Case History: Ko Htin Kyaw

On 26 October 2016, human rights defender Mr. Ko Htin Kyaw was arrested and taken to Insein Prison in Rangoon. He is alleged to have used offensive language when he accused the military of committing human rights abuses with impunity outside a court in Rangoon.

Ko Htin Kyaw is the director of the Movement for Democracy Current Force (MDCF), a community-based organisation working to promote development and democracy in Burma. The human rights defender has staged a series of protests in 2014 against President Thein Sein’s government, most of them related to land rights in Rangoon. The human rights defender has been repeatedly arrested in connection to peaceful protests, including in August 2013. In February 2014, the United Nations Working Group on Arbitrary Detention found that the detention of Ko Htin Kyaw in December 2013 was arbitrary.

On 26 October 2016, Ko Htin Kyaw was arrested under Section 505 (a) of the Penal Code, which prohibits making, publishing or circulating a statement, rumour or report that may impede a member of the Tatmadaw in the execution of their duty. The complaint was filed by the Lieutenant Colonel from the Rangoon Region Command. Ko Htin Kyaw was alleged to have used offensive language when he accused the military of committing human rights abuses with impunity outside a court in Rangoon in early October 2016. He is also alleged to have said that the National League for Democracy government needed to stand with the public and urge the military not to bully the people. Ko Htin Kyaw is currently being held in prison in Insein Prison, Rangoon. The hearing will take place on 9 November 2016. If convicted, he face up to 2 years in prison and a fine.

On 17 April 2016, Ko Htin Kyaw was released under an amnesty granted by President U Htin Kyaw. On 3 September 2014, several courts in Rangoon handed down their sentences against Ko Htin Kyaw who has been detained since 5 May 2014 and was facing charges in eleven different Rangoon jurisdictions. Cumulatively, the human rights defender has been sentenced to ten years' imprisonment with hard labour on charges of disturbing public order under Penal Code Section 505(b).

Front Line Defenders condemns the ongoing judicial harassment of human rights defender Ko Htin Kyaw and calls upon Burma authorities to drop all charges against him. Front Line Defenders strongly believes that the judicial harassment against him is directly linked to his peaceful and legitimate work in human rights in Burma.

On 5 May 2014 at 11am, human rights defender Mr Ko Htin Kyaw was arrested by the police for distributing pamphlets in South Okkalapa Township in Yangon. On 9 May 2014, two of his colleagues were arrested when they attended the trial against the human rights defender. Ko Htin Kyaw is the director of the Movement for Democracy Current Force (MDCF), a community-based organisation working to promote development and democracy in Burma. The human rights defender has been repeatedly arrested for his peaceful protests, including in August and December 2013. In February 2014, the United Nations Working Group on Arbitrary Detention found that the detention of Ko Htin Kyaw in December 2013 was arbitrary. On 5 May 2014, Ko Htin Kyaw was arrested and charged under article 505 (b) of the Penal Code for 'making statements that cause alarm or induce others to commit an offence against the state', while he was delivering a speech and distributing leaflets criticizing the Burmese government and calling on members of parliament to resign. He is being held in Insein Prison in Yangon and faces up to two years' imprisonment and/or a fine. Human rights defenders Messers Ko Tin Maung Kyi, deputy director of MDCF, and Ko Zaw Win (a member of MDCF) attended Ko Htin Kyaw's trial on 9 May. There, they too were arrested and charged under section 505 (b) of the Penal Code and are being held in Insein Prison. The human rights defenders were charged in connection with the distribution of pamphlets stating that "the civilians are the real masters of the country and the Government is only the servant of the country," and for reportedly shouting slogans criticizing the government's policy on land-grabbing.

On 2 August 2013, human rights defender Mr Ko Htin Kyaw was arrested on charges of insulting the state after participating in a peaceful protest against illegal land seizures on 30 July 2013. Three other peaceful protesters, themselves victims of illegal land seizures, were arrested alongside him. Ko Htin Kyaw and the three protesters were summoned to the police station of North Oaklapa Township, Yangon, where they were charged under section 505(b) of the Penal Code for insulting the state. They were then immediately led to Court, where the arrest was endorsed and the four were led to Insein prison. They were not given any opportunity to contact a lawyer and were refused bail. If Ko Htin Kyaw is found guilty, he may be sentenced to up to 3 years imprisonment. The charges relate to a peaceful protest held on 30 July 2013 outside the North Oaklapa Court, in which Ko Htin Kyaw participated. Several participants in the protest – including those detained alongside the human right defender, Messrs U Lu Aye, Ma Sein Htwe and Ko Myint Naing – had been the victims of illegal evictions when their land was seized by a local man. The protesters wanted to peacefully express their frustration at the government which had not forced the man in question to return the land, despite an acknowledgement from the authorities of the land seizure's illegality and the existence of considerable evidence to support the claim. Reportedly, protesters speculated whether the man had connections to government figures.