BURMA: Another monk imprisoned over alleged anti-government activity 26.06.

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BURMA: Another monk imprisoned over alleged anti-

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Urgent Appeal Case: AHRC-UAC-091-2010

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23 June 2010
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Printer ISSUES: Rule of law; military government; judicial system; illegal detention
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Dear friends,

The Asian Human Rights Commission (AHRC) has obtained detailed information about
another case of a monk in Burma who has been imprisoned for alleged anti-government
activity. The authorities accused U Gawthita of travelling to Thailand unlawfully and
getting support from groups there. A court imprisoned him for seven years without
evidence. Gawthita, who was not involved in the September 2007 anti-government
protests, claims that he was obtaining support from abroad to continue relief efforts for
cyclone victims.

CASE NARRATIVE:

U Gawthita and seven other months were detained at the airport in Rangoon on their return
from Taiwan in August 2009. The authorities later released the other monks but accused
Gawthita of having met and obtained support from anti-government groups in Thailand. They
kept him at a special interrogation facility for a month before he was charged with having
allegedly gone to Thailand illegally earlier in the year to meet with and get support from anti-
government groups there.

Gawthita, who had no involvement in earlier political activism by monks in Burma, denies the
charges and according to him he was merely collecting support for relief of cyclone victims and
other humanitarian activities. Politically-active monks from Burma in Thailand have also denied
that he came to met them. Photographs that the police used in court to show that Gawthita had
gone to meet exile monks were not taken in Thailand at all but at an earlier time in Burma.

Among other so-called evidence that the police presented in court against Gawthita were trivial
sums of money in various currencies, from less than a thousand US dollars to a single
Malaysian Ringgit, and some computers and other appliances some of which had been
confiscated from other monks with whom he had been travelling.

The supposed currency offence was not only absurd because of the amounts involved but also
illegally laid because the police detained Gawthita as soon as he arrived in the airport and
before he had time to declare currency or other items in his possession in accordance with the
law. In other words, the police pre-empted the possibility of any criminal offence being
committed.

However, the closed court ignored the lack of evidence and other flaws in the case, and in
February 2010 sentenced Gawthita to seven years in jail. For further details and to call for his
release, see the sample letter below.

ADDITIONAL INFORMATION:

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BURMA: Another monk imprisoned over alleged anti-government activity 26.06.10 14:30

The AHRC has reported on other cases against monks since the 2007 September monk-led
nationwide protests against military dictatorship in Burma; see for instance the cases of U
Sandhadika (AHRC-UAC-110-2009) and U Gambira (AHRC-UA-248-2008). The Assistance
Association for Political Prisoners (Burma) also has a list of detained monks on its website:
Assistance Association for Political Prisoners ( Burma)

Recent and older urgent appeals on Burma can be accessed by going to the appeals
homepage and typing "Burma" or "Myanmar" into the search box at 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 (PDF).

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 U Gawthita. 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 Yangon rather than Rangoon.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs
on Myanmar, the UN Working Group on Arbitrary Detention and the regional human rights
office for Southeast Asia calling for interventions into this case.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Monk helping cyclone victims imprisoned

Details of accused: U Kawthita, civilian name Han Myint, residing at Leitpyagan Monastery,
Bahan Township, Yangon, Myanmar

Police officers involved:

1. Police Captain Myo Thant (prosecuting officer)
2. Inspector Khin Myint, Special Branch, Myawaddy
3. Inspector Saw Aung, Special Branch, Yangon Division
4. Inspector Kyaw Soe, Special Branch, Yangon Division
5. Inspector Htun Soe Thein

Charges & trial: Foreign Exchange Regulation Act, 1947, section 24(1); Immigration
(Emergency Provisions) Act, 1947, section 13(1); Organization Law 1988, section 7, Criminal
Case Nos. 102-104/09, Yangon Western District Court (Special Court), Deputy District Judge
(No. 3) U Tin Htut presiding, sentenced to seven years in prison on 17 February 2010

I deeply regret to learn of the case of another monk whom authorities in Myanmar have
imprisoned inexplicably, instead of lauding him for his efforts to raise funds with which to give
continued support to cyclone victims.

According to the information that I have received, U Gawthita was detained at Yangon
International Airport along with seven other monks after returning from a trip to Taiwan on 26
August 2009. The others were released but he was detained at the Aungthapyay interrogation
centre until 21 September 2009 and then charged with having allegedly gone to Thailand
illegally earlier in the year to meet with and get support from anti-government groups there.
Gawthita denies the charges and according to him he was merely collecting support for relief
of cyclone victims and other humanitarian activities.

Among the items of so-called evidence that the police presented in court against Gawthita

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BURMA: Another monk imprisoned over alleged anti-government activity 26.06.10 14:30

were trivial sums of money in various currencies (the largest, USD 994, others including 42
Hong Kong Dollars; 10,000 Indonesian Rupiah; 100 Chinese Yuan; 2 Singapore Dollars; 670
Thai Baht and a Malaysian Ringgit) and some computers and other appliances among which
the majority of items presented to the court were not owned by Gawthita but had been
confiscated from other monks with whom he had been travelling.

The supposed currency offence was not only absurd because of the amounts involved but also
illegally laid because the police detained Gawthita as soon as he arrived in the airport and
before he had time to declare currency or other items in his possession in accordance with the
law. In other words, the police pre-empted the possibility of any criminal offence being
committed.

However, the court--which held the trial inside the Insein Central Prison in contradiction of the
Judiciary Law 2000--overlooked this and other flawed aspects in the case against Gawthita,
including the lack of any firm evidence that he had received support from groups abroad for
political activities and the failure of the prosecution to call key witnesses so that they could be
cross-examined by the defence lawyer, and convicted him in all three cases to a total of seven
years in prison on 17 February 2010 on the ground that the police had presented photographs
of Gawthita with an opposition monk in exile. In fact, these photographs were not taken abroad
but in Myanmar, before the other monk had left the country, and prove nothing of the charges
against the accused.

In light of the obvious flaws in this case I urge the concerned authorities to ensure the release
of Gawthita without delay. I also 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,
in accordance with its globally recognized mandate, including to all those monks and nuns
imprisoned in the aftermath of the September 2007 protests, and to ensure that all prisoners
obtain appropriate medical treatment, have access to family members and are otherwise
treated humanely and appropriately.

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

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BURMA: Another monk imprisoned over alleged anti-government activity 26.06.10 14:30

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

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

Posted on 2010-06-23
Back to [2010 Urgent Appeals]

Asian Human Rights Commission

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