PRESS RELEASE
AHRC-PL-75-2005

BURMA: District court throws out appeals by Burmese human rights defender and teacher

(Hong Kong, November 15, 2005) The Asian Human Rights Commission (AHRC) yesterday condemned the South Rangoon District Court's summary rejections of recent appeals against the jailing of human rights defender Ma Su Su Nwe and a private tuition teacher.

Ma Su Su Nwe, 34, was sentenced to 20 months in prison on October 13 for spurious charges of abusing and intimidating local government officials, despite her chronic heart condition.

In another case, Burmese teacher U Aung Pe also saw his appeal against a jail sentence for holding illegal tuition classes thrown out on October 24. His lawyer said that the judge wrote the dismissal as he was arguing the case.

"The cursory manner in which the judges disposed of the cases suggests that the petitioners were not given the right to a fair hearing in accordance with international standards, and that the judges were acting under instructions to dismiss the appeals," the Hong Kong-based rights group said in an appeal.

"The summary dismissal of court hearings in cases of international interest and corresponding growth in litigation against complainants in cases of alleged forced labour in [Burma] will do nothing to improve [the] country's dismal international standing and reputation," the AHRC further warned.

On January, Ma Su Su Nwe obtained the first successful conviction for forced labour in Burma against government officials of Kawmhu Township, Yangon Division. She was supported in her efforts by the liaison office of the International Labour Organisation (ILO) in the country.

The new local government head, U Kyaw Lwin, took retaliatory legal action against her, claiming that she had abused and threatened him and other local council members.

She was found guilty and sent immediately to the notorious central Insein prison. According to sources close to the case, the authorities are still denying her medicine for her chronic heart disease.

Ma Su Su Nwe's lawyers appealed the conviction, but Judge Daw Nang Sanda San threw out the appeal on November 4 without giving any reason.

The lawyers have said that they will appeal to a higher court. However, a Burmese lawyer in contact with the AHRC has opined that as the district court rejected the application so quickly it is unlikely to succeed at a higher level.

Although U Aung Pe was jailed on charges of giving illegal tuition, a widespread but unregulated practice in Burma, his real affront was reportedly leading his English class students in paying respect to an image of national independence hero General Aung San, father of democracy leader Daw Aung San Suu Kyi.

It has also been reported that on September 30 a jail gang that the authorities use to intimidate prisoners beat up U Aung Pe.

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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying for human rights in Asia. The Hong Kong-based group was founded in 1984.