Although human rights lawyers told Amnesty International that they do challenge the legality of this tactic in court, judges usually fail to respond. One lawyer remarked: “Of course we raise with the judge that law does not allow it. But the judges are totally silent. They just follow orders from above.”37 ELEVEN CHARGES IN ELEVEN COURTS: THE CASE OF HTIN KYAW Htin Kyaw is the leader of the community-based organization the Movement for Democratic Current Force (MDCF) and is currently serving a sentence of 13 years and 10 months’ imprisonment. In April and May 2014 Htin Kyaw distributed leaflets in different townships throughout Yangon criticizing the Myanmar government and calling on members of parliament to resign. He was arrested while doing so in South Okkalapa Township at 9am on 5 May 2014 and subsequently charged under Section 505(b) of the Penal Code. However, Htin Kyaw was not charged solely in South Okkalapa Township, but in all 11 townships in which he distributed leaflets. As a result, between 23 June and 30 October 2014, Htin Kyaw was sentenced to a total of 12 years and six months’ imprisonment under Section 505(b) by 11 different Yangon courts for distributing leaflets.38 He was also sentenced for violating Section 18 of the Peaceful Assembly Act, charges stemming from his involvement in a series of peaceful protests. He is currently serving a total of 13 years and 10 months’ imprisonment in Insein prison in Yangon. USE OF NON-BAILABLE OFFENCES “More and more people are charged with [Section] 505(b). They [the authorities] don‘t want activists out, free to keep doing their activities, so they use non-bailable charges to make sure they stay in jail.” Former prisoner of conscience and member of the Assistance Association for Political Prisoners (Burma). 39 Since the beginning of 2014, Amnesty International has observed an alarming increase in the number of cases which feature charges for “incitement” under Section 505(b) of the Penal Code. Section 505(b) had been regularly used by the military government between 2006 and 2010 to imprison peaceful political activists and other dissidents;40 however use of the provision became less common in the early years of the reform process (2011-2013). Section 505(b) is a non-bailable offence.41 Under Myanmar law, any person accused under Section 505(b) (or any other non-bailable offence), must be taken into custody, although they can later be granted bail if they are under the age of 16, are female, are sick or infirm and as long as there are no “reasonable grounds” to believe they have committed a crime which carries the death penalty or a sentence of life imprisonment. 42 Amnesty International interview with human rights lawyer, October 2015. On 23 June 2014 South Okkalapa Township Court sentenced Htin Kyaw to six months in prison; 21 July 2014 Eastern Dagon Township Court sentenced him to one year in prison; 21 July 2014 Northern Dagon Township Court sentenced him to one year in prison; 1 August 2014 Southern Dagon Township Court sentenced him to one year in prison; 5 August 2014 Thingangyun Township Court sentenced him to one year in prison; 11 August Mayangone Township Court sentenced him to one year in prison; 15 August 2014 Hlaingthaya Township Court sentenced him to one year in prison; 19 August 2014 Dagon Seikkan Township Court sentenced him to one year in prison; 3 September 2014 North Okkalapa Township Court sentenced him to one year in prison; 11 September 2014 Shwe Pyi Thar Township Court sentenced him to two years in prison; 30 October 2014 Kyauktada Township Court sentenced him to two years in prison. 39 Amnesty International interview, Yangon, June 2015. 40 See Amnesty International, Myanmar Submission to the UN Universal Periodic Review Tenth session of the UPR Working Group of the Human Rights Council January 2011 (Index: ASA 16/008/2010), 5 July 2010, p4; and Human Rights Watch, “I Want to Help My Own People” State Control and Civil Society in Burma after Cyclone Nargis, 28 April 2010. 41 See Myanmar Code of Criminal Procedure, Schedule II: Tabular Statement of offences. 42 Code of Criminal Procedure, Section 497. 37 38 NEW EXPRESSION MEETS OLD REPRESSION ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR Amnesty International 19