Dear friends,
The Asian Human Rights Commission is gravely concerned about growing use of courts to attack freedom of expression in matters of religion in Burma. In the latest case, a writer was charged for allegedly insulting Buddhism. He criticised the people and monks who used Buddhism as a tool of discrimination and did not follow Lord Buddha’s words. Video of his speech shows that although he spoke strongly, nothing in the talk was insulting to Buddhism.
CASE NARRATIVE:
Htin Lin Oo is an author who was also an information officer of the National League for Democracy (NLD). He spoke at a literary event in Sagaing Region in upper Burma on 23 October 2014 about Buddhism and nationalism. He claimed that there are good and bad people in every religion so no one can say that which religion is good or bad. Some Buddhist people didn’t follow Buddha’s words and do whatever they want under the umbrella of Buddhism. He excoriated those who use Buddhism as a tool of extreme nationalism and criticised other religions or discriminate against them. True Buddhism has no place for extremism, he added.
His speech was nearly two hours long, but an excerpt of 10 minutes out of the 2 hours of his speech was spread on Facebook. A group of monks released a statement claiming that his speech was insulting Buddhism. Nine political parties and nationalist groups also released statements condemning the event organiser, NLD, and Htin Lin Oo, who they accused of insulting Buddhism and creating a big problem by taking religion into political matters. They asked for serious action to be taken against him. On November 18, NLD said Htin Lin Oo speech was his own idea which wasn’t concern about the party and he was no longer information officer of the party.
An immigration and population officer opened a case against Htin Lin Oo under the Penal Code for “deliberate and malicious acts intended to outrage religious feeling of any class by insulting its religion or religious belief” and “uttering words, etc. with deliberate intent to wound religious feelings” on 20 November 2014. The immigration and population officer lodged the case because he said that since there is no responsible officer from religious affairs in the township, he got permission to do that. However, if an immigration and population officer has to file a lawsuit about a religious matter, the Ministry of Religious Affairs must give a permission letter to him. But nothing was submitted to court.
On November 22, Htin Lin Oo wrote on his Facebook saying that his speech didn’t intend to insult the Sangha or Buddhism but he apologised the monks for his manner of speaking.
On 18 December 2014, author Htin Lin Oo faced court for the first time. Although he asked for bail, the judge didn’t accept his request, because it is an offence for which people cannot ordinarily get bail. The judge sent him to prison, where he is now waiting for trial.
Further details of the case are in the sample letter below, as usual.
ADDITIONAL INFORMATION:
In previous years, the military government charged political opponents with insulting religion and used so-called religious cases for political purposes. Therefore, this type of case is not new to Burma; however, it is a new and alarming trend that monks and nationalist groups are policing the talk and activities of Burmese citizens, and threatening anyone who says or does something about Buddhism that they don’t like with criminal action. Presently, another case is also in court against the owner of a bar and two staff for having an advertisement with a picture of Buddha wearing headphones. That case was also brought to court by complaints made by monks and nationalist groups. In the case of Htin Lin Oo, at least one female journalist also was threatened not to write news on him by some monks who came to attend the trial.
For previous appeals that the AHRC has issued on the criminalisation of religious expression in Myanmar see:
AHRC-UAC-068-2013, AHRC-UAC-046-2012, AHRC-UAC-110-2009, UP-136-2007
For more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: www.humanrights.asia/countries/burma.
REQUESTED ACTION:
Please write a letter to the following government authorities to release Htin Lin Oo as soon as possible. Please note that for the purpose of the letter, Burma is referred to by its official name, Myanmar.
Please also be informed that the AHRC is writing separate letters to the Special Rapporteurs on human rights in Myanmar,Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Special Rapporteur on freedom of religion or belief, and the regional office of the OHCHR in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………,
BURMA/MYANMAR: Author charged for allegedly insulting Buddhism
Name of accused: Htin Lin Oo, 47, writer, resident of No. 10, Myasabai Street, 9 Quarter, Mayangon Township, Yangon, Myanmar
Names of person who lodged case: Tun Khaing, officer, Department of Immigration and Population, Chaung-U township
Date of Incident: 20 November 2014 (date case opened)
Place of Incident: Chaung-U Township, Monywa District, Sagaing Region, Myanmar
Charged with: Section 295 (A) and 298 of the Penal Code
I am upset to hear that an author was prosecuted for allegedly insulting Buddhism and monks, even though video of his talk shows that he was not doing so. I am very worried about the situation of freedom of expression in Myanmar on religious issues, and call for action on his case to prevent this situation from getting worse.
According to the information I received, Htin Lin Oo is an author, columnist and was an information officer of the National League for Democracy (NLD). He spoke at a literary event in Chaung-U Township, Sagaing Region, on 23 October 2014 about Buddhism and nationalism. He claimed that there are good and bad people in every religion so no one can say that which religion is good or bad. Some Buddhist people didn’t follow Buddha’s words and do whatever they want under the umbrella of Buddhism. He excoriated those who use Buddhism as a tool of extreme nationalism and criticised other religions or discriminate against them. True Buddhism has no place for extremism, he added.
His speech was nearly two hours long, but an excerpt of 10 minutes out of the 2 hours of his speech was spread in social media (Facebook). The Patriotic Buddhist Monks Union released a statement claiming that his speech was insulting Buddhism. Nine political parties and nationalist groups released statements condemning the event organiser, Chaung-U NLD and Htin Lin Oo, who they accused of insulting Buddhism and creating a big problem by taking religion into political matters. They asked for serious action to be taken against him. On November 18, NLD said Htin Lin Oo speech was his own idea which wasn’t concern about the party and he was no longer information officer of the party.
Chaung-U township immigration and population officer U Tun Khine opened a case against Htin Lin Oo under Section 295 (A) of the Penal Code [deliberate and malicious acts intended to outrage religious feeling of any class by insulting its religion or religious belief] and Section 298 of the Penal Code [uttering words,etc. with deliberate intent to wound religious feelings] on 20 November 2014 in Chaung-U Township Court.
Although the speech was about a religious matter and the Ministry of Religious Affairs and Ministry of Immigration and Population are individually standing ministries, the immigration and population officer lodged a case against Htin Lin Oo because he said that since there is no responsible officer from religious affairs in Chaung-U township, the Township Sangha Nayaka (official council of Buddhist clergy) and Township management committee allowed him to do that. However, if an immigration and population officer has to file a lawsuit about a religious matter, the Ministry of Religious Affairs must give a permission letter to him. But nothing was submitted to court.
On November 22, Htin Lin Oo wrote on his Facebook saying that his speech didn’t intend to insult the Sangha or Buddhism but he apologised the monks for his manner of speaking.
On 18 December 2014, author Htin Lin Oo faced court for the first time. Although he asked for bail, the judge didn’t accept his request, because it is an offence for which people cannot ordinarily get bail. The judge sent him to Monywa prison, where he is now waiting for trial.
According to the 2008 Constitution of Myanmar, every citizen shall be free to express and publish freely their convictions and opinions, and to assemble peacefully without arms. Yet, as this case shows, citizens in Myanmar still cannot get chances to practice these rights without fear of punishment. I am especially worried about the new trend to threaten people who say anything about Buddhism that some nationalist political groups and also some monks aligned with them do not agree with. The trend is illustrated by, in the current case of Htin Lin Oo, at least one female journalist also being threatened not to write news on him by some monks (from the Patriotic Buddhist Monks Union) who came to attend the trial in Chaung-U Township Court. This trend if it continues could be greatly damaging to the positive political changes taking place in Myanmar since 2012, especially in the run-up to the planned election in 2015.
Therefore, I urge that the charges against Htin Lin Oo be dropped, and he be released as soon as possible. Furthermore, strong interventions should be taken to prevent similar cases occurring now and in the future. The government should protect freedom of expression of the citizens and they should take action not against people who are saying and doing nothing to threaten religious freedom but rather, against those who are spreading hate speech among the community.
Yours sincerely,
…………………………..
PLEASE SEND YOUR LETTERS TO:
1. U Soe Win
Minister for Religious Affairs
Ministry of Religious Affairs
Naypyitaw
MYANMAR
2. Lt-Gen. Ko Ko
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
3. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
4. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
5. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
Naypyitaw
MYANMAR
6. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu 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
8. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
9. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
