MYANMAR: ARBITRARY DETENTION OF GOVERNMENT OFFICIAL LINN HTUT

The International League Against Arbitrary Detention urges the Myanmar military to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 5/2025 concerning Linn Htut, asking the Myanmar Military to immediately and unconditionally release Linn Htut and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Linn Htut (Myanmar): Opinion No. 05/2025.

ARREST AND DETENTION OF CHIEF MINISTER OF MYANMAR

Linn Htut is a national of Myanmar, born on 20 January 1960. At the time of the arrest, Mr. Htut was serving as the democratically elected Chief Minister of Shan State (eastern Myanmar), after elections held in 2016 and 2020. He is a member of the National League for Democracy political party.

On 1 February 2021, Mr. Htut was arrested by military forces at the Shan State Governor’s residence. Around the same time, the military also arrested the President of Myanmar, the State Counsellor, and 13 other state chief ministers belonging to the National League for Democracy, all of whom were charged with corruption and, to date, remain in detention. The following day, on 2 February 2021, Mr. Htut was brought back to the Shan State Governor’s residence and placed under house arrest along with his family.

On 10 February 2021, Mr. Htut was taken by the police to a secret detention centre in the region of Taunggyi. On 16 July 2021, Mr. Htut was transferred to Nyaung Shwe State Prison and brought before a judge for the first time. He was charged under articles 55 and 63 of the Anti-Corruption Law of Myanmar for allegedly reducing the value of a tender. Hi trial started on 13 August 2021 behind closed doors. Mr. Htut was sentenced to 16 years' of prison by the temporary courthouse next to the entrance of Nyaung Shwe (Taung Lay Lone) State Prison. He appealed the decision, which was rejected.

On 15 July 2021, new charges were brought against him for alleged electoral fraud, and he was sentenced to two additional years' imprisonment on 3 August 2021. That same day, he was accused of campaigning during a silent strike day. For this third accusation, he was sentenced to two more years' imprisonment with hard labour on 29 November 2022.

In December 2022, Mr. Htut was secretly transferred to Tharyarwaddy Prison, where he remains detained to this day.

The Myanmar Military was given the opportunity to contest these allegations, which it partially did on 26 January 2025.

ARRESTED WITHOUT A WARRANT AND DETAINED WITHOUT A PROPER LEGAL BASIS

According to the source, Mr. Htut was arrested on 1 February 2021 and again on 10 February 2021, both times without an arrest warrant or information of the reasons for which he was being arrested. In its reply, the Myanmar military did not address those submissions. The Working Group recalled the necessity of presenting an arrest warrant for the arrest and detention to have a legal basis, and that no emergency-based exception was brought by the Myanmar military. Therefore, the Working Group on Arbitrary Detention considered that Mr. Htut was deprived of his liberty without a legal basis, in violation of article 9 of the Universal Declaration of Human Rights.

Furthermore, the source noted that Mr. Htut was placed under house arrest after his first arrest, before he was taken to a secret detention center in solitary confinement and held incommunicado after his second arrest. He was not brought before a judge until weeks later. Hence, the Working Group found a violation of article 9 of the Universal Declaration of Human Rights, which protects the right to take proceedings promptly before a court to challenge the legality of their detention.

Therefore, considering all the above, the Working Group found that Mr. Htut's arrest and detention lacked a legal basis, rendering his deprivation of liberty arbitrary under category I.

DETAINED FOR EXERCISING HIS RIGHTS TO FREEDOM OF OPINION AND EXPRESSION, TO PEACEFUL ASSOCIATION, TO PARTICIPATE IN PROTESTS AND IN PUBLIC AFFAIRS

The source argued that Mr. Htut’s deprivation of liberty was imposed due to his political position and association with the National League for Democracy, for the purpose of ensuring the successful execution of the military takeover and allowing the junta to seize political power in Shan State. In its reply, the Myanmar military did not address those submissions. In its previous findings, the Working Group found that the detention of the General Secretary of the National League for Democracy and of other members around her were based solely on political association and were therefore arbitrary. Noting the lack of an explanation from the Myanmar military, the Working Group considered that Mr. Htut was detained for and in violation of the right to freedom of opinion and expression protected under article 19 of the Universal Declaration of Human Rights, as well as for his peaceful association under article 20 of the Universal Declaration, his participation in protests and his efforts to take part in the government of his country, which is protected under article 21 (1) of the Universal Declaration.

Hence, the Working Group found that Mr. Htut's arrest and detention were arbitrary under category II.

DETAINED AND JUDGED WITHOUT LEGAL ASSISTANCE AND INDEPENDENT JUDGES, AND COERCED INTO A FALSE CONFESSION

Mr. Htut was denied the right to communicate with legal counsel and adequate time and facilities to prepare for his defense. As the Working Group has previously observed, all persons deprived of their liberty have the right to legal assistance by counsel of their choice at any time during their detention, including immediately after their apprehension, and such access must be provided without delay. The Myanmar military did not specify when Mr. Htut was provided with access to lawyers. Therefore, the Working Group found that the Myanmar military failed to respect Mr. Htut’s right to legal assistance, in violation of article 11 (1) of the Universal Declaration of Human Rights.

Mr. Htut was reportedly tortured and coerced into a false confession of corruption. He was also held in solitary confinement for an extended period of time, which amounted to an act of torture. Noting the lack of response from the Myanmar military regarding the allegations of torture, and the fact that the prohibition of torture is non-derogable, the Working Group found that the fairness of the proceedings was tainted by mistreatment and torture, and thus amounted to a violation of Mr. Htut’s fair trial rights under article 11 (1) of the Universal Declaration of Human Rights.

Finally, the source submitted that Mr. Htut was judged by a de facto military court. The Working Group considered that the judges overseeing his trial were not independent from the State. Therefore, it concluded that the trial of Mr. Htut violated article 10 of the Universal Declaration of Human Rights.

Considering all the above, the Working Group found that the breaches of the fair trial and due process rights of Mr. Htut were of such gravity as to give his deprivation of liberty an arbitrary character, falling within category III.

DETAINED ON A DISCRIMINATORY BASIS FOR HIS POLITICAL OPINION

According to the source, Mr. Htut was detained on a discriminatory basis, specifically for his political position as Shan State Chief Minister and his affiliation with the National League for Democracy. The Myanmar military did not address that argument. Given that the Working Group has found that the detention of the other members of the National League for Democracy was also arbitrary, the Working Group considered that his arrest was conducted on discriminatory grounds. For those reasons, the Working Group considered that Mr. Htut's deprivation of liberty constituted a violation articles 2 and 7 of the Universal Declaration of Human Rights.

Thus, the Working Group found that Mr. Htut's arrest and detention were conducted on discriminatory grounds, rendering his deprivation of liberty arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Linn Htut was arbitrary and fell under categories I, II, III and V because the deprivation of liberty of Linn Htut was in contravention of articles 2, 7, 9, 10, 11, 19, 20 and 21 of the Universal Declaration of Human Rights.

The Working Group requested the Myanmar military to take the steps necessary to remedy the situation of Linn Htut without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

The Working Group also urged the Myanmar military to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Htut and to take appropriate measures against those responsible for the violation of his rights.