Arbitrary detention and sentencing of Messrs. Thein Aung Myint, Saw Hla Aung, Kyaw Myo Htun and Ms. Khet Khet Tin

Obstacles to freedom of peaceful assembly /

Arbitrary detention /

Judicial harassment

Burma / Myanmar

March 23, 2015

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Burma / Myanmar.

Description of the situation:

The Observatory has been informed by reliable sources about the arbitrary detentionand sentencing of Messrs. Thein AungMyint and Saw Hla Aung, members of the Movement for DemocracyCurrent Force (MDCF). MDCF is a community-based organisation that campaignsagainst land-grabbing and other human rights violations.

On March 23, 2015, a court in Mandalay’s Chan Aye TharZan Township sentenced Movement for Democracy Current Force (MDCF) membersMessrs. Thein Aung Myint and Saw Hla Aung to six months in prison under Article18 of the Act on the Right to Peaceful Assembly and Peaceful Procession forleading a peaceful protest against electricity price hikes on March 27, 2014.

The court also sentenced two other people, Mr. KyawMyo Htun and Ms. Khet Khet Tin, to six months under the same law inconnection with the March 27 protests, even though they were not involved inthe demonstration. Mr. Kyaw Myo Htun only observed and applauded theprotesters, while Ms. Khet Khet Tin, who is Thein Aung Myint's wife, wasshopping in the area at the time the protest took place. When she saw thatauthorities were arresting her husband, she asked them not to use excessiveforce in the process. The four are detained in Mandalay's Oh Bo Prison. Ms.Khet Khet Thin will appeal the sentence.

Thein Aung Myint had applied for permission fromtownship authorities to hold the protest. However, authorities refused to grantpermission on the grounds that Thein Aung Myint was not a resident of thattownship. About 100 people took part in the March 27 demonstration.

Thein Aung Myint is a human rights defender who hasbeen working to help communities advocate for their rights, including landrights. He is also a former political prisoner. He was detained in 1994, 2007,2009, 2010, and 2012 for his peaceful protest activities.

The Observatory regrets that MDCF members have beenthe target of judicial harassment and arbitrary imprisonment.

The Observatory strongly denounces the detention andjudicial harassment of Messrs. Thein Aung Myint and Saw Hla Aung, which merelyaim at sanctioning their peaceful human rights activities, and calls for theirimmediate and unconditional release.

Actions requested:

Please write to the authorities of Burma, urging themto:

i. Guaranteein all circumstances the physical and psychological integrity of Messrs. TheinAung Myint, Saw Hla Aung and Kyaw Myo Htun and Ms. Khet Khet Tin, as well as of all human rights defenders inBurma;

ii. ReleaseMessrs. Thein Aung Myint, Saw Hla Aung and Kyaw Myo Htun and Ms. Khet Khet Tinimmediately and unconditionally since their detention is arbitrary as it seemsto only aim at sanctioning their human rights activities;

iii. Put anend to acts of any acts of harassment, including at judicial level, againstthem as well as against all human rights defenders in Burma;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, in particular with its:

- Article1, which provides that “everyone has the right, individually and in associationwith others, to promote and to strive for the protection and realization ofhuman rights and fundamental freedoms at the national and internationallevels”;

- Article6(a), which foresees that “everyone has the right, individually and inassociation with others, to participate in peaceful activities against violationsof human rights and fundamental freedoms”;

- Article12.2, which provides that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association 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. Moregenerally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights, and ratify international and regional human rights instruments.

Addresses:

· U TheinSein, President of Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR;Fax: + 95 1 652 624

· Lt Gen KoKo, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10,Naypyitaw, MYANMAR; Fax: +95 67 412 439

· U WinMra, Chairman of the Myanmar National Human Rights Commission, 27 Pyay Road,Hline Township, Yangon, Republic of the Union of Myanmar; Fax: +95-1-659668

· Dr. TunShin, Attorney General, Office of the Attorney General, Office No. 25,Naypyitaw, MYANMAR; Fax: +95 67 404 146/ 106

· U Tun TunOo, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw,MYANMAR; Fax: + 95 67 404 059

· U KyawKyaw Htun, Director General, Myanmar Police Force, Ministry of Home Affairs,Office No. 10, Naypyitaw, MYANMAR; Fax: +951 549 663 / 549 208

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

· Embassyof Myanmar in Brussels, Boulevard Général Wahis 9, 1030 Brussels, Belgium, Fax:+32 (0)32 2 705 50 48, Email: mebrussels@skynet.be

Please also write to the diplomatic representations ofBurma in your respective countries.

***

Paris-Geneva, March 23, 2015

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

The Observatory, a FIDH and OMCT venture, is dedicatedto the protection of human rights defenders and aims to offer them concretesupport in their time of need.

To contact the Observatory, call theemergency line:

· E-mail: Appeals@fidh-omct.org

· Tel andfax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

· Tel andfax OMCT + 41 22 809 49 39 / + 41 22 809 49 29