AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

AAAS is concerned about the ill-treatment of dentist Dr. Khin Zaw Win at Insein Prison where he is serving a fifteen year prison sentence. He is one of eight prisoners singled out for punishment, which began in mid-November 1995, including placement in dog cells and solitary confinement, removal of bedding materials, and cessation of family visits. The ill-treatment is reportedly due to their alleged providing information about poor prison conditions to Professor Yozo Yokota, the United Nations Special Rapporteur for human rights on Myanmar.

Placement of political prisoners in solitary confinement is reported to be a common practice in Myanmar.

Dr. Khin Zaw Win, who was known to have close links with political opposition groups in Singapore, was arrested in July 1994 for attempting to pass documents critical of the military government to foreigners including the UN Special Rapporteur on Myanmar. He was charged under Section 5(e) of the 1950 Emergency Provisions Act ("causes or intends to spread false news, knowing beforehand that it is untrue,") Section 17/1 of the 1908 Unlawful Associations Act (membership or contact with an illegal organization,) Section 5 of the 1923 Official Secrets Act (possession or control of secret official information,)and customs and currency offenses. Amnesty International has reported that these provisions are commonly used to criminalize peaceful political activity.

The prosecution of individuals on the basis of the expression of their views and their political affiliations and the ill-treatment of prisoners represent a serious violation of fundamental human rights including those enumerated in the Universal Declaration of Human Rights (adopted by the United Nations without opposition in 1948), which guarantees:

no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5);
freedom of thought, conscience and religion (Article 18);
freedom of expression (Article 19); and
freedom of peaceful assembly and freedom of association (Article 20)

(Source of information on this case is Amnesty International)

RECOMMENDED ACTION:

Please send faxes, telegrams or airmail letters:

• calling on the authorities to remove the eight men from solitary confinement, and allow access to their families;
• urging the immediate and unconditional release of Dr. Khin Zaw Win based on the fact that he was arrested solely for the peaceful exercise of his right to freedom of expression and assembly; and
• pointing out that reprisals against those who provide information to representatives of the United Nations human rights bodies is contrary to the UN Commission on Human Rights resolution 1994/70.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Senior General Than Shwe, Chairman
State Law and Order Restoration Council
c/o Ministry of the Defense, Signal Pagoda Road
Yangon, Union of Myanmar
Salutation: Dear General

Lieutenant General Khin Nyunt, Secretary 1
State Law and Order Restoration Council
c/o Ministry of Defense, Signal Pagoda Road
Yangon, Union of Myanmar
Fax: 95-1-229-50
Salutation: Your Excellency

COPIES SENT TO:

Ambassador U Thaung
Embassy of the Union of Myanmar
2300 S Street, NW
Washington, DC 20008
Salutation: Your Excellency

Marilyn Meyers
Charge d'Affaires
581 Merchant St.
AMEMB Box B
APO AP 96546
Fax: 95-1-80409
Salutation: Dear Ms. Meyers

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