Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding a writer who was charged and prosecuted for allegedly committing a religious offence. He has now been sentenced to two years imprisonment with hard labour. An excerpt of his speech, which excoriates extremists and jingoists, intended for the benefit of Buddhism, spread widely in social media and led to his prosecution. Last month, June 2015, his District Court appeal was rejected.
UPDATED INFORMATION:
As described in the original appeal (AHRC-UAC-002-2015) Htin Lin Oo, an author and a columnist, gave a speech about Buddhism and nationalism at a literary event in Sagaing Region in October 2014. Criminal charges were brought against him for this speech.
Htin Lin Oo had spoken about discrimination on racial and religious grounds being inappropriate, if the true meaning of Buddhism were to be considered. However, an excerpt of his speech spread in social media. Extremist Buddhists, led by Buddhist Nationalist Association for the Protection of Race and Religious (Ma Ba Tha), rallied in opposition to the speech with online criticism. As a result, a case was filed against him for allegedly insulting Buddhism in the speech.
According to the latest information received, Htin Lin Oo has been sentenced to two years imprisonment with hard labour, which is the maximum punishment under Section 295(A) of the Penal Code. The Chaung-U Township Court sentenced him on 2 June 2015. Charged under two sections of the Penal Code, he was acquitted in one, i.e. Section 298, due to insufficient evidence. His appeal to Monya District Court was dismissed on 29 June 2015.
Although according to Section 60 of the Evidence Act, oral evidence must be direct, the Court accepted a written copy of the speech, which was copied from a DVD by the plaintiff, who was not there at the event. There is also no legal proof or signature confirming whether the paper copy is a true copy of the speech or not.
The Immigration and Population Officer said he lodged a case against Htin Lin Oo, in accord with the Township Sangha Nayaka (official council of Buddhist clergy). He claimed to have submitted the council’s decision paper to file the case against Htin Lin Oo. However, no one from the council was present before the court to confirm that they had instructed the Officer. There were no monks in the witness list of the Plaintiff either. The plaintiff used a five minute excerpt out of the two hours long speech to file a case against Htin Lin Oo.
Htin Lin Oo said in his speech “Buddha is not Burmese, not Shan, not Karen. If you want to be extreme nationalists and if you really want to maintain your race don’t believe in Buddhism”. Later in the speech he added, “We follow Lord Buddha as righteousness of his words”. Htin Lin Oo later apologized to the monks for his manner of speaking.
Htin Lin Oo clearly explained his argument in the speech and if the speech is listened to from beginning to end the actual meaning of the speech is evident. However, extreme nationalists and some Buddhists monk accused him of insulting Buddhism, by focusing on excerpts. The plaintiff too used these facts and the Court accepted the same. It is the plaintiff’s duty to prove whether the accused is guilty or not in criminal cases. However, the plaintiff could not prove Htin Lin Oo’s guilt.
Htin Lin Oo testified that he has not insulted Buddhism and said he took reference from the most respected monks’ books and the Buddha’s speech. Buddhists monks from the Buddhist Nationalist Association for the Protection of Race and Religious (Ma Ba Tha) along with extreme nationalists and assorted monks were present outside of the court for every hearing, and this may well have influenced the judgment.
ADDITIONAL INFORMATION:
In another case the owner of a bar and two staff have had criminal charges brought against them for displaying an advertisement with a picture of Buddha wearing headphones. That case was also brought to court by complaints made by monks and nationalist groups. The owner and staff have been sentenced to two and half years imprisonment with hard labor, under articles 295(a) and 188 of Burma’s Penal Code.
SUGGESTED ACTION:
Please write letters 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 the situation of human rights in Myanmar, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the 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 sentenced to two years imprisonment; appeal rejected
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 of Judgment: 2 June 2015, Chaung-U Township Court
Date of Rejection of Appeal: 29 June 2015, Monywa District Court
Place of Incident: Chaung-U Township, Monywa District, Sagaing Region, Myanmar
Charged with: Section 295 (A) and 298 of the Penal Code, Criminal case number 346/2014, Chaung-U Township Court
I am writing to voice my deep concern regarding on Htin Lin Oo, an author and a columnist, gave a speech about Buddhism and nationalism at a literary event in Sagaing Region in October 2014 was brought criminal charges against him for this speech.
Htin Lin Oo had spoken about discrimination on racial and religious grounds being inappropriate, if the true meaning of Buddhism were to be considered. However, an excerpt of his speech spread in social media. Extremist Buddhists, led by Buddhist Nationalist Association for the Protection of Race and Religious (Ma Ba Tha), rallied in opposition to the speech with online criticism. As a result, a case was filed against him for allegedly insulting Buddhism in the speech.
According to the latest information received, Htin Lin Oo has been sentenced to two years imprisonment with hard labour, which is the maximum punishment under Section 295(A) of the Penal Code. The Chaung-U Township Court sentenced him on 2 June 2015. Charged under two sections of the Penal Code, he was acquitted in one, i.e. Section 298, due to insufficient evidence. His appeal to Monya District Court was dismissed on 29 June 2015.
Although according to Section 60 of the Evidence Act, oral evidence must be direct, the Court accepted a written copy of the speech, which was copied from a DVD by the plaintiff, who was not there at the event. There is also no legal proof or signature confirming whether the paper copy is a true copy of the speech or not.
The Immigration and Population Officer said he lodged a case against Htin Lin Oo, in accord with the Township Sangha Nayaka (official council of Buddhist clergy). He claimed to have submitted the council’s decision paper to file the case against Htin Lin Oo. However, no one from the council was present before the court to confirm that they had instructed the Officer. There were no monks in the witness list of the Plaintiff either. The plaintiff used a five minute excerpt out of the two hours long speech to file a case against Htin Lin Oo.
Htin Lin Oo said in his speech “Buddha is not Burmese, not Shan, not Karen. If you want to be extreme nationalists and if you really want to maintain your race don’t believe in Buddhism”. Later in the speech he added, “We follow Lord Buddha as righteousness of his words”. Htin Lin Oo later apologized to the monks for his manner of speaking.
Htin Lin Oo clearly explained his argument in the speech and if the speech is listened to from beginning to end the actual meaning of the speech is evident. However, extreme nationalists and some Buddhists monk accused him of insulting Buddhism, by focusing on excerpts. The plaintiff too used these facts and the Court accepted the same. It is the plaintiff’s duty to prove whether the accused is guilty or not in criminal cases. However, the plaintiff could not prove Htin Lin Oo’s guilt.
Htin Lin Oo testified that he has not insulted Buddhism and said he took reference from the most respected monks’ books and the Buddha’s speech. Buddhists monks from the Buddhist Nationalist Association for the Protection of Race and Religious (Ma Ba Tha) along with extreme nationalists and assorted monks were present outside of the court for every hearing, and this may well have influenced the judgment.
Freedom of expression is still under threat in Burma, despite the country having emerged from the shadow of decades of dictatorship. Even though Htin Lin Oo only tried to point out what is wrong in society, and criticised government mismanagement, he has been punished and been labeled a criminal. Some nationalist political groups and monks have threatened people who say anything about Buddhism but no action has been taken against these groups and monks. I am greatly concerned that this trend can affect the political change in the 2015 election. According to the 2008 Constitution of Myanmar, every citizen shall be free to express and publish freely their convictions and opinions. Therefore, I urge the government to release Htin Lin Oo immediately. Moreover, to prevent similar cases from happening, strong intervention of the government protecting free speech is what is needed.
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)
