MAY CHRONOLOGY 2017 Summary of the Current Situation: There are 249 individuals oppressed in Burma due to political activities, 40 political prisoners are serving prison sentences, 87 are awaiting trial inside prison, 122 are awaiting trial outside Picture from Irrawaddy ©2017 prison. Accessed May 2017 FOR WEBSITE CLICK HERE; FOR TWITTER CLICK HERE; FOR FACEBOOK CLICK HERE MAY 2017 1 Table of Contents POLITICAL PRISONERS ............................................................................. 3 ▪ CHARGES ................................................................................................ 3 ▪ TRIALS ..................................................................................................... 4 ▪ SENTENCES ........................................................................................... 5 ▪ RELEASES ............................................................................................... 7 ▪ FORMER POLITICAL PRISONERS ................................................. 9 RESTRICTIONS ON CIVIL AND POLITICAL RIGHTS .................... 10 LEGISLATION AND POLICY DEVELOPMENTS ............................... 16 REFERENCES ............................................................................................... 19 MAY 2017 2 POLITICAL PRISONERS ▪ CHARGES for May 19. AAPP will provide follow up information as and when we receive it. (17 May 2017 - Lin Htet Naing’s Facebook Two Students Prosecuted by Pathein Account/Burmese) Township Court for Defamation On May 12, two students named Aung Khant Zaw and Myat Thu Htet, were prosecuted under Section 500 of the Penal Code by the Pathein Township Court for defaming the military. Pathein Township Court Judge Win Aung decided to drop the charges against the seven other students. On January 17, the Army sued these nine students for defamation after they staged a drama critical of the armed clashes between ethnic groups and the military, during a peace discussion at The Bassein Hotel in Pathein, Irrawaddy Division. The complaint was filed by General Staff Officer Lieutenant Colonel Aung Myo Khaing with the Pathein Township Court, claiming that the drama played by the students damaged the reputation of the Army and their families. The court hearing is scheduled on May 18. AAPP will report on the outcome of this hearing when the information is verified. (12 May 2017 – RFA/Burmese) (12 May 2017- Irrawaddy/Burmese) Charges against ABSFU Leader Continue Charges against leader of the All Burma Federation Student Union (ABSFU) Lin Htet Naing, will not be dropped, announced the plaintiff immigration officer. The charges were filed after a contentious arrest in December 2016. During the arrest, the immigration officer discovered that Lin Htet Naing was carrying identification that was not his, and filed charges under Section 420 of the Penal Code for cheating. Lin Htet Naing was granted political amnesty in April 2016, and was released. It was expected that the charges under 420 of the Penal Code would also be dropped, but they were not. The next court hearing was scheduled MAY 2017 3 ▪ TRIALS Two Baptist Church Officials Sent to Lashio Prison On May 6, the two Baptist Church officials named Naung Lat and Gam Seng who were arrested in December 2016 in Mong Ko Township, Kachin State, were transferred from Muse Township Police Station to Lashio Prison, Northern Shan State. On May 9, the two men appeared before the Lashio Township Court, where their trial had also been transferred. As some of the ten prosecution witnesses did not come to the hearing, the trial was postponed to May 17. Naung Lat and Gam Seng were arbitrarily taken into custody on December 24, 2016 and kept in secret detention for almost a month until January 19 when the Army confirmed their arrest and detention. On January 24, they were finally transferred to the Muse Police Station, Shan State, for formal investigation under Sections 17/1 and 17/2 of the Unlawful Associations Act. They were alleged to be providing information, recruiting troops, and transporting fuel to the Kachin Independence Army (KIA). On February 7, the Muse Township Court confirmed the charges under Section 17/1 of the Unlawful Associations Act and Section 8 of the Export and Import Law. On March 6, 2017, Naung Lat was additionally charged under Section 500 of the Penal Code for defaming the military. (10 May 2017 – Mizzima/Burmese) MAY 2017 4 ▪ SENTENCES months in prison under Section 427 of the Penal Code for trespass and mischief causing damage respectively. The case was Medical Student Pays K30,000 Fine for dropped against the other four farmers. The Protesting Civil War defendants have been facing trial since On May 2, medical student Nyan Myo Aung, August 2016, when a businessman named from Magwe Medical University, was given Soe Thein charged them at the Naung Cho a K30,000 (US$22) fine by Magwe Township Court for destroying his fence. In Township Court for protesting in front of 1992, 242 acres of lands, which were owned Magwe City Hall on February 4, holding a by the farmers in Kone Mone Village, were placard stating ‘End Civil Wars Right Now!’. confiscated under the military regime for In response to the verdict, Nyan Myo Aung implementing a coffee project. The project added that he is also protesting the was however abandoned and the seized restriction of freedom of expression and lands were instead given to businessmen. speech. He furthermore criticizes As the lands were neither cultivated nor university regulations that forbid students fenced by the businessmen, the farmers to participate in politics. decided to use them. (2 May 2017 - Myanmar Times/Burmese) (11 May 2017 – RFA/Burmese) (3 May 2017 - Myanmar Times) Woman Sentenced Under Article 66(d) A Man Sentenced to Six Months for Insulting the State Counselor Imprisonment for Defaming State On May 26, a woman named Sandi Myint Counselor Aung was sentenced to six months in prison On May 9, Nwe Oo Ko Ko was sentenced to by a Bago Division Court under Article 66(d) six months imprisonment by the Pathein of the Telecommunications Law. On Township Court under Section 66(d) of the October 28, 2016, Lin Lei Lei Hlaing filed a Telecommunications Law for a defamatory complaint against the defendant for sharing post against the State Counselor Daw Aung Facebook posts deemed insulting to State San Suu Kyi and the National League for Counselor Daw Aung San Suu Kyi. Sandi Democracy (NLD). Plaintiff Aye Aye Aung Myint was arrested on November 29 by the noticed a defamatory Facebook post on police and released on bail on December 26. February 24, and filed a complaint against (26 May 2017 - Irrawaddy) (26 May 2017 - Sandar Myint, the alleged owner of the said Irrawaddy/Burmese) (26 May 2017 - Facebook account, and her husband Nwe Oo RFA/Burmese) (26 May 2017 - 7 Day Ko Ko on February 26 at the Chaungtha Daily/Burmese) Township, Irrawaddy Division police station. Arrest followed on February 27. Six Villagers Given Prison Time for Charges against Sandar Myint were Trespassing in Arakan State dropped. On May 26, six villagers from Southern (10 May 2017 – The Voice/Burmese) Arakan State were sentenced to one month in prison by Pauktaw Township Court Eight Farmers Sentenced to Four Months under Section 447 of the Penal Code for Imprisonment criminal trespass. In early May, residents On May 11, eight out of a total of twelve from Let Pan Pyar Village in Pauktaw farmers from Kone Mone Village and Bant Township, Arakan State, built several huts Bway Village Tract in Naung Cho Township, on what they thought was vacant land. The Northern Shan State, were sentenced to one village administrator Aung Kyaw Nyunt month imprisonment under Section 447 of later filed a complaint against them for the Penal Code and to an additional three using government pastureland. According MAY 2017 5 to him, the land in question was needed to support local families. Defendant Khin Oo Maung claimed that the villagers had received permission from the official before erecting the houses. (29 May 2017 - Burma News International/Burmese) (31 May 2017 - Burma News International) MAY 2017 6 ▪ RELEASES On May 9, the four Mandalay student activists arrested last month for protesting against Burma’s education system in front Former ABFSU Student Arrested in of the Department of Higher Education, Mandalay and Released on Bail were sentenced to a total of four months On May 11, former political prisoner and imprisonment by the Chanayethazan former student of the All Burma Federation Township Court, Mandalay Division. Kaung of Student Unions (ABFSU) Than Htike was Zaw Hein, Zaw Ye Htut, Hnin Aung and Ye arrested by officers from the Min Hla Myo Swe were sentenced to three months in prison under Article 19 of the Peaceful Township Police Station, Mandalay Division, under 228 of the Penal Code for Procession and Peaceful Assembly Act and interrupting a public servant sitting judicial to an additional 30 days under Section 228 proceeding. On September 1, 2016, Than of the Penal Code for disrespecting the court Htike was found in contempt of court while after they boycotted their trial on April 28 he was facing trial over a Letpadaung and chanted political songs during the Copper Mine Protest. As he has not hearings. For the latter charge, the appeared in court since November 2016, he defendants were given the choice of a was arrested on May 11 for breaching his K20,000 (US$15) fine or one-month bail. He appeared before the court on May imprisonment. They chose the jail time. The 17 and was granted bail again. His