Thailand
03.07.03
Urgent Interventions

Thailand: arrest, detention and risk of deportation of eleven Burmese activists

Case THA 030703
Arbitrary arrests and detention / Risk of extradition / Risk to personal integrity

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.

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, detention and risk of deportation of eleven Burmese activists in Thailand.

According to the information received, on June 26th, 2003, police from Phasi Caroen station arrested eleven Burmese activists in Bangkok, Thailand. The activists were charged with illegal entry into Thailand and are now being detained at the Immigration Detention Center.

The activists, who included columnist and key member of the Democratic Federation of Burma (DFB), Soe Muhem, were arrested for distributing leaflets demanding the release of Aung San Suu Kyi. They were arrested while meeting to plan a protest in front of the Burmese embassy, scheduled for June 30th. Most of the eleven activists are Burmese students who have campaigned for democracy and were forced to flee Burma and seek political asylum. The Burmese activists are all either refugees, or in the process of seeking asylum at the United Nations High Commissioner for Refugees (UNCHR). The eleven detainees are:

UNHCR recognised refugees: Moe Hein (Male); Zeya Win (Male); Htay Lwin (Male); Saw Naing Kyaw (Male); Khin Thandar Soe (Female);
Asylum seekers: Khin Maung San (Male); Zaw Min Latt (Male); Soe Thu Lwin (Male); Kyaw Kyaw (Male); Ko Latt (Male); and Ko Ko Naing (Male).

According to Phasi Charoen Police Chief, Cchatcharin Swangwong, these arrests were made in accordance with Prime Minister Thaksin Shinawatra's policy to "keep order in the country." The Thai authorities have indicated that the activists may be deported to Burma, where they face a high risk of being subjected to torture. On June 26th, Thai language newspapers reported that the National Security Council (NSC), the Ministry of the Interior, the Ministry of Defence and the National Police Office received a warning from the State Peace and Development Council (SPDC), Burma's ruling junta, that Burmese student activists might be planning to raid the Burmese embassy in Bangkok, kidnap Burmese diplomats and the Minister of the Interior, or bomb the Bangkok Airport in their campaign to free Aung San Suu Kyi. Burmese student activists deny these accusations and the exiled student leader of the All Burma Students' Democratic Front (ABSDF) says that these false tips are ABSDF's attempt to force a major crackdown on pro-democracy groups, which have previously been given refuge in Thailand. There are serious concerns that this case may mark the beginning of a wider crackdown on Burmese refugees, notably students and activists, in Thailand.

The International Secretariat of OMCT condemns the arrest of peaceful Burmese activists in Thailand, and is gravely concerned for the physical and psychological integrity of the detainees, notably given the risks of being subjected to torture that they face should they be deported to Burma. OMCT calls on the Thai government to order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times. OMCT further urges the Thai authorities to ensure that the activists are not deported to Burma.


Background Information

In the last year, Prime Minister Thaksin has adopted a policy imposing restrictions on the activities of pro-democracy and human rights groups working on Burmese issues. A security directive adopted on July 4th, 2002, banned pro-democracy and human rights groups working on the situation in Burma, reportedly in order to mend relations with the ruling SPDC. The Thai government is thought to be showing a lack of support for anti-SPDC groups, in an attempt to secure and further its economic interests in Burma. In the last year, pro-democracy groups, dissident groups, and Thai and foreign NGOs working on the Thai Burma border have been under surveillance and faced harassment and raids by security and law enforcement agents, with some of them having closed or halted their activities out of fear of arrest and deportations.

Army spokesman Colonel Somkhuan Saenpattaranate announced that "the Thai government and the army would not allow any foreign groups or national to use our territory to launch military raids or conduct unfriendly activities against neighbouring countries. Their misadventure could seriously effect our national security and relations with neighbours." Additionally, NSC Secretary General, General Winai Phattiyakhul has said that Thailand would no longer shelter and resettle refugees fleeing political conflicts.

Action requested

Please write to the authorities in Thailand urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned 11 detained Burmese political activists and refugees, and ensure that they are not deported to Burma, where they face a high risk of being subjected to torture;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Mr. Chinnawat THAKSIN, Prime Minister, Govemment House, Pitsanulok Road, Dusit District, Bangkok 10300 / Thailand, Email: govspkman@mozart.inet.co.th, Faxes: + 66 2 280 1443 / 2 282 8631

· HE Purachai Piumsombun, Minister of Interior, Ministry of Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226-4371, Email: webteam@moi.go.th

· Prof. Saneh Chamrik, Chairperson, The National Human Rights Commission, 422 Phya Thai Road, Pathumwan District, Bangkok 10330, THAILAND, Fax: +66 2 219 2940, E-mail: commission@nhrc.th

· Ambassadeur, Mme Laxanachantorn Laohaphan, Rue Gustave Moynier 5, CH-1202, Genève, Suisse, e-mail : mission.thailand@ties.itu.int, fax: +4122 715 10 00

Please also write to the embassies of Thailand in your respective country.

Geneva, July 3rd, 2003

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