Dear Friends,
The Asian Human Rights Commission has received information regarding a young woman being arrested and brought to trial over a post on social media. Lt. Col Kyaw Htin, an Army general staff officer of the Southwest Command in Pathein, filed case against the woman over a post that allegedly insults the Burmese military. She was brought before the judge on 13 October 2015. The judge granted remand and she is now detained in Maubin Prison. She requested bail but was denied. She continues to be denied access to legal assistance, and family visits have been restricted. The first court hearing is scheduled for 27 October 2015.
CASE NARRATIVE:
Chaw Sandi Tun, also known as Chit Thami, a twenty-five-year old woman, has been arrested over a social media post that allegedly mocks the military. A former member of the Maubin District Students’ Union, Chaw has been working on the NLD party’s campaign for the coming November election in Maubin Township where she resides.
Ms. Chaw shared a digitally combined photo on social media, adding her own comment titled “If you love her so much why not wear pieces of her htamein (traditional skirt) on your head”. The photo compares Chairwoman of the National League for Democracy (NLD) party Aung San Su Kyi with the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. In particular, the light green color htamein (traditional skirt) of Aung San Su Kyi is juxtaposed with the newly introduced light green color uniform of the Burmese military.
A text on the photo reads: “As they like the color of the htamein of mother Su [Aung San Suu Kyi], they had tailored to wearing it”. For the Burmese society, which considers women’s clothing as a disgrace and views women as an inferior gender, the comparison of htamein with the military uniform appears to have been perceived as an insult.
Nearly 20 policemen came and arrested Chaw Sandi Tun on Monday, 12 October 2015, at a meditation center in Yangon, and took her to Maubin Township Police Station to be confined. Lt. Col Kyaw Htin of the Southwest Command in Pathein, an Army general staff officer, filed a case against her under Article 34(d) of the Electronic Transactions Law, in Maubin Township Police Station. The article 34(d) carries penalties of up to 3 years in prison, and proscribes the use of electronic technology to lower the dignity of any organisation or person. However the woman was later investigated under Section 66(d) of the 2013 Telecommunication Law, which also carries a maximum of three years imprisonment.
On 13 October 2015, Ms. Chaw was brought before the Maubin Township Court and the judge granted two weeks remand. She requested bail but it was rejected. According to Criminal Procedure Code Section 497, if a case involves a non-bailable offence, the court can provide bail to a person under age of sixteen years, or any woman, or any sick or infirm person. Ms. Chaw however has not been allowed the same under the enacted law.
According to the latest information, charges under Section 500 of the Penal Code, which is a section involving defamation, have also been added, which can place Ms. Chaw behind bars for up to 2 years. There is a chance of her being punished double for the same alleged offence. In addition, she has been forced to sign a confession by the police during her detention. The first court hearing will be on 27 October 2015. Currently, she is detained in Maubin Prison.
ADDITIONAL INFORMATION:
In February this year, freelance photographer Aung Nay Myo was arrested over a post on Facebook reportedly scorning a Burmese official. He was detained for three days. Chaw Sandi Tun is not the only one who was arrested over a Facebook post recently. Patrick Kun Jaa Lee, husband of a women’s rights and peace activist, is arrested and detained in the Insein Prison at the moment over the similar situation. See a related AHRC statement here: http://www.humanrights.asia/news/ahrc-news/AHRC-STM-169-2015.
SUGGESTED ACTION:
Please write a letter to the following government authorities to release Chaw Sandi Tun 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: Woman faces 5 years imprisonment over a Facebook post
Name of victim: Chaw Sandi Tun (aka) Chit Thami
Names of alleged perpetrator: Lt. Col Kyaw Htin, Southwest Command in Pathein, Ayeyawaddy Region, Myanmar
Date of incident: 12 October 2015 to date
Place of incident: Maubin Township, Ayeyawaddy Region, Myanmar
Place of court: Maubin Township Court, Maubin Township, Myanmar
I am writing to voice my deep concern regarding Chaw Sandi Tun, also known as Chit Thami, a twenty-five-year old woman, who has been arrested over a social media post that allegedly mocks the military. A former member of the Maubin District Students’ Union, Chaw has been working on the National League for Democracy party’s campaign for the coming November election in Maubin Township, where she resides.
Ms. Chaw shared a digitally combined photo on social media, adding her own comment titled “If you love her so much why not wear pieces of her htamein (traditional skirt) on your head”. The photo compares Chairwoman of the National League for Democracy (NLD) party Aung San Su Kyi with the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. In particular, the light green color htamein (traditional skirt) of Aung San Su Kyi is juxtaposed with the newly introduced light green color uniform of the Burmese military.
A text on the photo reads: “As they like the color of the htamein of mother Su [Aung San Suu Kyi], they had tailored to wearing it”. For the Burmese society, which considers women’s clothing as a disgrace and views women as an inferior gender, the comparison of htamein with the military uniform appears to have been perceived as an insult.
Nearly 20 policemen came and arrested Chaw Sandi Tun on Monday, 12 October 2015, at a meditation center in Yangon, and took her to Maubin Township Police Station to be confined. Lt. Col Kyaw Htin of the Southwest Command in Pathein, an Army general staff officer, filed a case against her under Article 34(d) of the Electronic Transactions Law, in Maubin Township Police Station. The article 34(d) carries penalties of up to 3 years in prison, and proscribes the use of electronic technology to lower the dignity of any organisation or person. However the woman was later investigated under Section 66(d) of the 2013 Telecommunication Law, which also carries a maximum of three years imprisonment.
On 13 October 2015, Ms. Chaw was brought before the Maubin Township Court and the judge granted two weeks remand. She requested bail but it was rejected. According to Criminal Procedure Code Section 497, if a case involves a non-bailable offence, the court can provide bail to a person under age of sixteen years, or any woman, or any sick or infirm person. Ms. Chaw however has not been allowed the same under the enacted law.
According to the latest information, charges under Section 500 of the Penal Code, which is a section involving defamation, have also been added, which can place Ms. Tun behind bars for up to 2 years. There is a chance of her being punished double for the same alleged offence. In addition, she has been forced to sign a confession by the police during her detention. The first court hearing will be on 27 October 2015. Currently, she is detained in Maubin Prison.
The government appears to be suppressing freedom of expression and Internet freedom and arresting citizens without just cause. The country is democratizing and is in a transition period. However, if the government wants the November general election to be free and fair, there should not be restrictions to citizen’s freedom of expression.
Therefore, I urge the government to release Ms. Tun immediately and unconditionally. I also urge the government to make sure she is not ill-treated or torture during her detention in prison.
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)
