Release of Mr. Tin Maung Kyi, member of MDCF

Newinformation

MMR005 / 0813 / OBS 072.2

Earlyrelease / Arbitrary detention /

Judicialharassment

Burma / Myanmar

August 21, 2015

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Burma / Myanmar.

Newinformation:

TheObservatory has been informed by reliable sources of the release of Mr. Tin Maung Kyi,a member of the Movement for Democracy Current Force (MDCF), a community-basedorganisation that advocates against land-grabbing and other human rightsviolations.

According to the information received, Mr.Tin Maung Kyi was released in a mass presidential amnesty of 6,966 prisoners onJuly 30, 2015. Only 13 of those released were political prisoners.

However, other MDCF members remain behindbars. In particular, MDCF leader Mr. Htin Kyaw remains in detention,serving multiple prison sentences totalling 13 years and four months, handeddown in 2014 for exercising his right to peaceful assembly (see backgroundinformation).

MDCF member Mr. Zaw Win alsoremains in prison, serving a one year and six month sentence (see backgroundinformation).

The Observatorywelcomes the release of Mr. Tin Maung Kyi, and thanks all the individuals,institutions, and organisations that intervened in his favour. However, theObservatory deeply regrets that he was arbitrarily detained for over one yearbefore being released.

The Observatory strongly condemns the detention and judicial harassmentof Messrs. Htin Kyaw and Zaw Win, whichmerely aim at sanctioning their peaceful human rights activities, and calls fortheir immediate and unconditional release.

The Observatory also urges the Burmese authorities to implement the decision of the UN Working Group on Arbitrary Detention, issued inNovember 2013, calling for the release of Mr. Htin Kyaw after concluding that his detention was arbitrary (see backgroundinformation).

Backgroundinformation:

Mr. HtinKyaw was first detained in2007 for leading demonstrations calling for improved healthcare and education,lower prices for basic food commodities, and religious freedom.

On November 17, 2008, he was sentenced to 12 years andsix months in prison and then released in an amnesty in January 2012.

He continued his activism and was re-arrested onAugust 2, 2013, for organising a protest against land grabs.

In October and November 2013, courts in variousjurisdictions sentenced him to at least 33 months in jail.

In November 2013, the UN Working Group onArbitrary Detention determined that his detention was arbitrary and urged thegovernment to release him[1].

On December 11, 2013, he was released in apresidential amnesty but authorities re-arrested him the same day on seditioncharges. He was eventually released in another presidential amnesty on December31, 2013[2].

Inearly May 2014, Messrs. Htin Kyaw, Tin Maung Kyi, and Zaw Win were arrested fora series of protests between February and May 2014, during which they distributed leafletscritical of the government and called on Members of Parliament to resign. FromJune 24 to September 11, 2014, 10 different townships courts in Rangoonsentenced Htin Kyaw to a total of 10 years and six months in prison underArticle 505(b) of the Criminal Code for his involvement in the protests.

In June and July, 2014, threedifferent township courts in Rangoon sentenced Messrs. Tin Maung Kyi and ZawWin to a total of one year and six months in prison under Article 505(b) of theCriminal Code for their participation in the above protest.

In 2014, Mr. Htin Kyawwas also sentenced in relation to his land rights activities. For example, onJune 4, 2014, Rangoon’s Kyauktada Township Court sentenced Mr. Htin Kyaw tothree months in prison under Article 18 of the Act on the Right to PeacefulAssembly and Peaceful Procession for protesting forced evictions in Rangoon’sHlegu Township. On July 9, 2014, Rangoon’s Bahan Township Court sentenced himto an additional three months in prison under Article 18 of the same law, afterthe authorities contended his attempt to meet with Daw Aung San Suu Kyi onApril 3 to discuss a land eviction case constituted an unauthorised protest.

FromJune 4 to October 30, 2014, Mr. Htin Kyaw received 14 sentences under Article18 of the Act onthe Right to Peaceful Assembly and Peaceful Procession and Article505(b) of the Criminal Code in connection with his peaceful protest activities[3].His sentences totalled 13 years and four months in prison.

Actionsrequested:

Pleasewrite to the Burmese authorities, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of all human rightsdefenders in Burma, including Messrs. Htin Kyaw, Zaw Win, and Tin Maung Kyi;

ii. Immediately andunconditionally release Messrs. Htin Kyaw and Zaw Win since their detention isarbitrary as it only aims at sanctioning their legitimate human rightsactivities;

iii. Put an end to all actsof harassment, including at the judicial level, against Messrs. Tin Maung Kyi,Htin Kyaw and Zaw Win, as well as against all human rights defenders in Burma /Myanmar;

iv. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its:

- Article 1, whichstipulates 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 5(a), whichforesees that “for the purpose of promoting and protecting human rights andfundamental freedoms, everyone has the right, individually and in associationwith others, at the national and international levels: to meet or assemblepeacefully”;

- Article 12.1, whichstates 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 with theinternational and regional human rights instruments ratified by Burma /Myanmar.

Addresses:

· U Thein Sein, Presidentof Myanmar, President Office, Office No.18, Naypyitaw, MYANMAR

· Lt Gen Ko Ko, Ministerfor Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, MYANMAR

· U Win Mra, Chairman ofthe Myanmar National Human Rights Commission, 27 Pyay Road, Hline Township,Yangon, Republic of the Union of Myanmar; Email: chmyanmarnhrc@gmail.com

· Dr. Tun Shin, AttorneyGeneral, Office of the Attorney General, Office No. 25, Naypyitaw, MYANMAR;Email: ago.h.o@mptmail.net.mm

· U Tun Tun Oo, ChiefJustice, Office of the Supreme Court, Office No. 24, Naypyitaw, MYANMAR; Email:scunion@mptmail.net.mm

· Maj Gen Zaw Win,Director General, Myanmar Police Force, Ministry of Home Affairs, Office No.10, Naypyitaw, MYANMAR

· 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.

[1] For more information, seeObservatory Press Release, issued on February 5, 2014.

[2] Idem.

[3] Other demonstrations included the distribution of anti-governmentleaflets and calling on members of Parliament to resign.