Law being used to 'criminalise protest'

Myanmar’s political analysts say government is still interfering in legal proceedings, as citizens are being prosecuted and imprisoned under several legal sections that violate their basic human rights.

The number of people being jailed for political reasons has increased significantly in recent months, with many being charged under Section 505 of the Penal Code and Section 18 of the Peaceful Assembly and Procession Law, said the analysts.

In Mandalay, the county’s second largest city, a court last Wednesday sentenced two people to one year and three months and four others to three months in prison, for taking part in demonstrations against the city’s mayor demanding legal recognition as vendors at the local market.

Two more persons were sent to jail under Section 18 recently. Myint Aung, the secretary for the Letpadaungtaung Mountain Protection Committee in Monywa Town in central Myanmar was sentenced to one year hard labour in prison and Thein Aung Myint to one month, for taking part in protests against the Letpadaungtaung copper mine project.

“We were also charged under Section 505 (2007). [They] punished us harshly under these sections as they wanted to put us in prison for many years as well as to crack down on democratic activities in the country. Other political activists have also been sent to jail under these sections. If the number of these cases increases, it could jeopardise [our] cooperation in the country’s political reforms in the long term,” said Pyone Cho of the 88 Generation group.

Phyo Phyo Aung, of the Myanmar Students Union, said that three students from Mandalay and one from elsewhere had been sentenced under Section 18 to one month in prison for taking part in the Letpadaungtaung protests.

Analysts deem them political prisoners because they were originally charged under Section 18, which outlaws peaceful protest, but then sentenced according to Section 505, a penal code that carries harsher punishments.

“If one is convicted of demonstrating without permission by the authorities under Section 18, he or she should not be punished again under 505. One must not be charged with different sections like these for an offence. It’s dirty work,” said Supreme Court advocate Than Soe.

Generation Wave activist Moe Thwe was arrested under Section 505 last month for speaking out in an interview against the Letpadaungtaung mine. 

“Others from Yangon who protested against the controversial Letpadaungtaung copper-mine without permission were also prosecuted under sections 18 and 505,” said Moe Thwe. “We have to think about these cases seriously. The government says it is undertaking a political reform process. At present, I think, if we got interviewed by the Democratic Voice of Burma news agency, we would be arrested just as in the past.”

Supreme Court advocate Kyee Myint says Section 505 is an outdated legacy of the junta years.

“The military government used Section 505 to charge those attempting to rise against it … or those who reported grievances and demanded basic rights, and those who expressed their rights. In short, those didn’t obey the state’s orders.” 

Kyee Myint added that sections 505 and 18 had no place in a democratic system, as they violated human rights and ignored democratic principles. They should be abolished, he said. 

He noted that other countries have similar laws governing protests, whereby permission is sought by activists, and authorities allow demonstrations and even assign police to keep the peace. By contrast in Myanmar, authorities deny permission to any protest to be held against the administration and its cronies. The laws seem created to protect only them, said Kyee Myint.

The parliamentary Rule of Law and Tranquility Committee is set to tackle the issue by placing before parliament a proposal aimed to prevent authorities interfering in legal proceedings.