Case History: Moe Thway
On 21 November 2013, six peaceful demonstrators were sentenced to one month's imprisonment in Kyimyindaing Court in Rangoon under Section 18 of the 2011 Peaceful Assembly Law. On 21 November 2013, six peaceful demonstrators were sentenced to one month's imprisonment in Kyimyindaing Court in Rangoon under Section 18 of the 2011 Peaceful Assembly Law. The charges of “protesting without prior permission” had been brought against human rights defenders Mr Moe Thway and Mr D Nyein Lin, as well as Ma Thandar, Aung Moe Oo, Myin Kyaw Oo and Soe Moe Tun, for demonstrating in Rangoon on 1 December 2012 against the forceful treatment of peaceful protesters who were camping near the Letpadaung copper mine, in central Burma.
Moe Thway is a member of Generation Wave Youth Force, a network of human rights defenders that campaigns for civil and political rights, including by putting pressure on the Burmese government to sign the International Covenant on Civil and Political Rights. They have also been campaigning against the Letpadaung mine project and have brought the campaign to national attention.
On 21 November 2013, six peaceful demonstrators were sentenced to one month's imprisonment in Kyimyindaing Court in Rangoon under Section 18 of the 2011 Peaceful Assembly Law.
The charges of “protesting without prior permission” had been brought against human rights defenders Mr Moe Thway and Mr D Nyein Lin, as well as Ma Thandar, Aung Moe Oo, Myin Kyaw Oo and Soe Moe Tun, for demonstrating in Rangoon on 1 December 2012 against the forceful treatment of peaceful protesters who were camping near the Letpadaung copper mine, in central Burma. In light of D Nyein Lin's conditional amnesty in 2011, this sentence means that he will now serve the remaining ten years of an earlier sentence.
Moe Thway is a member of Generation Wave Youth Force, a network of human rights defenders that campaigns for civil and political rights, exerting pressure on the Burmese government to sign the International Covenant on Civil and Political Rights, and campaigning against the Letpadaung mine project. They have brought the campaign to national attention. D Nyein Lin is a student activist who formerly led the All-Burma Federation of Student Unions during the Buddhist monks demonstrations in 2007. Ma Thandar is a colleague of Naw Ohn Hla, the leader of Rangoon-based Peace and Women Network. Naw Ohn Hla was one of 69 prisoners released under presidential pardon on 15 November 2013. Aung Myo Oo, Myint Kyaw Oo, and Soe Moe Tun have no affiliation with any group.
In 2011, D Nyien Lin was released on conditional amnesty after receiving a sentence of 15 years and 6 months in prison in November 2008. He had been arrested by the junta and charged with “inducing crime against public tranquillity”, amongst other charges. As a result of this recent sentence, D Nyien Lin will serve the remaining ten years of his original prison sentence.
According to the protesters' lawyer, Mr Robert San Aung, a total of 57 activists have now been imprisoned under the Peaceful Assembly Law. According to the Assistance Association for Political Prisoners, 130 activists have been brought to court under this legislation, 18 of whom remain in prison.
On 20 June 2013, human rights defenders Messrs Moe Thway, Wai Lu and Wai Hmuu Thwin published a statement regarding the arrest warrants issued against them on 13 June 2013 by Monywa Court under a charge of “offences against the state or against public tranquillity.”
These arrest warrants are reportedly linked to comments the human rights defenders had made about the Letpadaung copper mine project, a joint venture between the Burmese military's Union of Myanmar Economic Holdings Limited (UMEHL) and Wan Bao Company, a subsidiary of a Chinese arms manufacturer.
Wai Lu and Wai Hmuu Thwin are part of the Yangon People Service Network which campaigns for the respect of rule of law and democracy in Burma. The campaign against the Letpadaung project is also part of their work.
The Letpadaung copper mining project has been marred by protests; last November police used smoke bombs to disperse the crowd, injuring dozens of demonstrators, including monks, and triggering a national outcry.
Activists have been facing harassment since opposition to the project began. On 25 April 2013, villagers in the Letpadaung area tried to plough their fields but were prohibited by police from enteringunder section 144, or power to issue order absolute at once in urgent cases of nuisance or apprehended danger, of the Criminal Procedure Code.
It is reported that the police opened fire on the crowd and two villagers were arrested along with one activist. Warrants were also issued for the arrests of eight other activists and villagers. On 8 May 2013, because villagers had become afraid of police raids, the three human rights defenders, along with Mr Aung Thu of the 1988 Student Generation, went to Monywa to calm tensions there. They informed police of their intentions in this regard.
While they were there, some local reporters interviewed Moe Thway, Wai Lu and Wai Hmuu Thwin. During the interview, observed by police from the Special Branch, the human rights defenders gave their opinions on the use of section 144 to keep the villagers from ploughing their fields, opinions which were perceived as damaging the police and government's credibility.
Therefore, on 13 June 2013, warrants were issued for the arrests of the three human rights defenders. On 15 June 2013, Moe Thway received a phone call from Lieutenant Khin Zaw Latt, who had ordered the issuance of the warrants. The Lieutenant summoned the three human rights defenders to appear at Monywa Police Station.
