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IDHAE INFORMATION

 

U Aye Myint, a prominent human rights lawyer, who has handled many cases concerning forced labour and land confiscation in Burma, was taken into custody on Tuesday.

 

U Aye Myint was arrested in Pegu, north of Rangoon, at 2pm. His whereabouts are currently unknown.

 

On September 26th,  group of lawyers in Burma have established a new union to introduce "genuine politics" to the country and defy what they called the regime's "forced politics" as protests continued for a tenth day despite harsh warnings in the media and through loudspeakers on government vehicles.

 

In a preliminary statement, a copy of which was obtained by the Asian Human Rights Commission (AHRC), the Lawyer's Union of Burma said that for half a century the country had been repressed and impoverished by the army

 

The lawyers called for the government to accept the people's demands for reductions in commodity prices, the release of all political prisoners, and dialogue for national reconciliation.

 

 

IDHAE :  Burma was first brought under interim military rule in 1958. It has been under it continuously since 1962. Human rights violations in Myanmar are widespread and systematic. They include the use of child soldiers and forced labour. Laws criminalize peaceful expression of peaceful dissent. Most senior opposition figures are imprisoned or detained, and accordind to Assistance Association for Political Prisoners AAPP (Burma) more than 1158 political prisoners were held in deteriorating prison conditions on August 21th 2007. People are frequently arrested without warrant and held incommunicado; torture and other cruel, inhuman and degrading treatment are common, especially during interrogation and in custody awaiting trial. Judicial proceedings against political detainees fall short of international standards for fair trial. Defendants are often denied the right to legal counsel and prosecutors have relied on confessions extracted through torture.

 

Lawyer U Aye Myint (alias Aye Myint Maung)  and eight other persons were  arrested on 17 July 2003 by members of the Military Intelligence  and charged under section 122 of the Penal Code for High Treason for their antigovernment activities.

They were  convincted and sentenced to death on 28 November 2003 by a Yangoon Martial Court under article 122/1 of the law for high treason for supposedly trying to murder the leaders of the SDPC. The nine were also accused of having contacts with political organizations in exile partly on the basis that he had communicated with the ILO.

After pressyure by ILO the death sentencewas commuted to three years’ imprisonment, for treason, .  U Aye Myint was released in January 2005.

 

On 5 June 2005, local officials in Daik-U township, Pegu Division (north of Rangoon Division), arranged a meeting with around 100 farmers in Phaungdawthi Village Tract. The secretary of the local council informed the farmers that they would be allocated 132 acres out of 452 acres of designated pastureland for their cattle to graze upon. The remainder of the land would be divided up among the army, army supply corps, a government-established mass mobilisation body (the Union Solidarity and Development Association) and the township army veterans' association.

The farmers were unhappy as this was officially designated pastureland and they felt that the amount of land left for their cattle would be insufficient. They sought the assistance of lawyer U Aye Myint to lodge a complaint. The following day, June 6, Aye Myint assisted in writing a letter of complaint to the representative of the International Labour Organisation (ILO) in Rangoon, which was signed by 15 farmers. A group of the farmers later met the ILO representative, together with two local officials who were supportive of their complaint.

The township authorities reacted by arresting Aye Myint on the night of August 27, 2005. According to his son's testimony in court, police and government officers arrived at the family residence at about 11:30pm on the pretext of checking for illegal visitors. (In Burma all visitors staying overnight away from their own house must be registered.) After that they said they had come to arrest Aye Myint, and took him away to detention at the Daik-U Township Police Station. 

On October 10, the preliminary hearings against Aye Myint began in the Daik-U Township Court, on a charge of having distributed false information, under an antiquated emergency regulation. The court refused two applications for bail.


U Aye Myint was sentenced to seven years' imprisonment allegedly for helping farmers report to the authorities and the International Labour Organization (ILO) that local officials had confiscated their land. Amnesty International considered him to be prisoners of conscience.

    

U Aye Myint was on 8 july 2006 freed from prison after serving 11 months of a seven year sentence after strenuous international pressure and attention. The International Labour Organisation (ILO) had given the authorities in Burma until the end of July to release Aye Myint, who had helped lodge a complaint to ILO staff, or face strong international legal action. Aye Myint has said that he will continue to take up rights-related cases, but it is unclear at this stage whether his licence to practice law will be returned to him or not. 
 
Before being released Aye Myint was required to sign a document that if he commits any further offence in the remaining period of his sentence (six years and one month) then he will be returned to prison and required to serve out the full term.

 

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language:

- urging the authorities to immediately and unconditionally release U Aye Mynt and also  Su Su Nway;

- urging the authorities to immediately ensure that while in detention, all four are granted access to lawyers, families and medical treatment;

- calling on the authorities to treat these four as well as all other detainees humanely, and not subject them to torture or other ill-treatment;

- calling on the authorities to cease the systematic and arbitrary detention of suspected sympathizers or family members of protestors as “hostages” in violation of international law;

- calling for the release of all those who were arrested for exercising their right to freedom of expression of assembly during the crackdown, as well as all prisoners of conscience held before the recent events.

 

APPEALS TO:
Senior General Than Shwe
Chairman
State Peace and Development Council
c/o Ministry of Defence, Naypyitaw,
Union of Myanmar
Salutation: Dear General

Nyan Win
Minister of Foreign Affairs
Ministry of Foreign Affairs
Naypyitaw,
Union of Myanmar
Salutation: Dear Minister

Ambassade de l’Union de Myanmar
Boulevard Général Wahis, 9
1030 Bruxelles.
Fax : 02/705.50.48

PLEASE SEND APPEALS IMMEDIATELY.

 

 

 

 

 

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