January 2015

Summary of the current

Situation

Picture from Irrawaddy 2015 Accessed on February 11, 2015

January, 2015
Table of Contents
Month in Review
Detentions
Incarcerations
Releases
Conditions of Detentions
Demonstrations and Related Restrictions on
Political and Civil Liberties
Restrictions on Former Political Prisoners
Key International and Domestic Developments
Conclusions and Analysis
Links
There can be no national reconciliation in Burma, as long as
there are political prisoners

As of the end of January, there

are 159 political prisoners
incarcerated in Burma, with 213
activists currently awaiting trial
for
political
actions.
The
Peaceful Assembly and Peaceful
Procession Act continues to be
used in an attempt to silence
those critical of the current
regime.
This
month
the
controversial law has been
criticized by a well known
international
human
rights
group. January once again saw
the death of innocent civilians.
The recent increase in the death
of civilians is a worrying sign
that the promised reforms to
human rights will not be
fulfilled.

January 2015

MONTH IN REVIEW
To start the year, President Thein Sein and other
high level government officials have commented
on the continued reform process in the country
and spoke categorically on the continued release of
prisoners of conscience and the promotion of
human rights such as freedom of expression. It
remains to be seen if all of these promises will be
upheld but the 159 political prisoners who are
currently imprisoned and the 213 people that are
awaiting trial as well as the governments failure to
sign important international human rights
conventions, do not lend any credibility to the
comments made.
The Myanmar National Human Rights
Commission found that the police were at fault for
the death of Khin Win, a protester who was killed
during a protest over the controversial Letpadaung
Copper Mine. The statement by the MNHRC notes
that several steps used in order to disperse crowds
were skipped by the police before they began to
open fire.

change was made so that the cases of political

prisoners who were arrested after the creation
of the committee could be reviewed. The
previous title contained the word remaining,
which limited the cases it was able to take on.
It is also worth noting that AAPP has been left
out of the committee without any official
reason. The move has been criticized by Ye
Aung, a member of the previous committee. He
said [AAPP] are good at collecting facts,
theyre experienced and they drew up the list of
prisoners and their exclusion is problematic.
The government has said that the reason for the
exclusion will be provided at the new
committees first meeting.

The National Education Bill also came to the

forefront this month with hundreds of students
planning a march from Mandalay to Rangoon
in protest over the bill, which they believe gives
too much power to the government. The march
was met with heightened police activity and
The murder of two Kachin teachers, Maran Lu Ra eventually led to the government agreeing to
and Tangbau Hkawn Nan Tsin, who were allegedly four-way talks with the students in Nay Pyi
raped and killed by members of the Burmese Army Daw on February 1 where the students will be
on January 19th and 20th has once again put
able to share their list of 11 demands
human rights violations into the spotlight. Police
concerning the bill
were sent to the scene of the crime and have
started preliminary investigations, but even
Finally, Brang Shawng, the father who has
though there have been many calls from both
accused the Burmese military of being behind
domestic and international bodies; an official
the murder of his daughter faces jail time after
government investigation has yet to be initiated.
the doctor who was able to testify was
On January 29th the army released a statement
transferred and the original judge was replaced
where it denied any responsibility in the murders
by a another who ruled against Brang Shwang
and the Defense Ministry warned that legal action even in the midst of evidence that supports his
will be taken against anyone claiming the army
case.
killed the teachers. Allegations that the army
(1 January 2015 - Global New Light of
attempted to provide monetary compensation to
Myanmar) (3 January 2015 - Global New Light
the familys further adds to the suspicion.
of Myanmar) (15 January 2015 - Irrawaddy)
(20 January 2015 - The Irrawaddy) (27 January
The month also saw the reconstituting of the
2015 - DVB) (27 January 2015 - The Irrawaddy)
Committee for Scrutinizing the Remaining
(29 January 2015 - DVB) (6 January 2015 Political Prisoners to The Prisoners of Conscience Global New Light of Myanmar) (7 January 2015
Affairs Committee. According to Thein Sein, the
- Eleven) (9 January 2015 - Myanmar Times)
(7 January 2015 - Burma News International)
2

January 2015

DETENTIONS
Solo Protester Arrested for Demanding
Return of Land
Protester Ko Saw Wae was detained and
arrested after he demonstrated holding a
placard and wearing a shirt which said Give
Back Our Land. He demanded that local
authorities return the land, near Ngapali beach,
which they confiscated from local farmers in
order to build a hotel chain. According to
Narinjara News the land confiscator was the
Major General Win Myint, a former commander
of Western Command, and no one was paid any
compensation for the land.
(22 January 2015 - Narinjara News)
Two More Letpadaung Mine Protesters
Arrested
Six protesters of the Letpadaung Copper Mine, a
Chinese backed mining company supposedly
guilty of land-grabbing and environmental
damage, have been prosecuted with offences
such as harming the image of the nation and
obstructing police and may be facing up to five
years in prison. An additional charge was laid
on the activists under the controversial Article
18 Peaceful Assembly and Peaceful Association
Act. Aside from the six, one more protester has
been charged and the police are looking for
additional evidence against them. The
protesters held small yet regular protests
outside of the Chinese embassy in Rangoon
after police opened fire on protesters who were
trying to halt the companys plans of building a
fence on territory which is disputed with local
farmers. The violent action taken by the police
would lead to the death of one of the protesters,
Khin Win.
(14 January 2015 - Mizzima) (15 January 2015 DVB) (15 January - Eleven) (20 January 2015 The Irrawaddy)

January 2015

INCARCERATIONS
Phyu Hnin Htwe Supporter Sent to
Prison
Tin Mar Ye, a supporter of Phyu Hnin Htwe, the
student activist who spent one month in
Monywa Prison after being charged with
kidnapping two workers from Chinese company
Wanbao Mining Ltd, was given a one month
prison sentence on January seventh for publicly
showing support for Phyu Hnin Htwe. She was
charged under Article 18 of the Peaceful
Assembly and Peaceful Procession act, which
doesnt allow for protest without prior
permission from the local authority. She, along
with several others, walked to Maha Myat Muni
pagoda in Mandalay and prayed for the release
of Phyu Hnin Htwe. Out of the 50 people who
were there, she is the only one who was charged
under Section 18.
(8 January 2015 - DVB) (8 January 2015 Irrawaddy)

January 2015

RELEASES
Dr. Tun Aung Released
The prominent doctor who was sentenced to 17
years in prison after trying to calm rioters
during sectarian violence in western Burma has
been released. Tun Aung received wide
international attention after he was wrongfully
accused of inciting violence between Rohingya
Muslims and Arakanese Buddhists even though
witnesses claim that the doctor was approached
by authorities and told to try to intervene and
calm the violence. According to a brief interview
Dr. Tun Aung said that Congressman Mr. Aaron
Schock aided in his release and thanked the
Prague Freedom Foundation for its efforts.
(20 January 2015 - The Irrawaddy) (20 January
2015 - Mizzima)

January 2015

CONDITIONS OF DETENTIONS
Detained lawyer on hunger strike
Zaw Win, a high court lawyer, who has been in
Obo prison since August 2014 for giving
assistance to land rights activists has gone on
hunger strike. The strike began on January 30
when the police superintendent was absent
from his court hearing. Zaw Win demanded
that he be released on bail if the
superintendent didnt show up. the officer
didnt show and he was released on bail under
section 18 of the Peaceful Assembly and
Peaceful Procession Act, but was immediately
rearrested under section 505(b) of the penal
code and sent back to Obo Prison. He has been
on hunger strike since and his wife, San Kyi
Thar, was denied the opportunity to visit him
due to his being on strike. She says that he is
suffering from liver and kidney problems.
(31 January 2015 - RFA/Burmese)
Activists Plan Hunger Strike in
Response to Bail Rejections
On
January 27, 2014 activists who were charged
and detained after the protest in front of
Chinese Embassy in Rangoon, said at the
hearing in Dagaon Township court that they
plan to stage a hunger strike starting January
27 after being rejected bail numerous times.
Seven activists including Naw Ohn Hla, Nay
Myo Zin, Sein Htay, San San Win (aka) Lay
Lay, Tin Htut Paing and Than Swe have been
tried at the Dagaon Township court under five
different sections of law including Section 353
and 505 (b) of the Penal Code, even though the
activists claim that Section 505 (b) is not
related to their case. According to lawyer
Robert San Aung, bail was rejected at the third
court hearing on January 27 as well as the
following bail request. The next court hearing
is scheduled for February 2.
(27 January 2015 - DVB/Burmese)

Former NLD Member Denied

Bail Again
Writer Htin Lin Oo has been denied
bail for a fourth time according to his
lawyer. The former NLD member gave
a speech on October 23, 2014 where
he decried Buddhist extremism and
nationalism. He is being charged
under Section 295 of the Penal Code
which prohibits malicious acts
intending to outrage religious feelings
and Section 298 which prohibits
saying words with intent to wound
religious feelings. His next trial was
scheduled for January 15, 2015 and his
lawyer is looking to have a change in
venue. He said Some Ma Ba Tha
monks came to the court and shouted
put him in jail, so we worry about the
case and asked to change the court.
(9 January 2015 - Mizzima)

January 2015

DEMONSTRATIONS AND RELATED RESTRICTIONS ON

POLITICAL AND CIVIL LIBERTIES
88 Generation Peace and Open Society
Member Charged
On January 29, 11 members of NLD and 88
Generation Peace and Open Society were
acquitted for trespassing charges under Article
447 of the Penal Code, which stemmed from a
protest calling for constitutional amendments
in June of last year. Nay Myo Kyaw and two
others still had to pay a 3,000 kyat fine for
illegal use of a megaphone. Nay Myo Kyaw now
faces a further charge under Section 18 of the
Peaceful Assembly and Peaceful Procession
Act. After the 11 had been acquitted Nay Myo
Kyaw was immediately taken to the police
station and questioned over his role in
organizing the 2014 protest. After his
questioning he was told he had been officially
charged. He is currently awaiting trial.
(30 January 2015 - DVB)
Solo Protester Charged
On January 9, 2015 a solo protester Than Htike
Oo was indicted under Section 19 of Peaceful
Assembly and Peaceful Procession Act after his
January 8 demonstration which called for the
cancellation of Sagaing Division Minister Thar
Aye, because he was not accountable for the
Letpadaung Affair. His case was filed by
Sagaing Myoma police station commander
Theinkha Win. Than Htike Oo said he plans to
sue the Township Director and Deputy Police
Chief because he assumed they misused their
authority. He is quoted as saying A citizen has
worked under the framework to respect the
law, but the authorities violated the law. This is
also violating the citizen rights. I will also try to
let international community to know about
this.
(8 January 2015 - Mizzima/Burmese) (12
January 2015 - Mizzima/Burmese)

ABSFU Students Beaten Near Former

Ministers Office
Five All Burma Federation of Student Union
(ABFSU) members were beaten by an
unknown group of 20 to 30 people. The
attack happened around 1 am on January 17,
2015. According to Htet Lin, one of the
students who were attacked, the group of
students was discussing politics when one of
their members loudly proclaimed his
displeasure when a group of people suddenly
came and attacked them. Four of the group
members suffered minor injuries, but one of
them sustained major head injuries and was
taken to the brain and nerves department of
Rangoon Public Hospital. The five members
who were attacked are: Aung Thaung Oo,
Kyaw Swar Lin, Vitar, Htet Lin and Hein Nay
Zaw. Several of the members have filed a
case at Botahtaung Township Police Station.
(17 January 2015 - RFA/Burmese) (17
January 2015 - DVB/Burmese)
Eleven Media Blocked From Press
Conference
Reporters from Eleven Media Group were
not allowed access to a press conference held
by Htay Oo, the vice president of the Union
Solidarity and Development Party. Initially
all reporters were kept waiting from noon to
three PM, but reporters from other media
outlets were eventually allowed in. After
many phone calls to an individual within the
party, the journalists from Eleven Media
Group were allowed to enter the press
conference, but the conference ended soon
after they were let in. Htay Oo maintains that
no journalists were blocked.
(17 January 2015 - Eleven)

January 2015
Group of Activists Indicted
On June 1, 2014 Htain Lin Aung, Kyaw Zin Oo,
Thu Zaw Kyi Win, Tin Soe, Hla Hla Aye (aka)
Boatson Ma and Than Than Htwe (aka) Ball
Lone, a group of activists, were indicted under
Section 18 of the Peaceful Assembly and
Peaceful Procession Act. The group protested
the 2014 verdict of Kyaw Hein, who was
sentenced to one month in prison under
Criminal Procedure Act 21 for organizing a
Buddhist preaching ceremony without
permission. The Shwepyithar Township judge
said they would be sentenced on January 16,
2015 but they have not yet received their
sentences.
Source (AAPP)
Former Political Prisoners Indicted
On December 26, 2014, former political
prisoners in Prome Township staged a protest
against the killing of Khin Win during a protest
at the controversial Letpadaung copper mine.
Although they requested the authority to pass
across the path before the demonstration, they
were denied permission on the protest day.
They continued marching on the roadway
despite being denied permission and as such
the following ten activists were indicted under
Section 19 of the Peaceful Assembly and
Peaceful Assembly Act. They are: Kyaw San,
Kyaw Swe, Nyi Nyi, Chit Min Soe, Min Min,
Myo Win Naing, Pyae Lwin, Nyunt Wai,
Wanna and Khin Zaw.
Source (AAPP)

Burma Army Shoots Man in Front of

Family and Forces Villagers to Stage
Protest against Shan State Army
Shan Human Rights Foundation issued a
statement regarding the shooting of a 32-year
old mentally ill villager in front of his family
on December 12, 2014. Additionally they
forced 1,200 villagers to stage a public mock
demonstration against the insurgent group
Shan State Army. According to Shan Human
Rights Foundation the, villagers were forced
to shout prepared slogans in Burmese, calling
for the insurgent group to be wiped out. The
foundation stated that forcing villagers to do
this is a violation of their rights, and an insult
to their intelligence and dignity.

January 2015

RESTRICTIONS ON FORMER POLITICAL PRISONERS

45 Famers Sentenced
On January 23, 45 farmers from Ohn-Pin-Su
village, Gone-Min Village Tract Thabaung
Township, Irrawaddy Division were charged
under Section 427 and 447 of the Penal Code
for vandalism and trespassing. Ten of the
farmers were sentenced from one to five
months in prison and the other 35 farmers
were sentenced to pay a fine. On January 24,
88 Generation Peace and Open Society hosted
a press conference held by the families to speak
about the unjust verdict.
(25 January 2015 - DVB)

19 Farmers Sentenced for Protesting

Against Land Seizures
The Pobbathiri Township court sentenced 19
farmers on January 22, 2015 for protesting
against land seizures in September 2013 when
500 acres was confiscated in order to build a
newspaper office. Zaw Lat, the protest leader,
was sentenced to seven years in prison with
hard labor, while the 18 others will serve prison
sentences ranging from four to six years plus
hard labor."The unilateral verdict is based only
on police statements. We were not allowed to
call witnesses. We were afforded no rights. It is
totally unfair for us to receive long-term
sentences," said Zaw Lat. The protesters were
charged with several crimes, including
disturbances to police duties.
(22 January 2015 - Eleven)
Mandalay Division Court Waiting to
Decide on Farmers from Sint Gu Case
The Mandalay Division Court will decide in a
few weeks whether or not it will accept the case
of farmers from Sint Gu Townships, after
hearing their lawyers arguments. In August
2014, farmers from Nyaung Wun Village
protested against land confiscation under the

previous junta. Villagers were injured

during the confrontation with police. In
response, hundreds of villagers
temporarily detained several officers in
the local school. Nine of them were
charged for five counts, including Penal
Codes Article 333, which sets a
maximum sentence of ten years in prison
for causing grievous hurt to a public
servant carrying out his duties. The
farmers lawyer pointed out that the
court would normally schedule a hearing
sooner, alluding that it is probably
waiting for the possible involvement of
higher authorities. Burmas judiciary is
known for lacking independence from
the government.
(15 January 2015 - The Irrawaddy)
Farmer Arrested Over Alleged
Theft
Farmer Shwe Chaing and his two sons
Naing Win and Bo Bo from Wakema
Township, Irrawaddy Division were
arrested on December 31, 2014 and
January 2, 2015 respectively. Shwe
Chaing had submitted a land dispute to
the local authorities because his land had
been grabbed by another farmer Ohn
Lwin. They were arrested under Section
379 of the Penal Code when Ohn Lwin
accused Shwe Chaing of stealing from his
property even though Shwe Chaing has
the receipts that prove he owns the land
that he allegedly stole from. According to
Zaw Yan, their case will go to court on
January 14, 2015.
(12 January 2015 - RFA/Burmese)

January 2015
Farmer Nga Chun Sentenced for Squatting
Nga Chun was sentenced to one month in prison
under Section 26 of the Municipal Act on grounds
of trespassing. Nga Chun stated that he was told to
relocate without compensation while other
squatters were reimbursed with 200,000 kyat
and were relocated to new plots. More than 2o
residents have been jailed and four more are
awaiting trial. The president had previously
pledged that he would recognize the group of 50 or
more houses as a village therefore it is
unacceptable for the Nay Pyi Taw Council to jail
these farmers. According to Nga Chuns lawyer the
place is listed in Lewe Township by the
Immigration Department and therefore it is not a
squat.

(10 January 2015 - Eleven)

10

January 2015

KEY INTERNATIONAL DEVELOPMENTS

Human Rights Watch Issues Statement
on Controversial Law
Human Rights Watch has issued a statement
about the controversial Peaceful Assembly and
Peaceful Protest Law which has been used to
arrest countless people involved in peaceful
protests in the recent past. The statement goes
on to highlight some of the recent cases that
involved the arrest of peaceful protesters and
follows them up with several recommendations
as to how the law should be amended.
According to Brad Adams, Asia Director for
Human Rights Watch The arrest of peaceful
protesters does not augur well as Burma heads
towards elections later this year, Election
season will see many protests, which must be
permitted and protected if the process is going
to be truly democratic. There is no reason
parliament cant promptly amend the laws to
allow protests in line with international
standards
(26 January 2015 - Human Rights Watch)
Meeting Between UN Special
Rapporteur and Chief of Justice
Tun Tun Oo, the Chief of Justice of the Union,
has received delegation led by Ms Yanghee Lee,
the Special rapporteur for the UN, on January
16, 2015. During their meeting, Tun Tun Oo
presented the Supreme Court of the Unions
three-year plan for increasing access to justice
and immediate court hearings and enhancing
public awareness of the judicial system, judicial
freedom and accountability, promotion of
justice, equality and prestige.
(16 January 2015 - Global New Light of
Myanmar)

Government Says No Need for UN

Special Rapporteur in Burma
One day before Ms Yanghee Lee, the
Special Rapporteur for the UN, finishes
her 10-day visit to Burma, the
government has reiterated that the UN no
longer needs a Special Rapporteur in the
country. The director of the presidents
office, Zaw Htay, also accused other
actors of trying to influence the internal
politics of Myanmar and the assignment
of the special rapporteur is a means to
this end. It appears that Ms Lees
interest in the Rohingya situation and her
support of their right to self-identification
has tensed the relationship between her
and the government.

(15 January 2015 - Mizzima)

UN Special Rapporteur Meets with
Six Political Prisoners
Ms. Yanghee lee, the UN Special
Rapporteur on human rights for Burma,
met with six political prisoners in Insein
Prison on her second official visit to
Burma. After her visit she met with
former members of the Verification
Committee for the Remaining Political
Prisoners which was created to look into
remaining prisoners of conscience U Ye
Aung, U Ko Ko Gyi, and U Thura
(Zaganar) where they discussed the
number of political prisoners remaining
in Burma.
(7 January 2015 - Mizzima)

11

January 2015

Conclusion / Analysis
The murder of two Kachin teachers further
throws into doubt the legitimacy of the
government's promises to uphold universal
human rights. Not only is the case a tragedy,
but the lack of a quick and transparent
investigation by the government shows its
apparent lack of urgency and interest in
maintaining human rights for all of its
citizens. This latest case along with the
recent deaths of Aung Kyaw Naing and Khin
Win at the hands of the army and the police
respectively shows how the country is taking
further steps backward in regard to human
rights, even though the high ranking
members of the government, as recently as
the beginning of January, have said that the
condition of human rights is steadily
improving.
The Peaceful Assembly and Peaceful
Procession Act has continues to be used in
order to repress freedom of speech. The
controversial law has been used to silence a
plethora of different protesters. Land rights
activists, activists calling for constitutional
amendment, and people in support of said
jailed activists have all felt the unjust nature
of the law. Human Rights Watch issued a
statement in January criticizing the law and
giving recommendations as to how it should
be amended, but it remains highly unlikely
that the government will change its policy of
silencing those who have some criticism of
its policies.
According to an article in Global New Light
of Myanmar, the president has said in his
monthly radio address that he will create

12

the Land Utilization Management

Central Committee, which will be
chaired by the vice president and will
allow for the for the land reform
process to continue on in a transparent
manner. While this seems like progress,
there are currently over 1,000 farmers
awaiting trial under charges related to
land rights activism. It will be worth
tracking the effectiveness of this
committee.
Finally, the government believes that
there is no longer a need for the UN
Special Rapporteur to Burma or even a
UN report on the situation in Burma,
due to its reforms, but it is plain to see
that the reforms that have been made
have not done enough to stop the
continued violations of human rights
and civil liberties. According to a 16
January article in the Democratic Voice
of Burma, during her latest visit, the
UN Special Rapporteur to Burma,
Yanghee Lee explicitly stated In the
area of freedom of expression and
freedom of assembly, positive gains risk
being lost. Indeed, the possible signs of
backtracking I noted in my first report
have gained momentum in this area.
With 2015 being an election year, it is of
the utmost importance that there be an
international rights body present within
the country to hold the government
accountable to its promised reforms.

January 2015

Links / Resources
January 1
President U Thein Sein
2014 Recap and Promises
for the New Year (Global
New Light of Myanmar)
President U Thein Sein
Promises Assistance in
Reclaiming Land (Global
New Light of Myanmar)
January 3
Interview with Acting
Director-General
Highlights Burmas
Progress in Human
Rights (Global New Light
of Myanmar)
January 6
Committee for
Scrutinizing the
Remaining Political
Prisoners Reconstituted
(Global New Light of
Myanmar)
January 7
Committee for
Scrutinizing the
Remaining Political
Prisoners Reconstituted
(Eleven)
January 8
Phyu Hnin Htwe
Supporter Sent to Prison
(DVB)
Phyu Hnin Htwe
Supporter Sent to Prison
(Irrawaddy)
Solo Protester Arrested
(Mizzima/Burmese)
January 9

Former NLD Member Denied

Bail Again (Mizzima)
January 10
Farmer Jailed for Squatting
(Eleven)
January 12
Solo Protester Arrested
(Mizzima/Burmese)
Farmer Arrested Over Alleged
Theft (RFA/Burmese)
January 15
Two More Letpadaung Mine
Protesters Arrested (DVB)
Government Says No Need for
UN Special Rapporteur in
Burma (Mizzima)
January 16
Meeting Between UN Special
Rapporteur and Chief of Justice
(Global New Light of Myanmar)
January 17
Eleven Media Blocked From
Press Conference (Eleven)
ABSFU Students Beaten Near
Former Minister's Office
January 22
Mandalay Division Court
Waiting to Decide on Famers
from Sint Gu Case (The
Irrawaddy)
19 Farmers Sentenced for
Protesting Against Land
Seizures (Eleven)
January 25
45 Farmers Sentenced (DVB)
January 26
Human Rights Watch Issues
Statement on Controversial
Law (Human Rights Watch)
January 27
Two Kachin Teachers Beaten to
Death, Rumors Point to Burma

Army (The Irrawaddy)

January 29
Two Kachin Teachers
Beaten to Death, Rumors
Point to Burma
Army (DVB)
January 30
88 Generation Peace and
Open Society Member
Charged (DVB)
January 31
Detained lawyer on
hunger strike
(RFA/Burmese)

Contact Information
Tate Naing, Secretary
+66 (0)81-2878-751
(Thailand)
Bo Kyi, Joint Secretary
+66 (0) 819628 713
(Thailand)

13