URGENT APPEAL - THE OBSERVATORY
MMR 003 / 1207 / OBS 161
Arbitrary detention / Judicial proceedings
Burma
December 7, 2007
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Burma.
Description of the situation:
The Observatory has been informed by the International Trade Union Confederation (ITUC) about the arbitrary detention of Mr. U Tin Hla, a member of the Federation of Trade Unions - Burma (FTUB) and of the Burma Railway Union.
According to the information received, on November 28, 2007, Mr. U Tin Hla and his family were arrested at their home by the Special Branch Police. The police accused Mr. U Tin Hla of organising railway workers and encouraging them to join the rallies in September 2007. Mr. U Tin Hla, his wife, his son and his daughter were all taken to Mingala Taungyunt Police Station for interrogation. They were interrogated and detained for five days, when his wife and children were released. However, Mr. U Tin Hla was taken to an unknown location for further interrogation.
At the family home, police confiscated photographs of Daw Aung San Suu Kyi, NLD party literature, electrical cords, tools, including the ones that U Tin Hla uses for his work.
As of issuing this urgent appeal. Mr. U Tin Hla would reportedly have been brought back to the Mingala Taungyunt Police Station. He has been charged with "possession of explosive material, tools and electric cords".
The Observatory expresses its deepest concern regarding Mr. U Tin Hla's arbitrary detention, which evidences the extremely repressive environment for human rights defenders in the country, and which clearly violates international labour standards, including the International Labour Organisation Convention 87, which has been ratified by Burma.
The Observatory further recalls that according to the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels" (Article 1) and "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration" (Article 12.2).
Action requested:
Please write to the Burmese authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. U Tin Hla;
ii. Release him immediately and unconditionally since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
iii. Put an end to all harassment and threats against human rights defenders in Burma;
iv. Conform with above-mentioned Articles 1 and 12.2 of the United Nations Declaration on Human Rights Defenders;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Burma.
Addresses:
- Senior General Than Shwe, Chairman of the State Peace and Development Council, Pyinmana, Burma, Email: myanmar@un.int
- Mr. Aye Maung, Attorney General, Office of the Attorney General, Office No. 25, Naypyitaw, Burma, Tel: +95 67 404 088/ 090/ 092/ 094/ 097, Fax: +95 67 404 146/ 106;
- Lt-Gen. Thein Sein, Acting Prime Minister, c/o Ministry of Defence, Naypyitaw, Burma, Tel: + 95 1 372 681; Fax: + 95 1 652 624;
- Maj-Gen. Maung Oo, Minister for Home Affairs, Ministry of Home Affairs, Office No. 10, Naypyitaw, Burma, Tel: +95 67 412 040/ 069/ 072, Fax: +95 67 412 016/ 439, e-mail: ddg.gad@gad.gov.mm;
- Mr. Aung Toe, Chief Justice, Office of the Supreme Court, Office No. 24, Naypyitaw, Burma, Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145, Fax: + 95 67 404 059;
- Brig-Gen. Khin Yi, Director General, Burma Police Force, Naypyitaw, Burma, Tel: + 95 1 549 196/ 228/ 209; email: wynnm@mpf.gov.mm or mone@mpf.gov.mm
- Permanent Mission of Myanmar to the United Nations in Geneva, 47 avenue Blanc, 1202 Geneva, Switzerland, Tel: + 41 22 906 98 70; Fax: + 41 22 732 89 19; Email: mission.myanmar@ties.itu.int
Please also write to the diplomatic representations of Burma in your respective countries.
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Geneva - Paris, December 7, 2007
