Civil organisations and human rights groups have criticised Myanmar’s judiciary for abusing sections of the penal code by charging activists multiple times in different courts for the same offence.
Civil organisations and human rights groups have criticised Myanmar’s judiciary for abusing sections of the penal code by charging activists multiple times in different courts for the same offence.
Htin Kyaw, a human rights defender and leader of community-based Movement for Democracy Current Force (MDCF), was arrested on May 14 while delivering a speech and distributing leaflets criticising the government and calling on members of parliament to resign.
He was then charged by South Okkalapa Township Court under Section 505 (b) of Myanmar’s Penal Code for circulating information which may cause public fear or alarm, and which may incite persons to commit offences “against the State or against the public tranquillity”.
Htin Kyaw was sentenced to six months hard labour for violating Section 505 (b), plus another six months for violating the Section 18 of the Peaceful Assembly and Procession Act in two separate townships (three months each). In total, he is facing 11 different charges under Section 505 (b) for distributing leaflets and speaking out against the government in 11 different townships.
Human rights advocates have criticised this trend as a miscarriage of justice and a scheme being used by the government to lock up undesirables and any critical voices. His lawyers worry that if all the charges add up he will be sentenced to over six years in total.
“Htin Kyaw was charged for demonstrating his lack of confidence in the current government. Every citizen has the right to express his opinions freely in accord with the Constitution,” said his lawyer Kyaw Naing Win.
Amnesty International has called Htin Kyaw a prisoner of conscience and have started an urgent action campaign to free him. However, he is not the only activist to be locked up under accumulated sentences by different townships.
Ye Min Oo joined in a peaceful demonstration with monks in 2012. He was subsequently charged for violating the same laws by Tharketa, Bahan and Kyautatar township courts. During the trial, he was detained at Insein Prison for nearly one year and only released under presidential amnesty.
Tin Htut Paing, from Generation Youth, walked holding up lights in various townships in protest against the increasing electricity prices. He was also charged again by separate courts and subsequently released under general amnesty.
“Suing by different townships is not in line with the factors mentioned in the Criminal Code of Procedure, Chapter 234. Plaintiffs have the full responsibility to abide by the proceedures. But in fact, the courts will accept any case if a file is opened. It is violating our human rights. Sentences should be charged together,” said lawyer Robert San Aung.
Such schemes only lead to citizens’ growing lack of trust with the justice system and its ability to provide a free and fair trial, independently of political interference. It is also damaging the government’s credibility in being able to respect the constitution, which is the highest law in the country, and guarantees a right to peaceful assembly and freedom of speech.
When the penal code is being abused so arbitrarily to lock up critical voices and others break it with impunity to incite violence and hatred only evidences the alarming lack of rule of law in Myanmar.