BURMA: Man gets ten years' jail for emailing

political prisoners' photos

April 13, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-077-2011

13 April 2011

--------------------------------------------------------------------- BURMA: Man gets ten years' jail for

emailing political prisoners' photos

ISSUES: Illegal detention; fair trial; rule of law; judicial system; torture
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NEW AHRC WEBSITE: BURMA PAGE

http://www.humanrights.asia/countries/burma

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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to draw to your attention the
case of a young man in Burma who has been sentenced to 10 years in jail for
allegedly sending some politically oriented photographs through the Internet. Aside
from the trivial nature of the offence and the fact that the police had no evidence
against him, he was tried and convicted twice for the same offence, which is
contrary to the law in Burma. He also was held illegally without charge and allegedly
tortured to obtain a confession.

CASE NARRATIVE:

On 25 April 2010 a police officer came to find 22-year old Kaung Myat Hlaing and asked
him to go to the Rangoon divisional police headquarters to answer some questions for a
short time. The young man did not return home. Instead he was kept in custody at the
headquarters for nine days and at first questioned in connection with a bombing at a
traditional festival a few days earlier. During this time he was kept without being fed or
being allowed to sleep, and was allegedly tortured.

Later, the police did not charge Kaung Myat Hlaing over the bombing, but instead of
releasing him they accused him of having sent material that was threatening to the state
through the Internet. They alleged that in March 2009 he received some photographs of
political prisoners, including Daw Aung San Suu Kyi who was then still under detention, via
email. He then printed and stuck some pictures to a signboard of the government-
organized Union Solidarity and Development Association in South Dagon Township,
Yangon, and took photos of the signboard, which he sent to via email back to persons
abroad.

For this so-called crime, for which the police presented no firm evidence in court, Kaung
Myat Hlaing received not one but two sentences: one of two years for upsetting public
tranquility, and one of 10 years for unlawful use of the Internet. In fact, the two charges
were for exactly the same alleged offences, and therefore they are in violation of the law in
Burma because it is not legal to try and sentence a person for the same offence twice. The
police also did not appear to get the required approval for the charge of unlawful Internet
use under the Electronic Transactions Law

Further details of the case are in the sample letter below, as usual.

BACKGROUND INFORMATION:

The AHRC has in recent years issued many appeals on cases similar to that of Kaung
Myat Hlaing in which persons have been imprisoned on evidence-less cases for trivial
alleged offences. See for instance: AHRC-UAC-028-2011, AHRC-UAC-013-2011, and
AHRC-UAC-005-2011 .

It has also issued many appeals in recent times in which persons detained at the police
headquarters in Rangoon have alleged torture by officers of the intelligence unit there.
Among these is the case of Phyo Wai Aung, who was charged in connection with the
bombings over which Kaung Myat Hlaing was questioned, and on whose case the AHRC
has established a special campaign page: http://www.humanrights.asia/campaigns/phyo-
wai-aung

For more commentary on these and other human rights issues in Burma, visit the Burma
page on the new AHRC website: http://www.humanrights.asia/countries/burma

The AHRC Burmese-language blog

is also updated constantly for Burmese-language readers, and covers the contents of
urgent appeal cases, related news, and special analysis pieces.

REQUESTED ACTION: Please write to the persons listed below to call for the release of
Kaung Myat Hlaing and for the revocation of the Electronic Transactions Law. Please note
that for the purposes of the letter Burma is referred to by its official name, Myanmar, and
Rangoon as Yangon.
Please be informed that the AHRC is writing separate letters to the UN Special
Rapporteurs on Myanmar, on torture, and on the independence of judges and lawyers; to
the UN Working Group on Arbitrary Detention, and to the regional human rights office for
Southeast Asia calling for interventions into this case.

SAMPLE LETTER:

Dear ___________,
MYANMAR: Man gets ten years' imprisonment for emailing photos of political
prisoners Details of accused: Kaung Myat Hlaing, 22, resident of Ward 56, Dagon New
Township (Southern)
Police officers involved: 1. Sub Inspector Zaw Naing [complainant in 33(b) case],
Yangon Division Police Headquarters, Intelligence (Foreign) Unit
2. Sub-Inspector Kyaw Htun (Serial No. La/155729), Yangon Division Police HQ,
Intelligence (Foreign) Unit [complainant in 505(b) case]
3. Inspector Thingi Myint, Yangon Division Police HQ
4. Sub Inspector Win Hsan (Serial No. La/203554), Yangon Division Police HQ,
Intelligence (Foreign) Unit
5. Police Sergeant Aung Win Naing, Yangon Division Police HQ, Intelligence (Foreign) Unit
6. Inspector Kyaw Hsan Htay, station commander
7. Warrant Officer Maung Maung Soe, Yangon Division Police HQ, Intelligence (Foreign)
Unit
Cases and sentences: 1. Criminal Case No. 110/2010, Yangon Eastern District Court,
charged under section 33(b) of the Electronic Transactions Law, 2004, sentenced to 10
years in prison on 2 February 2011, Judge U Aung Thein (Serial No. Ta/2250, Deputy
District Judge-5) presiding

2. Criminal Case No. 720/2010, Dagon New Township (Southern) Court, under section
505(b) of the Penal Code, sentenced to two years in prison, Judge Daw Khin Htay Win
(Serial No. Ta/1096) presiding

I am deeply disturbed by news that a young man has been sentenced to over a decade in
prison for nothing more than allegedly sending some photographs through the email, and I
urge that his case be reviewed and that he be released at the earliest possible opportunity.

According to the information that I have received, police investigators allege that Kaung
Myat Hlaing in March 2009 received some photographs of political prisoners, including
Daw Aung San Suu Kyi who was then still under detention, via email. He then printed and
stuck some pictures to a signboard of the government-organized Union Solidarity and
Development Association in South Dagon Township, Yangon, and took photos of the
signboard, which he sent to via email back to persons abroad.

I am astounded that for this trivial act a court has sentenced him to ten years in jail for
allegedly damaging the state's reputation. The sheer absurdity of a 10-year sentence for
this act alone is one thing; the fact that the conviction constituted a breach of domestic
Myanmar law is another. A court had already convicted Kaung Myat Hlaing under section
505(b) of the Penal Code for exactly the same alleged offence, and consequently, the
conviction under the Electronic Transactions Law amounted to double jeopardy and is
illegal (as per section 22 of the Interpretation of Expressions Law, 1973). Additionally, for
any prosecution under the Electronic Transactions Law to proceed, the central body
established under chapter IV of the law, headed by the communications minister, must first
give its approval (section 44). However, the police in this case submitted no evidence to
the court that they followed the procedure of the law and obtained that approval.

Furthermore, I am informed that Kaung Myat Hlaing was illegally arrested and detained in
the first instance. When a police officer came to see him at around 6pm on 25 April 2010,
he allegedly told the accused man that he was only wanted to ask some questions for a
short while. After going with the policeman, he was instead detained for nine days straight
at the Yangon Divisional Police HQ without being brought before a judge, in violation of the
Criminal Procedure Code. During this time he was questioned in relation to the bomb
blasts at the lunar New Year festival held that month, was not fed and not allowed to sleep.
The police allegedly tortured him and forced him to sign and put his thumbprint on
documents in confession. The purported evidence that was brought against him also
consisted of fabricated documents that according to the accused were not from his Gmail
account and which lacked Gmail logos and other features that would identify them
accordingly.

Accordingly, in addition to calling for the release of Kaung Myat Hlaing from prison, I urge
that an inquiry be conducted into the police handling this case. In fact, I am aware of many
cases of alleged illegal detention and torture at the hands of the intelligence unit in the
Yangon Divisional Police HQ in recent years, and have reason to believe that these
practices are deeply imbedded and systemic at the headquarters.

I also take this opportunity to call for the new parliament sitting in Myanmar to repeal the
Electronic Transactions Law, which is so draconian and ambiguous in its contents that it
prohibits the possibility of basic freedoms of expression through use of the Internet ever
being enjoyed so long as it remains in effect. For instance, I note that the so-called
"offence" for which Kaung Myat Hlaing was convicted under section 33(b) is described in
the law as the use of electronic transactions technology to receive, send or distribute "any
information relating to secrets of the security of the State or prevalence of law and order or
community peace and tranquillity or national solidarity of national economy or national
culture". Obviously, this section has been written so as to be so broad and so ambiguous
that literally any user of the Internet could be found to have breached its provisions at one
time or another, as have many others in the same law. I therefore call for the revocation of
this law as repugnant to international human rights standards at the earliest possible
opportunity.
Lastly, I urge the government of Myanmar to allow the International Committee of the Red
Cross access to prisons in its country in accordance with its globally recognized mandate
without any further delay.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1. U Hla Min Minister for Home Affairs

Ministry of Home Affairs Office No. 10
Naypyitaw MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663 Fax: +95 67 412 439

2. U Thein Sein President of Myanmar

President Office Office No.18 Naypyitaw MYANMAR

3. U Tun Tun Oo Chief Justice

Office of the Supreme Court Office No. 24
Naypyitaw MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145 Fax: + 95 67 404 059

4. Dr. Tun Shin Attorney General

Office of the Attorney General Office No. 25
Naypyitaw MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097 Fax: +95 67 404 146/ 106

5. U Kyaw Kyaw Htun Director General

Myanmar Police Force Ministry of Home Affairs
Office No. 10 Naypyitaw
MYANMAR Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208

Thank you.
Urgent Appeals Programme Asian Human Rights Commission (AHRC) (ua@ahrc.asia)