Myanmar (Burma)
17.10.14
Urgent Interventions

Release of Mr. Thaw Zin

New information
MMR 001 / 0214 / OBS 009.2
Release
Burma
October17, 2014

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), has received newinformation and requests your urgent intervention in the following situation inBurma.

New Information:

The Observatory has been informed by reliable sources about the release of Mr. Thaw Zin, a member ofthe Yangon People's Support Network and an activist campaigning for farmersaffected by the Letpadaung copper mine in Salingyi Township, Sagaing Region[1].

According the information received, on September 26, Mr. Thaw Zin wasreleased from Monywa prison. No reason was given for his early release.

The Observatory welcomes the release of Mr. Thaw Zin and thanks all theindividuals, institutions, and organisations who intervened in his favour.However, the Observatory regrets that he was arbitrarily detained for more thanseven months before being released.

The Observatory more generally reiterates its call on the Burmeseauthorities to put an end to all acts of harassment – including at the judiciallevel – against all human rights defenders in Burma, and to comply with allinternational human rights standards and international instruments ratified byBurma, in particular the United Nations (UN) Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998.

Background information:

Peaceful protests that began in August 2012 againstthe Letpadaung copper mine were heavily repressed by the authorities on severaloccasions. In November 2012, police used white phosphorus bombs to dispersepeaceful protestors, injuring dozens, including Buddhist monks.

Mr. Thaw Zin had previously been detained in 2013 under Article 18 of thePeaceful Assembly and Peaceful Procession Law, for organising protests withoutobtaining the authorities’ prior permission[2]. The charge was subsequently dropped under apresidential amnesty announced on December 31, 2013.

On February 11, 2014, at about10 am, six plain-clothed policeofficers arrested Mr. Thaw Zin in SalingyiTownship. Shortly after the arrest, about 100 villagers marched to the Nyaungpingyipolice station, calling for Mr. Thaw Zin’s release, but the authoritiesdeclined to explain the reasons of the arrest. Later, the police only confirmedthat Mr. Thaw Zin had been sent to Monywaprison.

In March 2014, Mr. Thaw Zin wassentenced to 15 months in prison under Article 447 (trespassing) and 505(b)(disturbing public tranquillity) of the Criminal Code for his role in helpinglocal villagers protest against land seizures related to the Letpadaung coppermine.

Actions requested:

Please write 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 inBurma/Myanmar;

ii. Put an end to acts ofany acts of harassment, including judicial harassment, against him as well asagainst all human rights defenders in Burma/Myanmar;

iii. 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 the rights referred to in the present Declaration”;

Addresses:

· U TheinSein, President of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR;Fax: + 95 1 652 624

· Lt. GenKo Ko, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10,Naypyitaw, MYANMAR; Fax: +95 67 412 439

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

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

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

· U KyawKyaw 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, PermanentRepresentative to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva,Switzerland. Fax: +41 22 732 89 19, +41 22 732 73 77, Email: mission@myanmargeneva.org

· Embassyof Myanmar in Brussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax:+32 (0)32 2 705 50 48, Email: mebrussels@skynet.be

Please also write to the diplomatic representations ofBurma in your respective countries.


[1] The Letpadaung copper miningproject a joint venture between the Burmese military's Union of MyanmarEconomic Holdings (UMEH) and the Chinese Wan Bao Company, which led to thedisplacement of farming families in 26 villages from their land, with more than7,000 acres confiscated in 2010.

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