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UPDATE (Burma): Human rights defender allegedly poisoned in cell 05.01.

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UPDATE (Burma): Human rights defender allegedly poisoned


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5 January 2011
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Version [RE: AHRC-UAU-044-2010: BURMA: Ailing human rights defender transferred to another
prison]
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BURMA: Human rights defender allegedly poisoned in cell

ISSUES: Right to health; military government prison condition


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Dear friends,

The Asian Human Rights Commission is deeply concerned about threats to the security
and worsening health in prison of Ma Sandar, a human rights defender who was
imprisoned on fabricated charges after an argument with doctors. According to the latest
information about her case, Ma Sandar has been sent to a remote prison after
complaining about conditions at the central prison. She has also alleged that at the
prison where she is detained in the far north of the country, she was poisoned during a
period of solitary confinement after being accused of causing disorder in the prison.

UPDATED INFORMATION:

We have mentioned in our previous appeal (AHRC-UAU-044-2010) that Ma Sandar has been
transferred to another prison without the knowledge of her relatives. The location of where she
was imprisoned was not immediately known at that time. It is learned now that she is actually
detained in Putao prison.

In a media interview, Hein Min Latt, the son-in-law of Ma Sandar said that on 15 December
2010 he paid a visit to his mother in law, who is now being held at Putao prison, which is in the
northern part of Burma. The prison is notorious for its extremely difficult conditions, especially at
this time of year when the weather is cold.

According to Hein Min Latt, Ma Sandar told him that she had been poisoned during her solitary
confinement after being accused of causing disorder in the prison. Ma Sandar reportedly told
Hein Min Latt that there was a dispute between some prisoners on December 13 during
lunchtime, but she was not involved in the quarrel. However, the prison authorities accused her
of involvement. She was accused and told to sign a confession after which she was placed in
solitary confinement. Ma Sandar went on a hunger strike but continued to drink water.
However, shortly after drinking she became sick and believes that pesticide had been added to
the water. When she realised this she tried to vomit out as much of the water as she could. Her
condition improved after she took some medicine.

In the same interview, Hein Min Latt said that all of the family members are worried about Ma
Sandar's security as well as for her life-threatening illnesses.

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UPDATE (Burma): Human rights defender allegedly poisoned in cell 05.01.11 19:10

BACKGROUND INFORMATION:

For more details and the background to Ma Sandar's case, please visit the AHRC campaign
page: http://www.humanrights.asia/campaigns/free-ma-sandar.

For more information about the current human rights situation in Burma, please see the AHRC
2010 annual report: http://www.humanrights.asia/resources/hrreport/2010/

See also the Asian Legal Resource Centre's submission to the UN Human Rights Council:
http://www.article2.org/mainfile.php/0902/

For all appeals on cases in Burma, go to the AHRC Urgent Appeals homepage and filter for
"Burma" or "Myanmar": http://www.humanrights.asia/news/urgent-appeals

SUGGESTED ACTION:

Please write to the persons listed below to call for the immediate investigation into this alleged
incident of poisoning calling for action against the perpetrator/s. Please also call for Ma Sandar
to be released from prison without delay.

Please be informed that AHRC is writing separate letter to the Special Rapporteur on human
rights defenders, on human rights in Myanmar, and to the UN regional human rights office for
Southeast Asia, calling for action on this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

Myanmar: Human rights defender allegedly poisoned in cell

Name of the victim: Ma Sandar


Alleged perpetrators: Putao prison authorities
Date of incident: 13 December 2010
Place of incident: Putao prison, Kachin State, Northern Myanmar

I am deeply worried about the security of Ma Sandar, a human rights defender being detained
in the Putao prison, Kachin State, northern Myanmar, after hearing that she believes that while
she was held in solitary confinement pesticide was added to the drinking water she was given.

According to the information that I have received, the poisoning allegedly occurred following a
dispute in the prison on 13 December 2010 in which Ma Sandar denies any involvement.
However, the prison authorities accused her of trying cause disorder in the prison and told her
to sign a confession before putting her into solitary confinement. As she was on a hunger strike
she only drank water but became sick soon after drinking. She believes that the water
contained pesticides. When she became ill she managed to vomit up much of the water and
then take some medicine.

I note that the manner in which Ma Sandar was placed in solitary confinement violates
international standards. Under the United Nations Standard Minimum Rules for the Treatment of
Prisoners, no. 31, "Corporal punishment, punishment by placing in a dark cell, and all cruel,
inhuman or degrading punishments shall be completely prohibited as punishments for
disciplinary offences."

In addition to this, I take very seriously her allegations that she was poisoned intentionally. The
atrocious conditions in Myanmar prisons are well known around the world, and other prisoners
also have alleged that they have been attacked, poisoned and otherwise maltreated while in

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UPDATE (Burma): Human rights defender allegedly poisoned in cell 05.01.11 19:10

also have alleged that they have been attacked, poisoned and otherwise maltreated while in
detention. The particularly harsh conditions of Putao Prison are also widely reported, especially
at this time of year when it is bitterly cold.

Not only is Putao Prison notorious for its conditions, it is also so far from Ma Sandar's family
that she receives family visits only once in three months, when they give packages of medicine
and supplemental food. These visits are expensive and inconvenient for her family, who fear for
Ma Sandar's health, since the climate in the north is not suitable at all for her health. She is
known to be suffering from hepatitis, arthritis of all four limbs and heart disease. All of her family
members fear that her health will deteriorate much more while she is detained in that location.

In this respect, I note that under the UN rules on prisoners, cited above, no. 25(1) is that a
"medical officer shall have the care of the physical and mental health of the prisoners and
should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his
attention is specially directed".

In the recent report of Special Rapporteur on the situation of Myanmar, he has repeatedly
reminded the government of its responsibility to ensure the protection and proper treatment and
for providing adequate food and medical care appropriate to universally accepted standards and
the principles contained in international human rights instruments.

I therefore urge the concerned authorities to investigate this incident of alleged poisoning of Ma
Sandar and to take action against anyone identified as a perpetrator. I further urge that Ma
Sandar be given proper medical treatment and be transferred back to her hometown, where she
will be able to receive the support of family and friends. Finally, above all I urge that she be
released without delay, since the case against her was unjustified and her imprisonment, along
with that of her husband, without any justification.

Yours sincerely,

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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

4. U Aye Maung
Attorney General
Office of the Attorney General

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UPDATE (Burma): Human rights defender allegedly poisoned in cell 05.01.11 19:10

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

6. U Myat Ko
Secretary of Myanmar Human Rights Group
Director-General
General Administration Department
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
E-mail: umyatko@myanmar.com.mm

7. U Kyaw Tint Swe


Representative of Myanmar to the ASEAN
Intergovernmental Commission on Human Rights
10 EAST 77th STREET
NEW YORK, N.Y.1005
U.S.A
Tel: +1 212 744 1475 / 744 1279
Fax: +1 212 744 1290
E-mail: myanmarmission@verizon.net

Thank you.

Urgent Appeals Programme


Asian Human Rights Commission (ua@ahrc.asia)

Posted on 2011-01-05
Back to [2010 Urgent Appeals]

Asian Human Rights Commission

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