Arbitrary arrest of the leader of the Myanmar Farmers Union Ms. Su Su Nway

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URGENT APPEAL - THE OBSERVATORY

MMR 004 / 0715 / OBS 061.2

Arbitrarydetention /

Judicialharassment

Burma / Myanmar

December 14, 2015

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Burma / Myanmar.

Newinformation:

TheObservatory has been informed by reliable sources about the arbitrary arrest ofthe leader of the Myanmar Farmers Union Ms. Su Su Nway.

Accordingto the information received, on December 8, 2015, Su Su Nway appeared before acourt in Pyin Oo Lwin Township, Mandalay Division, to face charges underArticle 18 of the Act on the Right to Peaceful Assembly and Peaceful Processionfor organising an unauthorised protest against land confiscation in mid-2014.

Policearrested Ms. Su Su Nway on December 6, 2015, at around 4:30 pm, afterparticipating in a human rights workshop for local farmers at Pyin Oo Lwin EdenHotel. She was then taken to the Pyin Oo Lwin Myomapolice station.

Eight farmers who took part in the 2014 protestwere also charged under Article 18 of the Act on theRight to Peaceful Assembly and Peaceful Procession. However, Ms. Su SuNway is the only one to remain in custody.

The Observatory condemns the new arrest,judicial harassment and arbitrary detention of Ms. Su Su Nway, which seemmerely aimed at sanctioning her peaceful human rights activities, and callsupon the Burmese authorities to release her immediately and unconditionally.

Backgroundinformation:

In earlyJune 2015, police in Intagaw, Pegu Township, PeguDivision, informed Ms. Su Su Nway thata local Army commander, Captain Hein Zaw, had filed charges against her fortrespassing. She had refused to answer the charge.

OnJuly 23, 2015, police in Intagaw arrested Ms. Su Su Nway after she had met withfarmers seeking the return of land that the military had confiscated from themin Nyaunglebin Township in 2003. Ms. Su Su Nway was on her way back to Rangoonwhen she was arrested.

Thesame day, a court in Pegu Division charged Ms. Su Su Nway under Article 447 ofthe Criminal Code (trespassing) and sent her to Pegu Prison. Ms. Su Su Nwaydenied the charges and turned down bail, which had been granted by the court.

On August 17, 2015, Ms. Su Su Nway was released from Pegu Prison, PeguDivision, on time served.

Ms. Su Su Nway had previously been detained onvarious occasions between 2005 and 2007. She was eventually released along withhundreds of other political prisoners during a presidential amnesty allowed onOctober 12, 2011.

Actionsrequested:

Pleasewrite to the Burmese authorities, urging them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Ms.Su Su Nway, and all human rights defenders in Burma;

ii. Immediately andunconditionally release Ms. Su Su Nway since her detention is arbitrary andonly aimed at sanctioning her human rights activities;

iii. Put an end to acts ofany acts of harassment, including at the judicial level, against Ms. Su Su Nway and all human rights defenders in Burma;

iv. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its:

- Article 1, whichstipulates that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

- Article 12.1, whichstates that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms”;

- Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

v. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights, and ratifyinternational and regional human rights instruments.

Addresses:

· U Thein Sein, Presidentof Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR

· Lt Gen Ko Ko, Ministerfor Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR

· U Win Mra, Chairman ofthe Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township,Yangon, Republic of the Union of Myanmar; Email: chmyanmarnhrc@gmail.com

· Dr. Tun Shin, AttorneyGeneral, Office of the Attorney General, Office No. 25, Naypyitaw, MYANMAR;Email: ago.h.o@mptmail.net.mm

· U Tun Tun Oo, ChiefJustice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Email:scunion@mptmail.net.mm

· Maj Gen Zaw Win,Director General, Myanmar Police Force, Ministry of Home Affairs, Office No.10, Naypyitaw, MYANMAR

· H.E. Mr. Maung Wai,Ambassador Extraordinary and Plenipotentiary, Permanent Representative to theUnited Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland. Fax: +4122 732 89 19, +41 22 732 73 77, Email: mission@myanmargeneva.org

· Embassy of Myanmar inBrussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax: +32 (0)32 2705 50 48, Email: mebrussels@skynet.be

Pleasealso write to the diplomatic representations of Burma in your respectivecountries.

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Paris-Geneva, December 14, 2015

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

The Observatory, an FIDH and OMCT venture, is dedicated to theprotection of Human Rights Defenders and aims to offer them concrete support intheir time of need.

To contact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 143 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 22809 49 39 / + 41 22 809 49 29