Arbitrary arrest of two MPs_Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your urgent intervention in the following situation in Burma/Myanmar.

Brief description of the situation

The International Secretary of OMCT has been informed by a reliable source and Antenna International, member organisation of OMCT SOS-Torture network, about the arbitrary arrest of two National League for Democracy’s (NLD) members of Parliament (MP), Mr. U Nyi Pu (elected from Gwa Township, Rakhine State) and Dr. Tin Min Htut (elected from Pantanaw Township, Irrawaddy Division) on 12 August 2008 in Rangoon.

According to the information received, eight police officers and some local authorities came to Mr. U Nyi Pu’s apartment located at 42nd Street, Botataung Township at 1:00am on 12 August 2008 and searched the place for two hours before arresting Mr. U Nyi Pu at 3:00am. At the same time, Dr. Tin Min Htut was arrested by police officials at his home in Bahan Township after he had just arrived from his home town Pantanaw. Their current whereabouts are unknown.

Mr. U Nyi Pu and Dr. Tin Min Htut were among five Burmese MPs, who sent a letter to United Nations’ Secretary General Ban Ki-moon and members of the UN Security Council in July 2008, in which they stated that they do not recognize the regime’s recently passed constitution and would not participate in the 2010 elections. While there has been no official reason for their arrest, it is believed that it is linked to this letter.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. U Nyi Pu and Dr. Tin Min Htut, who seemed to have been arrested solely for their rights to freedom of expression. OMCT fears that they may be subject to torture and ill-treatment.

Action requested

Please write to the authorities in Burma/Myanmar urging them to:

1. Immediately locate the whereabouts of Mr. U Nyi Pu and Dr. Tin Min Htut;
2. Guarantee, in all circumstances, their physical and psychological integrity;
3. Guarantee immediate and unconditional access to their lawyers, families and any medical treatment they may require;
4. Order they immediate release in the absence of valid 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;
5. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Aye Maung, Attorney General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95 1 371 028/ 282 449 / 282 990
• Lt Sein Thein, Prime Minister, c/o Ministry of Defence, Signal Pagoda Road, Yangon, Myanmar, Tel: + 95 1 372 681; Fax: + 95 1 652 624
• Minister for Home Affairs, Ministry of Home Affairs, No. 10 Naypyidaw, Myanmar; Tel: +95 67 412 040/ 069/ 072; Fax: +95 67 412 016/ 439; E-mail: ddg.gad@gad.gov.mm
• Permanent Mission of Myanmar to the United Nations in Geneva, 47 avenue Blanc, 1202 Geneva, Switzerland, Tel: + 41 22 906 98 70; Fax: + 41 22 732 89 19; Email: mission.myanmar@ties.itu.int
• Embassy of Myanmar in Brussels, 9 boulevard Général Wahis, 1030 Schaerbeek, Brussels, Belgium, Fax: + 32 2 705.50.48.

Please also write to the diplomatic representations of Burma/Myanmar in your respective country.

Geneva, 14 August 2008