Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about three student protesters who face multiple cases over peaceful assembly and procession. The students’ call for amendment of the 2008 Constitution led them to face criminal charges. They are at present detained in Insein Prison, where they await trial. Two cases have been filed against them in different townships for the same offence. Additionally, two other students have been charged with different offences this year for the same protest.
CASE NARRATIVE:
On 30 June 2015, student leaders Paing Ye Thu, Zayar Lwin and Nan Lin led the protest against the 25 percent of seats reserved for the military in the parliament. They called for the amendment of Article 436 of the Constitution, which prevents constitutional amendments without the support of more than 75 percent of the Union Parliament.
The protest followed the 25 June 2015 military’s veto against proposed constitutional amendments in the parliament. The protesters marched from Pabedan Township to Kyauktada Township, where they stopped in front of Yangon city hall. The student protesters were holding cards with “No More Threat” “No More Trouble” and “No More 25%”, and shouting slogans. The leaders explained to the crowd that the 2008 Constitution was written without public participation.
Kyaw Kyaw Lwin, the Deputy Administrative Officer of the Kyauktada Township, filed a case against the student leaders under Section 505(b) of the Penal Code, for allegedly alarming the public. The section carries a maximum sentence of two years imprisonment for committing an offence against the State or public tranquility. A case was also filed against them in Pabedan Township, where they began the protest.
According to section 71 of the Penal Code, “the offender shall not be punished with the punishment of more than one of such offences, unless it be so expressly provided”. Legally, the students cannot face two charges for the same offence in two different courts.
An arrest warrant was issued against them after the protest. Zayar Lwin and Paing Ye Thu were arrested on July 2 and 7 respectively, while Nan Lin remained at large for six months. Nan Lin was arrested in December 2015 and sent to Insein Prison where the other two were detained.
The prosecution submitted six photos and pamphlets containing the purpose of the protest as evidence to the court. There was no indication of when and how the prosecution got the pamphlets, no evidence of when the photos were taken. Neglecting the Evidence Act, the court accepted the evidence.
During the hearing, on 17 November 2015, the Kyauktada Township court judge applied to the District Court to transfer the case to Pabedan Township court. The same case is being heard in the Pabedan Township Court so the Kyauktada District Court allowed the proposal. However, the decision was made without informing the defendants or their lawyers. According to the procedure, both courts have to inform the defendants and make the decision in front of them. The courts neglected the court procedure and didn’t follow the Penal Code either.
Two other student leaders who participated in the protest were also prosecuted this year. Min Thu Kha and Paing Pyo Min were informed by the police on 14 February 2016 that they were both charged under Article 18 of the Peaceful Assembly and Procession Act in relation to the 30 June 2015 protest. Although it is the same incident, the charges against the student leaders are totally different.
If the authorities want to charge the student leaders, they should charge them under Article 18 of the Peaceful Assembly and Procession Act because the student leaders did not obtain permission to protest.
ADDITIONAL INFORMATION:
It is common in Burma for peaceful protesters to face criminal charges. More than 60 non-violent student protesters are detained in prison for nearly one year and facing trial because of their protest to amend the National Education Law. The police brutally cracked down on their protest on 10 March 2015 and arrested many of them. Some got bail later, while others are detained. One of the prominent student leaders faces more than 80 cases against him, while another is facing more than 20 cases in different courts. The AHRC documented some of the cases: AHRC-STM-039-2015, AHRC-STM-052-2015, AHRC-STM-045-2015.
SUGGESTED ACTION:
Please write a letter to the following government authorities urging them to drop all charges against the student protesters and release them immediately.
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 UN Special Rapporteurs on human rights in Myanmar, on the Promotion and Protection of the Right to Freedom of Opinion and Expression, and the regional office in Bangkok, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
BURMA/MYANMAR: Students face multiple charges over protest
Name of victims: Paing Ye Thu, Zayar Lwin, Nan Lin, Min Thu Kha and Paing Pyo Min
Names of alleged perpetrators: Kyaw Kyaw Lwin and Zaw Lin the deputy township administrative officers of Kyauktada Township and Pabedan Township, Yangon
Date of incident: 30 June 2015
Place of incident: Pebedan and Kyauktada Township, Yangon, Myanmar
Case details: Case No. 232/2015, Pabedan Township Court and Case No.152/2015 Kyauktada Township Court
I am writing to voice my deep concern at the multiple cases faced by students over a peaceful protest. On 30 June 2015, student leaders Paing Ye Thu, Zayar Lwin and Nan Lin led the protest against the 25 percent of seats reserved for the military in the parliament. They called for the amendment of Article 436 of the Constitution, which prevents constitutional amendments without the support of more than 75 percent of the Union Parliament.
The protest followed the 25 June 2015 military’s veto against proposed constitutional amendments in the parliament. The protesters marched from Pabedan Township to Kyauktada Township, where they stopped in front of Yangon city hall. The student protesters were holding cards with “No More Threat” “No More Trouble” and “No More 25%”, and shouting slogans. The leaders explained to the crowd that the 2008 Constitution was written without public participation.
Kyaw Kyaw Lwin, the Deputy Administrative Officer of the Kyauktada Township, filed a case against the student leaders under Section 505(b) of the Penal Code, for allegedly alarming the public. The section carries a maximum sentence of two years imprisonment for committing an offence against the State or public tranquility. A case was also filed against them in Pabedan Township, where they began the protest.
According to section 71 of the Penal Code, “the offender shall not be punished with the punishment of more than one of such offences, unless it be so expressly provided”. Legally, the students cannot face two charges for the same offence in two different courts.
An arrest warrant was issued against them after the protest. Zayar Lwin and Paing Ye Thu were arrested on July 2 and 7 respectively, while Nan Lin remained at large for six months. Nan Lin was arrested in December 2015 and sent to Insein Prison where the other two were detained.
The prosecution submitted six photos and pamphlets containing the purpose of the protest as evidence to the court. There was no indication of when and how the prosecution got the pamphlets, no evidence of when the photos were taken. Neglecting the Evidence Act, the court accepted the evidence.
During the hearing, on 17 November 2015, the Kyauktada Township court judge applied to the District Court to transfer the case to Pabedan Township court. The same case is being heard in the Pabedan Township Court so the Kyauktada District Court allowed the proposal. However, the decision was made without informing the defendants or their lawyers. According to the procedure, both courts have to inform the defendants and make the decision in front of them. The courts neglected the court procedure and didn’t follow the Penal Code either.
Two other student leaders who participated in the protest were also prosecuted this year. Min Thu Kha and Paing Pyo Min were informed by the police on 14 February 2016 that they were both charged under Article 18 of the Peaceful Assembly and Procession Act in relation to the 30 June 2015 protest. Although it is the same incident, the charges against the student leaders are totally different.
If the authorities want to charge the student leaders, they should charge them under Article 18 of the Peaceful Assembly and Procession Act because the student leaders did not obtain permission to protest.
The discussions and speeches over the amendment of the 2008 Constitution and the removal of military reservations in parliament are frequent topics for the people of Myanmar. It is widely discussed in newspapers and within the community. More than 5 million people joined the campaign some time back. There is no progress regarding amending the Constitution however, and therefore protests continue.
I am concerned that more and more students will be put behind bars and punished due to their involvement in democratic movement. Myanmar is heading towards a new era and will soon have a newly elected civilian government; there should no longer be any politically related arrests or prosecutions. Therefore, I urge the government to immediately release the students and drop all charges against them.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. KoKo
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 TheinSein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U TunTunOo
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
Email: scunion@mptmail.net.mm
4. 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
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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
