Arbitrary detention of environmental rights defender Mr. Khaing Myo Htun

Arbitrary detention /

Judicial harassment

Burma

January 19, 2017

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Burma.

Description of the situation:

The Observatory has been informed by reliable sources about thearbitrary detention of environmental rights defender Mr. Khaing Myo Htun, co-founder of the NGO NaturalResources for the People[1],board member of the Arakan Natural Resources and Environmental Network, memberof the advocacy group Arakan Oil Watch, and Deputy Spokesperson for the ArakanLiberation Party (ALP), in Rakhine State.

According tothe information received, onJanuary 13, 2017, the Sittwe Township Court in Rakhine State denied bail for the second time to Mr. KhaingMyo Htun, despite his poor health condition. Mr. Khaing Myo Htun is said tohave collapsed three times in prison since his arrest.His lawyer indicated that they would appeal the decision.

Mr. Khaing Myo has been detained inSittwe prison since his arrest on July 25, 2016,pending a court decision on whether to charge him with sedition and incitementunder 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 statementled to an army officer filing a complaint against Mr. Khaing Myo Htun under theabove-mentioned broad and vague provisions of the Criminal Code. On August 25, 2016, the Sittwe Township Court deniedhim bail. Mr. Khaing Myo Htunfaces up to two years’ imprisonmentand a fine if convicted.

The Observatory believes that Mr. Khaing Myo Htun’s prolonged arbitrarydetention and judicial harassment are mere acts of retaliation for hislegitimate and peaceful human rights activities, and recalls that the Burmeseauthorities frequently use Articles 505(b) and 505(c) of the Criminal Code tosilence human rights defenders and other critical voices in Burma.

The Observatory urges the Burmese authorities to immediately andunconditionally release Mr. Khaing Myo Htun and to ensure his physical andpsychological 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 integrityof Mr. Khaing Myo Htun and of all humanrights defenders in Burma;

ii. Release Mr. Khaing Myo Htun immediately and unconditionally as wellas 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 judiciallevel - against Mr. Khaing Myo Htun and all human rights defenders in Burma,and ensure in all circumstancesthat they are able to carry out their activities without hindrances;

iv. Comply with all the provisions of the UN Declaration on Human RightsDefenders, 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 freedomsin accordance with international humanrights standards.

Addresses:

· U HtinKyaw, President; Fax: +95 1 652 624

· Lt GenKyaw Swe, Minister for Home Affairs; Fax: +95 67 412 439; Email: mohamyanmar@gmail.com

· Daw AungSan Suu Kyi, Minister of Foreign Affairs; Fax: +95 67 412396

· U WinMra, Chairman of the Myanmar National Human Rights Commission; Email: chmyanmarnhrc@gmail.com

· U Tun TunOo, Union Attorney General; Email: ago.h.o@mptmail.net.mm

· Maj GenZaw Win, Director General, Myanmar Police Force, Ministry of Home Affairs; Fax:+95 67 412006; Email: mpfserver@gmail.com

· HEMr. Htin Lynn, Ambassador Extraordinary and Plenipotentiary, PermanentRepresentative to the United Nations in Geneva, Switzerland; Fax: +41 22 732 8919, +41 22 732 73 77; Email: mission@myanmargeneva.org

· Embassyof Myanmar in Brussels, Belgium; Fax: +32 2 705 50 48, Email:mebrussels@skynet.be

Please also write to the diplomatic representations of Burma in yourrespective countries.

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Paris-Geneva, January 19, 2017

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

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by FIDH and OMCT. The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

[1] An organisation advocating for the rights of farmers,women, and ethnic leaders in Rakhine State.