PRESS RELEASE
AHRC-PL-012-2006

BURMA: Supreme Court rejection of latest appeal petition against jailing of human rights defender "predictable", AHRC says

(Hong Kong, February 21, 2006) The Asian Human Rights Commission (AHRC) has described as "predictable" a decision by the Supreme Court of Burma on Monday to throw out an appeal petition against the sentence of a jailed human rights defender, and called for stronger international action on the un-rule of law there.

The Supreme Court summarily rejected an application by U Aung Pe, who on August 25 was sentenced to three years in prison for illegal tuition after he had led his students in song to respect independence hero Aung San, during which he hung up a t-shirt bearing a picture of Aung San's daughter, democracy leader Aung San Suu Kyi.

"Aung Pe is the latest in a long line of Supreme Court victims who have predictably had their applications dismissed without even a second glance," Michael Anthony, Asia-Europe programme coordinator with the Hong Kong-based human rights group said.

Speaking to the Voice of America Burmese Service, the lawyer for 49-year-old Aung Pe said that his client had done nothing illegal.

"He paid respect to General [Aung San] in accordance with the law; and what does singing have to do with it?" U Nyan Win asked.

"He has been prosecuted under the Tuition Act, but... he was prosecuted before the final day to apply for a tuition permit," he said. 

Aung Pe had complained that he had been teaching disadvantaged children and orphans for free but in addition to having to pay for a tuition teacher's permit he also had to pay many "extra charges" to corrupt local officials.

His application was dismissed by the Supreme Court without any reason being given.

On February 1 the Supreme Court also denied an application to appeal by Ma Su Su Nwe, a 34-year-old villager jailed last October in revenge for her unprecedented victory in a forced labour case.

The AHRC on that occasion described Burma's courts as an "injustice system"

"We are disappointed by the lack of a concerted response from international agencies and European governments on the use of Burma's courts to perpetuate the un-rule of law there," Anthony said.

"We have directly approached the U.N. high commissioner for human rights as well as various international experts and governments on these and other cases, but are not aware of any significant response," he said.

"Most international agencies show very little understanding of the situation in Burma, and limit their discussions to diplomatic niceties about only the most patently obvious human rights issues, like the country's thousands of political prisoners," Anthony added.

"It is high time that these bodies broaden their discussion on Burma to take into account the effects of its totally compromised judicial and legal system on the life of an ordinary person," he stressed.

The AHRC earlier described the Burmese judiciary as "totally degraded" and lacking the capacity to afford due process in any single case coming before it.

The lawyers for both Aung Pe and Su Su Nwe have indicated that they will file for special review of the Supreme Court decisions.

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