The sentences related to a series of peaceful protests in 2014 and 2015 held mainly in and around Pyay
Township, where Win Hlaing has been supporting farmers and local community members to protest against
the government and submit complaints to the authorities. He is currently serving a total of three years and
eight months in prison, and has at least three further cases under Section 18 pending. He is detained in Pyay
prison.
27 members of the Michaungkan community who were jailed in 2015 under Section 18 for protesting without
prior authorization. Members of the Michaungkan community claim that the military confiscated their land in
the early 1990s, and are calling for its return and for adequate compensation. The community had been
staging a peaceful sit-in protest next to Maha Bandoola Gardens in Yangon. They all have now been released,
either on completion of their sentences or as a result of a presidential prisoner amnesty.108
Naw Ohn Hla, San San Win (also known as Lay Lay), Sein Htwe, Nay Myo Zin, Tin Htut Paing and Than Swe,
human rights activists who were sentenced under multiple counts of protesting without permission under
Section 18 after they participated in a peaceful protest on 29 December 2014. They were calling for an
investigation into the death of a farmer who was killed when police opened fire on protesters at the
Letpadaung copper mine project in Sagaing Region, central Myanmar. All six are serving their sentences in
Insein prison in Yangon.109
Myo Min Min and Naing Htay Lwin, union leaders who were sentenced on 11 September 2015 to six months’
imprisonment under Section 18 and Section 19 after organizing and providing support to the striking garment
workers from factories in Yangon’s Shwe Pyi Thar Industrial Zone. They were also convicted of “incitement”
under 505(b) of the Penal Code, and are currently each serving a total of two and half years’ imprisonment in
Insein prison.
Lin Htet Naing, Nandar Sitt Aung, Kyaw Ko Ko, Win Kyaw Muu, Htet Khaing Soe and Po Po , student unionists
who were charged with a series of offences including under Section 18 for peacefully protesting without
permission in Yangon on 10 March 2015. They were protesting against the violent dispersal of a student
march earlier that day. All six are currently on trial at the Kamayut Township Court. Three are currently
detained in Insein prison, one is in hiding and another has been released on bail while the court case
continues.
In addition to using the law to arrest and imprison peaceful protesters, the Myanmar authorities also misuse
the law to charge solo protesters (that is, those who mount a one-person protest), in clear violation of its
provisions. Section 2 of the law states that a peaceful assembly and a peaceful procession refers to the
gathering of more than one person. As such, solo protests, and by extension solo protesters, are not covered
by the Peaceful Assembly Act. However, Amnesty International has documented numerous instances where
solo protesters have been charged under the law. For example:
Win Hlaing, was sentenced to two years and one month in prison after staging a solo protest outside
Tharawaddy Court calling for the release of detained students. He was charged with violating the terms under
which permission to protest was granted under Section 19, and sentenced to one month in prison, and with
incitement under Section 505(b) for which he received the maximum two years in prison. 110
Amnesty International, Prisoner amnesty marred by outrageous jailing of activist for Facebook post, 22 January 2016, available at:
https://www.amnesty.org/en/latest/news/2016/01/myanmar-prisoner-amnesty-marred-by-outrageous-jailing-of-activist-for-facebook-post/,
accessed 3 February 2016.
109
See Chapter 3, p18
110
For more detail on other charges against him, see box: Charged for peacefully protesting, p35
108
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
Amnesty International
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