The Asian Human Rights Commission (AHRC) has received information regarding three women being sentenced to four months imprisonment, with labor, for leading a peaceful prayer. In March, the women led a peaceful prayer for the student protesters who were marching from Mandalay to Yangon and calling for amendments to the National Education Law. One week after the prayer meeting, the student protesters suffered a violent crackdown by the police and subsequent imprisonment. The three women have now been prosecuted under the Peaceful Assembly and Procession Act and are serving their prison terms in Meiktila Prison.
CASE NARRATIVE:
On 3 March 2015, Daw Myint Myint Aye, of People’s Support Network Meiktila, together with Daw May Thet Oo and Daw Khin May Si went to the Anaku temple in Meiktila Township to pray for the safety of student protesters. In January 2015, the students had begun marching from Mandalay to Yangon calling for amendment to the National Education Law.
The three women walked to the temple, bringing candlelight with them. Nearly 20 people joined the pray meeting led by Daw Myint Myint Aye. The local authorities had stopped the prayer group headed to the temple, but the group insisted that they were only going to pray and continued onwards to their pray meeting. During the prayers, some people spoke about supporting the student protesters and asking the government not to use force against the non-violent student protesters. The prayer lasted half-an-hour and then they returned home.
The next day, 4 March 2015, township administrative officer U Myo Hlaing, and Police Major Maung Shwe, along with other local authorities, held a meeting to file case against Daw Myint Myint Aye and the other two women for leading a procession without permission. As per the decision taken at the meeting, Township Police Commander Police Major Maung Shwe lodged a case against them under the Peaceful Assembly and Procession Act, in Meiktila Township Court.
In the testimony, Daw Myint Myint Aye said she had been supporting and helping farmers and people in need. People’s Support Network Meiktil, the network that Daw Myint Myint Aye represents had earlier held a prayer meeting for Daw Khin Win, a farmer shot to death by the police in the Letpadaung Copper Mine project area, and to mark other specific events. Such a prayer meeting was also on Martyr Day every year. As per usual practice, they prayed for the peaceful student protesters to attain their goal peacefully.
Daw Myint Myint Aye also claimed that they didn’t shout any slogan or disturb the public on their way and the local people didn’t complaint against them for the prayer meeting. They brought posters that read “no to violence against the student protesters” and “we support the students”, showing their solidarity with the students. They prayed on the temple’s square and went back home. Daw Myint Myint Aye has stated in her testimony that as their purpose was to go to temple for praying, not protesting, they didn’t need to ask for permission.
Although the 2008 Constitution of the Union of Myanmar allows peaceful procession, constitutional rights have being neglected and abused by the authorities.
Section 354 of the Constitution states the following:
“Every citizen shall be at liberty in the exercise of the following rights, if not contrary
to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality:
(a) to express and publish freely their convictions and opinions;
(b) to assemble peacefully without arms and holding procession.”
However, Meiktila Township Court Judge Maung Lwin made the judgment, under Article 18 of the Peaceful Assembly and Procession Act, and, on 10 July 2015, sentenced Daw Myint Myint Aye and the other two women with 4 months imprisonment, with labor.
BACKGROUND INFORMATION:
There are a number of peaceful protesters in Burma who have been sentenced to prison this year and some are awaiting trial. The following are some of the cases documented by the Asian Human Rights Commission: AHRC-STM-058-2015, AHRC-UAC-059-2015 and AHRC-UAC-064-2015. 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 release Daw Myint Myint Aye, Daw May Thet Oo, and Daw Khin May Si as soon as possible. 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 letter Burma is referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
BURMA/MYANMAR: Release the women sentenced for leading a peaceful prayer
Name of victims: Daw Myint Myint Aye, Daw May Thet Oo, and Daw Khin May Si
Names of alleged perpetrator: Police Major Maung Shwe, Township Police Commander
Date of incident: 3 March 2015
Date of judgment: 10 July 2015
Case details: Article 18, Peaceful Assembly and Procession Act, criminal case number 872/2015, Meiktila Township Court
Place of incident: Meiktila Township, Mandalay Region, Myanmar
I am writing to voice my deep concern regarding the three women who have been sentenced to four months imprisonment with labor under the Peaceful and Procession Act. They prayed for the student protesters who marched from Mandalay to Yangon in order that the National Education Law would be amended. For their prayers, the women have suffered imprisonment.
On 3 March 2015, Daw Myint Myint Aye, of People’s Support Network Meiktila, together with Daw May Thet Oo and Daw Khin May Si went to the Anaku temple in Meiktila Township to pray for the safety of student protesters. In January 2015, the students had begun marching from Mandalay to Yangon calling for amendment to the National Education Law.
The three women walked to the temple, bringing candlelight with them. Nearly 20 people joined the pray meeting led by Daw Myint Myint Aye. The local authorities had stopped the prayer group headed to the temple, but the group insisted that they were only going to pray and continued onwards to their pray meeting. During the prayers, some people spoke about supporting the student protesters and asking the government not to use force against the non-violent student protesters. The prayer lasted half-an-hour and then they returned home.
The next day, 4 March 2015, township administrative officer U Myo Hlaing, and Police Major Maung Shwe, along with other local authorities, held a meeting to file case against Daw Myint Myint Aye and the other two women for leading a procession without permission. As per the decision taken at the meeting, Township Police Commander Police Major Maung Shwe lodged a case against them under the Peaceful Assembly and Procession Act, in Meiktila Township Court.
In the testimony, Daw Myint Myint Aye said she had been supporting and helping farmers and people in need. People’s Support Network Meiktil, the network that Daw Myint Myint Aye represents had earlier held a prayer meeting for Daw Khin Win, a farmer shot to death by the police in the Letpadaung Copper Mine project area, and to mark other specific events. Such a prayer meeting was also on Martyr Day every year. As per usual practice, they prayed for the peaceful student protesters to attain their goal peacefully.
Daw Myint Myint Aye also claimed that they didn’t shout any slogan or disturb the public on their way and the local people didn’t complaint against them for the prayer meeting. They brought posters that read “no to violence against the student protesters” and “we support the students”, showing their solidarity with the students. They prayed on the temple’s square and went back home. Daw Myint Myint Aye has stated in her testimony that as their purpose was to go to temple for praying, not protesting, they didn’t need to ask for permission.
Although the 2008 Constitution of the Union of Myanmar allows peaceful procession, constitutional rights have being neglected and abused by the authorities.
Section 354 of the Constitution states the following:
“Every citizen shall be at liberty in the exercise of the following rights, if not contrary
to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality:
(a) to express and publish freely their convictions and opinions;
(b) to assemble peacefully without arms and holding procession.”
However, Meiktila Township Court Judge Maung Lwin made the judgment, under Article 18 of the Peaceful Assembly and Procession Act, and, on 10 July 2015, sentenced Daw Myint Myint Aye and the other two women with 4 months imprisonment, with labor. Numbers of peaceful protesters have been prosecuted and sentenced to jail under the Peaceful Assembly and Procession law in recent years. If the government wants to commit to the democratic ideal, it must prove it in action not in words. Without a modicum of free expression, there is no democracy. Therefore, I urge the government to release Daw Myint Myint Aye, Daw May Thet Oo and Daw Khin May Si immediately.
I look forward to your positive and effective response in this case.
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
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)
