Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that a man from Mandalay has been sentenced to six months in prison for attempting to join a candlelight vigil. He has been serving a prison term for participating in another peaceful protest, having been prosecuted under the Peaceful Assembly and Procession Act in both cases. Although he followed the regulation laid out in the Act, and didn’t actually get a chance to join the vigil, he has been charged for violating the law.
CASE NARRATIVE:
Mr. Thein Aung Myint has been handed a prison term for trying to participate in a peaceful protest.
Mr. Thein planned to hold a candlelight vigil on 27 October 2014, along with 20 others, in support of journalist Ko Par Gyi, who was killed in army custody on 4 October 2014. He submitted the letter to the concerned township police station on October 26 in accord with the Peaceful Assembly and Procession Act. According to the law, protesters need to inform the authorities when they hold the protest.
So, Mr. Thein followed the law. Despite this fact, and despite not being able to attend the protest because he was detained by officials, Mr. Thein has been charged, tried, and convicted for violating the Peaceful Assembly and Procession Act, and all this while being in prison serving a term for participating in a different peaceful protest.
The details after he submitted his letter are as follows.
On 27 October 2014, at around 4 p.m., the police called him for a meeting. When he reached the Police Station, the officer said the letter that he submitted was not in accordance with law.
When Mr. Thein asked which part of it wasn’t, the police officer couldn’t explain, but said he couldn’t give permission. Although the law itself states that there is no need for permission, the policeman insisted that Thein had not complied with the law. Then Thein was told to accompany the Officer to the Township Administrative Office, as the Officer, alone, couldn’t decide.
When they reached the Office at 5 p.m., there were 15 people waiting there along with the Township Administrative Officer. The Administrative Officer also said the same thing the police officer had been saying. They discussed the matter for about an hour, and the administrative officer also couldn’t explain which part of the letter was not in accord with the law. Mr. Thein requested permission to leave, as he wanted join the candlelight vigil at 6 p.m. But, they didn’t allow him to go.
Mr. Thein has said that the police officer received a phone call from the protest site at 6:30 p.m.; everyone could listen in on the call as the police officer turned on the speakerphone. It was clear the protest had already begun at the requested site.
The Police Officer and the Administrative Officer then let Mr. Thein go as per his request after the phone call. The Administrative Officer said that there was no point of discussing the matter as the candlelight vigil had already started.
Although Mr. Thein travelled to join the vigil at 7 p.m., the vigil had already ended by the time he arrived at the site. He spoke with journalists there, who asked about his absence from the protest, and he informed them that he was not allowed to participate by the Township Administrative Office.
Despite not having attended the vigil, only Mr. Thein had a case filed against him for violating the law in relation to the vigil. This case was filed under Article 18 of the Peaceful Assembly and Procession Act three days later.
In making his judgment, U Htay Aung, the Aung Myay Thar Zan Township Judge, referred to General Aung San’s national hero and martyr speeches, which is not in accordance with the law, and not becoming of a judge in a democracy.
In the last two paragraph of the judgment the honourable judge has said that the protesters held posters where it was written, “Thein Sein and Min Aung Hlaing have responsibility for Par Gyi’s death”, “We don’t want dictatorship”, and “Get out dictator”. According to the judgment, the protestors used the name Thein Sein, not Mr. President, and Min Aung Hlaing, not Commander-In-Chief of Defence Services, and that this is disrespectful to the country’s leaders. The judgment uses this to argue that it therefore can’t be assumed that the reason for the protest was only the death of journalist Par Gyi.
On 23 April 2015, Thein Aung Myint was sentenced to six months imprisonment with labour, for violating Article 18 of the Peaceful Assembly and Procession Act in Aung Myay Thar Zan Township Court, Mandalay Region.
According to Mr. Thein’s lawyer, an appeal has been filed in Mandalay District Court on 22 May 2015.
Currently, Mr. Thein, his wife, and two others are serving prison terms in Mandalay’s Obo Prison for another case where they allegedly violated Article 18 of the Peaceful Assembly and Procession Act.
Further details are provided in the sample letter below.
BACKGROUND INFORMATION:
There are a number of peaceful protesters who have been sentenced to prison this year and some are awaiting trial. The following are some of the cases documented by the Asian Human Rights Commission: AHRC-STM-058-2015, and AHRC-UAC-059-2015.
Also, there is no law in Myanmar that prevents people from calling leaders and officials by their names.
For more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma.
SUGGESTED ACTION:
Please write a letter to the following government authorities to release Thein Aung Myint as soon as possible. The AHRC is writing separate letters to the UN Special Rapporteur on human rights in Myanmar and to the UN regional office in Bangkok, calling for their interventions into this matter.
Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………,
BURMA/MYANMAR: Organizer of candlelight vigil sentenced to six months imprisonment
Names of victims: Thein Aung Myint
Date of incident: 27 October 2014
Date of judgment: 23 April 2015
Place of incident: Aung Myay Thar Zan Township, Mandalay Region, Myanmar
Case details: Case number 1246/2014, Aung Myay Thar Zan Township Court, under article 18 of the Peaceful Assembly and Procession Act
I am disappointed to hear that Mr. Thein Aung Myint has been handed a prison term for trying to participate in a peaceful protest.
According to the information that I received, Mr. Thein planned to hold a candlelight vigil on 27 October 2014, along with 20 others, in support of journalist Ko Par Gyi, who was killed in army custody on 4 October 2014. He submitted the letter to the concerned township police station on October 26 in accord with the Peaceful Assembly and Procession Act. According to the law, protesters need to inform the authorities when they hold the protest.
So, Mr. Thein followed the law. Despite this fact, and despite not being able to attend the protest because he was detained by officials, Mr. Thein has been charged, tried, and convicted for violating the Peaceful Assembly and Procession Act, and all this while being in prison serving a term for participating in a different peaceful protest.
The details after he submitted his letter are as follows.
On 27 October 2014, at around 4 p.m., the police called him for a meeting. When he reached the Police Station, the officer said the letter that he submitted was not in accordance with law.
When Mr. Thein asked which part of it wasn’t, the police officer couldn’t explain, but said he couldn’t give permission. Although the law itself states that there is no need for permission, the policeman insisted that Thein had not complied with the law. Then Thein was told to accompany the Officer to the Township Administrative Office, as the Officer, alone, couldn’t decide.
When they reached the Office at 5 p.m., there were 15 people waiting there along with the Township Administrative Officer. The Administrative Officer also said the same thing the police officer had been saying. They discussed the matter for about an hour, and the administrative officer also couldn’t explain which part of the letter was not in accord with the law. Mr. Thein requested permission to leave, as he wanted join the candlelight vigil at 6 p.m. But, they didn’t allow him to go.
Mr. Thein has said that the police officer received a phone call from the protest site at 6:30 p.m.; everyone could listen in on the call as the police officer turned on the speakerphone. It was clear the protest had already begun at the requested site.
The Police Officer and the Administrative Officer then let Mr. Thein go as per his request after the phone call. The Administrative Officer said that there was no point of discussing the matter as the candlelight vigil had already started.
Although Mr. Thein travelled to join the vigil at 7 p.m., the vigil had already ended by the time he arrived at the site. He spoke with journalists there, who asked about his absence from the protest, and he informed them that he was not allowed to participate by the Township Administrative Office.
Despite not having attended the vigil, only Mr. Thein had a case filed against him for violating the law in relation to the vigil. This case was filed under Article 18 of the Peaceful Assembly and Procession Act three days later.
In making his judgment, U Htay Aung, the Aung Myay Thar Zan Township Judge, referred to General Aung San’s national hero and martyr speeches, which is not in accordance with the law, and not becoming of a judge in a democracy.
In the last two paragraph of the judgment the honourable judge has said that the protesters held posters where it was written, “Thein Sein and Min Aung Hlaing have responsibility for Par Gyi’s death”, “We don’t want dictatorship”, and “Get out dictator”. According to the judgment, the protestors used the name Thein Sein, not Mr. President, and Min Aung Hlaing, not Commander-In-Chief of Defence Services, and that this is disrespectful to the country’s leaders. The judgment uses this to argue that it therefore can’t be assumed that the reason for the protest was only the death of journalist Par Gyi.
On 23 April 2015, Thein Aung Myint was sentenced to six months imprisonment with labour, for violating Article 18 of the Peaceful Assembly and Procession Act in Aung Myay Thar Zan Township Court, Mandalay Region.
According to Mr. Thein’s lawyer, an appeal has been filed in Mandalay District Court on 22 May 2015.
Currently, Mr. Thein, his wife, and two others are serving prison terms in Mandalay’s Obo Prison for another case where they allegedly violated Article 18 of the Peaceful Assembly and Procession Act.
However Mr. Thein followed the law and not being able to attend the protest, he has been charged, tried, and convicted for violating the Peaceful Assembly and Procession Act. Although the Constitution of the Union of Myanmar allows citizens to enjoy peaceful procession, these rights have being neglected and abused by the authorities. Therefore, I urge the government of Myanmar to release him immediately and to stop continuous prosecuting of peaceful protesters.
I look forward to your positive and effective response in this case.
Yours Sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. KoKo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079
Fax: +95 67 412 439
2. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U TunTunOo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080
Fax: + 95 67 404 059
4. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088
Fax: +95 67 404 146/ 106
5. Thura U Aung Ko
Chairman
PyithuHluttaw Judicial and Legislative Committee
PythuHluttaw Office
Naypyitaw
MYANMAR
6. U AungNyein
Chairman
PyithuHluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the AmyothaHluttaw
Naypyitaw
MYANMAR
7. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668
Fax: +95-1-659 668
8. DawAung San SuuKyi
Chairwoman
PyithuHluttaw Rule of Law and Tranquility Committee
Office of the PyithuHluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
