Myanmar (Burma)
23.06.03
Urgent Interventions
Myanmar (Burma) : torture of 78-year old peasant, Mr. Nai La
Case MMR 230603 / MMR 230603.ESCR
Urgent Appeal / Economic, Social and Cultural Rights
Arbitrary arrest and detention / Torture / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Myanmar.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the arrest and torture of a 78-year-old farmer in Kyeikmayaw Township in Myanmar.
According to the information received, Nai La, a 78-year-old farmer from the Kyeikmayaw Township, Mon State, Myanmar, was arrested by militiamen on March 4th, 2003, for failing to meet the paddy quota. Mr. La was detained at the Tarana police post in Kyeikmayaw Township for three nights before being transferred to Nyaung Pin Zoet Police Station on March 7th. At the Police Station, Deputy Sub-inspector Maung Toe (#LA-120798) reportedly handcuffed Mr. La in this cell and beat and kicked him until he lost consciousness.
Mr. La's arrest was the result of his inability to provide the expected paddy quota to the state. Mr. La and his wife have farmed fourteen acres in Kyeikmayaw Township for over 38 years. Each year they have given the required portion of their harvest to the state. This year Mr. La's quota was set at 168 baskets. Mr. La's crops were destroyed by floods this year and, as he reported to the local headman Nai Kyan Kyit, he could only provide twenty baskets. The headman has already reportedly unlawfully fined Mr. La 560,000 Kyat (about US $560) for this.
When Mr. La was sent in critical condition to Kyeikkmayaw hospital on March 8th, following his torture at Nyaung Pin Zoet Police Station, news of the case spread to the local community. On March 10th, Reverend Wareinda, the local secretary of the Buddhist Monks' Association, an official body under the State Sangha Maha Nayaka Council, went to Kyeikmayaw Chief of Police Aye Thaung, insisting that the perpetrator of the human rights violations in question be punished.
On March 11th, 2003, as a result of the pressure, the police held a disciplinary tribunal, chaired by the Kyeikmayaw Chief of Police, Sub-inspector Aye Thaung (#La-102825) and also heard by Deputy Sub-inspectors Tun Than (#La-1131217) and Myint Tun (#La-131231). The tribunal heard the testimony of Mr. La and his wife, and four police officers. The tribunal found that Maung Toe was drunk on the night he tortured Nai La and legal action should be brought against him.
On March 21st, 2003, twelve monks under Reverend Silawanta submitted a letter to the Chairman of the Mon State Peace and Development Council and Chairman of the Mons State Southeast Command, General Myint Aung regarding the matter. On March 23rd, 2003, the New Mon State Party also lodged a letter of complaint with local military officials, demanding action. On March 25th, 2003, Nai La wrote to the Chairman of the Mon State Eace and Development Council.
Local officials detained Nai Kyan Kyit for a week while investigating the case. Following pressure from local monks, the Kyeikmayaw Chief of Police visited Nai La's house to conduct further inquiries. Mr. La's family has reportedly been kept in isolation since the police report was leaked to the community. Deputy Sub-Inspector Maung Toe has not yet been punished. OMCT condemns the impunity that the perpetrators of human rights violations enjoy and calls on the authorities to ensure that, in this case, Deputy Sub-Inspector Maung Toe is brought to justice.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, detention, and torture of 78-year-old Mr. La. OMCT calls on the authorities to guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law. Further to this, OMCT calls on the Myanmar government to guarantee that Mr. La receives adequate reparation for the injuries sustained during these events.
Action requested
Please write to the authorities in Myanmar urging them to:
i. order a thorough and impartial investigation into the circumstances in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee adequate reparation is provided to Mr. La;
iii. guarantee the respect of human rights and the fundamental freedoms, including Economic, Social and Cultural rights, throughout the country in accordance with national laws and international human rights standards.
Addresses
· Senior General Than Shwe, Chairman, State Peace and Development Council, Office of the Prime Minister, Ministry of Defence, Signal Pagoda road, Dagon Post Office, Yangon, Myanmar, Fax: + 95 1 652 624
· Lieutenant General Khin Nyunt, Secretary 1, State Peace and Development Council, c/o Ministry of Defense, Signal Pagoda Road, Yangon, Myanmar, Fax: + 95 1 222 950
· U Win Aung, Minister for Foreign Affairs, Ministry of Foreign Affairs, Yangon, Myanmar, Email: mofa.aung@mptmail.net.mm
· Colonel Tin Hlaing, Minster for Home Affairs, Ministry of Home Affairs, Corner of Saya San Street and No 1 Industrial Street, Yankin Township, Yangon, Myanmar
· Dr. Tun Shin, Director General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95-1 282 449
· Ambassador U Mya Than, Av. Blanc 47, CH-1202, Genève, Suisse, e-mail: mission.myanmar@ties.itu.int, fax: + 4122 738 48 82
Please also write to the embassies of Myanmar in your respective country.
Geneva, June 23rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Economic, Social and Cultural Rights
Arbitrary arrest and detention / Torture / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Myanmar.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the arrest and torture of a 78-year-old farmer in Kyeikmayaw Township in Myanmar.
According to the information received, Nai La, a 78-year-old farmer from the Kyeikmayaw Township, Mon State, Myanmar, was arrested by militiamen on March 4th, 2003, for failing to meet the paddy quota. Mr. La was detained at the Tarana police post in Kyeikmayaw Township for three nights before being transferred to Nyaung Pin Zoet Police Station on March 7th. At the Police Station, Deputy Sub-inspector Maung Toe (#LA-120798) reportedly handcuffed Mr. La in this cell and beat and kicked him until he lost consciousness.
Mr. La's arrest was the result of his inability to provide the expected paddy quota to the state. Mr. La and his wife have farmed fourteen acres in Kyeikmayaw Township for over 38 years. Each year they have given the required portion of their harvest to the state. This year Mr. La's quota was set at 168 baskets. Mr. La's crops were destroyed by floods this year and, as he reported to the local headman Nai Kyan Kyit, he could only provide twenty baskets. The headman has already reportedly unlawfully fined Mr. La 560,000 Kyat (about US $560) for this.
When Mr. La was sent in critical condition to Kyeikkmayaw hospital on March 8th, following his torture at Nyaung Pin Zoet Police Station, news of the case spread to the local community. On March 10th, Reverend Wareinda, the local secretary of the Buddhist Monks' Association, an official body under the State Sangha Maha Nayaka Council, went to Kyeikmayaw Chief of Police Aye Thaung, insisting that the perpetrator of the human rights violations in question be punished.
On March 11th, 2003, as a result of the pressure, the police held a disciplinary tribunal, chaired by the Kyeikmayaw Chief of Police, Sub-inspector Aye Thaung (#La-102825) and also heard by Deputy Sub-inspectors Tun Than (#La-1131217) and Myint Tun (#La-131231). The tribunal heard the testimony of Mr. La and his wife, and four police officers. The tribunal found that Maung Toe was drunk on the night he tortured Nai La and legal action should be brought against him.
On March 21st, 2003, twelve monks under Reverend Silawanta submitted a letter to the Chairman of the Mon State Peace and Development Council and Chairman of the Mons State Southeast Command, General Myint Aung regarding the matter. On March 23rd, 2003, the New Mon State Party also lodged a letter of complaint with local military officials, demanding action. On March 25th, 2003, Nai La wrote to the Chairman of the Mon State Eace and Development Council.
Local officials detained Nai Kyan Kyit for a week while investigating the case. Following pressure from local monks, the Kyeikmayaw Chief of Police visited Nai La's house to conduct further inquiries. Mr. La's family has reportedly been kept in isolation since the police report was leaked to the community. Deputy Sub-Inspector Maung Toe has not yet been punished. OMCT condemns the impunity that the perpetrators of human rights violations enjoy and calls on the authorities to ensure that, in this case, Deputy Sub-Inspector Maung Toe is brought to justice.
The International Secretariat of OMCT is gravely concerned by the arbitrary arrest, detention, and torture of 78-year-old Mr. La. OMCT calls on the authorities to guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law. Further to this, OMCT calls on the Myanmar government to guarantee that Mr. La receives adequate reparation for the injuries sustained during these events.
Action requested
Please write to the authorities in Myanmar urging them to:
i. order a thorough and impartial investigation into the circumstances in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee adequate reparation is provided to Mr. La;
iii. guarantee the respect of human rights and the fundamental freedoms, including Economic, Social and Cultural rights, throughout the country in accordance with national laws and international human rights standards.
Addresses
· Senior General Than Shwe, Chairman, State Peace and Development Council, Office of the Prime Minister, Ministry of Defence, Signal Pagoda road, Dagon Post Office, Yangon, Myanmar, Fax: + 95 1 652 624
· Lieutenant General Khin Nyunt, Secretary 1, State Peace and Development Council, c/o Ministry of Defense, Signal Pagoda Road, Yangon, Myanmar, Fax: + 95 1 222 950
· U Win Aung, Minister for Foreign Affairs, Ministry of Foreign Affairs, Yangon, Myanmar, Email: mofa.aung@mptmail.net.mm
· Colonel Tin Hlaing, Minster for Home Affairs, Ministry of Home Affairs, Corner of Saya San Street and No 1 Industrial Street, Yankin Township, Yangon, Myanmar
· Dr. Tun Shin, Director General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95-1 282 449
· Ambassador U Mya Than, Av. Blanc 47, CH-1202, Genève, Suisse, e-mail: mission.myanmar@ties.itu.int, fax: + 4122 738 48 82
Please also write to the embassies of Myanmar in your respective country.
Geneva, June 23rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.