3.3 CREATING AND MAINTAINING A CLIMATE OF FEAR The Myanmar authorities also use politically motivated charges and the fear of arrest in a way that creates and maintains a climate of fear among human rights defenders and activists. This includes charging activists months after a protest took place or creating uncertainty as to whether they have actually been charged at all. As a result, the threat of arrest constantly hangs over their heads, forcing human rights defenders and others to exercise caution when undertaking their activities. CHARGED MONTHS OR YEARS AFTER THE EVENT “I was surprised [by the charge] because it came six month after the protest. We have done protests like this in the past, I didn’t understand, why now? Why this case?” Journalist charged for participating in a peaceful protest six months after it took place.70 Amnesty International is concerned by several cases in which human rights defenders and other political activists have been charged many months, in some cases years, after the alleged offence took place.  Myat Nu Khaing, a medical doctor and independent election candidate, was arrested in October 2015 for participating in a peaceful protest 10 months earlier. She had attended the peaceful demonstration outside the Chinese Embassy in Yangon on 29 December 2014. Although six other protesters, including leaders, were arrested, Myat Nu Khaing was not. Instead she continued her work before seeking election as a Parliamentary candidate for Phyu Township, Bago Region. She was arrested on 17 October 2015, just weeks ahead of the election. She has been charged with five different offences and is currently detained in Insein prison. 71  Shwe Hmone, a Yangon-based journalist organized a prayer protest calling for the release of imprisoned media workers on 2 November 2014. Shwe Hmone and some 50 others peacefully circled Yangon’s Sule pagoda and offered prayers for the detained journalists. One activist read a poem. Although police were present, no action was taken. It wasn’t until six months later on 16 May 2015 that she learned she had been charged under Section 19 of the Peaceful Assembly Act. On 18 December 2015, a Yangon court found her guilty and sentenced her to 15 days in prison or a 10,000 kyat (US$10) fine. She chose to pay the fine.  Naw Ohn Hla, a leading civil society activist was charged on 10 December 2013 for organizing a prayer ceremony calling for the release of Aung San Suu Kyi and all other prisoners of conscience six years earlier on 29 September 2007. She was charged with disturbing a religious ceremony under Section 296 of the Penal Code.72 On 26 June 2015, the Dagon Township Court in Yangon sentenced her to six months’ imprisonment.73 The constant threat that they could be charged for activities which took place months or even years ago instils a climate of fear among activists and human rights defenders. As one human rights activist told Amnesty International: “It was so obvious when they charged Naw Ohn Hla for the Shwedagon Pagoda case. It showed – if they want to arrest and imprison us - they can.”74 Amnesty International interview, Yangon, 25 June 2015. See Chapter 3. Charging with multiple offences, p17 72 Section 296 of the Penal Code states: “Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.” 73 See Chapter 3, Multiple charges in multiple townships, p18 74 Amnesty International interview with Moe Thway, former prisoner of conscience and President of Generation Wave, Yangon, June 2015. 70 71 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 27