Mizzima: 36 Burmese nationals remai

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     36 Burmese nationals remain under detention in Andamans Islands

Kolkata, April 2, 2001
Mizzima News Group (www.mizzima.com)

More than three years have passed that the investigation of the Central
Bureau of Investigation (CBI) is unable to conclude and with the
Ministry of Defence virtually refusing to cooperate, the 36 Burmese
citizens remain under illegal detention in the Andamans Islands of
India. The human rights lawyers of India are filing petitions before the
court in Port Blair this week for the immediate release of 36 Burmese
nationals. Although the light for their release remains dim, their
freedom, if it were, would expose the true story behind this
?controversial? episode.

On February 12, 1998, Major-General S.C Chopra, Additional Director
General, military operations, Ministry of Defence announced in a press
conference in New Delhi that Indian security forces had intercepted, on
11 February, a major gang of ?international gunrunners? in the Andamans
Seas and they had arrested 73 gunrunners who were supplying arms to the
North East militant groups. The authorities claimed that six persons
were killed in the encounter. The arrests and seizure of around US $ 1
million worth arms was described by the Indian armed forces as
?Operation Leech?, a joint operation of army, navy, air force and Coast
Guards.

However, the other side of story is totally different. In their letters
from the jail to outside world, the prisoners revealed that they were
Arakan and Karen ethnic people from Burma engaged in the struggle
against the Burmese military junta. According to them, the Indian army
had allowed them to operate from Landfalls Island in the Andamans. In
exchange for this facility, a colonel of the Indian army ? Lt. Col.
Grewal - had taken thousands of dollars and gold in exchange for the use
of the island but he double-crossed them and shot dead six of their
senior leaders in cold blood.

After months of detention and investigation, the CBI revealed in the
court that 37 of those held under detention were in fact fishermen and
thus they were released on 7th May 1999 and later deported to Burma.

The CBI said that it has not concluded investigation on the remaining 36
accused persons. In its appeal filed before the court in Port Blair on
17th May 2000, CBI mentioned the delay in investigation due to
non-cooperation of Indian Defence authorities.

The 36 are charged under the ordinary criminal code for waging war
against India, under the Arms and Explosive Substances Act, and under
section 3 (1) (b) of the National Security Act, 1980. The detention
under the National Security Act, 1980 was for one year and not renewed
after the one-year period completed on May 15, 1999.

Out of 36 detenus, 25 belong to National United Party of Arakan (NUPA)
and 11 are from Karen National Union (KNU), both fighting against the
Burmese junta with armed struggles.

The Chief Judicial Magistrate, Port Blair, on October 13, 1999, released
the 36 accused persons on bail when a well-known human rights lawyer Ms.
Nandita Haksar filed petition for their release.

The local Superintendent of Police, however, passed an order,
immediately re-arrested them and put them under arrest in a building in
Port Blair.

Since then, they have been held under ?illegal? detention in the
police-guarded building although the conditions of detention have
improved over the months due to interventions of their lawyers.

The 36 Burmese have approached the United Nations High Commissioner for
Refugees (UNHCR) for protection and UNHCR has agreed to consider it.

In her letter to the UNHCR in Geneva on January 15, 2001, Ms. Nandita
Haksar has mentioned that if her clients are not given the protection of
the UNHCR, they could be held indefinitely or be deported to Burma. ?All
the 36 detenus have a well-founded fear of persecution if they are
deported..?, she wrote.



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<center><b><font color="#0000FF"><font size=+2>36 Burmese nationals remain
under detention in Andamans Islands</font></font></b></center>

<p><font color="#990000"><font size=+1>Kolkata, April 2, 2001</font></font>
<br><font color="#990000"><font size=+1>Mizzima News Group (<a href="http://www.mizzima.com";>www.mizzima.com</a>)</font></font>
<p><font size=+1>More than three years have passed that the investigation
of the Central Bureau of Investigation (CBI) is unable to conclude and
with the Ministry of Defence virtually refusing to cooperate, the 36 Burmese
citizens remain under illegal detention in the Andamans Islands of India.
The human rights lawyers of India are filing petitions before the court
in Port Blair this week for the immediate release of 36 Burmese nationals.
Although the light for their release remains dim, their freedom, if it
were, would expose the true story behind this ?controversial? episode.</font>
<p><font size=+1>On February 12, 1998, Major-General S.C Chopra, Additional
Director General, military operations, Ministry of Defence announced in
a press conference in New Delhi that Indian security forces had intercepted,
on 11 February, a major gang of ?international gunrunners? in the Andamans
Seas and they had arrested 73 gunrunners who were supplying arms to the
North East militant groups. The authorities claimed that six persons were
killed in the encounter. The arrests and seizure of around US $ 1 million
worth arms was described by the Indian armed forces as ?Operation Leech?,
a joint operation of army, navy, air force and Coast Guards.</font>
<p><font size=+1>However, the other side of story is totally different.
In their letters from the jail to outside world, the prisoners revealed
that they were Arakan and Karen ethnic people from Burma engaged in the
struggle against the Burmese military junta. According to them, the Indian
army had allowed them to operate from Landfalls Island in the Andamans.
In exchange for this facility, a colonel of the Indian army ? Lt. Col.
Grewal - had taken thousands of dollars and gold in exchange for the use
of the island but he double-crossed them and shot dead six of their senior
leaders in cold blood.</font>
<p><font size=+1>After months of detention and investigation, the CBI revealed
in the court that 37 of those held under detention were in fact fishermen
and thus they were released on 7th May 1999 and later deported to Burma.</font>
<p><font size=+1>The CBI said that it has not concluded investigation on
the remaining 36 accused persons. In its appeal filed before the court
in Port Blair on 17th May 2000, CBI mentioned the delay in investigation
due to non-cooperation of Indian Defence authorities.</font>
<p><font size=+1>The 36 are charged under the ordinary criminal code for
waging war against India, under the Arms and Explosive Substances Act,
and under section 3 (1) (b) of the National Security Act, 1980. The detention
under the National Security Act, 1980 was for one year and not renewed
after the one-year period completed on May 15, 1999.</font>
<p><font size=+1>Out of 36 detenus, 25 belong to National United Party
of Arakan (NUPA) and 11 are from Karen National Union (KNU), both fighting
against the Burmese junta with armed struggles.</font>
<p><font size=+1>The Chief Judicial Magistrate, Port Blair, on October
13, 1999, released the 36 accused persons on bail when a well-known human
rights lawyer Ms. Nandita Haksar filed petition for their release.</font>
<p><font size=+1>The local Superintendent of Police, however, passed an
order, immediately re-arrested them and put them under arrest in a building
in Port Blair.</font>
<p><font size=+1>Since then, they have been held under ?illegal? detention
in the police-guarded building although the conditions of detention have
improved over the months due to interventions of their lawyers.</font>
<p><font size=+1>The 36 Burmese have approached the United Nations High
Commissioner for Refugees (UNHCR) for protection and UNHCR has agreed to
consider it.</font>
<p><font size=+1>In her letter to the UNHCR in Geneva on January 15, 2001,
Ms. Nandita Haksar has mentioned that if her clients are not given the
protection of the UNHCR, they could be held indefinitely or be deported
to Burma. ?All the 36 detenus have a well-founded fear of persecution if
they are deported..?, she wrote.</font>
<p>&nbsp;</html>

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