A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
At court appearance on January 17, Ko Naung Naung and Daw Lay Lay activists who
supported the former child soldier were arrested for allegedly standing on a copy of the
2008 Constitution at a court appearance. They were charged under Section 505(b) and
Section 153 of the Penal Code for allegedly organising riot in the court and calling the judge
"a cow" and sentenced to one year and a half in prison by Dagon Seikkan township court on
September 11.
Additionally, Ma Nay Zar Tun (elder sister of Ko Aung Ko Htwe), political activist Ko Zaw Gyi
and Ma Khin Cho Naing who all had participated in a protest that supported Ko Aung Ko
Htwe were charged under Sections 505(b) and 153 of the Penal Code and Section 7 of Union
Seal Law for alleged sedition, organising riot and standing up on the constitution. Dagon
Seikkan township court decided to sentence Ma Nay Zar Tun to one year and the two others
to one year and a half on December 24.
2.4.4
Prosecutions of Anti-Government Protesters under Section 505(b)
U Kyaw Myo Shwe who was arrested for participating together with nationalist Buddhist
monks and civilians in a protest in Mandalay in 2017 was sentenced to one and a half years
in prison by Mandalay’s Chanmyathazi township court on July 25. Since U Kyaw Myo Shwe
was arrested on August 7, 2017, he already spent almost one year in Obo prison and needed
to stay for seven more months in prison when the court sentenced him. Six Buddhist monks
who also participated in the protest were sentenced to 16 months imprisonment with labour
in December 2017.
2.4.5
Daungdoh Myoset Thangyat Troupe Charged under
Both 505(b) and 66(d) for Criticising the Tatmadaw
Daungdoh Myoset (Peacock Generation) Thangyat troupe performed satirical Thangyat
criticising the situations of the current era in several townships during Thingyan festival in
April, 2019. Then the Tatmadaw sued the members of the troupe alleging the words they
recited during their performance damaged the reputation of the Tatmadaw and incited
discords within the Tatmadaw. Unlike other cases, more charges were added at other courts
in different townships during the trial process though the lawsuits started with only one
charge. Two 66(d) charges, two 505(a) charges, one 66(d) charge, three 505(b) charges were
added in Yangon Region. The troupe members are now serving a sentence of two and a half
years with labour for two charges under Section 505(a) of the Penal Code and two charges
under Section 66(d) of Telecommunications Law. Daungdoh Myoset members have stopped
defending for the remaining charge, protesting against the courts as they no longer believe
the judicial system.
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Chapter (2): Freedom of Expression