Nay Myo Hein who came to Canada on a container ship in December 2006 had no legal representation at both his PRRA and his equally problematic Immigration and Refugee Board (IRB) hearings. The 25 year old only obtained counsel last week and on Monday with their help applied for a stay of his deportation. He has yet to be granted a hearing for his request and could be deported without one.

The Canadian Friends of Burma is deeply concerned by Nay Myo Hein's impending deportation and fears he will be immediately jailed upon arrival in Burma because of his desertion from the Burmese military and because he participated in Burmese opposition activities in Canada. CFOB urges Public Safety Minister Peter Van Loan to immediately stay Nay Myo Hein's deportation order.

Kidnapped by Burmese Army at age of 12

In 1997 at the age of 12 Nyo Myo Hein was kidnapped while waiting for a train at the Insein railway station on the outskirts of Rangoon by agents engaged in a "recruitment" drive for the Burmese military. He was sent to the Mingaladone Solider Collection Center in Rangoon for one month where he was beaten and forced to train to become a member of Burma's notorious armed forces, the Tatmadaw.

He was then sent to the Tai Ba Ho # 6 military base. It was here that Nay Myo Hein endured regular beatings that left him with permanent scars on both his right leg and shoulder. At Tai Ba Ho, Nay Myo Hein witnessed his superiors shoot and kill two other recruits when they attempted to escape. After enduring seven months of cruel training at Tai Ba Ho, Nay Myo Hein was sent to Burmese Army Signal Division 313 (Sat Thwel Yae 313). As Nay Myo Hein tells CFOB "I never wanted to join the army, they kidnapped me and many other young men and made our lives miserable. They've ruined our country. I'm against killing and wanted to get as far away as possible from them.”

Shortly after his arrival at his Signal Division the malnourished and terrorized child fled with a fellow child soldier. Following his escape, out of fear he would be recaptured and again forced to be a soldier or worse sent to a Burmese gulag for desertion, Nay Myo Hein did not return home and maintained sparse contact with his parents. He fled to the countryside and with the help of his aunt who was a teacher Nay Myo Hein was able to finish high school and do college by correspondence course. He lived in constant fear of being recaptured by the Burmese army and was deeply scarred physiologically by what he endured. He continues to be haunted by nightmares from his time in the Tatmadaw.

Friend's Capture by Army emboldens escape from Burma

In late 2004 Nay Myo Hein received word that his friend whom he had fled the army with had been captured and sent to jail for desertion. According to Nay Myo Hein "It was after I found out that they got my friend that I decided to leave Burma, I was very afraid they would get catch me too." In 2006 with help from a cousin Nay Myo Hein was able to pay an agent to get a passport and get a place on a container ship which brought him to New Brunswick. In 2007 Nay Myo Hein received word from his mother that his brother had been detained for several days by Burmese authorities wanting to know about his whereabouts.

Fellow Burmese Army objectors verify Nay Myo Hein's testimony

CFOB has received verification that Nay Myo Hein testimony is accurate from two separate Burmese soldiers who left the Burmese army in the early 1990's. Like Nay Myo Hein they were disgusted with the brutality of the Burmese military dictatorship and were inspired by Aung San Kyi to quit the army.

At the request of CFOB both have spoken to Nay Myo Hein at length about his time spent in the Burmese army and both have confirmed to CFOB that Nay Myo Hein's description of events is consistent with what they experienced and witnessed during their own service. Furthermore Nay Myo Hein was able to provide details and information about his time at Tai Ba Ho and later the Signal Division that would be impossible to fake. One of the former soldiers who was a mid ranking commander in the army tells CFOB "I really worry for his life. He is in real danger if he is sent back to our country. The dictatorship has no respect for human life."

The other soldier tells CFOB "The moment he arrives back in Burma the government is going to want to know where he was and what he did all this time. If they figure out who he is and that he fled the Signal Division he is in serious trouble as the military takes deserters from this section very seriously because it is responsible for internal communication. At the very least he would be forced to serve in the army again which clearly he doesn't want to do, more likely however he will be sent to jail for hard labor and worked till he dies."

Burmese refugees in grave danger when returned to junta's blood stained hands

Refugees forcibly returned to Burma are often subject to cruel and inhumane treatment by the Burmese regime. This includes lengthy jail sentences, hard labour and torture. Probably the best documented case was that of a refugee from Chin State named Stanley Van Tha deported from Switzerland in April 2004 after authorities rejected his refugee claim.

Upon arrival in Burma Van Tha was immediately detained and four months later sentenced by a Burmese court to 19 years in jail.

As a judge summarized in a 2006 British deportation case Van Tha's lengthy sentence “appears to comprise firstly a seven year sentence under the Burma Emergency Act 1950, Article 5(j) in respect of which the court ruled that he acted to undermine the security of the Union and the restoration of law and order, an offence under the above provision. He had travelled illegally from Burma to Bangkok and then from Bangkok to Zurich where he had claimed asylum and used a letter of recommendation he had requested from a political activist recognised as a refugee in the United Kingdom. The reasoning for the conviction was based solely on those events and there was no finding that Mr Van Tha had engaged in political activities inside or outside Burma. Secondly, there was a further seven year sentence under Article 468 of the Penal Code on the basis of being found guilty of forging documents, since his passport included stamps which were not original, including a Burmese exit stamp and forged visa. According to the judgment the Burmese authorities keep lists of those who leave Burma on a properly issued exit stamp. Thirdly, Mr Van Tha was given a five year sentence under the Burma Immigration Act of 1947, Section 13(1) for illegal entry into the Union of Myanmar. This was despite the fact that he was in possession of a passport issued in his own name.”

See full UK ruling here
http://www.ait.gov.uk/Public/Upload/j1862/00012_ukait_2006_hm_burma_cg.doc

A much embarrassed Swiss government spent several years negotiating with the Burmese regime and eventually brought Van Tha back to Switzerland. Upon his return a deeply traumatized Van Tha recounted the horrendously violent treatment he received at the hands of the military authorities. CFOB believes that if Nay Myo Hein were sent back to Burma, he too will be subject to "illegal" entry charges because his passport and other travel documents were obtained using an agent and not in person. As a soldier facing desertion charges it would be very unlikely that the regime would be interested in releasing Nay Myo Hein were Canada to follow the Swiss and attempt to retrieve him.

What you can do to save Nay Myo Hein

Those concerned about the fate of Nay Myo Hein should immediately contact Public Safety Minister Peter Van Loan and urge him to halt Nay Myo Hein's deportation scheduled for Tuesday August 18 at 6pm in Saskatoon.

Please call, fax and email to
Peter Van Loan Parliament Hill Office
T 613-996-7752
F 613-992-8351
E

The Canadian Friends of Burma (CFOB) is federally incorporated, national non-governmental organization working for democracy and human rights in Burma since 1991. Contact: Suite 206, 145 Spruce St., Ottawa, K1R 6P1; Tel: 613.237.8056; Email: ; Web: www.cfob.org

Comments

Only registered users can write comments.
Please login or register.

Powered by AkoComment 2.0!