AHRC UA0212 Burma 12 February 1998
ASIAN HUMAN RIGHTS COMMISSION URGENT APPEAL

As of October 1997, eight Burmese exiles, former students, are still being arbitarily detained in Bangkok's 'Special Prison', also referred to as the Special Detention Centre (SDC). All of the former student activists from Burma have already completed the term of detention required by the laws under which they were initially detained. None of the students are likely to be released soon, unless amnesties are granted by HRH The Queen of Thailand at sometime in the near future. There is an additional question of where some of them will go if released. This question has been raised by the Burmese Students Area Camp Commander in Ratchaburi refusing to accept some students back into the camp. Action should be taken as a matter of urgency to ensure their release and safety. UNHCR, the Thai Ministry of Interior and the Thai Ministry of Justice should be lobbied. A list of contacts follows at the end of this message.

LIST OF DETAINEES

1. THANT ZIN HTUN: UNHCR Non Indo-Chinese number 6229. Date of detention: 26/11/96 until the present. Reason for detention: No camp pass.

Thant Zin Htun was arrested during Bill Clinton's visit to Thailand in 1996. A group of students staged a demonstration and tried to hand an open letter to Mr. Clinton. He has been incarcerated since this time. He applied for resettlement to Australia and was granted an interview but could not attend as he was in SDC at the time. Authorities for not permit Burmese to be interviewed for protection (UNHCR) or for resettlement whilst under detention here. Someone wants to sponsor them - cannot resettle unless in Safe Area.

2. TAY AZA THURA: UNHCR Non Indo-Chinese number 1235. Date of detention: 26/11/96 until the present. Reason for detention: No camp pass.

3. AUNG ZAW: UNHCR Non Indo-Chinese number 5850. Date of detention: 26/11/96 until the present. Reason for detention: No camp pass.

4. SHWE OO: UNHCR Non Indo-Chinese number 1372. Date of detention: 26/11/96 until the present. Reason for detention: No camp pass.
All of these students were arrested at the same time. Same reasons for arrest and detention give on their records. They had applied to the Canadian embassy for resettlement, but heard nothing more since the commencement of their detention.

5. SHWE HLA: UNHCR Non Indo-Chinese number 1359. Date of detention: 12/5/97 until the present. Reason for detention: Violation of camp rules.

Shwe Hla was arrested May 12, sent to IDC, transferred to SDC on the 16th June 97. He was detained in April of 97 after being arrested outside of the Malaysian embassy in Bangkok for peacefully demonstrating against Asean's acceptance of Burma. Three other Burmese exiles were arrested with him- one had an official outpass from the safe area so the authorities just gave him a talking to and sent him back to the camp. All of his priviledges were suspended as a result, in keeping with the provincial rules governing the safe area. The other two, Nyein Moe and Ye Chan (UNHCR recognised), were deported to Mae Sot after one months incarceration. This action by the Thai authorities put their lives as Burmese dissidents, in grave danger. They are again in Bangkok and continue to demonstrate.

Shwe Hla has just recently been released from Bangkok's Central Police Hospital where he suffered from severe asthma and respiratory problems. He, reportedly, is fully recovered, but is a long term sufferer of asthma so some concern remains over his health and well-being.

6. WIN MYINT: UNHCR Non Indo-Chinese number 2093. Date of detention: 27/6/94 until the present. Reason for detention: Violating camp rules.

He has been detained for almost three years. He was arrested in the safe area for fighting with other Burmese. It is widely understood in the camp that Win Myint suffers from some psychological impairment and that he needs medical attention for as he sometimes hurts himself. He apparently sleeps mosts of the time, but then gets aggressive off and on. Burmese in the camp understand his condition and are concerned for his well-being. He is not receiving any medical attention in SDC (well- no proper medication etc- I think they give out paracetemol on a routine basis to placate medical NGO's etc. The Prison authorities want to release him and return him to the Safe area but the Camp Commander has said that he will not accept him back. Actually, the camp commander is not fully empowered to make such decisions and there is nothing that I can see in the provincial rules governing the safe area that restrict this guy from entering the Safe Area.

7. SHAR SAN OO: UNHCR Non Indo-Chinese number 4274. Date of detention: no date of arrest given on documents, entered SDC 9/2/95. Reason for detention: No camp pass.

(SHAR) has been detained almost two years. His case is a strange one. He was asked in the camp if he had left illegally (without pass) to Bangkok. He admitted to this being so and he was arrested and sent to the SDC in Bangkok directly from the Safe Area, WITHOUT being to court.

8. SAW JOSEPH: UNHCR Non Indo-Chinese number 2068. Date of detention: 2/96 until the present. Reason for detention: Violation of camp rules.

Please note that all of the above students have NI numbers and are considered persons of concern by the United Nations High Commissioner for Refugees (UNHCR). All are residents of the Burmese Students Area (Safe Area) in Ratchaburi Province. Safe Area regulations provide for imprisonment of former students for between 3 and 6 months period- not longer than this. The Thai authorities actually have no right to detain them any longer. They should release them as a matter of urgency and permitted to return to the Safe Area and resume making applications and arrangement for resettlement to a safe third country.

CONTACTS: Please send your message faxes to:

His Excellency Chuan Leekpai, Prime Minister of Thailand Fax: +662-2801443; +662-2812536; +662-2825131 Or contact your nearest Thai Embassy and convey the same message.

Protection Officer, Legal Section United Nations High Commissioner for Refugees (UNHCR) United Nations Bldg. 3 fl., Rajadamnern Rd. Bangkok, Thailand 10200 Tel: +662- 288-1234; Fax: +662- 280-0555
Send Copies TO: Justice Ministry, Rachadamnern Nai Road Pranakorn, Bangkok, Thailand 10200 fax: (+662) 221 3161

Chief Justice Judicial Building, Rajchadapisek Road Jatujak, Bangkok 10900 fax: (+662) 541 2303
Chief of Prisons Nanthaburi Road, Nonthaburi 11000, Thailand.

The Chairperson Human Rights Committee, Parliament of Thailand fax: (+662) 244 1625 and 244 1626
Diplomatic representives of Thailand accredited to your country.