Arbitrary arrest and judicial harassment of Letpadaung activist Thaw Zin

Arbitraryarrest /

Judicialharassment

Burma

February 12,2014

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), requests your urgent intervention in the followingsituation in Burma.

Briefdescription of the situation:

TheObservatory has been informed by reliable sources about the arbitrary arrest ofMr. Thaw Zin, a member of the Yangon People's Support Network and an activist campaigning for farmers affected by the Letpadaung copper mine in Salingyi Township, Sagaing Region[1].

Accordingto the information received, on February 11, 2014, at about 10 am, six plain-clothed police officers arrested Mr. Thaw Zin inSalingyi Township. Shortly after the arrest, about 100 villagers marched to theNyaungpingyi police station, calling for Mr. Thaw Zin’s release, but theauthorities declined to explain the reasons of the arrest. Later, the policeonly confirmed that Mr. Thaw Zin had been sent to Monywa prison.

TheObservatory fears that Mr. Thaw Zin wasarrested for organising several demonstrations that led to confrontations between residentsaffected by the Letpadaung copper mine andstaff of Wan Bao in 2013.

Mr. Thaw Zin had previously beendetained in 2013 under Article 18 of the Peaceful Assembly and PeacefulProcession Law, for organising protests without obtaining the authorities’prior permission[2]. The charge was subsequently dropped under apresidential amnesty announced on December 31, 2013.

TheObservatory condemns the arrest and judicial harassment of Mr. Thaw Zin, which seem to merelyaim at sanctioning his peaceful human rights activities, and calls upon theBurmese authorities to release him immediately and unconditionally.

Background information:

Peaceful protests that began in August 2012 against the Letpadaungcopper mine were heavily repressed by the authorities on several occasions. InNovember 2012, police used white phosphorus bombs to disperse peacefulprotestors, injuring dozens, including Buddhist monks.

Actionsrequested:

Pleasewrite to the authorities of Burma, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Mr. Thaw Zin as well as of all human rights defenders in Burma;

ii. Release Mr. Thaw Zin immediately andunconditionally since his detention is arbitrary and only aims at sanctioninghis human rights activities;

iii. Put an end to acts ofany acts of harassment, including at judicial level, against Mr. Thaw Zin and all humanrights defenders in Burma;

iv. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its:

- Article 1, whichprovides that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

- Article 6(a), whichforesees that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms”;

- Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

v. More generally, ensure inall circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights, and ratify internationaland regional human rights instruments.

Addresses:

· U Thein Sein, Presidentof Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR; Fax: + 95 1 652624

· U Hla Min, Minister forHome Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Fax:+95 67 412 439

· U Win Mra, Chairman ofthe Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township,Yangon, Republic of the Union of Myanmar; Fax: +95-1-659668

· Dr. Tun Shin, AttorneyGeneral, Office of the Attorney General, Office No. 25, Naypyitaw, MYANMAR;Fax: +95 67 404 146/ 106

· U Tun Tun Oo, ChiefJustice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Fax: +95 67 404 059

· U Kyaw Kyaw Htun,Director General, Myanmar Police Force, Ministry of Home Affairs, Office No.10, Naypyitaw, Myanmar; Fax: +951 549 663 / 549 208

· H.E. Mr. Maung Wai,Ambassador Extraordinary and Plenipotentiary, Permanent Representative to theUnited Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland. Fax: +4122 732 89 19, +41 22 732 73 77, Email: mission@myanmargeneva.org

· Embassy of Myanmar inBrussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax: +32 (0)32 2705 50 48, Email: mebrussels@skynet.be

Pleasealso write to the diplomatic representations of Burma in your respectivecountries.

***

Geneva-Paris, February 12, 2014

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

The Observatory, a OMCT andFIDH venture, is dedicated to the protection of human rights defenders and aimsto offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 22809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 143 55 25 18 / +33 1 43 55 18 80

[1]The Letpadaung copper mining project a joint venture between the Burmesemilitary's Union of Myanmar Economic Holdings (UMEH) and the Chinese Wan BaoCompany, which led to the displacement of farming families in 26 villages fromtheir land, with more than 7,000 acres confiscated in 2010.

[2] See Observatory Urgent Appeal MMR 001/0613/OBS 055.1, issuedon July 11, 2013.