ASIAN HUMAN RIGHTS COMMISSION
6 February 2008
BURMA: Monks, nuns and civilians still detained after nationwide protests in September 2007
ISSUES: Arbitrary, illegal arrest and detention
BURMA: 2007 PROTESTS http://campaigns.ahrchk.net/burmaprotests/
Dear friends,
The Asian Human Rights Commission (AHRC) has updated lists of some of the monks, nuns and civilians who were arrested on charges of destroying and damaging places of worship, during the military-led crackdown on protestors in September 2007. Please refer to the lists (PDF) for more details.
CASE DETAILS:
List 1Eighteen monks and nuns were detained in North and South Oakkalapa Township of Rangoon, on 28 September 2007, from Thitsatharapu Monastery, Hanthawadi Monastery, and South Oakkalapa. They have been charged with "destroying, damaging or defiling any place of worship, with the intention of thereby insulting the religion" and for acting maliciously to intentionally offend the religious beliefs of others, which carries a maximum penalty of two years imprisonment. All have been derobed and forced to revert to their civilian names, and will face trial on 7 February 2008.
Monks and nuns who are released are must complete and sign a form, whereby they are forced to admit having committing a crime. (To view the form, please go to http://campaigns.ahrchk.net/burmaprotests/pledgeform.pdf)
List 2
Furthermore, sixty-seven civilians were detained on 5 and 28 September 2007, of which a number have been charged under the Arms Act and the Emergency Provisions Act, with the intent to "spread false news, knowing or having reason to believe that it is not true" and "to alarm the people…in a way that would create panic amongst them". A number have allegedly not had access to a lawyer or been able to meet family members whilst being held in custody for over three months.
The AHRC has also received incomplete lists of twelve monks who have either disappeared or have died, ten students who have been dismissed from the Sathana University and fifteen monks who are outside the country. Furthermore, the AHRC has received a list of fifty-seven monasteries that have been searched and destroyed by the authorities. Both Maggin Monastery in Thingankyun and Pago Monastery were forced to close.
BACKGROUND INFORMATION:
The AHRC has closely followed and documented the internationally deplored protests in Burma of August and September 2007. More information on the protests, including statements and appeals can be found at the webpage: http://campaigns.ahrchk.net/burmaprotests/
Following the nationwide protests, the AHRC has issued numerous appeals of cases linked to the protests, including most recently that of Khin Sanda Win, a 23-year-old university student who was illegally detained and held at a special military camp (please see: UAC-022-2008).
In December the AHRC's sister organisation issued a comprehensive report on Burma: "Burma, political psychosis and legal dementia". The report contains a lengthy section on the protests.
For further general information on Burma see also the 2007 AHRC Human Rights Report chapter on Burma, and visit the AHRC Burma homepage: http://burma.ahrchk.net.
SUGGESTED ACTION:
Please send a letter to the concerned domestic and international agencies to raise your concern over the alarming number of detainees held and charged following the nationwide protests in Burma. Please note that for the sake of this letter the country should be referred to by its official title of Myanmar rather than Burma, and Rangoon as Yangon.
The AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar, on violence against women and on freedom of religion or belief, calling for intervention in these cases.
SAMPLE LETTER:
Dear __________,
MYANMAR: Monks, nuns and civilians still detained after nationwide disturbances in September 2007
I am writing to voice my deep concern regarding the large number of persons that have been charged and detained since the nationwide protests in Myanmar in September 2007.
I am aware that among those detained, eighteen monks and nuns were taken from North and South Oakkalapa Township, of Yangon, on 28 September 2007, from Thitsatharapu Monastery, Hanthawadi Monastery, and South Oakkalapa. They have been charged with "destroying, damaging or defiling any place of worship...with the intention of thereby insulting the religion" under Penal Code Section 295 and for acting maliciously to intentionally offend the religious beliefs of others under Section 295A, which carries a maximum penalty of two years imprisonment. All have been derobed and forced to revert to their civilian names, and will face trial on 7 February 2008.
Furthermore, at least sixty-seven civilians, who were detained on 5 and 28 September 2007, of which a number have been charged under the Arms Act and Section 5J of the Emergency Provisions Act, which includes the intent to "spread false news, knowing or having reason to believe that it is not true" and "to alarm the people...in a way that would create panic amongst them". A number have allegedly not had access to a lawyer or been able to meet family members whilst being held in custody for three months under Section 5J of the Emergency Provisions Act.
I am also aware that several students have been dismissed from Sathana University and a number of monks have been forced to go outside the country. Furthermore, it has come to my attention that there have been a large number of monasteries that have been searched and damaged by the authorities, whilst both Maggin Monastery in Thingankyun and Pago Monastery were forced to close.
In light of the above, I urge you to thoroughly investigate the alarming number of cases so far reported without delay, to conduct a complete review of the charges and trials of these persons and to release those held without charge at once. Furthermore, I urge you to ensure that each person is treated in accordance with domestic and international laws, and is brought before the courts within 24 hours or are immediately released. Lastly, I call for the granting of immediate access to all detainees by the ICRC, concerned United Nations agencies, lawyers and family members.
Yours sincerely,
-------------
PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. Maung OoMinister for Home AffairsMinistry of Home AffairsOffice No. 10NaypyitawMYANMARTel: +95 67 412 079/ 549 393/ 549 663Fax: +951 549 663 / 549 208
2. Lt-Gen. Thein SeinPrime Ministerc/o Ministry of DefenceNaypyitawMYANMARTel: + 95 1 372 681Fax: + 95 1 652 624
3. U Aung ToeChief JusticeOffice of the Supreme CourtOffice No. 24NaypyitawMYANMARTel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145Fax: + 95 67 404 059
4. U Aye MaungAttorney GeneralOffice of the Attorney GeneralOffice No. 25NaypyitawMYANMARTel: +95 67 404 088/ 090/ 092/ 094/ 097Fax: +95 67 404 146/ 106
5. Brig-Gen. Khin YiDirector GeneralMyanmar Police ForceMinistry of Home AffairsOffice No. 10NaypyitawMYANMARTel: +95 67 412 079/ 549 393/ 549 663Fax: +951 549 663 / 549 208
6. Mr. Patrick VialHead of DelegationICRCNo. 2 (C) - 5 Dr. Ba Han LaneKaba Aye Pagoda Road, 8th MileMayangone TownshipYangonMYANMARTel: +951 662 613 / 664 524Fax: +951 650 117E-mail: yangon.yan@icrc.org
Thank you.
Asian Human Rights Commission19/F, Go-Up Commercial Building,998 Canton Road, Kowloon, Hongkong S.A.R.Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
No comments:
Post a Comment