CHARGED OR NOT CHARGED? “Reporters informed me afterwards that I would be charged, but I didn’t hear anything about it myself from the police. There was no official announcement. I called the township police and asked if I had been charged. The officer said ‘We can’t tell you. I don’t know yet’… I am worried – I don’t know if I should go to the police station or wait for an arrest warrant.” A human rights defender and former prisoner of conscience, June 2015.75 “Activists are never sure if they have been charged or not. They get no confirmation [from the authorities]…This makes them afraid…The authorities do this to stop them from doing their activities…to scare them…to prevent them from taking part in political activities.” A former prisoner of conscience and member of the Assistance Association for Political Prisoners (Burma). 76 Amnesty International is concerned that human rights defenders and activists, in particular those who participate in peaceful protests, are sometimes not promptly and officially informed that they have been charged, or what those charges are. Several activists told Amnesty International that they had heard from media, friends or neighbours that they were facing charges, but not directly from the police or the courts.77 In some cases, police themselves appear not to know whether activists are charged. Activists remain unsure of their situation in the absence of official notification. This uncertainty may lead human rights defenders to selfcensor and be cautious when undertaking their activities. The lack of transparency also makes it difficult to assess the true scale of politically-motivated charges. As highlighted above, under international human rights law all people charged with criminal offences have the right to be promptly informed in detail of the nature and cause of the charges against them. 78 The UN Human Rights Committee, the UN body charged with overseeing the implementation of the International Covenant on Civil and Political Rights (ICCPR), has stated that information about charges should be provided in writing, and if provided orally, should be confirmed in writing.79 By not informing human rights defenders and activists of criminal charges against them, the Myanmar authorities are not only denying them this right, they are also jeopardizing their right to adequate time and facilities to prepare a defence, which is also protected under international law and is a crucial safeguard against unfair trials.80 Amnesty International interview, Yangon, June 2015. Amnesty International interview, Yangon, June 2015. 77 Amnesty International interviews, Yangon, June 2015. 78 ICCPR Article 14(3)(a). 79 UN Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, UN Doc. CCPR/C/GC/32 (2007). 80 ICCPR Article 14(3)(b). 75 76 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 28