BURMA: Man imprisoned for complaining about electricity supply 09.10.

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Urgent Appeal Case: AHRC-UAC-133-2009

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9 October 2009
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ISSUES: Rule of law; judicial system; illegal detention

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Version Dear friends,

The Asian Human Rights Commission (AHRC) has obtained details of another case in
Burma speaking to the country's "injustice system" and how it affects the rights of all
citizens in different ways. In this case a man who repeatedly called the government
electricity supplier to complain has been jailed under a restraining order, even though
by law this order should be used only for a serious habitual offender. He is also on trial
for obstructing a public official. The maximum sentence under that charge is three
months; he has already been detained for more than two months.

CASE DETAILS:

In the early morning of 2 August 2009, 46-year-old U Khin Maung Kyi called the electricity
supplies department in the area of Rangoon where he lives to complain about a surge in
electricity at his house. When he called, he argued with the duty officer and then asked to
speak to his superior, but the officer said that he wasn't available. He also refused to give his
name. Then Khin Maung Kyi threatened to make a complaint at the headquarters.

As the electricity supplies department already had a criminal complaint in the local court
against Khin Maung Kyi for allegedly obstructing the work of their staff, on August 3 its
township director sent a letter to the police to ask for further action against him, and the next
day also sent a letter to the court. After that, on August 5, local officials decided to take further
legal action against Khin Maung Kyi. They gave the reason as his telephoning the electricity
supplier, but also made other general complaints against him, such as that he had encouraged
people to vote No for the new constitution that was passed in 2008, and had taken
photographs of flooding after heavy rain. On the same day the township council sent a letter to
the police to get an order for a security bond, which means that Khin Maung Kyi would have to
appear in court and have two people lodge an amount of money as a guarantee of his good
behaviour. The council said that he had meddled in administrative affairs and had supposedly
contacted an overseas radio station, but when the matter came into court couldn't give any
evidence of this or even any information about which station or the date or on what matter
Khin Maung Kyi had contacted.

On August 11 the bond case was opened against Khin Maung Kyi and two weeks later Judge
Win Swe issued the order for a one-year bond, but because of the pending criminal case, Khin
Maung Kyi was sent to prison. He has been there for two months so far, even though the
charge of obstruction has a maximum sentence of three months.

The case of obstructing a public servant is frivolous, but the bond order that has put Khin
Maung Kyi in jail is completely ridiculous, because the law is very clear that the purpose of this
order is for restraint of known habitual criminals on whom information has been received that
they are likely to commit another offence. The judge is supposed to examine the case closely

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BURMA: Man imprisoned for complaining about electricity supply 09.10.09 17:13

before giving the order, to make sure that such information really exists and that the person is
a danger to the society. It is not a law that is designed for officials to jail people who have
annoyed them.

Further details on the facts of the case are provided in the sample letter below, as usual.

ADDITIONAL INFORMATION:

The AHRC has been documenting numerous cases speaking to what it has described as
Burma's "injustice system". Last week it issued an appeal on the case of underage girls who
were jailed after the police allegedly presented false evidence about their ages to court and the
judge failed to inquire after contrary evidence was given: AHRC-UAC-131-2009. Other recent
cases include: AHRC-UAC-125-2009, AHRC-UAU-024-2009, AHRC-UAC-110-2009, AHRC-
UAC-107-2009 and AHRC-UAU-018-2009. More cases can be accessed by going to the
appeals homepage and typing "Burma" or "Myanmar" into the search box:
http://www.ahrchk.net/ua/. Two special reports have also been issued in the article 2 periodical,
"Saffron Revolution imprisoned, law denied" (vol. 7, no. 3, September 2008) and "Burma,
political psychosis and legal dementia" (vol. 6, no. 5-6, December 2007). There are also a
number of related sites, including the AHRC Burmese-language blog, Pyithu Hittaing, and the
2008 AHRC Human Rights Report chapter on Burma.

SUGGESTED ACTION:

Please write to the persons listed below to call for the immediate release of U Khin Maung Kyi.
Please note that for the purposes of the letter Burma is referred to by its official name,
Myanmar, and Rangoon, Yangon.

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

SAMPLE LETTER:

Dear ___________,

MYANMAR: Man imprisoned for making complaints about electricity supply

Details of accused: U Khin Maung Kyi, 45, resident of Panchangyaung Road, Ward 13,
Hlaing Township, Yangon, Myanmar
Key officials involved:
1. Inspector Htun Htun Win, Serial No. La/137417, Station Chief, Hlaing Police Station
(prosecuting officer in criminal case)
2. Deputy Inspector Nyunt Win, Serial No. La/153871, Hlaing Police Station
3. Chairman, Hlaing Township Peace and Development Council (complainant)
4. U Myint Aung, 44, Deputy Director, Hlaing Township Office
5. U Kyaw Sein, 37, Township Administration Head, Yangon Municipal Electric Power
Corporation, Hlaing Township (complainant in bond case)
6. U Naing Oo, 45, Member, Ward 13 Peace and Development Council, Hlaing, and six local
administrative officials
Charges & trial: Obstructing a public servant, section 186, Penal Code, Felony No. 705/2009,
Hlaing Township Court, Assistant Township Judge Win Swe presiding; section 5(1)(f)(g),
Restriction & Bond Act 1961, Criminal Miscellaneous Case No. 143, order for one-year bond
given on 25 August 2009

I am appalled to learn that a man has been jailed in Myanmar for making complaints about
electricity supply and urge that he be released immediately.

According to the information that I have received, on the mornings of 2 and 3 August 2009, U
Khin Maung Kyi called the electricity supplies department in Hlaing, Yangon to complain about
electricity supply to his house. When he called, he argued with the duty officer and then asked
to speak to his superior, but the officer said that he wasn't available. The officer refused to give

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BURMA: Man imprisoned for complaining about electricity supply 09.10.09 17:13

his name. Then Khin Maung Kyi threatened to make a complaint with the department
headquarters in Naypyitaw.

On August 3 the township electricity supplies department sent a complaint to the police and on
August 4 to the township court, for the reason that the department already had a criminal
complaint of obstructing a public servant pending against Khin Maung Kyi. On August 5, seven
officials under the Ward 13 Peace and Development Council attended a meeting headed by U
Naing Oo at which they decided to take seek the bond order against Khin Maung Kyi for
disturbing public order. On August 5 and 7 the Hlaing Township Peace and Development
Council sent letters to the township police to instruct action against Khin Maung Kyi for
frequently calling to complain about electricity supply, for similarly calling to the township office,
for "meddling" in local administrative affairs, for allegedly distributing "unwanted" news, and for
allegedly contacting to an overseas radio station. On August 11 the case was opened against
Khin Maung Kyi and on August 25 Judge Win Swe issued the order for a one-year bond of
50,000 Kyat (USD 50) from two guarantors, but because the criminal case is pending Khin
Maung Kyi was held in prison instead of being allowed out on the bond.

Both of these laws have obviously been flagrantly misused to persecute a man whose only
"crime" was to irritate some government personnel. The law on bonds is intended for restraint
of known habitual criminals on whom information has been received that they are likely to
commit another offence, not ordinary citizens who make complaints. It is also the obligation of
the judge in giving an order to fully examine the case and be satisfied that there are grounds
for issuing the bond. The Court Manual states clearly that, "No person should be called upon to
give security except upon credible, clear and substantial information... that the person informed
against is leading an habitually dishonest life and, in the sense, is dangerous to society"
(Chapter 16, section 376). It is ludicrous to think that Judge Win Swe in this case had inquired
properly and found reason for giving the order.

Secondly, there are no genuine allegations against the accused of relevance to the charge of
obstructing a public servant simply because he is a frustrated consumer of a bad electricity
supply. The claim that he contacted to an overseas radio station, when put to the court, was
found not only to be without evidence but the officials could not say what station, what day;
what time or on what topic he had contacted. Not only is its application in this case absurd, but
also the penalty carries a maximum sentence of three months. Khin Maung Kyi has already
been detained for two months and the trial in this case is not completed.

For these reasons I ask that first, the bond order be immediately lifted; and second, that the
accused be granted bail while a review of the charge of obstructing a public servant is
undertaken so that that case also be dropped.

I also ask that the government officials involved in bringing this frivolous complaint against an
ordinary citizen be investigated. I am aware that the government of Myanmar encourages the
making of complaints to offices in Naypyitaw, but it is clear from this case that if local officials
are left free to bring false criminal cases against people who do complain or threaten to
complain then senior officials are not likely to learn about their causes for complaint. If senior
government officials are serious about the policy of allowing complaints then they must act
against officials who are found to have been working to prevent people like Khin Maung Kyi
from taking their grievances to a higher level.

Finally, 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, in accordance with its
globally recognized mandate, without any further delay.

Yours sincerely,

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

PLEASE SEND YOUR LETTERS TO:

1. Maj-Gen. Maung Oo
Minister for Home Affairs

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BURMA: Man imprisoned for complaining about electricity supply 09.10.09 17:13

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. 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 2009-10-09
Back to [2009 Urgent Appeals]

Asian Human Rights Commission

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