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November Chronology 2017

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NOVEMBER CHRONOLOGY 2017 Summary of the Current Situation: There are 228 individuals oppressed in Burma due to political activities, 46 political prisoners are serving prison sentences, 49 are awaiting trial inside prison, 133 are awaiting trial outside prison. Picture from Doe Gyi © 2017 Accessed November 2017 NOVEMBER 2017 1 Table of Contents POLITICAL PRISONERS ................................................................................................... 3 ▪ ARRESTS……………………………………………………………………………………….3 ▪ DETENTION…………………………………………………………………………………..4 ▪ TRIALS………………………………………………………………………………………….5 ▪ SENTENCES………………………………………………………………………………......7 ▪ RELEASES….....……………………………………………………………………………….9 ▪ FORMER POLITICAL PRISONERS…....…………………………………………...........................................10 RESTRICTIONS ON CIVIL AND POLITICAL RIGHTS .............................................. 11 LEGISLATION AND POLICY DEVELOPMENTS ........................................................ 17 INSTITUTIONAL REFORM………………………………………………………………………...18 REFERENCES……………………………………………………………………………………………19 NOVEMBER 2017 2 POLITICAL PRISONERS ▪ ARRESTS Man Accused of Unlawful Association for Launching Balloon On November 11, resident from Late Kha Maw village in Kyaukphyu Township, Arakan State, Hla Tun Kyaw, was arrested regarding charges under Section 17(1) of the Unlawful Association Act. According to Police Lieutenant, Kyaw Zaw, of the Kyaukphyu Myoma police station, Hla Tun Kyaw was accused of unlawful association for launching a fire balloon celebrating the 39th birthday of Brigadier General of ethnic armed group (EAG) the Arakan Army (AA) Tun Myat Naing. The words ‘Happy Birthday General’ were written on the balloon, which was also adorned with photos of him. (12 November 2017 - DVB/Burmese) (13 November 2017 - BNI/Burmese) (14 November 2017 - DVB) NOVEMBER 2017 3 ▪ Detention SHRF Appeals for Charges to be Dropped Against Nine Ho Pong Farmers On November 28, the Shan Human Rights Foundation (SHRF) published and urgent appeal calling for charges against nine farmers from Southern Shan State, including a 12-year-old boy to be immediately dropped. The farmers were arrested by the Military between July 15 and August 4 on suspicion of affiliation with the Restoration Council of Shan State/Shan State Army (RCSS/SSA-S), an ethnic armed group (EAG), for possession of items, such as walkie-talkies, mobile phones, hunting rifles, and bullets. Only six of the eight adults currently being detained at the Ho Pong police station have begun their trial due to absences of the Military plaintiffs. Military plaintiffs who have appeared at hearings have reportedly been uncooperative by avoiding or refusing to answer questions. The 12-year-old boy, was released from custody on August 5 and has been called to court over ten times. https://www.irrawaddy.com/news/burma /farmers-arrested-shan-state-facing-four- charges.html charges explained (24 November 2017 - BNI/Burmese)(28 November 2017 - SHRF)(28 November 2017 - BNI/Burmese) NOVEMBER 2017 4 ▪ TRIALS KWAT and Fortify Rights Call for Release testified at the court. During the hearing, of Kachin Human Rights Defender Michael Kyaw Myint submitted a request to On November 14, the Kachin Women’s be granted bail, stating that he was in poor Association of Thailand (KWAT) and Fortify health. The Judge refused his bail request on Rights released a statement calling for the grounds that the offense under 505(b) of release of ethnic Kachin human rights the Penal Code was not bailable. On October defender Dashi Naw Lawn. A court hearing 23, Michael Kyaw Myint was arrested and took place on the same day where the detained by police on charges of sedition Mohnyin District Court was scheduled to under Section 505(b) of the Penal Code determine whether to uphold charges while he was preparing to leave for a self- against the defendant. Dashi Naw Lawn organized protest, for which he had faces criminal defamation charges under obtained permission on October 21 from Section 500 of the Penal Code and has been authorities. The case against Michael Kyaw on trial since a summons was issued by the Myint was filed by Yangon Regional Phakant Township Judge, Soe Lin Aung, on Government Secretary, Moe Hein, in June 26. The charges were filed at the court relation to the defendant’s announcement by Military Captain of the Infantry Division on Facebook on October 23 about his #101, who accused Dashi Naw Lawn of intention to hold the protest. distributing defamatory leaflets to the (1 November 2017 - The Voice/Burmese)(1 public on June 9 that commemorated the November 2017 - Eleven)(11 November breakdown of the ceasefire agreement 2017 - Eleven (20 November 2017 - between the Kachin Independence Army Eleven/Burmese) (KIA) and the Military. The leaflets also contained information about alleged human Court Denies Aung Ko Htwe’s Bail rights violations committed by the Military. Request Dashi Naw Lawn is the secretary of the On November 9, former child soldier, Aung Kachin National Development Foundation, a Ko Htwe, facing sedition charges under local community based organization (CBO) Section 505(b) of the Penal Code, was that defends villagers’ rights in Phakant, denied bail by the Dagon Myothit Seikkan Kachin State. On October 2, he appealed the Township Court. Aung Ko Htway was charges against him at the Mohnyin District arrested by police on August 18, after a Court. lawsuit was filed against him by Lieutenant (14 November 2017 - Fortify Rights) Colonel Myo Myint Aung regarding an interview he gave to Radio Free Asia (RFA) Michael Kyaw Myint’s Prolonged Trial earlier in the month about his experiences Continues as a forcibly conscripted soldier in the On November 1, the first court hearing in military. At the court hearing, Captain, Thun Michael Myint’s trial at the Tamwe Naing, gave testimony as a witness. Aung Ko Township Court was adjourned and Htwe’s lawyer, Zaw Min Hlaing pleased to deferred until November 10 because the the judge that there was no evidence plaintiff, Moe Hein, asked for a leave of indicating that his client would run away absence. On November 10, his court hearing and should therefore be granted bail. Aung at the Tamwe Township Court was again Ko Htway’s 8th court hearing was adjourned due to the absence of the scheduled on November 23. Prosecution plaintiff, prolonging his trial once more. At a witnesses are expected to testify. hearing on November 20, plaintiff Moe Hein 09 November 2017 – RFA/Burmese NOVEMBER 2017 5 Bail Revoked for Ten Farmers by used by the Military would be returned to Taungoo District Court original owners and that farmers simply On November 17, the Taungoo District needed to show their ownership titles and Court revoked bail for ten farmers from crop tax receipts to have them returned to Taungoo Township, Bago Division who are them. However, many local farmers whose facing charges for removing stone pillars on lands were confiscated have not received land that was confiscated from them by the gotten their lands back. Taungoo Air Force Headquarters. On (18 November 2017 – The Voice/Burmese) October, 2016, they were charged for (20 November 2017 – The Voice/Burmese) trespassing under Section 447 of the Penal Code by the Taungoo Air Force Headquarters. Although they were arrested, they were granted bail. During their trial, the plaintiff appealed to the court to change their charges to Section 427 of the Penal Code. The Judge refused the charge but accepted to charge them under Section 6/1 of the Public Property Protection Act. In 1991, the Taungoo Air Force Headquarters confiscated 345.50 acres of land by an oral order to build an airport. The lands were owned by 59 local farmers from Ii Sot village, Taungoo Township. Farmers not only had ownership titles for the lands but also crop tax receipts. On October 20, their court hearing at the Taungoo Township Court was adjourned and deferred until December 5 due to the absence of the plaintiffs and lawyer. Although the lands were confiscated, not all of it was used by the Air Force, they were not returned to local farmers. Taungoo Air Force Headquarters rented the land to local farmers for cultivating. Later, the Air Force fenced off the land and banned farmers from cultivating on the lands. Land rights activist, Lay Naing, said that farmers staged a ploughing protest in July 2013 and that they intend to hold a Red Ribbon Campaign on November 20, 2017, opposing the decision of revoking bail for the defendants. This never happened however as the plaintiffs and their lawyer did not turn up at the office. The court hearing was rescheduled, and the Red Ribbon Campaign will happen then. After 2010, Commander in Chief, Senior General Min Aung Hlaing, and Officials of the Ministry of Defense stated that confiscated lands that were not NOVEMBER 2017 6 ▪ SENTENCES Interpreter, Driver, and Two Foreign the Myanmar Immigration Act for Journalists Sentenced overstaying their visas, which expired on On November 10, interpreter, Aung Naing November 17 while they were being Soe, and driver, Hla Tin, along with a pair of detained. The next court hearing is foreign journalists from Turkish media scheduled to take place on December 4. outlet TRT World, were sentenced to two (1 November 2017 - The Irrawaddy)(2 months imprisonment under Section 10 of November 2017- RFA/Burmese)(9 the 1934 Aircraft Act at the Zabuthiri November 2017- Mizzima/Burmese)(10 Township Court in Naypyidaw. Though the November 2017- RFA/Burmese)(10 four individuals were originally charged by November 2017-
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