Sentencing of members of the 88 Generation Students group_Fear for their safety

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 OMCT SOS-Torture Network, about the sentencing of several members of the 88 Generation Students group[1] following unfair trials and their transfer to remote prisons.

According to the information received, on 11 November 2008, Mr. Min Ko Naing, leader of the 88 Generation Students group[2], Mr. Ko Ko Gyi, Mr. Pyone Cho, Mr. Mya Aye, Mr. Htay Kywe, Mr. Hla Myo Naung, Mr. Aung Thu, Mr. Nyan Lin and Mr. Aung Naing (aka Myo Aung Naing) were sentenced to 65 years in prison with hard labour by a special court held inside Ma-Ubin prison. They were all reportedly sentenced to 15 years imprisonment each for four charges under the Section 33 (A) of the Electronic Transactions Act and five years imprisonment for one charge under the Section 6 of the Law Relating to Forming of Organizations. In addition, on 29 October 2008, they had already been sentenced to six-month imprisonment each by a court in Insein Prison for contempt of court, before being transferred, on 30 October 2008, to Ma-ubin prison.

According to the same information, Mr. Min Zeya, Mr. Jimmy (aka) Kyaw Min Yu, Mr. Ant Bwe Kyaw, Mr. Panneik Tun, Ms. Nilar Thein, Ms. Mie Mie (aka) Thin Thin Aye, Mr. Kyaw Kyaw Htwe (aka) Marki, Mr. Zaw Zaw Min, Mr. Thet Zaw (aka) Zaukhto, Mr. Than Tin (aka) Kyee Than, Ms. Sandar Min (aka) Shwee, Ms. Thet Thet Aung, and Ms. Mar Mar Oo, as well members of the 88 Generation Students group, were also sentenced to 65 years imprisonment each with hard labour by a special court held inside the Insein Prison Compound, on 11 November 2008. They were reportedly sentenced only for five counts of indictment, 15 years each for four counts of indictment under the Section 33 (A) of the Electronic Transactions Law and five years imprisonment for one count under the Section 6 of the Law Relating to Forming of Organization.

It is feared that they will be further sentenced as their trials continue under another 16 counts of indictment. They all were charged with altogether 21 counts of indictment and are on trials since August 2008. Two more defendants were added into their cases, when Mar Mar Oo and Nilar Thein were arrested in August and September 2008.

According to the same information received, family members were not allowed to attend the hearings and were not informed by the authorities before and after the sentencing. Furthermore, three lawyers, who defended these activists, were reportedly arrested and imprisoned earlier under the charge of contempt of court.

On 16 November 2008, at around 3:00am, the following were transferred to prisons far away from Rangoon.

Mr. Min Ko Naing and Mr. Ko Ko Gyi were transferred to Kengtong Prison in Shan State, 700 miles North of Rangoon. Mr. Mya Aye was transferred to Loikaw Prison in Kayah State (Karenni State), 551 miles North of Rangoon. Mr. Pyone Cho (aka) Htay Win Aung was transferred to Kawthaung Prison in Tanintharyi Division, 800 miles South of Rangoon. Mr. Htay Kywe was transferred to Buthitaung Prison in Rakhine (Arakan) State, 730 miles North West of Rangoon. Mr. Hla Myo Naung was transferred to Myitgyinar Prison in Kachin State, 900 miles North of Rangoon. Mr. Aung Thu was transferred to Putao Prison in Kachin State, 1150 miles North of Rangoon and Mr. Aung Naing (aka) Myo Aung Naing was transferred to Kalaymyo Prison in Sagaing Division, 680 miles North of Rangoon.

The above mentioned individuals were arrested on 21 August 2007 by members of the Police Special Branch. These arrests were reportedly aiming at dissuading nationwide demonstrations against the last year sudden increase by the regime of fuel prices, therefore leading to a deterioration of the standard of living. In particular, these arrests followed a peaceful march that took place on 19 August 2007 in order to protest against the decision, on 15 August 2007, by the regime to double the price of diesel and petrol and quintupled the prices of compressed natural gas for cooking and buses.

The International Secretariat of OMCT expresses its deep concern about the sentencing of the above mentioned individuals, who seemed to have been arrested solely for their rights to freedom of expression and peaceful political opposition during the protests in August and September 2007. OMCT is further very much concerned with regard to their physical and psychological integrity and their conditions of detention. OMCT wishes to recall that the prohibition of torture is a peremptory norm, that torture can never be justified under any circumstances. It further calls on the authorities to comply with the UN Standard Minimum Rules for the Treatment of Prisoners.

Action requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of the above mentioned individuals;
2. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
3. Immediately drop convictions of the above mentioned sentenced individuals and release them;
4. 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;
5. 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 / 282 990
• Lt 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.mm
• Permanent 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.

Geneva, 19 November 2008

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

[1] Follow up of OMCT Press Releases issued on 220807, 270907, 151007 and 220408.

[2] All members of the 88 Generation Students Group are former student leaders who organised in 1988 a major popular uprising in Burma, which the military regime responded to by killing up to 10,000 students and activists throughout the country. They spent over 15 years in prison after suffering severe torture and were released in 2004.