Dear Friends,
The Asian Human Rights Commission has received information regarding the arrest of Patrick Kum Jaa Lee for sharing a photo on Facebook. Husband of a human rights activist, Patrick has been charged with defaming the military by his photo sharing, and faces up to three years imprisonment. During Burma’s election campaign period, Patrick is the third person to be arrested over a social media post. The court rejected his bail petition during the first court hearing on October 27. Currently detained in the Insein Prison, he awaits the next hearing.
CASE NARRATIVE:
Patrick Kum Jaa Lee, husband of a high profile human rights activist, was arrested on 14 October 2015 for allegedly defaming the military through a photo shared on social media. The photo was of an unknown man stepping on a photo of Commander-in-chief of Defence Services Min Aung Hlaing, shared by Patrick on Facebook. In response, a case has been filed against him under section 66(d) of the 2013 Telecommunications Law. A conviction would result in the maximum punishment of three years imprisonment.
Plain clothes police searched Patrick’s house without any warrant and seized his laptop and phone during his arrest on October 14. They took him to Hlaing Township police station for questioning and then to Insein Prison.
According to his wife, Patrick was forced to sign a confession of which he was only shown the first page by the interrogators. His family is thus worried that he is being implicated in a fabricated case. He has been detained in a room together with more than 100. He suffers from severe asthma, which is of great concern to his family, as he has not been provided with an inhaler.
Although the Facebook photo was widely shared by other users as well, the military has selectively taken action against those involved in human rights and political activities.
Patrick was brought before the court on October 27 for the first hearing, and is currently detained in prison waiting for the next hearing as his bail petition was rejected.
ADDITIONAL INFORMATION:
Freedom of expression continues to face repression in Burma. The current restriction of internet freedom has significant negative impact on rights defenders and political activists who rely on social media, especially Facebook, to communicate with people and share information. Earlier this year, a photographer was similarly arrested for sharing information deemed insulting to the military, and detained for three days.
Opposition party campaigner Chaw Su Tun was also arrested for a Facebook post mocking the military, and is currently detained and facing trial: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-131-2015.
Another Facebook user arrested was Lu Zaw So Win. He was detained for three weeks over a fake account, but was released last week due to insufficient evidence.
SUGGESTED ACTION:
Please write a letter to the following government authorities calling for the release of Patrick Kun Jaa Lee immediately. The AHRC is writing separate letters to the UN Special Rapporteur on the situation of 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 letters, Burma is referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
BURMA/MYANMAR: Election campaign period sees third arrest over Facebook post
Name of victim: Patrick Kum Jaa Lee
Date of incident: 14 October 2015 to date
Alleged perpetrator: Lt-Col for the Burma Army
Case detail: section 66(d) of the Telecommunications Law, Hlaing Township Court, Yangon, Myanmar
I am writing to voice my deep concern regarding Patrick Kum Jaa Lee, husband of a high profile human rights activist, who was arrested on 14 October 2015 for allegedly defaming the military through a photo shared on social media. The photo was of an unknown man stepping on a photo of Commander-in-chief of Defence Services Min Aung Hlaing, shared by Patrick on Facebook. In response, a case has been filed against him under section 66(d) of the 2013 Telecommunications Law. A conviction would result in the maximum punishment of three years imprisonment.
Plain clothes police searched Patrick’s house without any warrant and seized his laptop and phone during his arrest on October 14. They took him to Hlaing Township police station for questioning and then to Insein Prison.
According to his wife, Patrick was forced to sign a confession of which he was only shown the first page by the interrogators. His family is thus worried that he is being implicated in a fabricated case. He has been detained in a room together with more than 100. He suffers from severe asthma, which is of great concern as he has not been provided with an inhaler.
I have come to know that although the Facebook photo was widely shared by other users as well, the military has selectively taken action against those involved in human rights and political activities.
Patrick was brought before the court on October 27 for the first hearing, and is currently detained in prison waiting for the next hearing as his bail petition was rejected.
As you must be aware, freedom of speech is fundamental to any democratic society. After the new government dismissed censorship in 2012, the Burmese people were determined to enjoy their freedom of expression and speech. In accordance with the government’s attempt to highlight its good governance, I urge you to ensure the release of Patrick Kum Jaa Lee immediately and provide him with the necessary medical assistance. I also urge the government to protect and promote citizens’ fundamental human rights without any interference.
Yours sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. Ko Ko
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 Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080
Fax: + 95 67 404 059
Email: scunion@mptmail.net.mm
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
Email: ago.h.o@mptmail.net.mm
5. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
6. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
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
Email: chmyanmarnhrc@gmail.com
8. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
