Uwazi

Police have opened a case against four students who were arrested on October 19 after staging a protest against the government and military in the Arakan State capital Sittwe.

“Police have opened a case against them under Section 505(b) of the Penal Code for committing sedition and causing public disturbances,” said lawyer U Kyaw Nyint Maung.

Section 505(b) criminalises statements “likely to cause fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquility.” It carries with it a maximum sentence of two years in prison.

Police Major Zaw Naing of the Sittwe Township Police filed a complaint against them on Tuesday and a court hearing is scheduled for November 3.

Dozens of people joined Monday’s protest, which was organised by the Arakan Students’ Union.

Prosecuting student protesters is no way to address their grievances, said the chairman of the Sittwe University Students Union, Ko Toe Toe Aung.

“Those who are doing the prosecuting should be aware that people have voiced criticisms because they [the targets of protest] are doing wrong. If they were not doing anything wrong, we wouldn’t need to stage protests and end up in police stations and prisons,” he said.

Two of the four detained students are also facing lawsuits under the Peaceful Assembly and Procession Law for staging a demonstration against alleged human rights violations in Arakan State in early September.

Recently, two students from the All Burma Federation of Student Unions who staged an anti-war protest in Mandalay were each sentenced to a total of five years in prison and have another court hearing scheduled for October 21.

Beginning in September, more than a dozen people have seen charges brought against them under the Peaceful Assembly Law, the Natural Disaster Management Law and the Penal Code for staging demonstrations against armed conflict, human rights abuses and internet restrictions in Arakan State.

DmediaGroup

On September 11, the day after protesters distributed anti-war material in Mandalay, Chan Aye Thar-Zan Township police in Mandalay briefly detained and charged ABFSU member Myo Chit Zaw, 21, and filed charges against 12 others for failing to notify the authorities in advance of the September 10 protest. On September 13, police briefly detained and charged ABFSU Central Executive Committee members Soe Hla Naing and Kyaw Thiha Ye Kyaw on the same charges.

Fortify Rights

A former lawyer from the Arakan State capital Sittwe was charged at the township court under the Telecommunications Law’s Section 66(d), a notorious defamation provision, on October 7.

The accused, U Thar Pwint, said he had shared posts on social media about the deaths of civilians in Arakan State amid ongoing armed conflict in the region.

“I was sued without any reason. If I was sued for sharing posts, the person who put up the post should be the No. 1 accused,” said U Thar Pwint. “Secondly, I was not the only person who shared the post. If there are 20 who shared the post, all these people have to be sued. The reason for me is they don’t like me.”

Major Kyaw Zaw of a local Tatmadaw engineering unit filed the case as plaintiff under Section 66(d) of the Telecommunications Law, which threatens up to three years in prison for anyone “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.”

U Thar Pwint has been released on bail but will face his first court hearing on October 21.

Another Sittwe resident, U Soe Naing, was sued in August under 66(d) for allegedly making comments about the government on social media.

“There are things relating to the government and there are also things not relating to the government. I was not blaming the government but just commenting as a citizen on what they have said and done,” U Soe Naing said.

“Dear war victims, please honour the government for giving us a bar of soap to protect against coronavirus,” reads one of U Soe Naing’s Facebook posts. “We’d like to know whether the [Chief Minister] U Nyi Pu government, which said it has responsibility and accountability, has any plan to resign or not.”

“The government, the Tatmadaw, the leaders must bear political criticisms,” said Ma Thet Su Pyae Eain, a researcher for the freedom of expression advocacy group Athan. “We criticise the filing of lawsuits under such sections. All the cases filed against them should be withdrawn as soon as possible. Only then can we carry on with good democracy.”

In the first four years of the National League for Democracy (NLD) government’s five-year term, cases involving violations of free expression were filed against 1,051 people, according to a July report from Athan.

Charges brought under the Telecommunications Law topped the list.

DMG

The Observatory has been informed by the Myanmar Alliance for Transparency and Accountability (MATA)[1] about the arbitrary detention of Mr. Gei Om, a member of MATA who works actively on environmental protection and conservation in Chin State. Mr. Gei Om is also a member of the Chin Aung Ta Man (a youth organisation of Chin people), the Chin Civil Society Network, and the Man Eain Working Committee (a community-based organisation).

According to the information received, on July 24, 2020, Mr. Gei Om was taken into custody after a local official in Ohn Village Tract sent a letter of complaint to authorities in Mindat Township, Chin State, on July 13, 2020. The complaint alleged that Mr. Gei Om had spread false news about possible illicit activities throughout Chin villages, was involved in an illegal land dispute settlement in 2016, and had been collecting taxes from villages.

Prior to his arrest, Mr. Gei Om helped local community leaders to monitor the impact of a project of model farms to harvest oil seed plants designed by the Management Committee of Mindat Township. They found out that the local government in charge of the model farms had engaged in illegal logging and that the farms had caused environmental damage to the Natma Taung National Park. On June 1, 2020, they had sent a previous complaint to the Environmental Conservation Department (ECD) of the Ministry of Natural Resource and Environmental Conservation (MONREC), which ordered the Forest Department in Mindat Township to carry out an investigation into the matter. During a meeting with Forest Department officials and two representatives of local communities, Mr. Gei Om, who acted as a negotiator and translator from Chin to Burmese and vice versa, advised the community leaders not to sign documents, which asserted that an investigation was carried out and no wrongdoing had been found. The above-mentioned July 13 complaint letter of the Ohn Village Tract official against Mr. Gei Om was sent to the Mindat Township authorities following this meeting, and led to his arrest.

On August 7, 2020, the Deputy Police Chief charged Mr. Gei Om under Section 5 (1) (F) (G) of the Restriction of Movement and Probation of Habitual Offenders Act of 1961 for his participation in the settlement of a land dispute in 2016. The fabricated charge stemmed from his participation as a community negotiator in the resolution of a land dispute under a customary dispute resolution mechanism after the destruction of a village by a landslide in 2015. At the time, the government authorities had authorized the land dispute to be settled according to local customs but they subsequently claimed that the dispute was not settled legally and that Mr. Gei Om should therefore be charged for his involvement in it, which the authorities claimed it amounted to inciting conflict.

After charges were pressed, Mr. Gei Om was offered a conditional release provided that he would not leave Mindat Township and he would report on a bi-monthly basis to the police for six months to one year, which he refused. If found guilty, Mr. Gei Om will be prohibited from leaving his township and, if he does not comply with this measure of restriction, he could be sentenced to one year in prison. He is currently detained in Mindat Township.

The Observatory expresses its utmost concern over the arbitrary detention and judicial harassment of Mr. Gei Om, which seem to be only aimed at punishing him for his legitimate human rights work.

FIDH

The Myanmar authorities should cease responding to criticism of the government and military with arrests and prosecutions of students protesting human rights abuses, Human Rights Watch said today. They should immediately drop charges against the students and unconditionally release those in custody.

At least 20 students around the country have been charged or are facing arrest under various laws after joining protests or sticker campaigns critical of the government or military, including criticizing the mobile internet shutdown in Rakhine and Chin States, according to the All Burma Federation of Student Unions (ABFSU).

“The Myanmar government deserves a failing grade for intimidating and harassing students peacefully expressing their views,” said Linda Lakhdhir, Asia legal adviser. “Neither criticizing the government nor peacefully protesting should be a crime, and the authorities should stop treating them as such.”

On September 10, 2020, members of the student federation conducted a “sticker” campaign in solidarity with Rakhine students who had been arrested the previous day for protesting internet restrictions. The ABFSU members distributed fliers and stickers demanding that 3G and 4G data services be turned back on across eight townships in Rakhine and Chin States. The slogans included: “No bloody government. No murder army” and “Oppose murder and fascism and stand together with the Rakhine people.”

On September 12, the Special Branch unit of the police conducted a nighttime raid on the home of Paing Min Khant, a student in North Okkala, Yangon. “When the police knocked on our door, they told us that they were coming into our home to take temperature checks as part of neighborhood health checks for Covid-19,” Paing Min Khant told Human Rights Watch. “But then they came in and told us they had filed complaints against us under section 19 of the Peaceful Procession and Peaceful Assembly Law in Mayangone and Kyauktada townships [in Yangon].”

Police took him and another student, Wai Yan Phyo Moe, to the Mayangone township police station, where they were told they would face charges under the Peaceful Assembly and Peaceful Procession Law for failing to notify police when distributing anti-war fliers and stickers in downtown Yangon.

Myanmar’s Peaceful Assembly and Peaceful Procession Law requires organizers to give notice to the authorities 48 hours before holding a protest or assembly. The law carries a maximum penalty of three months in jail and a fine. Treating the distribution of stickers and flyers as an “assembly” requiring notice is a new and overly broad reading of that law, Human Rights Watch said.

The authorities also threatened Paing Yin Khant and Wai Yan Phyo Moe with possible additional charges under section 505(b) of the Penal Code, which carries a penalty of up to two years in prison and a fine.

The pair said police later took them to the Kyauktada township police station and questioned them about the whereabouts of other students before finally releasing the two around midnight. The students said the police did not immediately file charges against them but said they were conducting the investigations as part of an “open” case.

HRW | DMG

Three Arakanese student leaders detained over an anti-government protest earlier this month will be charged under the Peaceful Assembly Law in a legal change from earlier indications that they would be prosecuted using the Natural Disaster Management Law.

The three students were arrested during a demonstration on September 9 outside the Arakan State government offices, where they were demanding the restoration of internet access and an end to human rights abuses in Arakan State.

They were remanded until September 24 under Section 25 of the Natural Disaster Management Law, but the lawsuit was changed at the Sittwe Township Court on September 22 as it was determined that the legislation was not appropriate for the circumstances.

Section 19 of the Peaceful Assembly and Peaceful Procession Law covers a requirement to inform authorities in advance of a planned demonstration.

“The section under which to prosecute them was changed according to the recommendation of the legal office,” said U Kyaw Nyunt Maung, a lawyer for the students — Ko Toe Toe Aung, chair of the Sittwe University Students’ Union, and information officers Ko Kyaw Naing Htay and Ko Oo Than Naing of the Arakan Students’ Union and Sittwe University for Computer Studies respectively.

Section 19 allows for bail, and the trio were released with their trial’s first hearing scheduled for October 6.

Members of student unions in Yangon, Mandalay and Meiktila have also faced charges for protesting against human rights abuses in Arakan State. Cases have been opened against some 20 students under various legal statutes including at least one charge of incitement.

“We thank our alliance students who support us. We want to urge them to keep trying together in the future,” said Ko Kyaw Naing Htay, information officer for the Arakan Students’ Union.

DMG

The Mandalay student demonstration on September 10 protested alleged military misconduct in Arakan State. Protesters also demanded the full restoration of 4G mobile internet access in parts of Arakan and Chin states that have been deprived for more than a year.

Ko Myo Chit Zaw, from the Yadanarbon University Student Union, is being detained at the No. 6 police station in Mandalay. Charges have been brought against him under Myanmar’s Natural Disaster Management Law in addition to the Peaceful Assembly and Peaceful Procession Law, Ko Htoo Khant Thaw said.

A total of 13 students who joined the protest have had cases opened against them under Section 19 of the Peaceful Assembly Law, according to the federation.

“It is intended so that we don’t have any rights to note matters related to the military in Myanmar. So, all 13 students who participated in the protest yesterday are facing lawsuits. We don’t think it is appropriate. In fact, we noted the actual situations on the ground,” said Ko Htoo Khant Thaw.

On September 9, three students from the Arakan Student Union who staged a protest in front of the Arakan State government offices were arrested. Cases were opened against them under Section 25 of the Natural Disaster Management Law at the Sittwe Township Court on September 10.

Authorities in Myanmar’s restive Rakhine state have arrested three students from the Rakhine Student Union for ignoring a law against large gatherings during the coronavirus pandemic by participating in a protest against the Myanmar government’s 15-month internet ban on eight townships in the state.

Toe Toe Aung, Kyang Naing Htay and Oo Than Naing staged their protest Wednesday in front of the Rakhine state government office building in the state capital Sittwe, holding signs critical of the government and military. They were arrested mid-protest and were officially charged with violating the Natural Disaster Management Act Thursday evening.

According to Myanmar’s military, the government ban on internet service to townships where Myanmar forces have been fighting the rebel Arakan Army (AA) since December 2018 keeps government troop movements secret while dampening speech that incites ethnic tensions.

The policy has however hampered aid workers helping war refugees and left people uninformed about the coronavirus pandemic.

The director of a local legal support group told RFA’s Myanmar Service that charging the students out of concern for public health was disingenuous.

“It is totally irrelevant to charge these students using the Natural Disaster Management Act. They were holding a protest. They didn’t do anything else, so it is obvious the authorities are trying to indict them for protesting,” Nyein Chan of the Thazin Legal Aids group said.

“Are they going to charge other crimes like robbery or murder that occur during this pandemic under that same law? We should question them. They are manipulating the law to prosecute these students,” said Nyein Chan.

The Legal Clinic Myanmar office told RFA it would provide legal services for the arrested trio.

“These students have asked us for legal help. We are cooperating with other CSOs to give the students the help they need. Well will try to prevent them from being charged by irrelevant laws,” said Mya Thuzar, an attorney at the clinic.

“As we are now in the middle of the COVID-19 pandemic, things are so unstable. So, we will make sure they will not fall into the wrong hands,” Mya Thuzar said.

Unlawful arrests

A Sittwe University Student Union official told RFA the three students were arrested in unlawful ways.

“We are pointing out the wrongdoings of the government and military. I would like to appeal to prosecute them lawfully. They say no one is above the law, whether that is the state government or anyone else,” said the student union’s vice-chair Bhone Pyae Phyo.

“The law is the law. They should apply the law equally to everyone, so I would like to appeal to the authorities to handle the case lawfully,” said Bhone Pyae Phyo.

Aung Than Wai, a Sittwe resident, told RFA that arresting the students goes against democratic ideals.

“The ruling government said they are working to maintain the rule of law, but they always detain everyone who speaks against them. This is very undemocratic,” said Aung Than Wai.

“They always try to silence us. We all know how many townships in Rakhine state are under an internet ban and for how long. These students are just trying to highlight that. The government is always trying to control all of us. This is a clear persecution of the people,” the Sittwe resident said.

At least 289 civilians have been killed and 641 injured in Rakhine state and in Paletwa township of neighboring Chin state since hostilities between the AA and the national army escalated in December 2018, according to an RFA tally.

Students charged in Mandalay

Meanwhile, in other parts of the country, police in Mandalay charged 15 college students from the All Burma Student Union when they also staged protests demanding an end to armed conflicts and the Rakhine internet ban.

Ba Chit, a student who got charged by the authorities told RFA, “They summoned me to come for interrogations. They didn’t arrest me. They asked for the details of the protests.”

“They also asked about our activities in the past. They asked me to sign a proclamation that we wouldn’t protest again but I refused. They said I was free to go,” Ba Chit said.

Kyaw Thiha Ye Kyaw, another member of the student union in Mandalay, told RFA, “I and the other members are still in our college. I told the police I would not come.”

“If they come to take me in person, I will go with them. But I will not back down. We are protesting against the 2008 Constitution. So, we will not acknowledge any charges under the constitution,” the student said.

RFA attempted to contact the police station in Mandalay for comment but were unsuccessful.

RFA

The Myanmar Telecommunications Ministry blocked the website for activist group Justice for Myanmar on September 1 for publishing information the government has deemed as �fake news�. The International Federation of Journalists (IFJ) urges the Myanmar authorities to be more transparent on their definition of �fake news� and to ensure that they are not silencing critical voices.

Justice for Myanmar�s website was blocked on Tuesday by the country�s Telecommunications Ministry. The website was launched earlier this year by a team of human rights activists dedicated to uncovering the military�s business interests and monitoring human rights violations. The blocking of the platform is the latest in more than 200 other websites have been secretly blocked by Myanmar authorities in recent months.

Spokesman for the Ministry, Myo Swe, said �The social media monitoring team found that some websites are spreading fake news,� but did not comment on what exactly constituted false news or information.

Justice for Myanmar has conducted investigations into the government�s crackdown on Myanmar�s Rohingya Muslims in 2017, including a report about businesses that donated to the security forces for the campaign that the United Nations said was carried out with �genocidal intent�.

In a statement, representative for Justice for Myanmar Yadanar Muang said that the government�s censorship of their website �is an attempt to silence dissent and cover up the truth about the Myanmar military cartel�s corruption and international crimes.�

�We will continue speaking truth to power,� Muang added.

The recent wave of website censorships is seen as a method of silencing critics of the government and military and avoiding accountability for unlawful military campaigns.

IFJ

Two Karen men and one Burmese woman were charged Wednesday by police under the Peaceful Assembly and Peaceful Procession Law for holding an event to mark the 70th Karen Martyrs� Day in Yangon.

The death of Karen revolutionary leader Saw Ba U Gyi, who was murdered on Aug. 12, 1950, is commemorated annually as Karen Martyrs� Day. Saw Ba U Gyi founded the Karen National Union (KNU), one of Myanmar�s prominent ethnic armed groups.

On Wednesday morning, Kyauktada Township police detained two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�during a commemoration of Karen Martyrs� Day in the center of Yangon near Maha Bandula Park.

On Monday, authorities in the township denied the Karen organizers� request for permission to hold the Karen Martyrs� Day event, citing COVID-19 restrictions. Mass gatherings are banned in Myanmar under the government�s COVID-19-related restrictions.

On Wednesday, police also arrested Burmese activist Daw Sein Htwe, who attended the 70th Karen Martyrs� Day event, for allegedly absconding from a lawsuit brought against her under the Unlawful Assembly Law last year.

On Wednesday evening, the two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�were released after police opened lawsuits against them under Article 20 of the Peaceful Assembly and Peaceful Procession Law, according to Naw Ohn Hla, chair of the Karen Women�s Union (KWU).

Under Article 20, organizers of a gathering can face a maximum sentence of one month in prison and a fine of 10,000 kyats (US$7.31) for failing to properly inform township authorities about a gathering, including details on the kind of activities involved, slogans, speeches, places and times.

Police Colonel Myo Thet of the Kyauktada Police Force told The Irrawaddy on Thursday that police sued the two Karen activists for reading messages that were not mentioned in the letter about the event that they filed with authorities.

Under one of the terms of the Peaceful Assembly and Peaceful Procession Law, people who join an assembly �must not recite or shout chants other than the ones approved.�

On the same day, the Kyauktada Township Court sent Daw Sein Htwe to Insein Prison as she declined to request bail after being charged under Article 19 of the same law. Article 19 of the Peaceful Assembly and Peaceful Procession Law carries a maximum sentence of three months in jail and a 30,000 kyat fine (US$21.93) for violating any of over a dozen rules on how and when people may assemble.

This week�s arrests mirror a series of arrests that followed last year�s Karen Martyrs� Day events in Yangon, after which Sa Thein Zaw Min was sentenced to 15 days in prison.

On Oct. 12, 2019, Kyauktada police opened unlawful assembly cases against Daw Sein Htwe and two other activists�Ma Zarchi Linn of the Democracy, Peace and Women (DPW) group and Naw Larshee Htoo of the KWU�for leading a rally in solidarity with three other Karen activists who had earlier been sentenced to 15 days in jail for holding a rally on the 69th Karen Martyrs� Day in Yangon.

Karen activists Sa Thein Zaw Min, Saw Albert Cho and Daw Naw Ohn Hla, were sentenced to 15 days in prison by the Kyauktada Township Court on Oct. 2, 2019 for the 2019 Karen Martyrs� Day gathering.

Police Colonel Myo Thet said that Daw Sein Htwe was sued on Wednesday under Article 19 of the Peaceful Assembly and Peaceful Precession Law for leading the solidarity rally last year without informing the township authorities.

Irrawaddy

Myanmar police have charged six activists who participated in protests against a year-long government-ordered internet service shutdown in Myanmar�s conflict-ridden Rakhine state, accusing them of violating the country�s peaceful assembly law.

Five of the activists are from Yangon-based Athan, a freedom of expression advocacy group. They were taken into custody for denouncing the internet ban by hanging posters on an overpass in downtown Yangon on June 21, questioning whether the ban was intended to cover up possible atrocities committed by the Myanmar military in the conflict zone.

Myo Min Tun, an activist from the Ramree Township Youth Network in Rakhine state, also was charged for participating in a protest in Ramree town on the same day. A group of young people wearing T-shirts saying �Oppose Internet Oppression� demanded the restoration of internet access, according to photos the group posted on Facebook.

All six activists have been charged under Section 19 of the Peaceful Assembly and Peaceful Procession Law, which entails criminal liability for organizing or participating in an assembly for which notice has not been given to local officials.

Rights groups have criticized the statute as incompatible with democracy, saying its provisions are vaguely written and could be used arbitrarily to restrict freedom of expression. They also point to the law's inclusion of prison sentences for peaceful protests.

Ye Wai Phyo Aung, an Athan cofounder, said police informed the group that five of its members, including executive director Maung Saungkha, had been charged, but provided no details or the identities of the others arrested.

�They have filed the charges for the protests at the Sule overpass downtown,� he told RFA. �They displayed posters and banners to protest against the internet shutdown.�

Pe Than, a lawmaker from Rakhine�s Myebon township, said the internet service blackout has hurt residents. He has appealed to the government to lift the ban.

�There have been several losses for the local people in terms of education, health, and social and government administration,� he said.

�It has also intensified the spread of fake news, rights violations, and war crimes,� he added, referring to the growing state of lawlessness in the conflict zones. �The local people are paying the price.�

The internet shutdown originally was imposed in June 2019 in eight townships in Rakhine sate and in Chin state�s Paletwa township amid intensifying clashes between government forces and the rebel Arakan Army (AA). Authorities later lifted the restriction in Rakhine�s Maungdaw township.

The 18-month-long conflict that has killed 260 civilians and displaced more than 160,000 others.

The government has extended the ban until Aug. 1, saying it will lift it when the region is secure.

Myanmar military spokesman Brigadier General Zaw Min Tun said Tuesday that the internet shutdown in the remaining townships must remain in place to prevent the leakage of army information and the spread of hate speech on social media.

Rights groups and foreign diplomats in Myanmar have called on officials to reinstate the service, arguing that the cutoff has prevented civilians from accessing information about COVID-19 and from contacting humanitarian aid groups.

RFA

Six labor rights activists, including two union leaders from a factory in Yangon�s Dagon Seikkan Township, were jailed for three months on Monday for leading strikes which violated COVID-19 orders.

Since May, 2, more than 100 workers from the Blue Diamond bags factory have blocked the entrance to demand full wages during April, although operations stopped from April 19 to 30 due to government orders.

The strike was led by members of the unregistered All Burma Federation of Trade Unions (ABFTU).

Ma Thet Htar Swe of the ABFTU told The Irrawaddy that the authorities on Monday broke up the strike and arrested two leaders and four ABFTU members without holding any talks.

That evening factory union leaders Ma Zar Zar Htun and Ma Lay Lay Mar and ABFTU members Ko Kyaw Myo, Ko Myo Gyi, Ko Min Min Naing and Ko Thet Oo Maung were sentenced to three months in prison by the Dagon Seikkan Township Court under the Prevention and Control of Communicable Diseases Law, according to ABFTU.

On April 16 the government banned gatherings of five or more people under coronavirus preventative measures with the threat of up to six months in prison and fines.

Dagon Seikkan Township administrator U Zaw Naing Oo confirmed the prosecutions to The Irrawaddy.

Before the Thingyan holidays, Blue Diamond workers held strikes demanding their employer close the factory for a month with full pay to prevent the spread of COVID-19.

�There will be strikes for labor rights in the future. Our demands for rights cannot be halted by prosecutions,� said labor activists Ma Thet Htar Swe.

She said five other workers� leaders from the Rainwear House and Brightberg factories in Dagon Seikkan also were arrested last night over strikes held before Thingyan.

State Counselor Daw Aung San Suu Kyi told representatives of employers and labor unions via a video conference on April 22 that the government would take action against anyone violating COVID-19 restrictions.

Irrawaddy

Right groups have asked the Karen State government to drop charges against a Karen environmental activist over his role in a traditional prayer ceremony, saying he was acting to protect local water resources against pollution from a coal-powered cement factory.

Police attempted to arrest Saw Tha Phoe, a Karen environmentalist from the Karen Rivers Watch Network, at his home in Hpa-an Township on Saturday but he was not at home.

The police attempted the arrest after the Hpa-an General Administration Department filed a complaint against Saw Tha Phoe under Section 505 (b) of the Penal Code, which prohibits making or circulating statements that may cause public fear or alarm and incite the public to commit an offense against the state or “public tranquility.”

The government filed the complaint in connection with a traditional Karen prayer ceremony on Jan. 17, in which local residents and village monks from Hpa-an’s Myaingkalay District came together to pray for protection from pollution caused by the Myaingkalay cement factory.

Several civil society groups issued statements Monday condemning the attempted arrest of Saw Tha Phoe and the government’s actions, saying they violated the rights of citizens, human rights and democratic standards.

Sai Khur Hseng, spokesperson for the Save the Salween Network, told The Irrawaddy Tuesday that the Karen State government should drop the charges as Saw Tha Poe was acting peacefully and did not break the law.

“It was an environmental issue and he was working for everyone to be able to enjoy a clean environment. He was just trying to protect against the actions of the company, which will damage the local community’s environment,” Sai Khur Seng said.

“We strongly condemn the actions of the township General Administration Department and the Karen State Government, which severely hinders Myanmar’s peace process and steps toward federalism,” read a statement by the Save the Salween Network and Burma Rivers Network.

Ko Ye Lin Myint from the Myanmar Alliance for Transparency and Accountability (MATA) told The Irrawaddy that it was meaningless for the Karen State government to take action against Saw Tha Phoe.

“He was just praying for the environment and he did not commit any act of defamation against the government,” he said.

Karen communities in the area have called for the Karen State government to stop the Myaingkalay cement factory from using coal power as it has polluted water sources around Myaingkalay’s Nat Kone Village, in Bat Village-tract.

Right groups also questioned what type of democratic government would order the arrest of Saw Tha Phoe.

Sai Khur Hseng pointed out that the actions of the Karen State government represent the opposite of the principles of democracy, peaceful community and environmental values often discussed by State Counselor Daw Aung San Suu Kyi.

Tin Tun Aung, a Hpa-an police officer, told Radio Free Asia that he and other police went to arrest Saw Tha Phoe at his house but he was not at home. The officer said that police will continue to search for the activist.

Irrawaddy

Two journalists who were abducted and released by Border Guard Force (BGF) troops in Myawaddy Township, Karen State said they were tortured by the soldiers during interrogation.

Naw Betty Han, a reporter for Frontier Myanmar, and Mar Naw, a photojournalist for Myanmar Times, were detained in the jungle for one day and released Thursday evening. the two were covering land and development issues in Karen State.

According to Naw Betty Han, the two were walking near a bridge at Border Gate 1 in Myawaddy and taking a picture of heavy machines building a new casino when the guards of the building compound, wearing black suits and armbands with Chinese letters, detained them.

“They told us to delete the photos and later said we needed to meet a major and called a car,” she said.

The guards forced the two journalists to cover their faces with black masks and drove them to a rubber plantation. There, armed men wearing fatigues with BGF logos on their armbands sat the reporters on the ground and interrogated them.

Mar Naw said the men hit him several times and kicked his face until his nose bled while others tried to cut his long hair and another held a bayonet near the journalist’s neck.

“I apologized to them several times and asked them not to hit me but they didn’t stop. One guy held a bayonet to my neck,” said Mar Naw.

“They hit and kicked Ko Mar Naw but they didn’t hit me. But they aimed their guns at me and cocked the guns,” Naw Betty Han explained to reporters in Myawaddy after she was released on Thursday.

“The guard in plain clothes who stopped us at the construction site is the one who put us in this situation,” Mar Naw added. “We deleted the photos as [the guards] requested but they called the armed group and threatened us like this.”

After the initial interrogation, the two journalists were handcuffed and put into another car, again with black masks covering their eyes. The armed men took them and locked them in a small prison enclosure in the jungle.

Naw Betty Han said she told the men that they were journalists and called out the names of BGF majors and officials who she had previously interviewed.

“They slapped me in my face for calling out their major’s name. They said we took photos of their army outpost. We explained ourselves but they didn’t listen,” she recalled. “We were later put in a different enclosure at about 2 a.m. The next afternoon, they told us to get into the car, put the masks on and we were sent back to an office where we met with the BGF officers and were released.”

Colonel Saw Chit Thu, head of the ethnic Karen BGF, told The Irrawaddy that they are taking action against those who were involved in the incident.

“We gave no instructions to arrest or interrogate any reporters. We arrested the person who was involved in this incident, who went beyond official orders, and they will be punished. I also instructed the troops not to do this in the future,” said Col. Saw Chit Thu.

The Karen State-based BGF, formed in 2010, is a splinter group of the defunct Democratic Karen Buddhist Army and is backed by the military. The group operates businesses in the area, including casinos, and is involved in building the Chinese-backed Shwe Kokko real estate development project. Naw Betty Han has written extensively about them.

Irrawaddy

Authorities in Myanmar Monday charged nine students with violating the country’s Peaceful Assembly and Peaceful Procession Law after they staged a protest Sunday against the government’s suspension of internet services in restive Rakhine and Chin states, home to fighting between ethnic insurgents and Myanmar’s military.

The nine students organized and were part of a gathering of about 100 who demanded that the government reinstate mobile internet access in nine townships in Chin and Rakhine. Internet access was blocked in June of last year. In five of the nine townships, access was later reinstated, but then blocked again earlier this month.

Under section 19 of the Peaceful Assembly and Peaceful Procession Law, the students could face sentences of up to three months, because they did not receive prior permission to hold the protest.

Sources told RFA’s Myanmar Service that police officers in plainclothes ventured onto the campus of Yangon University to make arrests. Six of the nine students who were charged were in custody, Reuters news agency quoted a participant in the protest as saying.

One of the accused students, Myat Hein Tun, secretary of the university's Rakhine Students Union, told RFA that he disagreed with the manner in which the arrests were made.

“I think it is totally unacceptable,” Myat Hein Tun said.

“They should not make arrests on a university campus,” the student leader added.

Another student, Htoo Khant Zaw, secretary of the Federation of Myanmar Student Union, told RFA that organizers felt they did not need permission to stage their protest because under a democratic government, they have the right to peacefully protest.

“We are not allowed to express our opinions,” Htoo Khant Zaw said.

“If we had applied for permission to protest as mandated by Article 19 of the Peaceful Assembly and Peaceful Procession Law, [the authorities] would tell us what slogans we could use and which route the protesters could take, and they would tell us not to deliver long speeches, so it does not make sense,” he added.

RFA contacted the police to inquire about the arrests, but an official from Kamayut Township Police Station said the police were not at liberty to answer questions on the matter.

During a news conference on Saturday, the government justified the internet shutdown in Chin and Rakhine states, saying it was for the benefit of the country. The government also said that access would not be restored while there is armed conflict in the region.

Ye Wai Phyo Aung, founder and research manager of Athan, a youth-led free speech advocacy group, told RFA that charging students for protesting against the internet shutdown was a “double violation of human rights.”

“We have seen so many cases of the government charging people who are merely practicing the right to freedom of expression and to criticize the wrongdoing of the government.”

RFA

Five labor rights activists, including a labor activist from a US-owned garment factory, were threatened with 24 days in prison unless they paid fines of 30,000 kyats (US$21) at Yangon’s Dagon Township Court on Feb. 11 for an unlawful assembly.

The five led more than 400 factory workers from the Natural Garment Company in Shwelinban industrial zone, Hlaing Tharyar Township, to the Yangon regional government offices on Nov. 7, 2019. They called on the National League for Democracy’s regional chief minister, U Phyo Min Thein, to take action against employers who they said violated labor rights and employment contracts.

Garment factory worker leaders Ma Thandar Phyoe, Ko Kyaw Myo Htike, Ko Chit Nan Maung and Ko Pyae Sone Aung and activist Ma Moe Sandra Myint from the labor rights advocacy group Action Labor Rights, were sued by Dagon police under Section 19 of the Unlawful Assembly Act.

Several labor supporters had to help pay the court fines to avoid prison sentences for the five union representatives.

“We just went there to request government help with our labor rights violation case. But we were sentenced although we did nothing wrong. This is unfair,” activist Ma Moe Sandra Myint told The Irrawaddy on Thursday.

The case undermined trust in government as no action was taken against employers who repeatedly violated labor rights and contracts, said Ma Moe Sandra Myint.

The labor disputes began in August 2019 because staff said their salaries were cut. Around 1,500 factory workers reportedly went on strike in September.

Media reports said strikers stopped 10 Chinese technicians and two interpreters from reaching the factory in mid-September as the management called for talks.

Strikers released the factory’s technicians and interpreters after the township offered to hold negotiations.

The factory announced its closure on Nov. 7, saying that operations had been disrupted by the strike. The management said it would compensate workers for the closure. The announcement led to the November protest.

The Natural Garment management was unavailable for comment. The clothing factory closed last year only to re-open with many of its former staff. Union leaders were excluded, said Ma Moe Sandra Myint.

Irrawaddy

The Myanmar authorities should immediately and unconditionally release four activists who have been convicted and sentenced to one month in prison simply for the peaceful exercise of their rights to freedom of expression and peaceful assembly, Amnesty International, Human Rights Watch, and Civil Rights Defenders said today.

On January 17, 2020, the Myawaddy Township court in Kayin/Karen State, south eastern Myanmar, sentenced four activists – Naw Ohn Hla, Maung U, U Nge (aka) Hsan Hlaing, and Sandar Myint – to one month in prison after finding them guilty of protesting without authorization under Article 19 of the Peaceful Assembly and Peaceful Procession Law. The law officially only requires notification of a protest but in practice, authorities treat the notification requirement as a request for permission. It has frequently been used to target peaceful activists, in particular those campaigning for justice for communities affected by human rights violations and abuses.

Police charged the four activists after they participated in a peaceful demonstration organized by residents of the Shwe Mya Sandi housing project in Kayin/Karen State on April 19, 2019. Residents had been protesting against demolition of their homes in February 2019, after the government declared that the land used for the project had been acquired unlawfully and began demolishing their homes. Protest organizers Maung U, U Nge (aka) Hsan Hlaing, and Sandar Myint had notified authorities of their intention to march along the Myawaddy road. Naw Ohn Hla was not involved in organizing the protest, however she joined in a show of solidarity. All four were arrested soon afterwards and charged under Article 19 of the Peaceful Assembly and Peaceful Procession Law. The court sentenced each of them to one month in prison. They are currently detained in Hpa An prison, Kayin/Karen State.

Amnesty International, Human Rights Watch, and Civil Rights Defenders consider all four activists to be prisoners of conscience, imprisoned solely for the peaceful exercise of their rights to freedom of expression and peaceful assembly. All three organizations call on the Myanmar authorities to release them immediately and without conditions, and quash their convictions.

The rights to freedom of expression and peaceful assembly are enshrined in Articles 19 and 20 of the Universal Declaration of Human Rights (UDHR). Under international human rights law and standards, certain restrictions on the rights to freedom of expression and peaceful assembly may be imposed, but only in narrow, clearly defined circumstances. Such restrictions must be provided by law; be limited to certain specified purposes such as national security, public order or respect of the rights or reputation of others; and be necessary and proportionate to the

achievement of one of those permissible purposes. Amnesty International, Human Rights Watch, and Civil Rights Defenders are concerned about a number of laws in Myanmar – including the Peaceful Assembly and Peaceful Procession Law – which are incompatible with the rights to freedom of expression and peaceful assembly and which are used to arrest, prosecute and imprison human rights defenders and other peaceful activists. Our organizations urge the Myanmar authorities – in particular Parliament – to take immediate action to review and repeal or amend all such laws to bring them into line with international human rights law and standards.

Human rights defenders play a vital role in the protection and promotion of human rights, and it is crucial that they are able to speak out freely on human rights violations, including those committed by the military against civilians in areas of armed conflict, without fear of repercussions. Under Article 2 of the UN Declaration on Human Rights Defenders, each state has a duty to create the conditions necessary to defend human rights within their jurisdictions. Amnesty International, Human Rights Watch, and Civil Rights Defenders call on the Government of Myanmar to ensure an environment in which it is possible to defend human rights without fear of reprisal or intimidation.

HRW

A court in Tanintharyi Region issued warrants Monday for the arrest of lawyer U Kyi Myint and poet U Saw Wai for failing to appear in court for a case over their remarks on Myanmar’s constitutional amendment process.

The Myanmar military filed the case in Tanintharyi’s Kawthaung Township against three prominent political activists—U Kyi Myint, U Saw Wai and former Myanmar army captain Nay Myo Zin—for remarks they made in April about charter amendment, suing the three activists under Section 505 of the Penal Code for allegedly defaming the military and military leadership.

The Kawthaung Township Court began hearings in the case on Jan. 20 after sending summons letters to the defendants.

On Monday, only Nay Myo Zin, who is already serving a one-year prison term in Insein Prison on the same charge from another military lawsuit, appeared in court. The military’s plaintiff also did not appear in court on Monday.

Poet U Saw Wai, a former political prisoner, told The Irrawaddy on Thursday that the court’s decision to issue an arrest warrant goes beyond what is allowed under the law, as he has not received any legal summons letter from the court.

“There has never been justice and there never will be as the judiciary is in the hands of the military. That is why we talked about supporting amendments to the charter,” said U Saw Wai.

Lawyer U Kyi Myint told reporters that he did not attend the court hearing because police haven’t conducted a proper investigation into the case, as required under Criminal Procedure Code Section 202.

On Thursday, U Kyi Myint told The Irrawaddy that he had already reported to the Kawthaung Township Court and police force that, due to the warrant, he will appear in court for the next hearing, scheduled for Feb. 3.

U Saw Wai added that the defendants will hold a press conference in Yangon on Saturday.

Section 505(a) of the Penal Code carries a penalty of up to two years in prison for making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties. Anyone sued under Section 505(a) must be arrested and detained, as it is a non-bailable offense.

In November, 130 Myanmar civil society groups released a joint statement condemning the military’s attempt to prosecute the three activists and calling on the military to drop the case immediately.

Over the past four years, the military has filed 47 lawsuits against 96 people, including 51 activists, 19 individual citizens, 14 journalists, five religious representatives, four artists and three members of political parties, according to a recent report by Athan, a group advocating for the right to freedom of expression in Myanmar.

Of the military’s 47 lawsuits, most have been filed by the military as a way to take action against its critics, the report said. Athan has also called on the military to drop its lawsuits and stop suing those that criticize it.

Irrawaddy

The military has opened a case against three prominent political activists – former Myanmar army Captain Nay Myo Zin, poet Saw Wai and lawyer U Kyi Myint – for their remarks on charter amendments made in April in Kawthaung Township, Tanintharyi Region.

The Kawthaung Township Court accepted the case on Oct. 31, according to the military’s Coastal Command.

One of the accused, Nay Myo Zin, is currently serving a one-year prison term under the same charge, filed by the Tatmadaw in Yangon, for calling the Constitution undemocratic.

The three addressed a public gathering at a hall in Kawthaung in support of the Parliament’s charter amendment committee on April 3.

Colonel Thant Sin Oo from the Coastal Command told The Irrawaddy that their remarks defamed the Tatmadaw (military) and the military leadership.

“Their comments were aimed at causing misunderstanding. Therefore, we petitioned directly to the Kawthaung court and the court charged them under Article 505 [of the Penal Code] on Oct. 17,” said Col. Thant Sin Oo.

Section 505(a) of the Penal Code carries a penalty of up to two years’ imprisonment for anyone convicted of making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties. It is a non-bailable offense.

U Kyi Myint told The Irrawaddy that he was sued for mentioning amendments to the Constitution at the gathering in Kawthaung six months ago, but insisted he did not say anything to damage the Tatmadaw.

The lawyer said: “Former Captain Nay Myo Zin talked for about 75 minutes. Ko Saw Wai talked for about an hour. I only talked for 20 minutes, as I was the eldest there and I could not cope with the heat. I talked about the Constitution, nothing else.”

He added: “We had to stand and raise [issues] for our country’s sake. There was no support from another country. We cannot stay silent. If everyone is silent, our country will further deteriorate. We must speak out about what needs to be done.”

But he said he was denied the opportunity to address the Kawthaung court.

“The military applied to the court on Oct. 17 and the case was accepted yesterday [Thursday], but we did not receive a letter. We don’t know yet if the letter arrived, whether we would be arrested without bail and sent to prison. According to the procedures, we will have to travel there and face [the charges].”

The number of military attempts to sue activists, especially those supporting charter amendments, has risen since April, said Maung Saung Kha, the director of Athan, a group advocating freedom of expression. Of 30 cases, 24 were lawsuits filed directly by the Tatmadaw against 77 people. The six remaining cases were filed by other people on behalf of the Tatmadaw, he said.

Those targeted have included monks, journalists, politicians, political activists, farmers and comedians.

Military spokesman Brigadier General Zaw Min Tun said earlier that the Tatmadaw’s tolerance of criticism was not unlimited.

Irrawaddy

Kyauktada Township police have opened unlawful assembly cases against another three activists for organizing a protest at a courthouse in Yangon in support of three Karen activists who were later convicted of similar charges.

The police captain of Kyauktada Township has opened cases against Daw Sein Htwe and Ma Zarchi Linn of the Democracy, Peace and Women (DPW) group, and Naw Larshee Htoo of the Karen Women’s Union (KWU) for leading a rally in solidarity with three Karen activists who were found guilty Wednesday for holding an earlier unlawful gathering on Karen Martyrs’ Day in Yangon.

The Kyauktada police said in a summons letter that about 130 people led by Daw Sein Htwe, Ma Zarchi Linn and Naw Larshee Htoo chanted slogans at the township court as police brought three Karen activists—Daw Naw Ohn Hla, Saw Elbert Cho and Sa Thein Zaw Min —to a court hearing on their own charges of unlawful assembly. The summons letter says that Daw Sein Htwe, Ma Zarchi Linn and Naw Larshee Htoo did not ask permission to organize their demonstration.

Larshee Htoo is Karen, while Daw Sein Htwe and Ma Zarchi Linn are ethnic Burmese. The three activists who are now being sued were asked to appear at Kyauktada Police Station on Friday.

On Thursday, DPW and KWU issued a joint statement condemning the allegations, saying that they will continue to protest against the lawsuits, which they say constitute dictatorial oppression.

”People who supported those whose rights were being violated have now been [sued]. This shouldn’t be the case,” Ko Min Nay Htoo, general secretary of the DPW, told The Irrawaddy on Friday.

He added that he suspects the cases are the result of a grudge held by the authorities, because all of the accused are members of organizations founded by Naw Ohn Hla.

Ko Min Nay Htoo also said that if police arrest these three activists, all the supporters who came to the court on Sept. 27 will go to the police station to be arrested.

Naw Ohn Hla, Saw Elbert Cho and Sa Thein Zaw Min were sentenced by the Kyauktada Township Court on Wednesday to 15 days in prison. They were then released without being sent to jail again as they had already been detained for more than two weeks while they were prosecuted.

Police had filed a lawsuit against the three after they refused to comply with orders to delete the word ”martyr” from all aspects of this year’s Karen Martyrs’ Day commemoration.

Authorities banned the use of the term ”martyr” in reference to Karen revolutionary leader Saw Ba U Gyi, who was murdered on Aug. 12, 1950. His death is commemorated annually as Karen Martyrs’ Day.

This year on Aug. 12, more than 100 people, led by Naw Ohn Hla, So Elbert Cho and Sa Thein Zaw Min, participated in an event to mark the 69th anniversary of Karen Martyrs’ Day in front of City Hall in Kyauktada Township, Yangon.

Irrawaddy

Chairwoman of the Karen Women’s Union Naw Ohn Hla has been detained under unlawful assembly charges for organizing a Karen Martyrs’ Day commemoration in Yangon last month without permission.

The long-term land rights and political activist, who herself is ethnic Karen, was arrested on Monday night and brought to the police station in Kyauktada Township, Ko Min Nay Htoo of the Democracy, Peace and Women’s Organization (DPW) said. Naw Ohn Hla also chairs the DPW.

Local authorities banned the use of the term “martyr” in reference to Karen revolutionary leader Saw Ba U Gyi, who was killed on Aug. 12, 1950. His death is commemorated annually as Karen Martyrs’ Day.

The 69th memorial was held—under the banner of Karen Martyrs’ Day—in front of city hall in Kyauktada Township this year. More than 100 people attended the event.

Police from Kyauktada Township opened cases against Naw Ohn Hla and two others under Article 20 of the Peaceful Assembly and Procession Law for organizing the unauthorized event.

Ko Min Nay Htoo said the two activists will also face lawsuits when they return, as they are currently out of town.

At a court appearance on Tuesday, Naw Ohn Hla declined to request bail.

“We didn’t do anything wrong. I am not seeking bail as this is unfair. We acted in accordance with the law [by informing authorities about the event in advance],” she told reporters outside the court.

Naw Ohn Hla was sent directly to Insein Prison after the court appearance.

The offenses carry one-month prison sentences, fines or both.

Irrawaddy

A Kachin rights activist found guilty of violating the Peaceful Assembly Law received an additional sentence of three months in prison on Friday for giving a set of broken scales to a judge in Myitkyina Township Court.

Ko Paul was sentenced to 15 days imprisonment on Sept. 2 for violating Article 19 of the Peaceful Assembly Law. When the sentence was handed down, he gave Judge U Than Tun a set of broken scales to show his dissatisfaction with the sentence.

The judge responded by filing a lawsuit against Ko Paul for disturbing the duties of a civil servant and for insulting and disrespecting the court.

“I gave him broken scales to represent the collapse of the judiciary in this country. The scales of justice in this country are broken. For that, I’ve been sentenced to three months imprisonment. This shows Kachin State, the country and the world that there is no justice,” Ko Paul said after leaving the court and before he was escorted to Myitkyina Prison.

Ko Paul and fellow Kachin activist Ma Seng Nu Pan were sentenced to 15 days imprisonment by the same court on Sept. 2 for organizing a street performance on June 9 to mark the eighth anniversary of the renewal of armed conflict in Kachin State.

Ko Paul’s lawyer U Mar Kha said his client did not interrupt or insult the judge.

“Insulting the judge means swearing. Paul did not do any brutal acts against the court, such as hitting something, kicking or beating the judge. The sentence is unjust. Ko Paul simply criticized the weakness and collapse of the judiciary, he did not insult it,” said U Mar Kha. “If we can’t have the chance to criticize or tell the truth, there will be no rights and we can’t achieve democracy.”

Demands for freedom of assembly and fair trails and complaints about the government’s prosecution and imprisonment of anti-war demonstrators have been mounting in Kachin State. Hundreds of protesters gathered in the state capital on Thursday and called for fair trails for Ko Paul and Ma Seng Nu Pan. They continued the protest on Friday and have plans for one more day of protest.

Irrawaddy

Members of the Students and Youth Congress of Burma (SYCB), an umbrella group of youth organizations from across the country, joined a protest in the Kachin State capital Myitkyina on Monday to demand judicial justice and freedom of expression.

The protest—the latest to be triggered by last week’s sentencing of two young activists found guilty of violating Burma’s Peaceful Assembly and Peaceful Procession Law for staging an anti-war street performance in June—was organized by local Kachin youth groups.

Paul Lu and Seng Nu Pan, the organizers of the street performance, were both sentenced to 15 days in prison on September 2. Paul Lu later received an extra three months for handing a broken set of scales to the presiding judge in protest at the decision.

Say Pu, the secretary-2 of the SYCB, explained that his group decided to join the Myitkyina protests because it believed the sentence against the two Kachin activists violated their human rights.

“I think this sentence is unfair. [Paul Lu] even received an additional prison term. From a human rights perspective, this is unacceptable. That’s why we joined the protest to show our support,” Say Pu told NMG.

Regarding the reaction of the authorities to SYCB’s presence, Say Pu said that some members of the group had been questioned.

“They asked about our organization, our address, and so on,” he said.

The protesters, who have gathered three times in the past week, said they had four key demands—freedom of speech and expression, a fair and just legal system, understanding of the difficulties of people displaced by conflict, and an end to the civil war as soon as possible.

Twelve ethnic members of SYCB joined the protest in Myitkyina from Yangon.

“We are demanding freedom of expression because we have been denied this basic right. Youths in Yangon and Mandalay have been charged for their struggle for freedom of expression. So how can we speak about how we are suffering? How can we speak about human rights abuses?” Sut Seng Htoi, the spokesperson of the Kachin Youth Movement, said to NMG.

According to Sut Seng Htoi, the participation of SYCB members in the protest is a source of strength for Kachin youths.

“The participation of SYCB is great because these youths have had the experience of being charged by the authorities. We can work together to build a genuine federal democratic country. We can cooperate in non-violent demonstrations, which are a part of democratic culture,” Sut Seng Htoi added.

Meanwhile, the authorities have continued to press charges against activists. At a protest held last Thursday, Kachin activists N’khun La Nu and Malan Hkar Mai were charged by police for holding unauthorized placards.

Nearly 300 people, including Kachin civilians displaced by conflict, members of various Kachin youth groups and civil society organizations, local people, and SYCB members, joined the protest in Myitkyina on Monday.

BNI

Rangoon police said they filed a criminal lawsuit against the organizer of a demonstration that called for an inquiry into the killing of a journalist. Organizers of a similar protest in Mandalay could also face criminal charges. Police told The Irrawaddy that youth activist Moe Thway of Generation Wave is being charged under Article 18 of the Peaceful Assembly, which bans holding an unauthorized protest and can result in a prison terms of up to six months. "We filed a lawsuit against Moe Thway and party under Article 18, but we are still analyzing which of the protesters will be charged," an officer at Kyauktada Township Police Station said on Monday, before declining further comment. On Sunday, some 200 representatives of activists groups and civil society organizations, including the prominent 88 Generation Peace and Open Society, gathered in front of Rangoon's City Hall to demand justice in the case of the recent killing of reporter Aung Kyaw Naing. Last Friday, the Interim Myanmar Press Council said it had been notified by the Burma Army that the freelance journalist, also known as Par Gyi, had been arrested by the military in Mon State on Sept. 30, interrogated and later killed. Moe Thway said he sent a letter to Kyauktada Township Police Station on Friday asking for permission to hold the protest, but received no reply. He said he went ahead with the event as planned regardless. Moe Thway said he called Kyauktada police on Monday and learned that he had been charged. He added that he had not yet received official notification of the lawsuit. In Mandalay on Monday night, about 200 activists and demonstrators also assembled to call for justice in the case of the slain journalist. Organizers said authorities had turned down their request to hold a protest, but they had gone ahead anyway. "We informed the police about the protest on Sunday. The police gave back the letter and replied that they don't allow it at such short notice," said Thein Aung Myint, a Mandalay-based activist with the Movement for Democracy Current Forces. Thein Aung Myint said he feared that those who sent the letter and some of protestors could face criminal charges, adding that during the event police had shown up to question the demonstrators and discourage them from protesting. Moe Thway said he had noticed how Kyauktada police a week before had needed only one day to grant permission for a protest calling for fair treatment of two Burmese migrants in Thailand, who are being accused of killing two British tourists. He said he believed this indicated that police were using the Peaceful Assembly Law to thwart politically sensitive demonstrations. "They permit the protest depending on the cause of the protest. It is not good, it seems like they can do with the law whatever they want," he said.

The Irrawaddy

Crowds gathered in downtown Rangoon on Sunday the 26th October to demand a full investigation into the death of freelance reporter Aung Kyaw Naing, commonly known as Par Gyi, who was reportedly killed in custody of the Burma Army. On Friday, news emerged that the Interim Myanmar Press Council had been notified by the military that Par Gyi had been abducted in Mon State on Sept. 30, interrogated and later killed, with the army claiming that he was affiliated with a Karen rebel group. The military's statement said that on Oct. 4, Par Gyi "tried to seize a gun from a guard and run away; then he was shot dead by the guard." His body was buried and his family was not notified. Concerned citizens reacted quickly, gathering in front of Rangoon's City Hall, some carrying placards reading, "Restore justice and security for citizens" and "Stop brutality." "Ko Par Gyi is a journalist, a politician and a citizen," said Ko Ko Gyi, a prominent activist and leader of the 88 Generation Peace and Open Society movement. "His death shows that we do not have protection of the law." Ko Ko Gyi added that the statement produced by the Burma Army was sent to the Press Council nearly one month after Par Gyi's disappearance, suggesting that the government may have been concealing abuses and must provide answers to the public. "This case shows that the army is clearly abusing human rights," he said. "If they do not take action and reform, there will be a confrontation between the citizens and the army." Some protesters said that what happened to Par Gyi is not uncommon in conflict-affected ethnic areas, but that the case should be considered an alarm for citizens and an opportunity to demand justice. UPDATE 6th November: The body of a Myanmar journalist killed in military detention showed signs of trauma consistent with torture, according to a lawyer representing the reporter's widow, after it was exhumed by a forensics team Wednesday 5th November as part of an investigation into his mysterious death. Around 100 people gathered at the shallow grave site in Kyaikmayaw township in southeastern Myanmar's Mon state to witness the exhumation of freelance reporter Aung Kyaw Naing-also known as Par Gyi-including his widow Ma Thanda, political activists, lawyers and authorities. Members of the Myanmar military directed the group to the site. After the body was removed from the grave it was taken to the General Hospital in the Mon state capital Moulemein for further examination to confirm the identity and to determine the cause of death. Lawyer Robert San Aung, who is representing Ma Thanda and who was present at the exhumation, told RFA's Myanmar Service that Aung Kyaw Naing had likely died "as a result of torture" based on the appearance of his corpse. "Upon observing the body, the injuries indicate that his death was caused by excessive torture," he said. "This[conclusion] is based on my whole life of experience and on the science of criminal cases. It is also because there did not seem to be any gunshot wounds on his body." Robert San Aung rejected claims by the military that Aung Kyaw Naing had been given a proper burial after his death. "The burial site was about 800 meters (half a mile) from the village of Shwe Wa Chaung-one has to walk quite a ways to get there. It is on farmland and there are bushes around it," he said. "It is not in the village cemetery at all. That is why we reject the statement that a proper burial was given. There was no coffin or even a bamboo mat in the grave." The lawyer said that Aung Kyaw Naing's body was buried under "no more than one foot (30 centimeters) of earth" and had been interred with his clothing on. He said the body would undergo an autopsy and then be returned to Aung Kyaw Naing's home in Myanmar's commercial capital Yangon for burial with the assistance of the city's Free Funeral Services Society. A report by the Democratic Voice of Burma quoted eyewitness Nay Myo Zin from local civil society group Myanmar Social Life Development Network as saying that the corpse showed signs of a broken jaw, a caved-in skull and swelling on the torso indicating broken ribs. "It is completely clear that Ko Par Gyi was tortured," he told DVB. Aung Kyaw Naing's widow, Ma Thanda, confirmed that the body was that of her husband, the report said. Wednesday's exhumation is believed to be the first time that Myanmar's Army has ever fulfilled a request to produce the body of a civilian casualty. Aung Kyaw Naing was killed in military detention last month after documenting clashes between government forces and rebels in Mon state, according to reports. The Ministry of Defense had said that he was shot dead on Oct. 4 while trying to escape military custody in Mon state's Kyaikmaraw township, accusing him of being an information officer for a branch of the rebel Democratic Karen Benevolent Army (DKBA). The DKBA however disavowed any links with Aung Kyaw Naing, who had served as a bodyguard for opposition leader Aung San Suu Kyi in the 1980s. On Oct. 31, President Thein Sein ordered Myanmar's National Human Rights Commission to fully investigate the case after immense public outrage and calls from foreign entities. The order followed a complaint filed by Ma Thanda at the Kyaikmaraw township police station, demanding that authorities conduct an investigation into the death of her husband, and calling on the authorities to exhume the body in her presence as part of the probe. Local and International nongovernmental organizations, including Thailand-based Association for the Assistance of Political Prisoners (AAPP) and New York-based Committee to Protect Journalists (CPJ), had dismissed the Defense Ministry's statement and joined in the call for a probe into the killing. Civil society groups had also held mass protests in Yangon and in the northern city of Mandalay over the killing, demanding an immediate and independent probe. UPDATE: 12/ 05/ 2015 A military court's decision to acquit and unconditionally free two Myanmar soldiers accused of killing a freelance journalist prompted his widow and lawyer on Monday to vow to appeal the case to higher authorities, following a hearing on the case in a southeastern province. Reporter Aung Kyaw Naing-also known as Par Gyi-died in military custody last October after he was arrested while covering fighting between the government army and Karen ethnic rebels in southeastern Myanmar's Mon state. The country's Ministry of Defense said he was shot to death by government soldiers who claimed the journalist was trying to flee custody because he was an information officer with the rank of captain in the Karen armed ethnic rebel group. Doctors who performed an autopsy on his exhumed corpse last November found that five gunshot wounds, including one on Par Gyi's chin, two on his chest, and one each on his thigh and heel, caused his death, and that his corpse showed signs of torture.The Myanmar National Human Rights Commission[MHRC] conducted an investigation and recommended the case be heard in a civilian court. But the military overruled and said it would be held in a military court because Aung Kyaw Naing died during conflict. "We will let the president, commander-in-chief and people from the Myanmar National Human Rights Commission know about it," said Robert San Aung, the prosecuting lawyer representing Aung Kyaw Naing's widow Thandar, referring to the disputability of the military court's decision under the country's constitution. He made the comment to RFA's Myanmar Service during the latest hearing related to the case at Kyaikmayaw township court in Mon state. Thandar said she would send a letter to Senior General Min Aung Hlaing because the military court released the two soldiers, Lance-corporal Kyaw Kyaw Aung and Private Naing Lin Htun, accused of murdering her husband. "Although I filed a case on behalf of Par Gyi's death, I am a witness, and deputy chief of police Tin Oo of Kyaikmayaw township is a plaintiff today," she told RFA's Myanmar Service. " I have to testify about everything I have done. I have seen and heard about his case." Differences in testimony results The hearing came about after the MHRC report issued on May 8 noting differences in the results of testimony by division military headquarters and what the prosecuting attorney had.For example, when the trial of the two accused soldiers was set at a military court, the chairman of military court, Colonel Win Zaw Oo, said Par Gyi was shot by a lance corporal, said Robert San Aung. "We complained that the wound should be in the back or side if he was shot by a lance corporal, but why did he have a wound under his chin?" he said. " The military official couldn't answer our question."The trail was set after a week so that the military officials would have time to provide answers, he added."Actually, the chairman of the military court, Colonel Win Zaw Oo, should take action against these military officials according to their testimonies that day," he said. The two military officials said Aung Kyaw Naing snatched a gun from one soldier, which discharged and shot him, Robert San Aung said."Even if it is true, Par Gyi should be have been dead at that point from the bullet that went into his chin and exited his head, but he was shot with many other bullets again," he said. "It is not reasonable."The testimonies were approved by division military headquarters, but not yet by the commander-in-chief. We are going to request a new trial or that the case be handed over to a civilian court." Thandar blasted the MHRC report, saying it was neither comprehensive nor impartial, and called for a new and independent investigation into her husband's death, Democratic Voice of Burma reported.MHRC chairman Sit Myint told RFA that his organization recommended that Aung Kyaw Naing's murder be held in a civilian court according to the constitution and to ensure transparency. The commission then submitted the latest information it had on the case to the Ministry of Defense. "We examined and searched the details everything related to this case and put what we saw in our report, he said. "The military court did that case within the power and rights it has. We[the commission] can't do anything more than what we have done. I don't know what the lawmakers will do for the next step."He pointed out that the commission could not request a new trial on the case that was already made under orders from military or civilian courts."It is almost impossible that we can do something about that case," he said. UPDATE: 27/ 05/ 2015 Fifth civilian court hearing in Par Gyi case The fifth court hearing into the killing of freelance reporter Par Gyi took place at Mon State's Kyeikmayaw township court on Monday. "The court in the hearing today heard accounts from four civilian witnesses, two of whom were eye witnesses. They all testified," Ma Thandar, Par Gyi's widow, told DVB on Monday. A date was also set for the next hearing, which will take place on 1 June. Par Gyi, also known as Aung Kyaw Naing, was killed in military custody in September after being arrested by government forces while embedded with the Democratic Karen Benevolent Army. The Burmese army said he was shot while trying to escape, but the injuries discovered when his body was finally exhumed after a long campaign by his widow Ma Thandar were not concurrent with that version of events. subsequent investigation by Myanmar Human Rights Commission proposed that the case should be heard in a civilian court. However, the military overruled that recommendation, insisting it would instead be heard in a military court as the death occurred during conflict, resulting in two parallel cases. Ma Thandar said that she sent a letter of complaint to government bodies following the acquittal of two servicemen of charges relating to Par Gyi's killing by a military on earlier this month. Lance-Cpl Kyaw Kyaw Aung and Pvt. Naing Lin Htun on 8 May were released unconditionally by a martial court after being detained under Article 71 of the Military Code (court martial procedures) and Section 304 of the Penal Code (culpable homicide). Ma Thandar said she wrote to 21 different government departments, including the President's Office, the office of the commander-in-chief, and the parliamentary Rule of Law and Tranquillity Committee, led by National League for Democracy leader Aung San Suu Kyi. "I sent out a letter complaining about the army's claim that the two servicemen had been acquitted in accordance with the 2008 Constitution. I want to point out that in that case, the 2008 Constitution can only protect soldiers but not civilians. My husband was arrested in a crowded downtown area, and no legal procedures were followed throughout his interrogation. "He was not charged in accordance with the law, but the soldiers who caused his death were apparently released in accordance with the 2008 Constitution," said Ma Thandar. Previous hearings were held at the Kyeikmayaw court on 10, 23 and 30 April, and 11 May.

The Irrawaddy | Radio Free Asia | Radio Free Asia | Democratic Voice of Burma

Five staff members of the now defunct 'Bi-Mon Te Nay' weekly news journal have been found guilty of sedition charges and sentenced to two years each in prison by Rangoon's Pabedan Township Court. Kyaw Win, a defence lawyer for the five - two editors, one reporter and two publishers - said the court on Thursday the 16th October found them guilty for "defamation of the state". "They were given the maximum sentence under Article 505(b) - two years each in prison," he said. The charges were levied after 'Bi-Mon Te Nay' (literally 'Bi-Midday Sun' news journal) published a report in July repeating an activist group's claims that Burmese opposition leader Aung San Suu Kyi had teamed up with several ethnic politicians to form an interim government. Kyaw Win said the defence team had previously appealed for the five defendants to be charged under the Media Law, but the motion was denied. He said they are now preparing to appeal to a higher court. Zaw Thet Htwe, a news editor and spokesperson for Burma's Interim Press Council, said he was frustrated to hear the verdict. "The sentencing of 'Bi-Mon Te Nay' staffers indicates a lack of communication and coordination between the country's three estates, and it gives me the impression that the judicial sector is not very fond of the media," he said.

Democratic Voice of Burma

Two well-known activists have been sentenced to three months in prison for violating Burma's controversial Right to Peaceful Assembly and Peaceful Procession Act, after staging a rally without prior permission from local authorities. Win Cho and Wai Lu, who have both faced multiple charges and prison terms under the controversial statute, were convicted of organising an unlawful demonstration on 26 March 2014 against a sudden electricity price hike in Rangoon. The ruling was handed down by Rangoon's Kyauktada Township court on Monday, according to their lawyer, Robert San Aung. Win Cho, a prolific community organiser and member of the Myanmar Social Development Network, has been charged dozens of times for his role in protests over land rights, economic hardship and other causes common across Burma. Shortly after the energy price demonstration in March, Win Cho was jailed for his involvement in an unrelated protest two months earlier, when he was joined by hundreds of farmers demanding constitutional reform and the establishment of a farmers' union. He and fellow activist Nay Myo Zin were swiftly jailed, serving a total of 84 days in Insein Prison. The two were released on 25 June after serving out their full three-month sentences. Wai Lu, the other activist sentenced on Monday, was hit with an additional one-month sentence for his role in another demonstration over the eviction of central Burma's Moehti Moemi gold miners. The small-scale mine operators lost their jobs and homes when the government granted a mining concession to a major conglomerate in June 2012. After the work freeze, more than 100 displaced miners sought refuge in a nearby monastery where they faced a series of eviction threats and were subject to a early-morning raid in March at which about 50 people were arrested. Monday's sentencing was the latest in a long string of jail terms for peaceful protestors since the reform process began. The country's assembly laws have been oft-criticised for granting sweeping powers to authorities to arbitrarily detain activists. Among the most contentious edicts is part of Section 18 (often mislabelled as "Article 18?) of the Right to Peaceful Assembly and Peaceful Procession Act, as it requires the permission of local authorities for all public gatherings. Claims abound that permission is discriminately denied under the broad terms outlined in the law. Amendments made to Section 18 earlier this year have been called a "disappointment" by rights monitors, who argue that while the changes reduce sentences, the legislation still endangers the principle of freedom to assemble, which is enshrined in Article 534(b) of Burma's Constitution.

Democratic Voice of Burma

Land rights activist Sein Than was sentenced to four months in prison on Wednesday, lengthening his term to eight months following another ruling issued on Tuesday. Sein Than was convicted of violating Burma's Peaceful Assembly and Peaceful Procession Act in two separate townships for spearheading an unpermitted protest against an alleged land grab in Michaungkan, Rangoon Division. The activist's daughter, Nay Nwe, told DVB on Thursday that Rangoon's Bahan Township issued the second ruling for the same offence he had already been convicted of. Sein Than led a group of protestors to the home of opposition leader Aung San Suu Kyi to deliver documents and plead their case. "My father was charged under Article 18[the Peaceful Assembly and Peaceful Procession Act] for leading a rally in front of Daw Suu's house, where we went to hand her documents about our case and ask for her assistance," said Nay Nwe. He has faced the same charge in several other townships, including Pabedan and Latha, all pertaining to his activism surrounding the Michaungkan land-grab case. In March, Sein Than helped organise an encampment in front of Rangoon's Maha Bandoola Park, where hundreds of protestors participated in a sit-in that continued until they were forcibly removed by authorities. Periodic re-occupations have since resumed as the 24-year struggle to retrieve the disputed land continues. The protestors say they were evicted from their homes in the suburban Rangoon township in a land grab by the Burmese military in 1990. When Sein Than appeared in a Latha court on Tuesday, around 80 protestors showed up in matching t-shirts to support him. Lawyers and activists have criticised the government for allowing the trial to proceed in multiple townships for what is essentially the same charge. Robert San Aung, a well-known attorney in Burma who often defends activists, argued that the multiple trials contravene the country's penal code. "According to the Code of Criminal Procedure, Article 234, a person must undergo only one trial for three different counts of the same kind of offence if they are committed within one year," he said. "This is against the law." Aung Thein of the Myanmar Lawyers Network said that a defendant has the right to appeal to a higher court and upon doing so, can request to have the sentences combined. "The defendant faced charges by police in several townships, but he has the right to appeal to the district court to concurrently serve sentences for the same offence," said Aung Thein. Sein Than is still awaiting verdicts for similar charges in two other townships.

Democratic Voice of Burma

Over 50 journalists and their supporters have been charged for protesting illegally after they attempted to take their calls for media freedom directly to Burmese President Thein Sein. The demonstration was held on Saturday, one day after five media workers from the now shuttered Unity Weekly journal were sentenced to ten years in prison with hard labour. They were found guilty of exposing state secrets after a January report alleged the existence of a "secret chemical weapons factory" in Magwe Division. Thein Sein was due to meet reporters after discussing Burma's developing arts scene with local celebrities at the Myanmar Peace Centre (MPC) in Rangoon. Journalists covering the press conference arrived at the MPC wearing T-shirts emblazoned with the slogan, "Stop Killing Press." They were stopped from entering by police. Instead, they lined up in front of the building, laid down their cameras and taped their mouths shut in silent protest. Aung Thura, chief reporter at popular news journal 7-Day Daily, said the protest was to express their disappointment with the recent verdict concerning Unity Weekly. "We want to express our disappointment with the ten-year sentence handed to the Unity Weekly staff and with the current oppression of media freedom," he said. "In protest, we are not covering the Myanmar Peace Centre event." More than 50 participants have now been indicted for protesting without permission - a charge that Burma's authorities regularly employ to stifle rallies. Maung Maung Oo, deputy superintendent of Kamaryut Township police, confirmed the charge. "We are taking action under Article-18," the officer told DVB on Saturday. "There are about 50 reporters facing charges." Saturday's crackdown marks the largest group of people charged under the Peaceful Assembly and Peaceful Procession Act, a law enacted by Thein Sein's government. It is not the first time journalists have been slapped with the charge, as they fight for the right to report in the face of a perceived curtailing of Burma's media freedoms. Zaw Htet Htwe of the Interim Press Council, told DVB last week that the Unity verdict could be taken as an indication that all media are at risk of prosecution in Burma "at any time". "The government will not tolerate us touching upon issues about the nation, about government policy or politics," he said.

Democratic Voice of Burma | Democratic Voice of Burma

Four activists who organised a protest against sexual violence in the town of Matupi in Chin State have been charged for staging a rally without permission - Chapter Three of Burma's controversial Peaceful Assembly and Peaceful Procession Act. Women's rights activists Thang Zin and Khin Lwe Parh, and Chin Youth Organisation members Mong Han and Tate Manh, were summoned to the Matupi police station around noon on Wednesday after they had led some 200 local demonstrators through the streets the two previous days. "The women were interrogated by police who informed them of the charges and instructed them to wait for the court summons," said Mai Alli of the Chin Women's Association. "The local police chief apparently told them not to be worried - as they might be let off with just a fine." The two Chin Youth activists, Khin Lwe Parh and Thang Zin, were released on bail at around 5pm on Wednesday. Khin Lwe Parh later told DVB that she led the protest to raise awareness and call for an end to rampant abuses in the region, including domestic violence, and said she would face any charge for doing what she believes in - promoting female empowerment. "I will go to prison and take whatever punishment they give me for doing what I can for women's rights," she said. Thang Zin said she will continue to educate women so they know their rights, and to protect and defend them in cases of sexual and domestic violence. "There is a tradition in Burma that women are not allowed to talk back to their husbands, and due to a lack of rule of law, they are reluctant to make an issue of the domestic violence they suffer, which encourages the perpetrators even more," she said. "We staged the protest to raise awareness, and encourage women not to be afraid to speak out." Another group of female activists who held a similar protest in nearby Rezua sub-township concurrently with the rally in Matupi have also been summoned by police. The organisers of the two protests requested permission from local authorities and police prior to the events in accordance with the law, but their applications were rejected.

Democratic Voice of Burma