A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
Significant Cases
2.4.1
The Tatmadaw’s Filing Lawsuits For Damaging Its Reputation
It was found that the Tatmadaw also committed many free speech violations through filing
lawsuits under the current government. The reason widely used in the Tatmadaw’s lawsuits
under Sections 505(a) and 505(b) is “damaging the reputation of the Tatmadaw” and
“defaming the Tatmadaw”.
Lieutenant Colonel Zaw Zaw of Kha Mout Gyi military camp in Kawthaung township
opened lawsuits on April 3, 2019 against advocate U Kyee Myint, former political prisoner
and poet Saw Wai and former military general U Nay Myo Zin at the township court for
their speech at a rally organised in Tanintharyi Region’s Kawthaung township to show
support for Constitution Amendment Joint Committee. Kawthaung township court
summoned the accused of three in December 2019 seven months after the rally. But the
lawyer and the poet were eachly granted 5,000,000 (five million Kyat) bail by the court on
February 3, 2020.
Lieutenant Colonel Toe Lwin of No.(1) Tatmadaw Special Training in Taikkyi township filed
a 505(a) charge against the political activist Nay Myo Zin alleging that he criticised the
morality of army leaders at a literature talk show organised on a lawn near the General
Aung San statue in Aphyout sub-township, Taikkyi township on April 1. The activist was
jailed for one year after facing trial in prison for more than five months.
The Tatmadaw also sued U Nay Myo Zin under Section 505(a) of the the Penal Code at KhinU township court of Sagaing Region and Wakema township court of Ayeyarwady Region
again. So, U Nay Myo Zin was sued at three courts that are hundred-miles far away from
each other but all decided he was convicted. He was sentenced to one year under Section
505(a) by Taikkyi court; one year under Section 505(a) and another one year under 505(b)
by Wakema court; and two years under Section 505(a) by Khin-U court.
The Tatmadaw open a lawsuit at Pyigyidagun township court in Mandalay against a
Buddhist monk called Myawaddy Min Gyi Sayadaw Ashin Ariya Vamsa Bivamsa under
Section 505(b) and criminal defamation Section 500 of the Penal Code alleging his speech in
a media interview besmirched the Tatmadaw. The accused was charged under Section 500
on October 24.
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Chapter (2): Freedom of Expression