Burma: Four HRDs arrested and sentenced for peaceful demonstration over deadly police crackdown at the Letpadaung copper mine
Event- Country
- Myanmar
- Initial Date
- Dec 30, 2014
- Event Description
On 30 December 2014, human rights activists Daw Naw Ohn Hla, Daw Sein Htwe, U Nay Myo Zin and Ko Tin Htut Paing were arrested for participating in a peaceful protest in front of the Chinese Embassy in Yangon, Myanmar's largest city, the day before. They were among around 100 protesters calling on the Myanmar authorities to carry out an investigation into the death of Khin Win. She was shot dead on 22 December when police opened fire on her and other protesters demonstrating against land being taken over for the Letpadaung copper mine project in Sagaing region. All four are currently detained in Insein prison, Yangon. Along with protesters Daw San San Win, Daw Mya Nyunt, and Ko Thant Zin, the four have been charged by Yangon's Dagon Township Court with protesting without permission under Article 18 of the Peaceful Assembly and Peaceful Procession Law. They have also been charged with a series of offences under the Penal Code: publishing or circulating information which may cause public fear or alarm and may incite persons to commit offences "against the State or against the public tranquility" (Section 505(b); assaulting or preventing a public servant from the discharge of his duty (Section 353); rioting (Section 147); doing obscene acts in public (Section 294); and "intimidation" (Section 506). Amnesty International believes these charges to be politically motivated and without foundation. If convicted on all counts, they each could face more than eight years' imprisonment. UPDATE: 15 May 2015 Activists Get 4-Plus Years for Embassy Protest of Letpadaung Killing Six activists who attempted to protest at the Chinese Embassy in Rangoon over a deadly police crackdown at the Letpadaung copper mine were sentenced on Friday to four years and four months in prison. Their lawyer Robert San Aung confirmed that the heavy sentences were handed down by the Dagon Township Court to three male activists-Nay Myo Zin, Tin Htut Paing and Than Swe-and three female activists-Naw Ohn Hla, Sein Htwe and San San Win, also known as Lay Lay. The sentences are the aggregate punishment for guilty verdicts on four different charges related to a demonstration on Dec. 29 in Rangoon against the Chinese firm Wanbao's copper mining project in Sagaing Division. The activists received sentences of one year for the Penal Code's Article 147, which covers rioting; one year for Article 353, pertaining to assault or use of criminal force to deter a public servant from discharging his or her duty; and two years under Article 505(b), for making statements causing undue public fear or alarm. The additional four months were tacked on for violating Article 18 of the Peaceful Assembly Law, which states that activists need government permission to hold a protest. Organizing a protest without permission can result in a maximum sentence of six months' imprisonment. Robert San Aung said the defendants would not appeal the verdict. "They don't have a desire to appeal and they don't trust in the appeals process," he told The Irrawaddy, adding that the judge's decision to mete out the maximum sentence for Article 505(b) was particularly harsh. Nearly 100 people participated in a march to the Chinese Embassy on Dec. 29. Protestors had intended to lay wreathes in front of the embassy as a tribute to Khin Win, a woman in her 50s who was shot dead by police during a protest on Dec. 22 that turned violent at Letpadaung, where the mine is deeply unpopular with locals. Police blockaded the marchers before they could reach the Chinese mission, and the two sides clashed after protesters attempted to breach the barricades. Several of the defendants, who were arrested in the days following the march, have done time previously for their activism. Naw Ohn Hla is a prominent advocate for land rights and political prisoners, and her group Democracy and Peace Women Network (DPWN) was winner of an N-Peace award last year. She was sentenced to two years in prison in 2013 for her participation in a Letpadaung mine protest, but only served four months thanks to a presidential pardon. Retired Burma Army Capt. Nay Myo Zin is also a well-known activist who has the dubious distinction of being the first dissident jailed on political charges under President Thein Sein's government. He was sentenced to 10 years in prison in 2011, but was released as part of a presidential amnesty in 2012. They are the latest to join, or return to, the growing ranks of political prisoners in Burma. The Assistance Association for Political Prisoners (AAPP), which tracks the matter, said on Tuesday that there were 157 political prisoners incarcerated in Burma, with 453 activists awaiting trial for political actions. UPDATE: 18 September 2015 Myanmar Court Slaps Additional Jail Time on Imprisoned Mine Activists A court in Myanmar on Friday imposed additional jail terms on two activists imprisoned for protesting the shooting death of an unarmed woman outside a Chinese-owned copper mine in the country's Sagaing region in December. The Kyauktada township court in Yangon handed Nay Myo Zin and Naw Ohn Hla four months each for holding an unauthorized demonstration outside of the Chinese Embassy on Dec. 29 against the police killing of villager Khin Win during a protest at the Letpadaung mine site a week earlier. The pair were convicted under Article 18 of the Act on the Right to Peaceful Assembly and Peaceful Procession-one of four charges used by Yangon's Dagon township court in May to sentence them and four other activists to four years and four months each for the December protest. Following the sentencing, retired Army-captain Nay Myo Zin told RFA's Myanmar Service that his total jail term is now five years, while Naw Ohn Hla must serve six years and five months. "I received an additional four-month jail sentences today ... and now have five years in total," he said. "Naw Ohn Hla received a four-month jail sentence for protesting against Chinese Embassy with me, as well as another four months for her[Sept. 29, 2014] protest" calling for the release of political prisoners, he said. In addition to the convictions from Kyauktada and Dagon townships, the two activists have also been sentenced by courts in Alone and Latha townships for their part in the Chinese Embassy protest. They face additional charges related to the incident in Pabedan and Lamdataw townships. In April, Naw Ohn Hla was handed a four-month sentence for her September 2014 protest calling for the release of political prisoners, while in June she was given six months for conducting a peaceful prayer vigil eight years ago for the release from house arrest of democracy icon Aung San Suu Kyi. Nay Myo Zin is facing charges under Article 18 in Mingalar Taung Nyunt township for a protest against a controversial amendment to the National Education Law in November last year. The two have been held in Yangon's Insein Prison since their arrest following the December protests calling for the closure of the Chinese Letpadaung mine venture in Sagaing's Monywa township, whose Chinese operator, Wanbao Co., residents say has orchestrated land grabs and caused environmental damage. Controversial mine The protests were sparked by the Dec. 22 police killing of Khin Win, a woman who had joined other protesters attempting to prevent Wanbao from fencing off land for the project for which villagers said they had not received adequate compensation. Authorities have yet to charge anyone in her death. Another violent showdown between villagers and police occurred in November 2012 when officers used smoke bombs containing phosphorus-a highly flammable chemical-to break up protests against the copper mine project. Dozens of anti-mine protesters, including Buddhist monks, were injured in the incident. In May, following their sentencing by the Dagon township court, Naw Ohn Hla told reporters the lengthy jail terms suggested authorities wanted to keep her, Nay Myo Zin and the other four activists Than Swe, Tin Htut Paing, Sein Htwe and San San Win locked up during national elections scheduled for Nov. 8. The Switzerland-based Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), strongly condemned the sentencing and called for their immediate and unconditional release. Saffron remembered Friday's court decision came as a group of monks and activists gathered in Yangon to mark the eighth anniversary of the failed Saffron Revolution against Myanmar's former military regime, holding a moment of silence for the more than 30 people killed during the ensuing crackdown by authorities. Following the event, participants released a statement calling on the government to hold free and fair elections in November and to release the country's remaining political prisoners-in line with the reform goals of the monks who led the democracy movement in 2007. "We demand the release of political prisoners, detained farmers and workers," said Ashin Agga, a monk who participated in Saffron Revolution and who was present at Friday's gathering. "We also call on the government to hold free and fair elections in November and to cease all fighting with armed ethnic groups," he said. According to the Thailand-based Assistance Association for Political Prisoners (Burma), there were 108 political prisoners incarcerated in Myanmar as of the end of August, with 459 activists currently awaiting trial for political actions. Expressing gratitude Min Ko Naing, a leader of the 88 Generation democracy movement, expressed gratitude to the monks who led the Saffron Revolution and praised the example they set for those seeking reform in Myanmar, which transitioned to a quasi-civilian government under President Thein Sein following elections in 2011. "We believe that you all will stand for justice together with us during important turning points in our country," he said, adding that the 88 Generation pledged to "stay close" to the Buddhist clergy amid any threats to freedom and democracy. While some say the Saffron Revolution calling for democratic reform has led to positive changes in Myanmar, others contend that the goals of the movement were never met. Many who took part in the revolution say they are still waiting for an apology from authorities for their actions against protesters during the crackdown, which also saw hundreds of monks arrested.
- Impact of Event
- 6
- Violation
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Rights Concerned
- Freedom of assembly
- Right to liberty and security
- Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 16.786068400000016
Longitude: 96.20057520000002
- Event Location
- Summary for Publications
On 30 December 2014, four HRDs- Daw Naw Ohn Hla, Daw Sein Htwe, U Nay Myo Zin and Ko Tin Htut Paing - were arrested for participating in a peaceful protest in front of the Chinese Embassy in Yangon the day before. They were among around 100 protesters calling on the Myanmar authorities to carry out an investigation into the death of Khin Win, who was shot dead 22 December when police opened fire on her and other protesters demonstrating against land being taken over for the Letpadaung copper mine project in Sagaing region. All four are detained in Insein prison, Yangon. They face a number of charges and if convicted could face up to eight years' imprisonment. UPDATE: 18/05/2015 The four Naw Ohn Hla, Sein Htwe, Nay Myo Zin and Ko Tin Htut Paing and two others, Than Swe and San San Win -also known as Lay Lay- have been handed new sentences in relation to the protest they attended outside the Chinese embassy in Yangon. They were given four years and four months for rioting, disturbing an official and sedition. The HRDs were already serving sentences for violating the Peaceful Assembly and Peaceful Processions Law.