Judicial harassment and arbitrary detention of Mr. Ko Htin Kyaw

Arbitrarydetention /

Judicialharassment

Burma

August 8,2013

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 Burma Partnership about thearrest, judicial harassment and arbitrary detention of Mr. Ko Htin Kyaw,leader of the Movement for Democracy Current Force (MDCF), a community-basedorganisation which represents grass-roots communities and struggles againstland-grabbing and other human rights violations.

According to the information received, on July 30, 2013, Mr. Ko HtinKyaw staged a peaceful protest outside the North Oaklapa Court to denounce theseizure of part of the land of three community members, i.e. Mr. U Lu Aye, Ms.Ma Sein Htwe and Mr. Ko Myint Naing, by a businessman, Mr. U Eaik Linn. Thethree community members also took part in the protest.

On August 2, 2013, threedays after the demonstration, the four protesters were summoned to the policestation “for a discussion”. Once on the spot, they were charged under Section505(c) of the Penal Code for “insulting the State” and immediately sent tocourt, which sanctioned their arrest and sent them to Insein prison.

Mr. Ko Htin Kyaw and the three community members were denied bail andface up to three years' imprisonment.

TheObservatory condemns the arrest and judicial harassment of the threeabove-mentioned community members and of Mr. Ko Htin Kyaw, which seem to merelyaim at sanctioning his peaceful human rights activities.

Actionsrequested:

Pleasewrite to the authorities of Burma, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Mr. Ko Htin Kyaw, ofthe three above-mentioned community members as well as of all human rights defenders in Burma;

ii. Release Mr. Ko Htin Kyawand the three community members immediately and unconditionally since theirdetention is arbitrary as it seems to only aim at sanctioning their humanrights activities;

iii. Put an end to acts ofany acts of harassment, including at judicial level, against them 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 ratifyinternational and regional human 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,August 8, 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