Bid to free 9 migrant workers from Burma detained by Immigration (Malay Mail, 31/10/2011)

Bid to free workers

Nine from Myanmar wrongfully held by Immigration, says NGO 

 

Meena Lakshana

Monday, October 31st, 2011 11:29:00-  Malay Mail, 31/10/2011, Bid to free workers

PETALING JAYA: Nine Myanmar factory workers have been wrongfully detained by the Immigration Department since Oct 4, representatives of a non-profit organisation (NGO) said yesterday.

Burma Campaign Malaysia director Tun Tun said the workers were detained after failing to provide their work permits or visa documents to officers from the Shah Alam Immigration office who went to their apartment in Section 6, Kota Damansara, where they were staying.

"The officers went to the apartment at 1am after a complaint about noise was lodged against the workers by their neighbours," he told The Malay Mail.

Tun Tun claimed the outsourcing company that recruited the workers were in the midst of preparing the documents.

He said the workers had arrived in Malaysia in June.

He also said the workers' employer was holding their passports.

Tun Tun said the workers were being held at the KL International Airport (KLIA) Immigration detention centre in Sepang.

"They paid US$850 (RM2,604) each to come to Malaysia to work and were made to believe their documents would be ready on their arrival," he said.

He said the outsourcing company had shortchanged the workers as their documents were still not prepared.

"Every time we call them to ask about it, they would give us different answers," he said.

Tun Tun said Burma Campaign Malaysia was working with the Malaysian Trades Union Congress (MTUC) for their release.

MTUC industrial relations director Peter Kandiah said officers from the Immigration Department should conduct thorough investigations before detaining foreign workers without proper documentation.

"Why weren't the outsourcing company's staff remanded?" he asked.

"I'm upset with the Immigration Department for the manner they are handling the matter."

Kandiah said the department had yet to answer his queries on the reasons for detaining the Myanmar workers.

"I've been trying to contact them since last Thursday but to no avail," he said.

"I was given the runaround when I visited the Immigration Department office. I even left my contact details but no one got back to me."

Immigration Department director-general Datuk Alias Ahmad said he needed to check the details of the case before commenting. - Malay Mail, 31/10/2011, Bid to free workers

Asahi Kosei Update: Thiha Soe and Aung San being held separately in undisclosed location

Update:-

The 2 workers who did not sign are Thiha Soe (PP No: A 458011) and Aung San (PP No: A432863), whereby Aung San was the worker who signed the complaint for and on behalf of all the workers when the complaint was lodged at the Human Rights Commission on 8/2/2011.

Thiha Soe and Aung San were then handed over by the employer to the recruitment agent, possibly to send them back to Burma. Both workers have been separated and taken to different undisclosed location. Both workers do not want to be sent back to Burma, and want to continue working at  Asahi Kosei(M) Sdn Bhd factory in Balakong. 

.....

URGENT:- Stop ASAHI KOSEI (M) SDN. BHD from sending Thiha Soe (PP No: A 458011) back to Burma

31 Burmese Migrant Workers, working at ASAHI KOSEI (M) SDN. BHD., Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia raised some grievances with their employer, and the response of ASAHI KOSEI (M) SDN. BHD (and the recruitment agent) was to threathen, deprive the workers of their cooking material and electricity, ...and this threats included threats of termination and deportation.

 

Following the earlier posting, more information have been obtained from the workers concerned through the assistance of Burma Campaign Malaysia.

On 7/2/2011, the workers say that a gang of persons (which reasonably could be presumed to be agents of the employer) came to threathen the workers at their hostel. The police was also alleged to have been present at that time. Before this group of persons left took all the cooking material(TV, gas barrel, refrigerator, table fan and rice cooker) . They switched off the electric main switch, so the workers were left in the dark. 

 

They also allegedly took two workers, without their consent, to the KLIA International Airport stating that they will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

The Malaysian Human Rights Commission (SUHAKAM) have been notified on 8/2/2011. A complaint has also been lodged at SUHAKAM. The workers also have gone to Malaysian Trade Union Congress(MTUC) for assistance. 

Latest

ASAHI KOSEI (M) SDN. BHD, the employer, the recruitment agent and the affected workers had a meeting.

ASAHI KOSEI (M) SDN. BHD's proposal:-

- Will increase salary to RM23 per day (previously it was RM20) 

- There will be NO shift allowance (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

- That if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

- Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

- If the workers agree, they must sign a new contract now

 

All workers, save 2, i.e. Thiha Soe (PP No: A 458011)  and another allegedly agreed. The employer allegedly said that they will be sending Thiha Soeback to Burma soon. [They have already taken Thia Soe away and no one knows where]. With regard the other worker who refused to sign, I have no information at the moment.

Comments

What ASAHI KOSEI (M) SDN. BHD did, including the manner in which they forced the workers to accept the new terms and sign a new contract then and there, was so wrong. What choice did the workers have? Sign or get deported.. Let us also not forget the use of hoodlums, threats, taking of cooking material, cutting electricity at the hostel, the physical taking of 2 to the aiirport for alleged deportation...

What will the workers do after this? Will they pursue their claim through the Labour Department/Court? 

 

Even if they do not, will the Labour Department and the relevant authorities take any action against the employer, ASAHI KOSEI (M) SDN. BHD, and the recruitment agent.

Or will all be forgotten...and ASAHI KOSEI (M) SDN. BHD, and the recruitment agent and their agents get off scott free. If so, then would it not be an endorsement of all the actions of this employer?

 

I believe that at the very least, there must be a sincere apology and maybe a payment of a small sum of money as compensation/damages... More maybe should be paid for the 2 workers that was 'kidnapped' and taken to the KLIA for deportation...

 

With regard to this worker who refused to sign a NEW contract, the employer should not deport him but allow him to continue to work here in Malaysia. The said worker,  Thiha Soe (PP No: A 458011)  wants to continue working at ASAHI KOSEI (M) SDN. BHD - he definitely does not want to be sent back to Burma. But ASAHI KOSEI (M) SDN. BHD is adamant, i.e. sign new contract NOW or we send you back to Burma.

Latest...(about 1.00 am)

The employer is forcibly taking Thiha Soe (PP No: A 458011) to KLIA now to be sent back to Burma. Thiha Soe does not want to be deported...he wants to continue working at ASAHI KOSEI (M) SDN. BHD.

[A stranger in a foreign land, where he has been for only 6 months, certainly with no real grasp of the local language, they would so easily oppress him. Even if an Immigration Officer ask him whether he wants to go back or stay, he may not be able to comprehend the question at all. Certainly, he does not have his own translator...but we do know that the last position taken by Thiha  was that he did not want to be deported, and that he wants to stay and work here...]

URGENT ACTION NEEDED  To stop the wrongful sending back of Thiha Soe (PP No: A 458011) to Burma. They are already on the way to KLIA.

 

Why do employers do this so fast? To basically deprive the worker the chance to pursue justice. If the worker is not in Malaysia, he cannot file a complaint at the Labour Department, police station, Human Rights Commission, etc - and even if he had already done so, if the worker(complainant) is not physically present for the hearing...then the process cannot be continued and the employer (and other wrong-doers) get off scott free... 

What can you do?

Urge ASAHI KOSEI (M) SDN. BHD to immediately stop their attempt to send the worker, Thiha Soe (PP No: A 458011),  back to Burma. [Tel : (60) 3 89614360  Fax: (60) 3 89614354, Email : asahi@po.jaring.my   Website: http://www.asahikosei.com/index.htm]

 

Urge SUHAKAM, police, Immigration Department, MPs, ADUNs, Ministers, etc to intervene and stop the sending back of  Thiha Soe (PP No: A 458011)

 

 

See also earlier post: -  Hopefully ASAHI KOSEI (M) SDN. BHD wont terminate/deport workers who claim rights

 

 

** I have still received no e-mail response from  Asahi Kosei(M) Sdn Bhd.

 

URGENT:- Stop ASAHI KOSEI (M) SDN. BHD from sending Thiha Soe (PP No: A 458011) back to Burma

31 Burmese Migrant Workers, working at ASAHI KOSEI (M) SDN. BHD., Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia raised some grievances with their employer, and the response of ASAHI KOSEI (M) SDN. BHD (and the recruitment agent) was to threathen, deprive the workers of their cooking material and electricity, ...and this threats included threats of termination and deportation.

 

Following the earlier posting, more information have been obtained from the workers concerned through the assistance of Burma Campaign Malaysia.

On 7/2/2011, the workers say that a gang of persons (which reasonably could be presumed to be agents of the employer) came to threathen the workers at their hostel. The police was also alleged to have been present at that time. Before this group of persons left took all the cooking material(TV, gas barrel, refrigerator, table fan and rice cooker) . They switched off the electric main switch, so the workers were left in the dark. 

 

They also allegedly took two workers, without their consent, to the KLIA International Airport stating that they will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.

The Malaysian Human Rights Commission (SUHAKAM) have been notified on 8/2/2011. A complaint has also been lodged at SUHAKAM. The workers also have gone to Malaysian Trade Union Congress(MTUC) for assistance. 

Latest

ASAHI KOSEI (M) SDN. BHD, the employer, the recruitment agent and the affected workers had a meeting.

ASAHI KOSEI (M) SDN. BHD's proposal:-

- Will increase salary to RM23 per day (previously it was RM20) 

- There will be NO shift allowance (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

- That if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

- Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)

- If the workers agree, they must sign a new contract now

 

All workers, save 2, i.e. Thiha Soe (PP No: A 458011)  and another allegedly agreed. The employer allegedly said that they will be sending Thiha Soeback to Burma soon. [They have already taken Thia Soe away and no one knows where]. With regard the other worker who refused to sign, I have no information at the moment.

Comments

What ASAHI KOSEI (M) SDN. BHD did, including the manner in which they forced the workers to accept the new terms and sign a new contract then and there, was so wrong. What choice did the workers have? Sign or get deported.. Let us also not forget the use of hoodlums, threats, taking of cooking material, cutting electricity at the hostel, the physical taking of 2 to the aiirport for alleged deportation...

What will the workers do after this? Will they pursue their claim through the Labour Department/Court? 

 

Even if they do not, will the Labour Department and the relevant authorities take any action against the employer, ASAHI KOSEI (M) SDN. BHD, and the recruitment agent.

Or will all be forgotten...and ASAHI KOSEI (M) SDN. BHD, and the recruitment agent and their agents get off scott free. If so, then would it not be an endorsement of all the actions of this employer?

 

I believe that at the very least, there must be a sincere apology and maybe a payment of a small sum of money as compensation/damages... More maybe should be paid for the 2 workers that was 'kidnapped' and taken to the KLIA for deportation...

 

With regard to this worker who refused to sign a NEW contract, the employer should not deport him but allow him to continue to work here in Malaysia. The said worker,  Thiha Soe (PP No: A 458011)  wants to continue working at ASAHI KOSEI (M) SDN. BHD - he definitely does not want to be sent back to Burma. But ASAHI KOSEI (M) SDN. BHD is adamant, i.e. sign new contract NOW or we send you back to Burma.

Latest...(about 1.00 am)

The employer is forcibly taking Thiha Soe (PP No: A 458011) to KLIA now to be sent back to Burma. Thiha Soe does not want to be deported...he wants to continue working at ASAHI KOSEI (M) SDN. BHD.

[A stranger in a foreign land, where he has been for only 6 months, certainly with no real grasp of the local language, they would so easily oppress him. Even if an Immigration Officer ask him whether he wants to go back or stay, he may not be able to comprehend the question at all. Certainly, he does not have his own translator...but we do know that the last position taken by Thiha  was that he did not want to be deported, and that he wants to stay and work here...]

URGENT ACTION NEEDED  To stop the wrongful sending back of Thiha Soe (PP No: A 458011) to Burma. They are already on the way to KLIA.

 

Why do employers do this so fast? To basically deprive the worker the chance to pursue justice. If the worker is not in Malaysia, he cannot file a complaint at the Labour Department, police station, Human Rights Commission, etc - and even if he had already done so, if the worker(complainant) is not physically present for the hearing...then the process cannot be continued and the employer (and other wrong-doers) get off scott free... 

What can you do?

Urge ASAHI KOSEI (M) SDN. BHD to immediately stop their attempt to send the worker, Thiha Soe (PP No: A 458011),  back to Burma. [Tel : (60) 3 89614360  Fax: (60) 3 89614354, Email : asahi@po.jaring.my   Website: http://www.asahikosei.com/index.htm]

 

Urge SUHAKAM, police, Immigration Department, MPs, ADUNs, Ministers, etc to intervene and stop the sending back of  Thiha Soe (PP No: A 458011)

 

 

See also earlier post: -  Hopefully ASAHI KOSEI (M) SDN. BHD wont terminate/deport workers who claim rights

 

 

** I have still received no e-mail response from  Asahi Kosei(M) Sdn Bhd.

 

 

About Sinometal (4) :- Migrants missing after rights case (DVB, 19/1/2011)

Khun Hla Myint Oo, one of the migrants released after being detained following complaints over salary (Burma Campaign Malaysia)

Migrants missing after rights case

By JOSEPH ALLCHIN

Published: 19 January 2011

Three Burmese migrant workers in Malaysia have been deported and an additional two have gone missing after requesting that their employers uphold contractual obligations over payment.

Thirty-five Burmese in total had been detained last week in Johor in southern Malaysia after complaining that the owners of the Sinometal Technology Company had paid them only 640 Malaysian Ringit ($US210) per month instead of the 900 Ringit ($US295) agreed when they signed the three-month contract. They also complained that they were not receiving overtime pay which had also been promised.

Thirty were subsequently released, but the three deported were deemed to be ringleaders of the group.

“On 12 January the employer made a fake report to the police and the police arrived at the hostel,” says Tun Tun from the Burma Campaign Malaysia (BCM). The police detained all 35 workers at around 10.30am but released the 30 at around 6:45pm, telling BCM that the other five were “under investigation”.

According to Pranom Somwong of the Network of Action for Migrants in Malaysia (NAMM), however, “they immediately sent five of the workers’ leaders to the airport, and tried to send them back to Burma”.

No legal charges against the workers were made clear to either advocates or the workers. Human rights lawyer Charles Hector, who advocates for migrant workers in Malaysia, says: “Honestly speaking, the police should not have got themselves involved in this situation where there was no protest and there was no criminal offence happening. This was a labour matter, but police are used by employers to harass migrant workers – this is common practice.”

The case is another indictment of strained labour relations in Malaysia, around 30 percent of whose workforce is made up of migrant workers. Tun Tun tells DVB that Malaysia is thus “a pro-employer country”.

The Kuala Lumpur-based Burma Workers’ Rights Protection Committee estimates there are about 500,000 registered and unregistered migrants from Burma in Malaysia. As of May 2009, the UN Refugee Agency (UNHCR) said it had registered 50,000 people of concern from Burma, including refugees and asylum-seekers. Amnesty International claims there are a total of around 2.2 million legal migrants in Malaysia.

Hector believes the incident was aimed at “making the migrants believe that they can’t do anything against the employer”.

Access to the law in Malaysia is widely identified as a problem for Burmese migrant workers, meaning they are more liable to be abused by their employers. Tun Tun adds that the 35 did not speak Bahasa, the local language, and little English. As a result the BCM publishes the laws in Burmese in a newsletter called the Thuria Malaysia.

The 30 who were released returned to their hostel but found it locked and were unable to enter, forcing them to spend the night on the streets.

Through the intervention of groups such as the Malaysian Human Rights Commission, NAMM and the BCM, the country’s labour office became involved and was able to regain the jobs of at least 27 of the 35. As well as the fate of the deported three, concern abounds about the whereabouts of the two leaders whom no one has heard from. - Democratic Voice of Burma, 19/1/2011, Migrants missing after rights case

See also earlier posts:-

Sinometal Case Update(3): 27 Workers Win, 3 send back to Burma, 5 still missing...

Sinometal Case Update(2): 2 Migrant Workers escape employer's attempts to send them back to Burma

Sinometal Case Update: 5 Migrant Workers being send to KLIA possibly to be send back to Burma

35 migrant workers arrested in Senai, Johor when they try to claim their rights from employer

Sinometal Case Update(3): 27 Workers Win, 3 send back to Burma, 5 still missing...

Now, 27 of the 30 workers are back to work, and the employer has agreed that they will earn about RM1,000 per month, and will also get their overtime. There are still 3 workers in this group that is missing?? 

With regards the hostel where the workers were staying, the good news is that electricity and water supply has been restored today.

With regard the 5 worker leaders, which the employer took to KLIA with the intention of sending them back to Burma. It is confirmed that 2 escaped from the employer, and is on the run. The other 3 have been send back to Burma.

The matter is not resolved yet - for we cannot forget the wrong that Sinometal has done to its workers, and eventhough 27 have managed to get what they were complaining about, great injustice have been done to the 3 leaders that have been sent back to Burma, the other 2 leaders still on the run and the 3 other workers. 

We have yet to get any information from SUHAKAM, and one wonders how the employer managed to send the 3 back to Burma after the DG of Immigration was aware of what had happened. They had the said workers names, and passport number. Did the immigration department act to prevent this wrongful unjust act of the employer, or did they not? Certainly, the employer must pay substantial compensation to the workers that they send home - and this should not only cover all the expenses incurred by the said worker to come to Malaysia, but also maybe all the wages that he would have earned during the contract period... It will be difficult for the 3 workers to come back to Malaysia and file a case at the Labour Department/Court and/or the courts - and that is why SUHAKAM, the Labour Department and the Immigration Department should maybe ensure that the appropriate compensation and damages be sent and received by the said workers. Likewise justice must be done to the 5 other workers...still on the run? possibly from this employer?

Sinometal Case Update(2): 2 Migrant Workers escape employer's attempts to send them back to Burma

A conversation with Aung San Suu Kyi

Transcript of a conversation with Aung San Suu Kyi

29 November 2010, 03:08PM

This is a transcript of a recorded conversation between Nora Murat (the Director of Amnesty International Malaysia) and Aung San Suu Kyi. This conversation took place on 24 November, 2010. The transcript and the recording were supplied Amnesty International Malaysia.

You can listen to the audio of the conversation here.

Nora: Madam my name is Nora and I am the director of Amnesty International Malaysia and I have with me right here youth activists and youth members right now in Malaysia. We have been trying to get you and right now Amnesty International Australia is also listening in. We were unable to contact you earlier but we have about 10 countries with us that wanted to speak to you especially the youth of Asia Pacific. We are wondering if right now if you can give a personal message to the youth of the Asia Pacific if that is alright with you. If we can just have 5 mins of your time right now and we will then record your message and then we will give it to our youth is that alright?

ASSK: Alright. Are you going to read out the questions?

Nora: We have a few questions here, can we ask you?

ASSK: Ok.

Nora: This is one from Amnesty International youth activist. His name is [...]. His asking you can you kindly advise us on how youth can continue working on Burma and who should our action be targeted to?

ASSK: At the moment what we would like our young friends abroad to do is try to do everything they can to bring about the release of the remaining 2,200 political prisoners in Burma. Some of them are young people like themselves, some are not out of their 20s yet, and yet they have been given long long prison sentences. So the first thing that we would like is the youth to increase awareness of the situation of political prisoners in Burma. Do you think that they would be happy to do that?

Nora: Yes we would definitely be happy to do that. The second question Madam is from Amnesty International Australia - her name is Larnie. She is asking you, "how can we help to further the democracy and human rights for people of Burma?"

ASSK: I think first of all people all over the world needs to know exactly how much human rights violations are going on in Burma. I think some don’t quite know. Yesterday I was speaking to somebody from India. And she was surprised because I said that in order to link up to the internet I had to make an application and this is not always granted. So we have very little freedom of information and freedom of communication compared to other countries in this region, so if the youth of other countries use their opportunity to increase awareness of situation in Burma, for us, because they have more access to IT technology and they have more access to freedom of information than we have. That would help us a great deal. In other words if they would do the work that we are prevented from doing ourselves.

Nora: Alright Madam the last question will be from Amnesty International New Zealand - her name is Lena. Her question to you is "what inspired you to continue with your cause for all these years despite all the obstacles in your way?"

ASSK: ...the lot of our people when I look at what people are having to go through in this country, then I think that its everybody’s duty to do everything they can to change the situation. And I must also add that I have very, very good colleagues. They’ve really been through so much and yet they don’t stop trying. So with colleagues like that how I can even think of stopping trying?

Nora: Yeah. Madam we have one final question is that alright? One more?

ASSK: Yes dear.

Nora: This is from Amnesty International Philippines. His name is Nathan. His question is "how is the situation in Burma since your release from the house arrest?"

ASSK: Well at the moment of course I have been walking the streets for about 10 days what I’ve seen certainly is that there are a great many more youth involved in our democratic process than there used to be. There’s a lot of enthusiasm on the part of young people which I did not see 7 years ago so that is very, very encouraging for us and I would very much like the young people of Burma to be able to communicate with young people abroad, so they can find new ways of helping to bring our struggle to a victorious end.

Nora: This is a question from me and my colleague Jenny Leong in Australia: "Madam - because we do a lot of campaign for Amnesty International - but which regional government do you see as being the most important for the young people from this region to lobby in order to put political pressure on the Burmese authorities to meet basic human rights standard? Which target?"

ASSK: I think we need all the ASEAN countries to rally around to work in coordination - as well as, of course India and China, I need hardly add that. But if we’re talking about ASEAN countries we need all of them to work in coordination. Thailand is important of course because its our neighbour and Singapore is important because it’s an economic power, Malaysia is important because in some ways we should have progressed along the same lines, and Indonesia is important because (laughs) Indonesia used to be a military dictatorship... and the Philippines are important because it’s a democratic government with a President at present who is very, very sympathetic to us. So each ASEAN country is important in its own way and what I would like to see is for the youth of those countries to be united in an effort to help us in Burma

Nora: Madam thank you so much from Amnesty International Malaysia, Amnesty International Australia and all the youth network in the region and all the youth and who are really working hard for the release of Burma political prisoners and hopefully that we will see a better future very, very soon. Thank you very much madam.

ASSK: Well thank you. What I would like to see is a group of ASEAN youth coming to visit us here.

Nora: We will do.

ASSK: If you could possibly arrange it.

Nora: We will do.

ASSK: Very good.

Nora: Say HI to her.

Everyone: Hiiiiiiiiii!

Nora: Thank you madam.

ASSK: Thank you. Good bye.

http://www.amnesty.org.au/crisis/comments/24274

http://www.amnesty.org.au/crisis/comments/24272/

Statement of Coalition of Burma Ethnics, Malaysia (COBEM) on junta-run election

Statement of Coalition of Burma Ethnics, Malaysia (COBEM)
on junta-run election

We, the Coalition of Burma Ethnics, Malaysia (COBEM), founded in 2007 to respond to the needs of the ethnic refugees from Burma living in Malaysia, are community-based organization representing the different ethnic minorities from Burma. It was formed to organize, assist, empower and protect our respective communities. In recognition that community-based operations in Malaysia would benefit from increased resource sharing and cooperation.

This statement is prepared by executive committee of the COBEM with resources provided by many politicians, ethnic leaders in Malaysia and NGOs. With the cause that Burma refugees are unable to return to their homelands due to political unfairness, religious persecution, racial discrimination, we, COBEM, are motivated to declare this statement from refugee’s point of view as below:

1. The coming election run by the military junta is based on the constitution drawn in 2008 which in fact is not a federal constitution but a mere union constitution which will never allow the ethnic minorities for self-determination. 
2. The election law itself is not fair for parties as equal opportunities and rights are dishonored especially for ethnic minorities. With the excuse of security, many polls are barred where the military-based parties are uncertain to win the election.
3. Human right is greatly violated that all citizens are not allowed to vote.
4. Time limitation, financial deposition and unfair criteria hinder the community-based parties from a wide array of participation.

Thus, we, coalition of Burma Ethnics, Malaysia (COBEM), are totally against this military well-planned and systematically arranged election. We foresee the increasing civil war between the ruling military junta and ethnic armed-groups after the election. We further have a great concern on the possible increase of Burma refugee population in neighboring countries like in Malaysia.

Executive Committee
Coalition of Burma Ethnics, Malaysia (COBEM)

Kuala Lumpur, Malaysia
6^th November, 2010

Regards,
Sai Kyaw

# Note that the publishing of statements of other groups in this Blog should in no way to be interpreted that NAMM (and/or its affiliates) agree and/or take a similar position unless specifically stated. The publication of these statements of others in the NAMM Blog is because we believe and support the freedom of expression and opinion.

Urgent Appeal: BURMA: A young man is unlawfully detained and accused over a bombing

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-112-2010



30 July 2010
---------------------------------------------------------------------
BURMA: A young man is unlawfully detained and accused over a bombing

ISSUES: Administration of justice; torture; arbitrary arrest and detention; fabrication of charges; right to fair trial
---------------------------------------------------------------------

U.N. HUMAN RIGHTS COUNCIL
ALRC SPECIAL REPORT ON BURMA

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

Dear friends,

The Asian Human Rights Commission (AHRC) previously issued a statement on the case of Phyo Wai Aung, whom the authorities in Burma have blamed for an attack on a festival in April. In this appeal we bring you the details of his case and the charges that have now been brought against him. His trial is ongoing.

CASE NARRATIVE:

As the AHRC wrote in its statement (Conviction by press conference--the case of Phyo Wai Aung), on May 6 the police chief of Burma announced that his force had arrested one of four persons involved in the April 15 water festival blasts in Rangoon that officially killed 10 and injured 168. The police chief said that the accused person, 30-year-old Phyo Wai Aung, had confessed to being among those responsible, and that he was connected to exiled groups based in Thailand.

The police arrested Phyo Wai Aung on the same day as the attack, and have accused him of being one of five persons involved in the plot – the others having escaped. Charges were then taken against him over the explosions, as well as for allegedly having had contact with outlawed groups abroad.

The police held Phyo Wai Aung for over a month without laying any charges, during which time they allegedly tortured him to obtain a confession. They searched his house but did not find any evidence to connect him to the crime. Eyewitnesses have said that they did not see him at the scene when the incident occurred.

Shortly after the police arrested Phyo Wai Aung, his family hired a lawyer to represent him; however, the police refused to allow the lawyer to meet with his client. Finally, the lawyer was able to meet with him only when the case began in a special court inside the central prison on 14 July 2010. However the family of Phyo Wai Aung has been prevented from attend the hearings, we are told, on instruction from the Special Branch police.

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

BACKGROUND INFORMATION:

In recent years, government-held press conferences have been a platform for an escalating number of persons accused in concocted cases over bomb plots, including U Myint Aye, the founder of local group Human Rights Defenders and Promoters (UAC: Three innocent men are tortured into confessing to a bomb plot). Myint Aye and his two co-defendants also alleged that they had been tortured during interrogation.

Such was the experience of Zaw Lwin, a.k.a. Nyi Nyi Aung, in September 2009, who was arrested as he disembarked from a flight from Bangkok (UAU: Activist due to be sentenced over alleged bombing plot ). An American citizen, Kyaw Zaw Lwin was released and deported after high-level interventions, but has since described his torture in custody.

Most recently, the AHRC issued an appeal on the case of Than Myint Aung, who was initially accused over a minor explosion in March 2009, but against whom the police subsequently shifted charges to other offences (UAC: A man is severely tortured for a month at Rangoon police headquarters and sentenced to 15 years in prison ).

ADDITIONAL INFORMATION:

All urgent appeals on Burma can be accessed by going to the appeals homepage and typing "Burma" or "Myanmar" into the search box: http://www.ahrchk.net/ua/. For further discussion see articles and special reports on the article 2 website:http://www.article2.org/search.php again search for Burma/Myanmar; and, see the 2009 AHRC annual report on Burma.

The Asian Legal Resource Centre 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.

SUGGESTED ACTION:

Please write to the persons listed below to call for the release of Phyo Wai Aung. 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 writing a separate letter to the UN Special Rapporteurs on Myanmar, on the independence of judges and lawyers, and on torture; the UN Working Group on Arbitrary Detention; and the regional human rights office for Southeast Asia, calling for interventions into this case.
To support this appeal please click here:

SAMPLE LETTER:

Dear ___________,

MYANMAR: Illegal detention, baseless charges and alleged torture of man accused over bombing

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

Date of arrest: 15 May 2010

Officials involved:
1. Police Major Aung Swe, Serial No. La/58844, Special Branch
2. Police Captain Win Maung, Serial No. La/128431, Operations Department, Special Branch
3. Inspector Aung Naing Oo, Serial No. La/139281
4. Inspector Saw Aung, Serial No. La/128627, Special Branch, Thanlyin
5. Inspector Kyaw Sein Win, Serial No. La/127321, Underground Unit, Internal Affairs Department, Special Branch
6. Inspector Htun Soe Thein, Serial No. La/139240, detective, Prosecution Department, Special Branch
7. Inspector Thaung Ngwe, Serial No. La/65715, Mingalar-taungnyunt Township Police
8. Township Judge U Win Swe, Hlaing Township Court, Yangon
9. Maung Maung Aye, Myawaddy District Immigration and National Registration Department

Charges and trial: Unlawful Associations Act, 1908, section 17(1); Immigration (Emergency Provisions) Act, 1947, section 13(1); Penal Code, sections 302, 307, 326 read with 114 (abetting murder, attempted murder and hurt); Explosive Substances Act, 1908, section 3, Yangon Western District Court, Criminal Case Nos. 102-104/10

I am writing to express my concern over the arrest, imprisonment, trial and alleged torture of a man in Myanmar over the April 15 blasts at the water festival in Yangon that officially killed 10 and injured 168.

According to the information that I have received, the police arrested Ko Phyo Wai Aung on the same day as the attack, and have accused him of being one of five persons involved in the plot (the others are described as having absconded) and have laid charges against him over the explosions as well as for allegedly having had contact with outlawed groups abroad.

While I acknowledge and respect the responsibility that the police and other authorities in Myanmar have for bringing the persons culpable for the explosions to justice, I am gravely concerned that Phyo Wai Aung's fundamental human rights have already been grossly violated and I do not believe that he can obtain a fair trial. My concerns include the following:

1. On 6 May 2010 before any charges were brought against Phyo Wai Aung, the chief of the Myanmar Police Force, Brigadier General Khin Yi, gave a press conference which was reported in the official New Light of Myanmar newspaper the next day under the headline "MPF apprehends one of the offenders" in which he set out the accused man's alleged role in the bomb plot as a matter of fact and described him as a terrorist. In light of the contents of this press conference, it is obvious that Phyo Wai Aung has already been found guilty before he has been tried in any court.

2. Shortly after the police arrested Phyo Wai Aung, his family hired a lawyer to represent him; however, the Special Branch refused to allow the lawyer to meet with his client. Finally, the lawyer was able to meet with him only when the case began in court on 14 July 2010.

3. The case is being heard inside the Insein Central Prison, in violation of the Judiciary Law 2000, which provides for open trial; reportedly, not even the family of Phyo Wai Aung has been able to attend the hearings, on instruction from the Special Branch police, even though only the presiding judge has the authority to decide who can or cannot sit in the court.

4. The police held Phyo Wai Aung for over a month without laying charges, during which time according to the accused they tortured him and obtained a confession by force; however, the court has not entertained his allegations, even though they are consistent with those of other persons detained over alleged involvement in bombings. None of the material evidence accepted from the police by the court was obtained from the accused man's house or from among his personal property; however, eyewitnesses who deny seeing him at the site and time of the blast as the police allege, have not been called to appear.

In view of the above I do not believe that Phyo Wai Aung can obtain a fair trial and I urge that the concerned Yangon Western District Law Office drop the cases against him. I also call for a special inquiry into his allegations of torture; and into the reasons that his lawyer was denied access to him for over three months, and that his family has been prohibited from attending the trial.

Furthermore, I urge that in similar cases of this sort in the future, the chief of the Myanmar Police Force refrain from the holding of press conferences in which people who have not been tried for any crime are already declared guilty of some offence, because such press conferences effectively serve as notices of conviction of accused persons even before they have been heard in court.

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

6. U Myat Ko
Secretary of Myanmar Human Rights Group
Director-General, General Administration Department
Ministry of Home Affairs

Office No. 10, Naypyitaw, MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
umyatko@myanmar.com.mm

7. U Kyaw Tint Swe
Representative of Myanmar to the ASEAN
Intergovernmental Commission on Human Rights
10 EAST 77th STREET,
NEW YORK, N.Y.1005, U.S.A

Tel No: (212) 744-1475, 744-1279
FACSIMILE: (1) (212) 744-1290
myanmarmission@verizon.net

-------------------------------
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrchk.org)

Thirty-two Burmese detainees died while in custody in immigration detention

Thirty-two Burmese detainees died while in custody in immigration detention centres , the highest number of foreign detainee deaths, according to the government.

Home Minister Hishammuddin Hussein said a total of 78 foreign detainees died during 2005 to 2009 in the detention camps.

The foreign detainees included citizens from Burma, Indonesia, India, Bangladesh, Cambodia, Vietnam, Thailand, Nigeria, Togo, Pakistan, Liberia and the Philippines. The minister did not attribute the cause of death among the detainees.

Speaking to The Irrawaddy, Tenne Lee, a refugee coordinator from human rights group Suara Rakyat Malaysia (Suaram), said, “What we know about the cause of the deaths is that most of them died because of medical reasons.”

Lee said that there is not adequate medical treatment while detainees are in custody. Even if the detainees have medicine from a hospital when they enter a detention centre, the medicine is confiscated, she said.

“We do monitor things if we get information about deaths. We do pressure the government, but we don't have power to do investigations,” she said. “It is hard to know the exact number of deaths. The government is not accountable.”

According to a press release by the Bar Council in 2009, 1,300 foreigners died in detention centres during the past six years.

Some Burmese human rights activists say that the number of detainee deaths is much higher than acknowledged by the Home Ministry.

Nai Roi Mon, who works with Mon detainees in Kuala Lumpur and is a member of the Mon Refugee office in Malaysia, said: “I doubt their numbers. As I remember, at least 100 Burmese died in detention centers during the past five years.”

He said that many of detainees died because they were denied medical treatment when needed.

Outbreak of leptospirosis

There are about 500,000 Burmese migrants in Malaysia, legally and illegally. Burmese detainees are the largest group in detention centres.

There are 28 Immigration Detention Centres in Malaysia. Human rights advocates say there are constant complaints of inadequate food, water and unsanitary conditions. Detainees are not given clothing.

Advocates say that family members who try to bring cases to court are discouraged by governmental delay. There has never been a successful case of prosecution for negligence, said Lee. She said children are not separated from adults in detention centres.

According to a 2009 Suaram report titled 'Malaysia Civil and Political Rights Overview', nine Burmese detainees died in detention centers from May to August last year due to an outbreak of leptospirosis (an infectious disease caused by contaminated water or food which has been infected with rodent urine).

Human rights groups and civil society groups highlighted the outbreak of the disease in detention centres, but they say the government has been slow to respond.

Malaysia is ranked as one of the worst countries for refugees by the international watchdog, the US Committee for Refugees and Immigrants. Malaysia also ranks poorly among countries in meeting the minimum standards for the elimination of human trafficking, according to the US State Department.

- Irrawaddy - Malaysiakini, 31/7/2010, Burmese rank highest in detention camp deaths

But, the figures do not tally - the numbers may be higher, see earlier post:- 41% of deaths in Immigration Detention Centres are persons from Burma

41% of deaths in Immigration Detention Centres are persons from Burma

Well, according to the Malaysian government, between 2005 and 2009, 78 persons died while in Immigration Detention Centres, and 32 of them were from Burma.

Sadly, the causes of death was not revealed - and,  we also do not know the number who died when the RELA and/or Immigration officers were trying to arrest them.

We do not know exact numbers of those that died in police lock-ups, prisons, and other places of detention. We recall that 1,300 foreigners were said to have died in the past 6 years.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’] This was again reiterated ABC News(28/5/2009) Malaysia detention centres 'violating rights' .The Bar Council tells us that, "...The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!" - Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres - Another Burmese migrant dies in Alor Star Detention Centre

In July 2009, the Dewan Rakyat was told that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and 1 June 2009.  More recently SUHAKAM Commissioner Datuk Siva Subramaniam was quoted as saying that 1,300 foreigners died in detention within the past six years.  The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day! - Malaysian Bar [Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres]

And now, we are told....

JAWAPAN LISAN DEWAN NEGARA YBM TUNKU ABDUL AZIZ BIN TUNKU IBRAHIM PADA 26 JULAI 2010 [Written Answers in respond to question raised by a Senator]

SOALAN:

Tunku Abdul Aziz bin Tunku Ibrahim minta MENTERI DALAM NEGERI menyatakan bilangan kematian tahanan imigresen yang berlaku di depot tahanan imigresen dan hospital mengikut kategori negara asal, jantina dan umur dalam masa lima tahun yang lepas dan bilangannya bagi setiap tahun.

JAWAPAN:

Tuan Yang Di-Pertua,

Terima kasih diucapkan kepada Yang Berhormat Senator yang mengemukakan pertanyaan.

Untuk makluman Ahli-ahli Yang Berhormat, sejumlah 78 tahanan telah mati di dalam Depot Imigresen untuk tahun-tahun 2005 hinga 2009, dengan pecahan bilangan seperti berikut:

i.                    Bagi tahun 2005 sebanyak 1 kematian;

ii.                  Bagi tahun 2006 sebanyak 5 kematian;

iii.                Bagi tahun 2007 seanyak 27 kematian;

iv.                Bagi tahun 2008 sebanyak 14 kematian; dan

v.                  Bagi tahun 2009 sebanyak 31 kematian.

Dari jumlah ini, didapati bilangan tertinggi terdiri dari:

i.                    32 tahanan warganegara Myanmar yang kesemuanya merupakan lelaki;

ii.                  12 tahanan warganegara Indonesia yang mana 8 adalah lelaki, 2 adalah wanita dan 2 kanak-kanak;

iii.                11 tahanan warganegara India yang amna 10 adalah lelaki dan 1 wanita;

iv.                11 tahanan warganegara Bangladesh yang kesemuanya merupakan lelaki.

v.                  4 tahanan warganegara Kemboja yang kesemuanya merupakan lelaki;

vi.                2 tahanan warganegara Vietnam yang kesemuanya merupakan lelaki;

vii.              Dan

viii.            Masing-masing 1 tahanan lelaki dari Thailand, Nigeria, Togo, Pakistan, Liberia dan Filipina.

See also earlier post Death in Custody: Could be more than 3,000 since 1990...