BURMA: Twelve people jailed without evidence over alleged bomb plot under antiquated laws 14.01.

11 15:57

Asian Human Rights Commission - Urgent Appeals

| Main | Archives | Subscribe to Mailing List | AHRC Home |

BURMA: Twelve people jailed without evidence over alleged

bomb plot under antiquated laws
Search this
section: ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-005-2011

->
14 January 2011
Advanced ---------------------------------------------------------------------
Search BURMA: Twelve people jailed without evidence over alleged bomb plot under antiquated laws

Printer ISSUES: Illegal detention; fair trial; rule of law; judicial system
Friendly ---------------------------------------------------------------------
Version
AHRC 2010 HUMAN RIGHTS REPORT: BURMA
GOVERNMENT BY CONFUSION & UN-RULE OF LAW
http://www.humanrights.asia/resources/hrreport/2010/

---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has learned of another case of 12 persons
in Burma given long jail sentences for alleged anti-government activities. In fact, the
state prosecution had no evidence against the accused and the judge convicted them, as
in other cases of this sort, on the say-so of the police. The convictions were all made
under antiquated colonial-era laws.

CASE NARRATIVE:

Police in Burma arrested and last year brought a case against Kyaw Zelin of having gone to
Thailand in 2006 and 2007 to meet anti-government groups and of having plotted and received
support and training to launch a bombing campaign in the country, including setting of timed
explosives in an industrial zone. According to the charges brought against him and another
eleven persons, most of them residents of his area on the outskirts of Rangoon, two his
brothers, nine of them travelled back and forth to Thailand and had organized for counter-
government activities.

However, in court, the police could not bring any evidence to prove their charges. They could
not show exactly on what days any of the accused went to Thailand, or show that they had
been there. They could not say exactly whom they are alleged to have met or what training they
received. Among the groups of alleged "terrorists" whom they met the police listed the Burma
Lawyers' Council, a non-violent professional group that is dedicated to legal analysis, legal
training and legal criticism. And they did not have any clear material evidence to tie the
accused to any bomb blasts.

Furthermore, the court breached many basic procedural rights of the defendants, such as
accepting written evidence from government officials without calling them to court, so the
defendants could not cross-examine them; holding the trial in a closed court inside a prison,
and preventing the accused from making any meaningful defence against the allegations.

Also, the prosecution brought a series of separate charges against the accused for the same
alleged offences, which under criminal procedure law in Burma could have been brought and
heard as a single case rather than treated as separate offences. Finally, the court took
evidence once and duplicated it for each charge, which is also against the law.

http://www.ahrchk.net/ua/mainfile.php/2010/3626/ Seite 1 von 4

BURMA: Twelve people jailed without evidence over alleged bomb plot under antiquated laws 14.01.11 15:57

evidence once and duplicated it for each charge, which is also against the law.

Full details of the case are provided in the sample letter below as usual.

BACKGROUND INFORMATION:

The AHRC has released many appeals in recent times speaking to the same types of
evidence-less and procedurally flawed cases in the courts of Burma. All these appeals can be
accessed by going to the appeals homepage and typing "Burma" or "Myanmar" into the search
box: http://www.ahrchk.net/ua/.

The Asian Legal Resource Centre also recently released a special report on rule of law and
human rights issues in Burma in the lead up to the Universal Periodic Review process for the
country at the United Nations in Geneva. The report and annexe are available on the ALRC
website at: http://www.alrc.net/doc/mainfile.php/upr/ (scroll to bottom of page).

The AHRC Burmese-language blog is updated constantly for Burmese-language readers, and
covers the contents of urgent appeal cases, related news, and special analysis pieces.

REQUESTED ACTION:

Please write to the persons listed below to call for the release of Kyaw Zelin and his co-
accused. Please note that for the purposes of the letter Burma is referred to by its official name,
Myanmar, and Rangoon as Yangon.

Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on
Myanmar, and on the independence of judges and lawyers; to the UN Working Group on
Arbitrary Detention, and to the regional human rights office for Southeast Asia calling for
interventions into this case.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Twelve people imprisoned without evidence for a variety of alleged offences

Details of detainees:
1. Kyaw Zelin (a.k.a. Ko Saing), resident of Mingalardon, Yangon, sentenced to 19 years in jail
2. Saw Nay Htoo (a.k.a. Koyin), resident of Mingalardon, sentenced to 13 years
3. Kyaw Lin Aung, resident of Mingalardon, sentenced to 13 years
4. Kyaw Moe Oo, resident of Mingalardon, sentenced to 13 years
5. Than Naing, resident of Mingalardon, sentenced to eight years
6. Khin Maung Aye, resident of Mingalardon, sentenced to eight years
7. Naing Lin, resident of Mingalardon, sentenced to eight years
8. Kyaw Win San, brother of Kyaw Zelin, resident of North Dagon, Yangon, sentenced to eight
years
9. Kyaw Swa Win, resident of Mingalardon, sentenced to eight years
10. Daw Than Than Myint (f), resident of Mingalardon, sentenced to five years
11. Kyaw Win Sein, brother of Kyaw Zelin, resident of Mingalardon, sentenced to five years
12. Zaw Min, resident of Shwepaukkan Township, Yangon, sentenced to five years

Prosecuting police officer: Police Major Aung Swe

Cases lodged against detainees: All cases in the Yangon Northern District Court, verdicts
given simultaneously on 29 September 2010, Deputy District Judge U Ohn Thwin presiding –

1. Immigration (Temporary) Act, 1947, section 13(1), Criminal Case No. 84/10, against all
accused except Daw Than Than Myint, Kyaw Win Sein and Zaw Min, sentence of five years in
prison

2. Burma Telegraphs Act, 1933, section 6(1), Criminal Case No. 86/10, against Kyaw Zelin
only, sentence of three years

http://www.ahrchk.net/ua/mainfile.php/2010/3626/ Seite 2 von 4

BURMA: Twelve people jailed without evidence over alleged bomb plot under antiquated laws 14.01.11 15:57

only, sentence of three years

3. Arms Act, 1878, section 19(f), Criminal Case No. 87/10 against Kyaw Zelin only, sentence of
three years

5. Explosive Substances Act, 1908, section 5, Criminal Case No. 88/10, against Kyaw Zelin,
Kyaw Win Sein, Saw Nay Htoo, Kyaw Lin Aung, Kyaw Moe Oo, Daw Than Than Myint and Zaw
Min, sentence of five years

5. Unlawful Associations Act, 1908, section 17(1), Criminal Case No. 89/10, against all accused
except Daw Than Than Myint, Kyaw Win Sein and Zaw Min, sentence of three years

I deeply regret to learn of another evidence-less case being brought against persons in Burma
for alleged anti-government and terrorist activities. I urge that Kyaw Zelin and the other eleven
persons listed above be promptly released from imprisonment.

According to the information that I have been given, Myanmar police brought a case against
Kyaw Zelin of having gone to Thailand in 2006 and 2007 to meet anti-government illegal groups
and of having plotted and received support and training to launch a bombing campaign in the
country, including setting of timed explosives in the Shwepaukkan industrial zone. According to
the charges, nine of the group travelled back and forth to Thailand and had organized for
counter-government activities.

However, in court, the police could not bring any evidence to prove their charges. They could
not show exactly on what days any of the accused went to Thailand, or show that they had
been there. They could not say exactly whom they are alleged to have met or what training they
received, describing among the groups of alleged "terrorists" there whom they met the Burma
Lawyers' Council, a professional group that is dedicated to legal analysis and training. And they
did not have any clear material evidence to tie the accused to any bomb blasts.

Furthermore, the court breached many basic procedural rights of the defendants, such as
accepting written evidence from government officials without calling them to court, so the
defendants could not cross-examine them; holding the trial in a closed court inside a prison,
contrary to the provisions of the Judiciary Law, 2000 and preventing the accused from making
any meaningful defence against the allegations.

Also, the prosecution brought a series of separate charges against the accused for the same
series of alleged offences, which under sections 235 and 35 of the Criminal Procedure Code
could have been heard together and an order could have been given for concurrent rather than
consecutive sentences. Finally, the court took evidence once and since it related to the various
charges arrayed against the accused for single alleged offences, duplicated it for each charge,
which according to paragraph 614 of the Courts Manual "is contrary to law".

In light of the above, I urge that the accused be promptly released and the cases brought
against them set aside.

I wish to add that I am seriously concerned by the use of alleged acts of terrorism as a ruse for
criminal cases aimed at curtailing or completely eliminating basic civil rights of defendants, not
only in Myanmar but also around the world. I urge that the government of Myanmar refrain from
using this technique to target persons whom it accuses of anti-government activities, which in
most cases in Myanmar constitute nothing more than legitimate demands for political
representation and genuine democratization.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. Maj-Gen. (Retd.) Maung Oo

Minister for Home Affairs
Ministry of Home Affairs

http://www.ahrchk.net/ua/mainfile.php/2010/3626/ Seite 3 von 4

BURMA: Twelve people jailed without evidence over alleged bomb plot under antiquated laws 14.01.11 15:57

Ministry of Home Affairs

Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

2. Lt-Gen. (Retd.) Thein Sein

Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

3. U Aung Toe
Chief Justice
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

4. U Aye Maung
Attorney General
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

5. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

Posted on 2011-01-14
Back to [2010 Urgent Appeals]

Asian Human Rights Commission

For any suggestions, please email to support@ahrchk.net.

9 users online
12 visits
12 hits

http://www.ahrchk.net/ua/mainfile.php/2010/3626/ Seite 4 von 4