Burma: Attack against human rights defender U Myint Aye

Your Excellency

I am deeply concerned following reports of an attack against human rights defender U Myint Aye, Director of the human rights organisation Human Rights Defenders and Promoters (HRDP), former Chairman of the National League for Democracy's Kyimindine branch, and a campaigner for democracy and the rule of law in Burma. This attack took place in Rangoon on 27 March 2008. U Myint Aye has been detained on several occasions by the authorities, most recently on 24 August 2007 for participation in a peaceful demonstration.

On 27 March 2008 at 9.00pm, U Myint Aye was walking home when he was attacked and beaten by two unidentified persons armed with batons in Myaynigone, in the Sanchaung Township of Rangoon. He was admitted to Rangoon General Hospital where he stayed for two days due to serious head injuries. U Myint Aye has reported the assault to the township court in Sanchaung.

I believe that U Myint Aye has been targeted as a result of his human rights activities, in particular his work to uphold democracy and the rule of law in Burma. I am concerned for the physical and psychological integrity of U Myint Aye, as well as all members of the HRDP. On 17 April 2007, two other members of HRDP, Myint Naing and Maung Maung Lay were attacked by members of the junta-backed Union Solidarity and Development Association (USDA) as they were travelling with seven other human rights defenders after attending a peaceful training session on human rights education. They were both seriously injured and required hospitalisation following the attack. Myint Naing was later sentenced to eight-year imprisonment under the State Emergency Act for reporting the attack. In March 2007 members of the HRDP were detained on charges of distributing the text of the United Nations' Universal Declaration on Human Rights and cautioned that they would face reprisals should they continue with their activities.

I urge the Burmese authorities to:

1.Carry out an immediate, thorough and impartial investigation into the attack against human rights defender U Myint Aye, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

2.Guarantee the physical and psychological integrity of U Myint Aye and all members of the organisation Human Rights Defenders and Promoters (HRDP);

3.Guarantee in all circumstances that human rights defenders and human rights organisations in Burma are free to carry out their legitimate human rights activities without fear of reprisals.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw attention to Article 5 which states that “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups”, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

Yours sincerely,