Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding poet Maung Saung Kha being arrested and charged for allegedly defaming outgoing President Thein Sein, in a poem the poet posted on social media. He was arrested by in a court compound by policemen, who were wearing civilian clothes. Ever since, i.e. for the past six months, he has been detained in prison, where he awaits trail. The court will decide whether or not to proceed in the case in early May 2016.
CASE NARRATIVE:
Sithu Aung, a poet mostly known by his pen name Maung Saung Kha, has been arrested over a poem, which allegedly insults the President. Maung Suang Kha posted a poem on Facebook. The poem includes a line, which, when literally translated, reads: “I have the President’s portrait tattooed on my penis / How disgusted my wife is”. The phrase was noticed by Director Zaw Htay of President Thein Sein’s Office and the Director posted on social media saying Maung Saung Kha should be prepared to take responsibility for what he has done.
Police Major Thein Win subsequently filed a case against Maung Saung Kha on 9 October 2015, under Section 66 (d) of the Telecommunication Law. The case is lodged in Shwe Pyi Thar Township Court and the Court has issued an arrest warrant.
Maung San Kha managed to escape and went on hiding for a few days. But he was re-arrested on 5 November 2015 by police personnel, who were wearing civilian clothes. The arrest was made inside a court compound, where Maung San Kha was attending the trial of student activists who were arrested for protesting against the controversial education law. The police dragged Maung San Kha into an unmarked vehicle and took him to Shwe Pyi Thar.
If the accused is charged under the Section 66 (d) of the Telecommunication Law, which carries a maximum of three years imprisonment, there needs to be someone who is affected by the defamation. However, in the poem, the accused didn’t mention any name or country but just stated the President. Although his poem didn’t mention the name of any President, the Police Major put “our country” and “its President” in addition to the poem, in the complaint letter to the Court. The advocate to the defendant countersued the plaintiff Police Major regarding his complaint letter, which is not in accordance with law; but the court dismissed the lawsuit against the police.
It must be noted that in Burma, there are many places and shops that have been named “President”, including the famous President Cinema in Yangon. Also, the Court charged Maung San Kha an additional count, under Section 505 (b) of the Penal Code, i.e. intent to cause fear or alarm to the public, or induce to commit an offence against the State. This charge was added on 17 December 2015 but was dismissed later.
The plaintiff has the duty to prove in Court whether or not the accused has committed the offence, but the Asian Human Rights Commission has learned that according to the prosecution witnesses and evidences to the court, there is no concrete evidence to show that the accused is defaming anyone. However, it is the judge who will determine whether or not to arraign Maung Saung Kha in the upcoming hearing, on 3 May 2016.
The accused has been detained in prison for nearly six months.
ADDITIONAL INFORMATION:
Patrick Khum Jaa Lee, husband of a prominent activist, and Chaw Sandi Tun, NLD party campaigner, were arrested before the 2015 historic election and had been sentenced to six months imprisonment under the Section 66 (d) of the Telecommunication Law, for allegedly defaming the Military over posts they shared on Facebook. Denial of freedom of expression has continued to be oppressive under the quasi-civilian government, and many have been charged over their social media posts.
SUGGESTED ACTION:
Please write a letter to the following government authorities calling for the release of Maung Saung Kha immediately, and dismissal of the case. 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: Poet suffers detention and prosecution for allegedly defaming President
Name of victim: Sithu Aung also known as Maung Saung Kha
Names of alleged perpetrator: Police Major Thein Win
Date of arrested: 5 November 2015
Case Details: Case No 1270/2015, Section 66 (d) of the Telecommunication Law, Shwe Pyi Thar Township Court, Yangon Region, Myanmar
I am writing to voice my deep concern regarding on a poet detained nearly six months in prison where he awaits trial. Sithu Aung, a poet mostly known by his pen name Maung Saung Kha, has been arrested over a poem, which allegedly insults the President. Maung Suang Kha posted a poem on Facebook. The poem includes a line, which, when literally translated, reads: “I have the President’s portrait tattooed on my penis / How disgusted my wife is”. The phrase was noticed by Director Zaw Htay of President Thein Sein’s Office and the Director posted on social media saying Maung Saung Kha should be prepared to take responsibility for what he has done.
Police Major Thein Win subsequently filed a case against Maung Saung Kha on 9 October 2015, under Section 66 (d) of the Telecommunication Law. The case is lodged in Shwe Pyi Thar Township Court and the Court has issued an arrest warrant.
Maung San Kha managed to escape and went on hiding for a few days. But he was re-arrested on 5 November 2015 by police personnel, who were wearing civilian clothes. The arrest was made inside a court compound, where Maung San Kha was attending the trial of student activists who were arrested for protesting against the controversial education law. The police dragged Maung San Kha into an unmarked vehicle and took him to Shwe Pyi Thar.
If the accused is charged under the Section 66 (d) of the Telecommunication Law, which carries a maximum of three years imprisonment, there needs to be someone who is affected by the defamation. However, in the poem, the accused didn’t mention any name or country but just stated the President. Although his poem didn’t mention the name of any President, the Police Major put “our country” and “its President” in addition to the poem, in the complaint letter to the Court. The advocate to the defendant countersued the plaintiff Police Major regarding his complaint letter, which is not in accordance with law; but the court dismissed the lawsuit against the police.
It must be noted that in Burma, there are many places and shops that have been named “President”, including the famous President Cinema in Yangon. Also, the Court charged Maung San Kha an additional count, under Section 505 (b) of the Penal Code, i.e. intent to cause fear or alarm to the public, or induce to commit an offence against the State. This charge was added on 17 December 2015 but was dismissed later.
The plaintiff has the duty to prove in Court whether or not the accused has committed the offence, but I have learned that according to the prosecution witnesses and evidences to the court, there is no concrete evidence to show that the accused is defaming anyone. However, it is the judge who will determine whether or not to arraign Maung Saung Kha in the upcoming hearing, on 3 May 2016.
The accused has been detained in prison for nearly six months.
Over the past few days, since the new government has taken office, Burma has witnessed the release from prison of a large number of political prisoners and student activists. This has been welcome news. However, I have learned that some of the political prisoners remain incarcerated. And, I worry that Maung Saung Kha may also not be included in the list of those arrested for politically motivated reasons. Burma has started walking the democratic path; it should not be having any political prisoners. The country shouldn’t allow any kind of governmental repression for those exercising their freedom of expression, which is a fundamental right of every human being.
I urge the government to dismiss Maung Saung Kha’s case immediately and unconditionally, before it proceeds further into the trial stage. I look forward to your prompt action to ensure the same.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Lt. Gen Kyaw Swe
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 Htin Kyaw
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U Htun Htun 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. U Tun Tun Oo
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. 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
6. Daw Aung San Suu Kyi
State Counsellor of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
