Arrest warrants issued against Messrs. Moe Thway, Wai Lu and Wai Hmuu Thwin

Imminentrisk of arbitrary arrest /

Judicialharassment

Burma

June 24, 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 theissue of arrest warrants against Messrs. Moe Thway, a member ofGeneration Wave Youth Force, a network of human rights defenders that campaignsfor civil and political rights, including the signature of the InternationalCovenant on Civil and Political Rights by Burma, and that campaigns against theLetpadaung copper mine project, and have brought the campaign to nationalattention, as well as Wai Lu and Wai Hmuu Thwin, members ofYangon People Service Network, which campaigns for the respect of rule of lawand democracy in Burma and has been involved in the campaign against theLetpadaung project.

According to the information received, on June 13, 2013, the MonywaCourt issued arrest warrants against Messrs. Moe Thway, Wai Lu and Wai HmuuThwin under Section 505 (b) of the Penal Code on “offences against the State oragainst public tranquillity”. These arrest warrants are reportedly linked tostatements the three human rights defenders had made about the Letpadaungcopper mine project, a joint venture between the Burmese military's Union ofMyanmar Economic Holdings Limited (UMEHL) and Wan Bao Company.

On June 15, 2013, Mr. Moe Thway received a phone call from LieutenantKhin Zaw Latt, Deputy Township Police Commander from the Monywa Police Station1, who had requested the court to issue the arrest warrants and who summonedthe three human rights defenders to appear at Monywa Police Station 1. In themorning of June 23, Lieutenant Khin Zaw Latt travelled to Rangoon and went toMr. Wai Lu's house with Rangoon police and Special Branch officers. Mr. Wai Luwas not present. Special Branch officers remain posted at his house since then.

The Letpadaung copper mining project has displaced farming families in26 villages from their land, with more than 7,000 acres confiscated in 2010. In2012, peaceful protests began against the project and were heavily repressed bythe autorities. In November 2012, the police used smokebombs to disperse the crowd, injuring dozens of demonstrators, including monks,and triggering a national outcry. Activists have been facing harassment sinceprotest began. On April 25, 2013, villagers in the Letpadaung area tried toplough their fields but were prohibited by police from entering pursuant to anorder issued under Section 144 of the Criminal Procedure Code[1].It is reported that the police opened fire on the crowd and Ko Soe Thu and U Maung San, two villagers, were arrested along with U Aung Soe,a member of Yangon People’s Support Network. On June 1, 2013, the DistrictCourt of Shwebo sentenced U Aung Soe to 18 months in prison, Ko Soe Thu and UMaung San to six months imprisonment in total disregard of their right to dueprocess of law, after having been detained incommunicado during 30 days[2]. Warrants were also issued for thearrests of eight other human rights defenders and villagers on charges ofinciting protests, including six members of the Yangon People'sSupport Network: Ko Aung Soe, Ba Htoo, Thar Kyi, KoLatt, Thaw Zin and Ko Thu. The other two persons are HanWin Aung, a member of the Political Prisoners Families' Beneficial Network,and Thaung Taik Oo, a member the Yangon Institute of Technology StudentsUnion. On May8, 2013, because villagers had become afraid of police raids, the three humanrights defenders, along with Mr. Aung Thu, a member of the 1988 StudentGeneration, went to Monywa to calm tensions. They informed police of theirintentions in this regard. While they were there, some local reportersinterviewed Messrs. Moe Thway, Wai Lu and Wai Hmuu Thwin. During the interview,observed by police from the Special Branch, the human rights defenders gavetheir opinions on the use of Section 144 to keep the villagers from ploughingtheir fields, opinions which were perceived as damaging the police andgovernment's credibility.

TheObservatory condemns the arrest warrants and judicial harassment against thethree above-mentioned human rights defenders, which seems to merely aim atsanctioning their peaceful human rights activities.

Actionsrequested:

Pleasewrite to the authorities of Burma, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Messrs Moe Thway, WaiLu, Wai Hmuu Thwin, U Aung Soe, Ko Soe Thu and U Maung San, Ko Aung Soe, BaHtoo, Thar Kyi, Ko Latt, Thaw Zin, Ko Thu, Han Win Aung and Thaung Taik Oo, as well as of all human rights defenders inBurma;

ii. Release Messrs. U AungSoe, Ko Soe Thu and U Maung San immediately and unconditionally since their detentionis arbitrary as it seems to only aim at sanctioning their human rightsactivities;

iii. Put an end to acts ofany acts of harassment, including judicial harassment, against them as well asagainst all human rights defenders in Burma;

iv. Publicly express concernabout the repression of human rights activists and of those protesting againstthe mining project;

v. 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”;

vi. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with in accordance with the Universal Declaration of Human Rights andwith international and regional human rights instruments ratified by Burma,including by undertaking human rights impact assessment of the Letpadaungmining project with a view to identifying, preventing and mitigating anyadverse human rights impacts linked to the project and engaging into meaningfulconsultations of local communities affected by the project.

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; Tel:+95 67 412 079/ 549 393/ 549 663; 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;Tel: +95 67 404 088/ 090/ 092/ 094/ 097; Fax: +95 67 404 146/ 106

· U Tun Tun Oo, ChiefJustice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Tel: +95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145; Fax: + 95 67 404 059

· U Kyaw Kyaw Htun,Director General, Myanmar Police Force, Ministry of Home Affairs, Office No.10, Naypyitaw, MYANMAR; Tel: +95 67 412 079/ 549 393/ 549 663; Fax: +951 549663 / 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,June 24, 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 22 809 49 39 / + 41 22 809 49 29

[1] Section144 grants the Judiciary the power to issue orders: “Such Magistrate may, bya written order stating the material facts of the case and served in mannerprovided by section 124, direct any person to abstain from a certain act or totake certain order with certain property in his possession or under hismanagement, if such Magistrate considers that such direction is likely toprevent, or tends to prevent, obstruction, annoyance or injury, or risk ofobstruction, annoyance or injury, to any person lawfully employed, ordanger to human life, health or safety. or a disturbance of the public tranquillity,or a riot, or an affray”. In this case the orders issued under Section 144,which were actually not enacted by the judiciary, prohibit villagers fromaccess to their farmlands or any form of use of the farmlands.

[2] They werearrested without warrant. Sagaing Region authorities kept the whereabouts ofthe protesters secret for over 30 days. Only after a closed-door courtproceeding, during which they were deprived of access to their lawyers, whichresulted in a guilty verdict, the whereabouts of the three protesters wererevealed. All of them are also facing additional charges.