UPDATE (Burma): Family of accused denied prison visits; detainee reportedly held in dog kennels 23.02.

11 16:45

Asian Human Rights Commission - Urgent Appeals

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

UPDATE (Burma): Family of accused denied prison visits;

detainee reportedly held in dog kennels
Search this
section: ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-009-2011

->
23 February 2011
Advanced
Search [RE: AHRC-UAU-033-2010: BURMA: Young man brutally tortured, held in solitary confinement
and unfairly tried]
Printer ---------------------------------------------------------------------
Friendly BURMA: Family of accused denied prison visits; detainee reportedly held in dog kennels
Version
ISSUES: Prison conditions, cruel & inhuman treatment
---------------------------------------------------------------------

CAMPAIGN PAGE: FREE PHYO WAI AUNG

http://www.humanrights.asia/campaigns/phyo-wai-aung

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

Dear friends,

The Asian Human Rights Commission (AHRC) has been closely following the case of a
young man whom the authorities in Burma have accused of involvement in a bombing
during April. Phyo Wai Aung has alleged that he was brutally tortured for nine days to
force him to confess. According to the latest information, his family has been denied
visiting rights and has heard that he has been held inside the dog kennels at the prison.

CASE NARRATIVE:

In previous appeals and statements the AHRC already expressed concerns over the case of
Phyo Wai Aung, 31, who was arrested on 22 April 2010, a week after the explosions at the
annual water festival, and whom the police chief in a press conference declared a terrorist. Full
details of the case are available on the campaign website: FREE PHYO WAI AUNG

Following earlier interventions concerning the keeping of Phyo Wai Aung in solitary confinement
and other alleged custodial abuses, we are pleased to inform that he was by January allowed
out of solitary and able to stay with other detainees. However, according to relatives of the
accused, on February 7 when they came to visit him, they were told that they could not see him
and that visiting rights to him have been suspended for a month. When they asked why, they
were told because of disciplinary breaches. When they asked what disciplinary breaches, the
staff did not or could not tell them.

After that, for the remainder of the day and the next few days they tried to speak with the
prison warden to find out what Phyo Wai Aung was alleged to have done wrong and why they
could not see him for a month; however, they were not successful as the warden was
purportedly never in his office or otherwise available to meet them. Furthermore, when his wife
went with the lawyer to attend a hearing in the trial on February 10, she also was then refused
access, without explanation.

In addition to the above, the family has been informed that Phyo Wai Aung has been returned
to solitary confinement and is being kept in the dog kennels, which are used as a form of
inhuman punishment in the prison where, according to others who have been kept in them,

http://www.ahrchk.net/ua/mainfile.php/2011/3671/ Seite 1 von 4

UPDATE (Burma): Family of accused denied prison visits; detainee reportedly held in dog kennels 23.02.11 16:45

apart from the appalling conditions it is practically impossible for a detainee to get to sleep due
to the constant barking of the dogs.

ADDITIONAL INFORMATION:

Meanwhile, three applications that the family made to the Supreme Court were rejected in
January. In the applications, the family asked for the judge to authorize them to be able to
attend the hearings and not be obstructed by prison staff; for the defence lawyer to get all the
documents that the prosecution has submitted to the court; and, for the trial judge to be
changed because of language used by the current judge indicating that the defendant would not
get a fair trial. However, a judge in the Supreme Court rejected all three applications, and now
the lawyer for the defendant has lodged applications for special leave to appeal, which is the
final avenue available. (See also: AHRC-STM-034-2011)

SUGGESTED ACTION:

Please write to the persons listed below to call for the humane treatment of Phyo Wai Aung,
and for his family to be allowed full access to him while he is in prison. Please note that for the
purpose of the letter, the country should be referred to by its official title of Myanmar, rather
than Burma, and Rangoon, Yangon.

Please be informed that the AHRC is sending letters on this case to the UN Special
Rapporteurs on Myanmar and on torture; the UN Working Group on Arbitrary Detention and the
regional human rights office for Southeast Asia, calling for strong interventions.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Detainee allegedly held in dog kennels, denied visits by family

Details of accused: Ko Phyo Wai Aung, a.k.a. Mohammad Sharvan, 31, electrical engineer/
contractor, resident of Ward 2, Pazundaung Township, Yangon, Myanmar

Date of arrest: 22 April 2010

Place of detention and trial: Insein Central Prison, Yangon

I am writing to express my grave concern over reports that a young man being held and tried in
the central prison of Myanmar has been denied family visits and is being held in solitary
confinement in the prison dog kennels for an unspecified disciplinary offence.

According to the information that I have received, the family of Phyo Wai Aung, who is being
tried inside the prison over alleged involvement in a bombing last April 2010, was told when
they came to visit him on 7 February 2011 that his visiting rights had been suspended for one
month. When they asked why, they were told because of disciplinary breaches. When they
asked what disciplinary breaches, the staff did not or could not tell them.

After that, for the remainder of the day and the next few days the family tried to speak with the
prison warden to find out what Phyo Wai Aung was alleged to have done wrong and why they
could not see him for a month; however, they were not successful as the warden was
purportedly never in his office or otherwise available to meet them. Furthermore, when his wife
went with the lawyer to attend a hearing in the trial on February 10, she also was then refused
access, without explanation.

In addition to the above, the family has been informed that Phyo Wai Aung has been returned
to solitary confinement and is being kept in the dog kennels, which are used as a form of
inhuman punishment in the prison where, according to others who have been kept in them,
apart from the appalling conditions it is practically impossible for a detainee to get to sleep due
to the constant barking of the dogs.

http://www.ahrchk.net/ua/mainfile.php/2011/3671/ Seite 2 von 4

UPDATE (Burma): Family of accused denied prison visits; detainee reportedly held in dog kennels 23.02.11 16:45

It is bad enough that the relatives of a detainee in Myanmar would be denied access to prison,
since it is well known that detainees there depend upon the food and medicine supplies brought
to them by loved ones and well-wishers to survive the harsh conditions inside the country's
jails. However, I am shocked that in addition detainees are reportedly being held in dog
kennels, a form of punishment that clearly amounts to cruel and inhuman treatment under
international law, not only because of the physical and emotional toll it would have on a
detainee but also because of the possible long-term psychological consequences.

I am aware that following earlier interventions concerning the keeping of Phyo Wai Aung in
solitary confinement he was allowed out and was able to join other detainees in the main part
of the central prison. I urge that steps be taken immediately to restore this status to him and to
allow his family to visit.

I am also informed that three applications to the Supreme Court for the judge in the case of
Phyo Wai Aung to authorize them to be able to attend the hearings inside the prison and not be
obstructed by prison staff; for the defence lawyer to get all the documents that the prosecution
has submitted to the court; and, for the trial judge to be changed were all rejected in January.
The next hearing will be on February 24.

I urge that the applications for special leave of appeal in these cases be seriously considered
and that the Supreme Court allow them to proceed, since they relate to matters of profound
importance not only to this case but also to the rights of all accused persons in Myanmar, and
particularly those whose trials are being heard inside prisons.

Lastly, I take this opportunity to remind the Government of Myanmar of the need to allow the
International Committee of the Red Cross access to places of detention as a matter of the
utmost urgency. I can see no reason as to why the government has failed to agree to the ICRC
mission in accordance with the terms of its international mandate and has for the last few years
refused it access. The persistent refusal to allow the ICRC access to detainees like Phyo Wai
Aung is one of the reasons that Myanmar's international reputation remains among the worst in
the world, and it will continue to be that way until the Government of Myanmar changes its
position on this matter.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. U Hla Min
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

2. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR

3. U Tun Tun Oo
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

http://www.ahrchk.net/ua/mainfile.php/2011/3671/ Seite 3 von 4

UPDATE (Burma): Family of accused denied prison visits; detainee reportedly held in dog kennels 23.02.11 16:45

Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145

Fax: + 95 67 404 059

4. Dr. Tun Shin

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. 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: +951 549 663 / 549 208

Thank you.

Urgent Appeals Programme

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

Posted on 2011-02-23
Back to [2011 Urgent Appeals]

Asian Human Rights Commission

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

15 users online
11 visits
11 hits

http://www.ahrchk.net/ua/mainfile.php/2011/3671/ Seite 4 von 4