Arrest of Mr. Wai Phyo

Arbitraryarrest /

Judicialharassment

Burma

July 16, 2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Burma.

Briefdescription of the situation:

TheObservatory has been informed by reliable sources about thearrest of Mr. Wai Phyo, Secretary of Generation Wave, a network of humanrights defenders that campaigns for civil and political rights, including thesignature of the International Covenant on Civil and Political Rights by Burma,in relation to his participation in a “Free Political Prisoners” postercampaign organised in July 2011 in several cities.

According to the information received, on July 10, 2013, Mr. Wai Phyowas arrested by the Chief of Pyay township police station for offences under the1962 Printing and Publications Registrations Act for distributing unlawfulprinted documents in Pyay in July 2011. The police took him to Pyay TownshipCourt and asked the court to detain him for interrogation for two weeks. On July12, Mr. Wai Phyo was taken to court again where his lawyer requested bail. Thejudge denied the request and gave the next court date of July 25. Mr. Wai Phyois currently detained at Pyay Prison. He has access to his lawyer and family.

The Observatory recallsthat two other members of Generation Wave, Messrs. Zar Ni and WaiPhyo Aung, were arrested in July 2011 in relation to the above-mentionedposter campaign and sentenced to three months of imprisonment and a 30,000Kyats (23.4 Euros) fine in February 2012. The court did not count that they hadalready been detained for seven months by the time of the trial, so they paid30,000 Kyats each and were released. At the time, an arrest warrant was alsoissued against Mr. Wai Phyo, who led the poster campaign in Pyay, but managedto escape the arrest.

The Observatory condemns Mr. Wai Phyo’s arrest and judicial harassment,which seems to merely aim at sanctioning his peaceful human rights activities.

Actionsrequested:

Pleasewrite to the authorities of Burma, urging them to:

i. Guarantee in all circumstancesthe physical and psychological integrity of Mr. Wai Phyo, as well as of all human rights defenders inBurma;

ii. Release Mr. Wai Phyoimmediately and unconditionally since his detention is arbitrary as it seems toonly aim at sanctioning his human rights activities;

iii. Put an end to acts ofany acts of harassment, including judicial harassment, against him as well asagainst 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, whichprovides 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 6(a), whichforesees 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 internationalhuman rights instruments.

Addresses:

· U Thein Sein, Presidentof Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR; Fax: + 95 1 652624

· U Hla Min, Minister forHome Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR; Fax:+95 67 412 439

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

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

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

· U Kyaw Kyaw 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, 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.

***

Paris-Geneva,July 16, 2013

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

The Observatory, a FIDH andOMCT venture, is dedicated to the protection of Human Rights Defenders and aimsto offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: 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