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Objection Against Unlawful Detention of a Human Rights Activist, Bawk Jar Lum Nyoi

By Legal Aid Network  •  July 19, 2013

1. Bawk Jar Lum Nyoi, a Kachin nationality human rights activist, was arrested in Mohnyin by police on July 18, 2013 and was going to be brought to Myitkyina today. Bawk Jar was the one who participated in recent study tour mainly organized by the Civil Rights Defenders, seeking to support the legal aid work in Burma, together with 9 lawyers, taking two weeks period from June 22 to July 7, 2003, and studied in Belgrade, the capital of Serbia, which constituted a major part of former Yugoslavia, on the issues relevant to human rights and the rule of law.

2. It was known that police officers, who detained Bawk Jar, did not explain reason of arrest. It is against the law and the rule of law. According to Section 75 (1) of the Code of Criminal Procedure, police must have warrant of arrest. It is practiced when a person is to be detained more than 24 hours detention period, authorized to police. In addition, Section 80 of the CRPC provides that the police officer or other person executing a warrant of arrest shall notify the substance, in terms of reason of arrest, thereof to the person to be arrested, and if so required, shall show him or her warrant. Arrest of Bawk Jar was contrary to the provisions in the Code of Criminal Procedure. Our Legal Aid Network (LAN) seriously demands the government authorities, led by President Thein Sein to release her immediately and unconditionally.

3. Even if a suspect is to be indicted in a law court, such person shall be released from custody if he or she executes a bond with sufficient sureties for his or her attendance before the Court at a specified time and thereafter until otherwise directed by the Court, in accordance with the Section 76 (1) of the CRPC. Otherwise, Section 81 provides that the police officer or other person executing a warrant of arrest shall, without unnecessary delay, bring the person arrested before the Court. The authorities must take either way immediately and promptly.

4. If any manner of police and government authorities, who detained Bawk Jar, is contrary to the provisions in the Code of Criminal Procedure, our Legal Aid Network (LAN) claims that the responsible perpetrators will be filed a law suit on charge of Section 339 wrongful restraint and Section 340 wrongful confinement, provided for in the Penal Code.

5. We demand the authorities to comply with the UN Principles on Standard Minimum Rules for the Treatment of Prisoners, approved on 13 May 1977, and other international principles under the Right to a Fair Trial, following the detention of Bawk Jar, inter alia, as follows:

  1. the right to have medical check-up;
  2. the right to have contact with family;
  3. the right to have contact with outside world and receive social assistance;
  4. the right to have appropriate arrangement for food, shelter and clothing during detention period;
  5. the right to receive assistance of legal councils;
  6. the right not to be tortured under any circumstance;
  7. the right to have a well treatment of detention authorities as an innocent person under the principle of presumption of innocence until a Court of Law finds her guilty; and,
  8. the right to have a speedy arrangement to bring her to a Court of Law and be tried promptly.

6. The authorities have created threat to grassroots people, by detaining Bawk Jar Lum Nyoi, such a notable person of human rights activist, illegally and without justice. This is also to prohibit responsive actions of Bawk Jar and other local farmers whose farm land, constituted a part of over 220,000 acres, which is situated in Hu Gong valley in Kachin State, and which were illegally confiscated by Yuzana Company, owned by U Htay Myint, a high-ranking crony of the regime, led by President Thein Sein. It also indicates that the ruling regime will proceed the process and also step forward for confiscating and exploiting more lands, owned by local farmers and people in Kachin State, illegally and unjustly.

For details, please contact:
Aung Htoo
Human Rights Lawyer
Founder of Legal Aid Network
Tel: (46) 76 1156 215
E.mail: aunghtoo50@gmail.com 

Download the statement in Burmese here.

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This post is in: Press Release

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