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December 17, 2014
Clinic and Partners Call on Myanmar Officials to Drop Charges against Father Complaining of Rights Violations
Posted by Matthew Bugher, Global Justice Fellow
In a letter to Myanmar’s President Thein Sein on December 8, the International Human Rights Clinic and five leading international human rights organizations called for criminal charges to be immediately and unconditionally dropped against Shayam Brang Shawng, a resident of Kachin State in northern Myanmar. Brang Shawng is accused of making “false charges” in a complaint to the Myanmar National Human Rights Commission about the alleged killing of his 14-year-old daughter, Ja Seng Ing, by Myanmar Army soldiers. A Myanmar Army officer initiated the case against Brang Shawng, and the action appears to be retaliatory in nature. The Myanmar government has not responded to a letter, reposted below, which the Clinic and its partners published today.
December 08, 2014
President Thein Sein
Nay Pyi Taw
Republic of the Union of Myanmar
Re: Prosecution of Shayam Brang Shawng
Dear President Thein Sein,
We write to you to express our concerns about the criminal prosecution of Shayam Brang Shawng (hereinafter Brang Shawng), an ethnic Kachin resident of Sut Ngai Yang village, Hpakant Township, Kachin State, who has been charged under Article 211 of the Myanmar Penal Code.
Brang Shawng is accused of making “false charges” against the Myanmar Army in a letter he sent to the Myanmar National Human Rights Commission (MNHRC) on October 1, 2012. In the letter, Brang Shawng alleged that Myanmar Army soldiers from Infantry Battalion (IB) 389 shot and killed his 14-year-old daughter, Ja Seng Ing, in Sut Ngai Yang village on September 13, 2012.
The criminal prosecution of Brang Shawng appears to be in retaliation for the complaint to the MNHRC and runs contrary to Myanmar’s obligations under domestic and international law. The case also calls into question the ability of the MNHRC and other state institutions to protect persons filing complaints with the commission. We therefore request that you take action to ensure that the charges against Brang Shawng are immediately and unconditionally dropped and that similar cases do not occur in the future.
Death of Ja Seng Ing and prosecution of Brang Shawng
On December 6, 2014, the Truth Finding Committee of Ja Seng Ing’s Death (the Committee)—an independent group of ten civil society organizations from Kachin State—published a 42-page report concerning the death of Ja Seng Ing. The Committee conducted interviews with 16 individuals who had knowledge relevant to Ja Seng Ing’s death. The report includes numerous accounts indicating that Myanmar Army soldiers shot and killed Ja Seng Ing in Sut Ngai Yang village on September 13, 2012.
December 17, 2014
Posted by Fernando Ribeiro Delgado
For decades, human rights advocates have sought an end to the humiliating state practice of strip searching prison visitors in Pernambuco, Brazil, the state housing the notorious Aníbal Bruno Prison Complex. Yesterday, responding to the Aníbal order of the Inter-American Court of Human Rights and to a growing national movement against the degrading searches, the Secretariat of Development and Human Rights at last banned the procedures through Administrative Order 258/2014. The order classifies as “humiliating, inhuman or degrading,” all searches that involve “total or partial nudity; any conduct that entails the introduction of objects into the bodily cavities of the persons searches; the use of dogs or sniffer animals, even if they are trained for that end;” and/or “manual contact with the intimate parts of the person being searched.”
The prohibition should benefit an estimated 30,000 families, applying to all detention centers in the state. Until recently, Pernambuco subjected nearly all prison visitors—often including children, elderly persons, and persons with disabilities—to invasive, degrading searches involving nudity and manual inspection of intimate body parts. Women and girls were most frequently subjected to the practice.
The ban is a milestone in decades of local struggle by the Serviço Ecumênico de Militância nas Prisões (Ecumenical Service of Advocacy in Prisons) and the Pastoral Carcerária (Catholic Prison Ministry), among others. The civil society coalition which successfully sought an Inter-American Court order (para. 20) prohibiting humiliating searches includes those two groups as well as Justiça Global (Global Justice) and the International Human Rights Clinic at Harvard Law School.
A judge in Recife, Pernambuco, had issued a temporary ban on humiliating searches in Greater Recife this past April, two months after the civil society coalition sought the inter-American order. Yesterday’s prohibition on humiliating searches is more expansive, containing no temporal limit and applying to all Pernambuco prisons. It provides for searches to be done “preserving the honor and dignity of the human person,” and calls for the use of metal detectors and other measures to replace the old procedures. According to 2012 data from São Paulo, only 0.02% of 3.5 million humiliating searches yielded drugs or cell phones.
In September 2014, a resolution of the National Council on Crime and Penitentiary Policy recommended a ban on humiliating searches across Brazil. However, Bill 7764/2014, abolishing humiliating searches of prison visitors nationwide, is still pending in Congress.
December 10, 2014
On Human Rights Day, Urgent Need to Promote Economic, Social, and Cultural Rights in Zimbabwe
Zimbabwe’s 2013 Constitution Presents Opportunities and Challenges
10 December 2014, Harare, Zimbabwe—Zimbabwe’s Constitution offers new opportunities to promote the economic, social, and cultural rights (ESCR) of all Zimbabweans, said Zimbabwe Lawyers for Human Rights (ZLHR) and the Harvard Law School International Human Rights Clinic (the Clinic) today.
ESCR are a fundamental component of international human rights law, and essential to the economic and political development of a nation. As a briefing paper released today by ZLHR and the Clinic explains, inclusion of some such rights—the rights to work, food, housing, the highest attainable standard of health, education, and culture—in the 2013 Constitution represents a major milestone in Zimbabwe’s history, and offers a source of hope for the country’s population.
“Economic, social, and cultural rights are indispensable to our families, our communities, and our political system,” said Irene Petras, Executive Director of ZLHR. “For the first time, the 2013 Constitution provides us with a legal framework to fight for the realisation of rights, thereby promoting the wellbeing of all Zimbabweans.”
December 5, 2014
Earlier this week, prosecutors took the extraordinary step of filing for judicial measures to decarcerate, reduce overcrowding, and ensure adequate healthcare at the notorious Aníbal Bruno (Curado) Prison Complex in Recife, Pernambuco, Brazil. The request for interdição parcial (partial interdiction) of the pre-trial center cites Inter-American Commission and Court of Human Rights precautionary and provisional measures, respectively, as key motivators. The civil society coalition responsible for seeking and litigating these inter-American protective measures since 2011 is comprised of the Pastoral Carcerária (Catholic Prison Ministry), the Serviço Ecumênico de Militância nas Prisões (Ecumenical Service of Advocacy in Prisons), Justiça Global (Global Justice), and the International Human Rights Clinic at Harvard Law School.
Aníbal Bruno is one of the largest prisons in Latin America, and among the most abusive; it detains nearly 7,000 men in space officially designated for roughly 2,000. According to the prosecutors, “[t]he situation of overpopulation and overcrowding [at Aníbal Bruno Prison] runs counter to the model contemplated in the American Convention on Human Rights (Pact of San José, Costa Rica) adopted 11/22/1969 and which Brazil ratified by means of Decree n. 678, with force of law in our State since 11/25/1992.”
Prosecutors requested 11 measures. Among them are limits on new entries to Aníbal Bruno Prison and transfers of qualifying prisoners out to halfway detention facilities (regime semiaberto), house arrest, or electronic monitoring. Prosecutors further asked for a daily computerized accounting of healthcare needs and treatment dates, as well as judicial review of any inability to schedule or receive medical attention. The filing also requests monthly monitoring meetings involving a host of institutions.
“We welcome the partial interdiction request as an important step in the right direction, though it falls well short of what is required, given that Aníbal Bruno Prison is fully, not partially, unfit for human habitation,” said Clinical Instructor Fernando Ribeiro Delgado.
The Pernambuco Prosecutor’s Office (Ministério Público) previously relied on the work of the civil society coalition in a 2012 inquiry into abuse at the prison. The Office noted then that, “if it were not for the courage and determination of [coalition] members, nothing that was here collected, such as hard-hitting evidence of practices of torture and ill-treatment, whether physical or psychological, would exist.”
Judge Luiz Gomes da Rocha Neto, responsible for evaluating the partial interdiction request, said he would make a statement in response today.
UPDATE: The judge confirmed receipt of the filing on December 5 and stated that the government would be given a short window to reply before he makes his decision. He also announced a future judicial inspection of Aníbal Bruno in light of the prosecutors’ request.
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