ARBITRARY DETENTION
Most if not all of the cases involving journalists were arbitrary and therefore a violation
of the right to liberty under international law.12 Journalists were not informed of the
reasons for their detention, there were no grounds for detention, the grounds for
detention were illegal, the procedural rights of the journalist were not respected, or the
journalist was not brought before a judge in a reasonable amount of time. The arbitrary
deprivation of journalists’ liberty has been declared a “crime against freedom of
expression” by United Nations mechanisms.13 Arbitrary detention could in some cases
be considered a war crime.14
The military did not abide by either global due process standards or Myanmar’s own
procedural laws and rules throughout the process of detaining journalists.15 Detained
journalists were never brought before a court in their initial period of detention and had
no access to a lawyer. Each journalist was usually held in a police station immediately
after being detained before being taken away to a military interrogation center. Their
colleagues and families were often unaware of where they had been taken or why. Each
journalist was held in a military interrogation center for a period lasting between two
days to two weeks before being transferred to prison. Journalists were incarcerated
nationwide but with concentrations in Insein Prison in Yangon (33%), as well as Ohbo
Prison in Mandalay, Myitkyina Prison in Kachin, Pathein Prison in Ayeyarwady, Taung
Lay Lone Prison in Shan, and Thayarwaddy Prison in Bago (27% combined).
Some journalists’ family members were detained too, either to force a journalist at large
to hand themselves in or to pressure a detained journalist to confess to a crime. In at
least two cases, the military detained journalists’ young children, interrogating them
for several days.16 The military also threatened to harm captured journalists’ families
if the journalist did not confess and help with investigations into other journalists,
sources, and networks.17
TARGETING JOURNALISM
The military used arbitrary detentions in an effort to attack journalists with the aim
of censoring all media coverage critical of the coup. The following table shows that in
most cases in which a journalist was deprived of their liberty, there was probable cause
to believe that the journalist was very likely targeted because they were a journalist
12 International Covenant on Civil and Political Rights, Art. 9.
13 United Nations Office for the High Commissioner for Human Rights (2012), “Joint Declaration on crimes against freedom of
expression”.
14 See: Rome Statute of the International Criminal Court, Art. 8 for war crimes, and Art. 7 for crimes against humanity. See also:
United Nations Human Rights Committee (2011), “General Comment No. 34”, paragraph 23.
15 For further information about the judicial system under the military, see: FEM (2023), “Myanmar military’s ���justice’ system”.
16 Myanmar Now (2021), “Junta forces in Yangon detain and interrogate journalist’s 7-year-old daughter”.
17 Radio Free Asia (2023), “The reporter who went through the hell of the interrogation room”.
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