The Asian Human Rights Commission (AHRC) has received information that activist Thant Zin Htet has been charged for taking part in a peaceful protest in 2014 against lands seized by the government. He was arrested when he arranged a welcoming for student protesters marching from Mandalay to Yangon in February 2015. A Township Sub-administrative Officer has opened cases against him under Section 505 (b) of the Penal Code and the Peaceful Assembly and Procession Act. Though Thant Zin Htet informed the authorities before the protest, according to law, and didn’t disturb public tranquility, he has been accused of violating the same. He is presently in jail where he awaits trial.
CASE NARRATIVE:
Thant Zin Htet, a student and an activist for farmers’ rights, was arrested on 8 February 2015 while preparing a welcome for student protesters, who were marching from Mandalay to Yangon for an amendment in the new education law. Charges have been filed against him under Section 505(b) of the Penal Code and Article 18 of the Peaceful Assembly and Procession Act, for taking part in a 11 April 2014 protest in Thaegone Township against lands that had been confiscated by the government.
During the protest, Thant Zin Htet, together with four other leaders and 20 other local participants shouted slogans in front of the Township Police Station, the Settlement and Land Records Department, the Township Administrative Office, and the house of a Member of Parliament. After the protest, the Township Sub-administrative Officer filed cases against the protestors, without trying to address the grievance and solve the farmers’ problems with regard to the seized lands.
As Thant Zin Htet is not local resident of Thaegone Township and is always travelling to help farmers in need, he didn’t have any idea that there was case filed against him in Thaegone Township Court or that he had been an absconder. Four other leaders of the protest have already served their prison term under the same sections under which Thant Zin Htet has been charged.
The testimony of the plaintiff, U Zaw Myint Htwe, states that the cases against them in Thaegone Township court under Penal Code Section 505(b) and Peaceful Assembly and Procession Act Article 18.
The relevant potion of Section 505 reads as follows:
Whoever makes, publishes or circulates any statement, rumor or report…. with intent to cause, or which is 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;
However, U Zaw Myint Htwe testified that there was no problem of township tranquility because of the protest and he witnessed that the local people were just watching the protesters. He also stated that he knew the protesters had informed the Township Police Station Officer about the protest beforehand.
According to the regulation of the Peaceful Assembly and Procession Act, the protesters need to inform the concerned authorities. So, the protesters followed the rules.
Although Thant Zin Htet did not create any possibility of riot or threaten tranquility, he is been prosecuted under criminal law and is now in Tharawaddy Prison where he is awaiting trial.
Thant Zin Htet and the protesters exercised their constitutional rights, which allow them peaceful assembly and procession; these rights have not been upheld. As no law can over-ride the Constitution of the country, the charges against Thant Zin Htet should be dismissed.
Further details are provided in the sample letter below.
BACKGROUND INFORMATION:
Section 505(b) of the Penal Code is a generic, anti-democratic provision, enabling the police to lodge charges against anyone for pretty much any undefined public act that they construe as likely to cause alarm. The Section was a favourite of the police during the years of military rule, and that it continues to be used in the current period of political change is an indictment of the concerned authorities and an illustration of how practices entrenched during decades of military rule continue to manifest in the same institutions today.
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 dismiss the case and release Thant Zin Htet as soon as possible. Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar and, the regional office in Bangkok, calling for their interventions into this matter.
Do note that for the purpose of the letter Burma is referred to by its official name, Myanmar.
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SAMPLE LETTER
Dear ………………,
BURMA/MYANMAR: Activist prosecuted for protesting against confiscated land
Names of victims: Thant Zin Htet, resident of Zimingwin Village, Ywathagone Tract, Nattalin Township, Bago Division, Myanmar
Date of incident: 11 April 2014
Date of arrest: 8 February 2015
Place of incident: Thaegone Township, Myanmar
Case details: Section 505(b) of the Penal Code & Article 18 of the Peaceful Assembly and Procession Act, case number 252/15, Thaegone Township Court
I am upset to learn that Thant Zin Htet, a student and an activist for farmers’ rights, was arrested on 8 February 2015 while preparing a welcome for student protesters, who were marching from Mandalay to Yangon for an amendment in the new education law. According to the information that I have received charges have been filed against him under Section 505(b) of the Penal Code and Article 18 of the Peaceful Assembly and Procession Act, for taking part in a 11 April 2014 protest in Thaegone Township against lands that had been confiscated by the government.
During the protest, Thant Zin Htet, together with four other leaders and 20 other local participants shouted slogans in front of the Township Police Station, the Settlement and Land Records Department, the Township Administrative Office, and the house of a Member of Parliament. After the protest, the Township Sub-administrative Officer filed cases against the protestors, without trying to address the grievance and solve the farmers’ problems with regard to the seized lands.
As Thant Zin Htet is not local resident of Thaegone Township and is always travelling to help farmers in need, he didn’t have any idea that there was case filed against him in Thaegone Township Court or that he had been an absconder. Four other leaders of the protest have already served their prison term under the same sections under which Thant Zin Htet has been charged.
The testimony of the plaintiff, U Zaw Myint Htwe, states that the cases against them in Thaegone Township court under Penal Code Section 505(b) and Peaceful Assembly and Procession Act Article 18.
The relevant potion of Section 505 reads as follows:
Whoever makes, publishes or circulates any statement, rumor or report…. with intent to cause, or which is 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;
However, U Zaw Myint Htwe testified that there was no problem of township tranquility because of the protest and he witnessed that the local people were just watching the protesters. He also stated that he knew the protesters had informed the Township Police Station Officer about the protest beforehand.
According to the regulation of the Peaceful Assembly and Procession Act, the protesters need to inform the concerned authorities. So, the protesters followed the rules.
Although Thant Zin Htet did not create any possibility of riot or threaten tranquility, he is been prosecuted under criminal law and is now in Tharawaddy Prison where he is awaiting trial.
Thant Zin Htet and the protesters exercised their constitutional rights, which allow them peaceful assembly and procession; these rights have not been upheld. As no law can over-ride the Constitution of the country, the charges against Thant Zin Htet should be dismissed.
Although Myanmar authorities claim that the country is now in a democratising period, the action of the authorities are more or less similar to those witnessed for decades during the military regime. This year alone, numbers of peaceful protesters have been prosecuted and sentenced to jail under ambiguously worded laws. More and more activists are being targeted as they are trying to let the world know the real scenario of the country. Moreover, hundreds and thousands of farmers are being forced to leave their lands, along with being subjected to charges and in many many cases imprisonment as well for farming their own lands that have been illegally seized by the military or other government departments. Such injustice can only continue with the judicial system still under the control of the executive, manned mostly by retired military officials.
It is in this light that I urges the Myanmar authorities to dismiss the case and release Thant Zin Htet as soon as possible. I also urges the authorities to address the root cause of the peaceful protests that have taken place all over the country and solve the problems effectively, and not by prosecuting peaceful protestors and putting them in jail.
I look forward to your positive and effective response in this case.
Yours Sincerely,
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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
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
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
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)
