Ministry of Defence, Signal Pagoda Road, Yangon, Myanmar, Tel: + 95 1 372 681; Fax: + 95 1 652 624
• Minister for Home Affairs, Ministry of Home Affairs, No. 10 Naypyidaw, Myanmar; Tel: +95 67 412 040/ 069/ 072; Fax: +95 67 412 016/ 439; E-mail: ddg.gad@gad.gov.mmPermanent Mission of Myanmar to the United Nations in Geneva, 47 avenue Blanc, 1202 Geneva, Switzerland, Tel: + 41 22 906 98 70; Fax: + 41 22 732 89 19; Email: mission.myanmar@ties.itu.int
• Embassy of Myanmar in Brussels, 9 boulevard Général Wahis, 1030 Schaerbeek, Brussels, Belgium, Fax: + 32 2 705.50.48.Please also write to the diplomatic representations of Burma/Myanmar in your respective country.

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Geneva, 20 December 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] See OMCT-FIDH joint Press Release, 22 August 2007 and OMCT press release, 15 October 2007.

[2] See OMCT-FIDH joint Press Release, 22 August 2007.