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Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

Letter from Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar Seven members of the Peacock Generation—Kay Khine Tun, Zayar Lwin, Paing Pyo Min, Paing Ye Thu, Zaw Lin Htut, Su Yadanar Myint and Nyein Chan Soe —were arrested in April and May 2019 after they performed Thangyat, a traditional performance […]

In Myanmar, Courts Increasingly Used to Silence Criticism of Military and Govt

November 4, 2019/in News

By SAN YAMIN AUNG 1 November 2019 YANGON—Activists, human rights defenders, journalists and ordinary citizens face a growing threat of imprisonment for voicing opinions critical of the Myanmar army and government. Laws that criminalize various types of expression have been used to put several critics of the government and military—especially those who challenge the military-drafted 2008 Constitution […]

Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

In Myanmar, Courts Increasingly Used to Silence Criticism of Military and Govt

November 4, 2019/in News

Full Sized Blog Element (Big Preview Pic)

Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

Letter from Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar

Seven members of the Peacock Generation—Kay Khine Tun, Zayar Lwin, Paing Pyo Min, Paing Ye Thu, Zaw Lin Htut, Su Yadanar Myint and Nyein Chan Soe —were arrested in April and May 2019 after they performed Thangyat, a traditional performance art akin to slam poetry during the Thingyan Water Festival in April. On 30 October 2019, five of them were convicted under Section 505 (a) of Myanmar’s Penal Code at Mayangon Township Court in Yangon, Myanmar’s largest city, and sentenced to one year in prison. Section 505 (a) of the Penal Code prohibits the circulation of statements and reports with the intent to cause officers or soldiers in the Myanmar Armed Forces to mutiny or otherwise disregard or fail in their duties

For livestreaming performances on Facebook, Zay Yar Lwin, Paing Phyo Min, Paing Ye Thu, Su Yadanar Myint and Nyein Chan Soe also face charges under Section 66 (d) of the Telecommunication Act for “online defamation”.

Members of the Peacock Generation are facing the same charges in five other townships in Yangon and Ayerwaddy Region where they have performed Thangyat and face a possible 19 years imprisonment. Below is their letter from jail:

We are writing to you from the cells of Insein Prison, the notorious and largest prison in Myanmar. The seven of us were sued by the military and arrested after we performed the Thangyat, a traditional performance criticising the military. We were convicted and sentenced to one year in prison by one court out of six and facing possible 19 years imprisonment.We knew we could face risks and the military had noticed our group for a year and were preparing to take action against us. So instead of just avoiding it, we decided to be more critical in our lyrics when we performed, and action was taken against us. Our senior activists had also been critical of the military and now its our time to do so.

When we heard of the charges, we went to the police station to allow them to detain us. We are also experienced with jails. First the military sued us in Mayangone and Botahtaung Townships, and later military in Pathein, Dedaye, Pyapon, Maupin townships from Ayeyarwaddy Regions also sued us under 505(a) and 66(d). When they sue us, it was not just one time. They sued us at different times and intentionally delayed the verdict process. Those court processes in Ayeyarwaddy Region have not yet begun. That means they want to lock up us for a long time. It’s already been 6 months and only one verdict is out. And only two courts hearings are done.

We believe its not fair as even before the court decided on our innocence, we were already in jail as criminals. Mentally it is hurting for those who are locked up in jail. We are trying to pass the days because we have strong beliefs, but it is difficult for others to be in jail.

They have convicted us with no strong evidence. This is not a fair case. Because it is a case against the military, whatever we do, we will definitely be sentenced. Because in my country, nobody is treated fairly and equally by the law when the case is against military. We believe we didn’t commit a crime by performing Thangyat. This is the case of criticizing and resisting an oppressive institution – the military. We will never be silenced just because they jailed us or sentenced us this way.

We will keep criticizing and pointing out the flawed system in different ways because it is important for us to amend the constitution and to get the military out of politics so that we can pursue genuine democracy in Myanmar.

Thankfully we have people supporting us mentally and physically. They are all our colleagues, students, friends and families. Because of those support, we can stand these days. Lawyers support us legally.

When we talk about freedom of expression, there very little space and we still have to work a lot to have that freedom. We understand that our rights shouldn’t harm others. We admit we strongly criticized the military, but why we were criticizing them strongly was because military leaders and their institution have obtained power unfairly and are harming our own people. Freedom of expression in Myanmar is like a tortoise trying to get carried by a flying stick held by two crows on both ends. We can talk about freedom of expression, but if we really express ourselves, we can get jailed. That’s the current situation.

To all the international organizations and institutions that want to help “democracy” in Myanmar, do whatever you can to help us please. The important thing is to influence the military. Only by influencing them, we can help them move in the right direction or else, things will get worse in future. Please speak up more for the situation in Myanmar.

Instead of asking you to specifically to help our case, we want to ask if you help democracy and politics in Myanmar, and when it is improved, we will be part of the journey too. There are many others who are currently jailed in Myanmar. Thank you for your support and solidarity near and far and for helping change our country.

Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar

Translated by Thinzar Shunlei Yi a Youth Advocate and Activist from Myanmar

CIVICUS

In Myanmar, Courts Increasingly Used to Silence Criticism of Military and Govt

November 4, 2019/in News

By SAN YAMIN AUNG 1 November 2019

YANGON—Activists, human rights defenders, journalists and ordinary citizens face a growing threat of imprisonment for voicing opinions critical of the Myanmar army and government.

Laws that criminalize various types of expression have been used to put several critics of the government and military—especially those who challenge the military-drafted 2008 Constitution and the military’s role in politics—behind bars in recent months.

In the most recent case, five members of the Peacock Generation Thangyat troupe sued by the military were sentenced to one year in prison with labor on Wednesday over satirical performances they staged criticizing the political role granted to the military by the undemocratic 2008 charter, leading to their arrests in April. Thangyat is a popular traditional Myanmar performance art that often involves political satire.

The troupe’s members face additional charges filed by the military in a number of different townships outside of Yangon where they staged performances.

By SAN YAMIN AUNG 1 November 2019

YANGON—Activists, human rights defenders, journalists and ordinary citizens face a growing threat of imprisonment for voicing opinions critical of the Myanmar army and government.

The troupe’s members face additional charges filed by the military in a number of different townships outside of Yangon where they staged performances.

Military plaintiff Lieutenant Colonel Than Htun Myint is seen at Mayangone Township Court in Yangon on Wednesday. / Aung Kyaw Htet / The Irrawaddy

The military plaintiff in the case, Lieutenant Colonel Than Htun Myint, told the media on Wednesday that people should not be allowed to hide behind the banner of “human rights” while criticizing members of the military, who he said are fighting on the front lines and sacrificing their lives for the country.

”We applied directly to the court in this case, as we wanted justice. We accept the legal judgment,” he added.

Since April, at least a dozen people have been targeted by lawsuits filed by the military; some have already been sentenced to prison.

Among them are prominent filmmaker and human rights activist Min Htin Ko Ko Gyi and ex-army Captain U Nay Myo Zin. Both were sentenced to one year’s imprisonment under Article 505(a) of the Penal Code—the same charge used to jail the Peacock Thangyat troupe— for criticizing the undemocratic Constitution, the military leadership and its involvement in politics.

The non-bailable offense carries a penalty of up to two years’ imprisonment for anyone convicted of making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties.

Other targets include two local monks in Mandalay, a writer who gave a speech at a public rally in Tanintharyi Region in support of constitutional amendment, a farmer from Tanintharyi Region who questioned land confiscation by the military and the editor of The Irrawaddy’s Burmese-language edition.

On Thursday, a court in Kawthaung Township of Tanintharyi Region also accepted cases filed by the military against U Nay Myo Zin, lawyer U Kyee Myint and poet Saw Wai under Article 505(a). The trio were sued over speeches they made in April at a public rally in the township criticizing the Constitution.

U Min Htin Ko Ko Gyi appears outside court after being sentenced to a year in prison. / Myo Min Soe / The Irrawaddy

Maung Saungkha of the freedom of expression advocacy group Athan said the group had seen a surge in the number of lawsuits brought by the military against critics since April.

He believed the increasing number of lawsuits stemmed from political pressure arising from the ruling National League for Democracy (NLD)’s attempts to amend the Constitution in Parliament.

Speaking to The Irrawaddy in July, military spokesperson Brigadier-General Zaw Min Tun denied the increase in the number of cases was politically motivated. Rather, he said it simply reflected an increase in the number of people defaming the military.

“We wouldn’t have a reason to sue if they weren’t insulting the military. As an institution, the military has a right to defend its dignity. If someone harms it, we need to take action against them,” he said.

Maung Saungkha added that while the military has long been known as intolerant of criticism, the democratic government is not far behind it in terms of willingness to sue critics.

He said lawmakers and government officials are also using defamation and other laws that criminalize expression to stifle criticism of the state, state leaders or individuals.

U Nay Myo Zin at the Taikkyi Township Court in Yangon on Sept. 20 after being sentenced to a year in prison. / Aung Kyaw Htet / The Irrawaddy

According to a report by Athan, between late 2013 and June 2019 officials filed 27 defamation cases against perceived critics under the Telecommunications Law, while the military filed 16.

Maung Saungkha said government officials have also filed defamation and incitement charges under the Law Protecting the Privacy and Security of Citizens, and Articles 500, 505 and 124(a) of the Penal Code.

In June this year, six Karenni youths who were in a dispute with the Kayah State government regarding the installation of a controversial statue of General Aung San in Loikaw were arrested after being sued by the state government under the Law Protecting the Privacy and Security of Citizens. They are currently on trial.

“It has become a very dangerous situation for all activists, politicians and human rights defenders. We face arrest at any time for our stands and our comments,” Maung Saungkha said.

Ko Bo Kyi, secretary of the Assistance Association for Political Prisoners (AAPP), said the recent series of arrests is having a chilling effect on would-be critics of the government and military.

“They are spreading fear with the intention of silencing their critics,” a former political prisoner said.

If it truly respects democracy and human rights, the government should use its majority in Parliament to review, amend or repeal those laws and legal provisions that criminalize criticism of the authorities, he added.

Irrawaddy News

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ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.

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