United Nations Working Group finds that the detention of human rights defender Mr. Htin Kyaw was arbitrary

On December 11, 2013, Burma’s President Thein Seinordered the release of 41 political prisoners in a presidential amnesty. Amongthose freed was prominent human rights defender Mr. Htin Kyaw, leader ofthe Movement for Democracy Current Force (MDCF), an organisation that assistsgrass-roots communities in their struggle against land-grabbing and other humanrights violations. He was re-arrested on the same day on sedition charges andeventually released in another presidential amnesty on December 31, 2013.

In its opinion, adopted when Mr. Htin Kyaw was stillbehind bars, the UN WGAD found that the latter had exercised his “right tofreedom of opinion and expression and to freedom of association” byengaging in a peaceful protest against the eviction of some people from theirlands. The UN WGAD noted that the Burmese Government did not challenge thepeacefulness of Mr. Htin Kyaw’s protest.

The UN WGAD also stated that the Governmentacknowledged that Mr. Htin Kyaw had been arrested, detained, andsentenced to six months’ imprisonment under the Act on the Right to PeacefulAssembly and Peaceful Procession, and Article 505 (b) of the Penal Code. The UNWGAD found that those two pieces of legislation “fall below the standards ofinternational human rights law, offending in particular articles 9, 19 and 20of the Universal Declaration of Human Rights” (UDHR).

As a result, the Working Group concluded that thedeprivation of liberty of Mr. Htin Kyaw was “arbitrary, being incontravention of the said articles of the [UDHR]”.

The Observatory recalls that about 40 politicalprisoners remain behind bars and over 100 people, including farmers whopeacefully protested against land confiscation, are awaiting trial on variouscharges, including trespassing and sedition.

“In line with the UN WorkingGroup’s opinion, we reiterate our call for the immediate and unconditionalrelease of all remaining human rights defenders and political prisoners inBurma”, said FIDH President Karim Lahidji. “The Governmentof Burma must stop prosecuting individuals who are merely exercising the rightsand freedoms guaranteed in the Universal Declaration of Human Rights”,he urged.

“Theinternational community is looking at the changes in Burma with hopes but alsoanxiety as to their seriousness and speed of implementation. Demonstratedcommitment to universal human rights standards and their implementation is thereal litmus test for the authorities”, said OMCT Secretary General Gerald Staberock. “The obligations flowing from theUN WorkingGroup’s decision are now clear:the provision of reparation for the unlawful detention suffered, and the repealof a set of legislation that lends to arbitrary forms of detention as recognisedby the UN Working Group on Arbitrary Detention”, he added in a comment on the decision.

For more information, please contact:

· FIDH: Audrey Couprie/Arthur Manet: +33 1 43 55 25 18

· OMCT: Delphine Reculeau: +41 22 809 49 39