Union Supreme Court rejects jailed reporters' appeal

“The case file shows that a directive signed by U Hla Tun from the President's Office was submitted as evidence against the journalists. This shows that the authorities are prohibiting a fair trial. Therefore, we sought to point out that the case is not in accordance with the constitution. Section 19(A) of the constitution says courts must administer justice independently according to the law. The judicial system has not been independent throughout this trial," said lawyer Robert San Aung, who represents the four reporters. 

"I really feel sorry for them since the Union Supreme Court rejected the argument. I will continue submitting another appeal to the court,” the lawyer added. 

On July 10, four reporters and the CEO of Unity Journal were sentenced by a district court to 10 years in prison with hard labour for violating the State Secrets Act. In January, Unity Journal ran a news story based on reporting from the four journalists alleging that chemical weapons were being produced at a military facility in Magway Region’s Pauk Township.

The Pakokku District Court’s ruling ended the five-month long trial against the five persons, following the January 25 report alleging the No 24 Defence Equipment Factory in Pauk Township, Magway Region, as a chemical weapons factory. They were charged under the Official Secrets Act in February. 

On October 2, the Magway Regional Court reduced the prison sentences of the four journalists and the CEO of the now-defunct newspaper from 10 to seven years.

“The government claims to have no secrets here and said the factory is not for manufacturing chemical weapons. They nonetheless took legal action against the reporters under the State Secrets Act. The authorities use this law as they like. That’s why we want to annul it,” said lawyer Robert San Aung.

The case sparked criticisms on press freedom in Myanmar. It led to a number of protests. 

In the latest development, earlier this month, the Popa Thiri Township Court summoned eleven journalists from Myanmar Herald Journal including its publisher and chief editor to attend court hearing for defamation. They faced charges under section 25 (B) of media law.

They were summoned without knowledge of who filed a formal complaint against them, said the journal’s editor Aung Tun Lin.

Its publisher and chief editor Kyaw Swar Win, deputy chief editors Aung Kyaw Min, San Win Tun and Arnt Khaung Min, editor Aung Tun Lin and Tamway Aung Ko, executive editor Chit Ko Ko Thaw, editors Khin Maung Lin and Shein Wai Naung, manager (distribution) Myint Zaw and Zayya Moe (distribution) are included in the court summon sent on November 5.

The State-owned Myanmar Alin and Kyehmon (Mirror) dailies published on November 4 carried the news that the Information Ministry plans to take Myanmar Thandawhsint (Herald) journal to court for tarnishing the reputation and rights of the Head of State.