EMG calls for independent commission to investigate improper imprisonment
Published on Thursday, 09 January 2014 21:13
YANGON—Presidential spokesperson Ye Htut, as well as some newspapers and journals, have been circulating one-sided views on the imprisonment of EMG reporter Ma Khine, who was charged under three sections—including trespassing—for fulfilling her duty to cover news for the public.
Regarding the right of freedom to report, Ye Htut, deputy minister for information and also a spokesperson for the president, said the media should follow the rights of others to privacy and that it was necessary to respect democratic rights as stated in the International Human Rights Declaration.
In comments quoted by The Voice Daily newspaper, Ye Htut also said that EMG's reporter did not go to interview the lawyer alone but brought the defendant to get the news. "That's why the reporter may be a part of the problem. So, the media should avoid doing things like that." The presidential spokesperson shared this one-sided comment with The Voice Daily without having reviewed in detail the facts of the incident.
In an article for The Ladies news journal, Pyay Lwin Myint wrote that reporter Ma Khine was jailed because of her use of abusive language. The one-sided article highlighted the accusations of the plaintiff without also describing the arguments of Ma Khine.
In another story, for Popular Myanmar News Journal, a reporter wrote that Myanmar people are never bad-mannered; that if they go to meet and interview someone, the other person's decision to reply or not reply is his or her right. If one treats the situation politely, he or she will not be sued for trespassing.
EMG chief editor Wai Phyo says that the only way to expose the truth about Ma Khine's improper imprisonment is to form an investigation commission.
"One-sided views on the case of Ma Khine are being expressed based on arguments of the plaintiff. So this matter needs to be clear. Ye Htut's comment about the reporter, which he gave to The Voice Daily newspaper, is one-sided. That is why I am again demanding an independent investigation commission. If a lawyer violates legal ethics in the course of taking legal fees from a defendant, then a reporter should have a chance to investigate such matters of ethical irregularities. Pyay Myint Lwin's writings in The Ladies journal go against what really happened, and a Popular News Journal reporter's comments about trespass do as well," said Wai Phyo.
"While I was visiting Ma Khine in jail, I asked her with care. She explained to me carefully that the accusations of the plaintiff were not true, and she testified that they were not true. She was also very surprised by the accusation that she had used abusive words. She explained to me that she was not a rude woman. If we look at the statements of Ma Khine and plaintiff Aye Aye Phyo, a wise person can figure out which one is true."
In her court testimony, Ma Khine said: "When we arrived in front of Daw Aye Aye Phyo's house, the gate was closed so Ko Than Zaw Win called out to her. As it was raining, he continued to shout her name and a fat woman came out of the house. Ko Than Zaw Win asked her whether Ma Aye Aye Phyo was in the house. She said 'yes' and opened the gate. This woman went inside and shouted to Ma Aye Aye Phyo that a guest had arrived. Daw Aye Aye Phyo came out while talking on the phone and asked us to sit in the living room after taking us inside the house.
"While we were sitting in the living room, Ko Than Zaw Win said he was sent by U Thawdar Thein to pay the lawyer's fee. He only had Ks 10,000 with him and he asked her to accept it. He told her that he would give the rest of the money in installments. Ma Aye Aye Phyo told him that she had already lowered her fee for them and that she had never heard of paying a lawyer's fee in installments. She also said 'You are all finished after paying the fee but I also have to pay the judge.' Than Zaw Win asked her to accept the fee in installments as he was having money problems. Ma Aye Aye Phyo repeated, 'You are all finished after paying the fee but I have to pay the judge and the public prosecutor.' At that time, I asked her for permission to speak and introduced myself. I told her that I wanted to know the procedures and laws for a basic video organization and asked her to tell me the lawyer's fee. I also said that I didn't want to make any mistakes when writing the news."
In her court testimony, Ma Khine also said: "While we were turning on the motorcycle engine outside the gate, they shouted 'Thief reporter!' from inside the house. We were scared, so we left with two motorcycles….We didn't say abusive words, which the plaintiff has accused us of saying, and we only entered the house with their permission after asking for permission to enter. So I want to say that I'm not guilty."
In her petition to court, the plaintiff claimed that the defendants entered her house without asking her permission and shouted abusive words that disgraced her dignity from the time they were in the house until they were on the street.
In her testimony, the plaintiff Aye Aye Phyo said: "Loikaw Myoma Police Station had opened a case against U Than Zaw Win under Section 32 (b) of the Television and Video Law. Those videos were pirated videos of original movies owned by U Thawdar Thein, owner of 'Thiri Mon' Video Distribution, from Shansu Ward. U Thawdar Thein hired me as his lawyer to ask for Ks 2 million (US$ 2,028) as compensation [from U Than Zaw Win]. So, I notified U Than Zaw Win on October 16, 2013 to pay the Ks 2 million compensation fee on behalf of U Thawdar Thein. After sending the notification letter, U Than Zaw Win came to see me and U Thawdar Thein to ask us to lower the compensation fee as he couldn't afford it. We told him to pay Ks 200,000 (US$ 202) for the lawyer's fee instead of the Ks 2 million compensation fee. He left after saying that he didn't have Ks 200,000 with him so he would come back to give the fee on another day."
Aye Aye Phyo's testimony continues: "On the evening of October 27, at about 7 p.m., the two convicted, followed by an unknown man and woman, entered my house without permission and sat on the seats while I was feeding my child and other family members were having dinner. My sister Chit Win Htate then came to me saying it was Than Zaw Oo, and that he insisted on meeting his lawyer. I left my child and went to meet them. When we met, Than Zaw Oo told me that he could not afford Ks 200,000 and had only Ks 10,000. He told me to take it if I want. I am a lawyer. I replied to them that this cannot be done this way, but [the case] can be reheard at the court. At the time, Ma Khine (a.k.a) Naw Khine Khine Aye Cho stated that she was reporter Ma Khine of (Weekly) Eleven Journal and asked me how much was the legal fee I had asked from Thawda Thein. I replied that I asked Ks 500,000 for the case. She mentioned that she would ask the judge whether the amount was true and also said that lawyers, judges and legal officers in this region took unfair amounts of money from poor people and that she was here to describe it in the journal. In the meantime, Aung Shein, my father, arrived and said that the house owner is a respected elder of the region, deputy township representative of 'Mukhin Shu Daunt' (Criminal Investigation) and township chairman of the National League for Democracy. Therefore, they should not insult the owners. Reporter Ma Khine was also asked how much she had known about that and whether she knew that Than Zaw Win had to pay only Ks 200,000 instead of Ks 2 million as ruled, and if she knew that Than Zaw Win agreed to pay on this day. He also told the reporter that she had not examined [the details of the agreement] and did not ask for any permission."
Wai Phyo, editor in chief of the Daily Eleven newspaper, explained: "It would be clear to see whose statements are right and whose are wrong if one studied them carefully. If the truth turns out to be that Ma Khine is guilty, then she can be punished. Just let the public know the truth. What we are saying is that the judiciary system as a whole is unfair. The punishment for this case should not be imprisonment. Ma Khine, as a journalist, did nothing wrong and what she did do is ethical. We have now shown the statements of both defender and plaintiff to the public, so that people can decide who is wrong. It is clear to see that they went to the house because of an arranged appointment. It is not trespassing. It can easily be seen in the court statement. They would not be able to enter the house without permission. It is not wrong to go together with the defendant as Ye Htut, presidential spokesperson said. The lawyer is not acting ethically and it is right to get information about that. It is also right to check how bribery and corruption are involved. In the plaintiff's statement, there are threats: being the daughter of a township chairman of the NLD and the wife of an officer for Military Security Affairs. Now that the responsible government official has voiced his views about this issue, we demand again an investigation into the case so that the public and international organizations can know the truth."
The appeal for the case of reporter Ma Khine has been submitted to and accepted by Loikaw District Court. Aye Aye Phyo, the plaintiff, has been asked to appear in the court on January 10.
http://www.information.myanmaronlinecentre.com/emg-calls-for-independent-commission-to-investigate-improper-imprisonment/
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