Publication Date : 18-06-2013
Myanmar's political analysts say there is still political interference in legal proceedings by authorities and there should not be prosecuting for an offence under several legal sections.
The number of political prisoners has increased significantly during these days as they were charged and sent to gaol under Section 505 of Myanmar Penal Code and under Section 18 of the Peaceful Assembly and Procession Law, said the analysts.
In Mandalay, the second largest city of Myanmar, Chanayetharzan Township Court has sentenced two people to one year and three months and four others to three months in prisons on June 12 for taking part in demonstrations against the city's mayor to demand legal selling rights in Kaitan market located between 84th Street and 85th Street in the township.
Moreover, two other persons were also sent to gaol under the Section 18 recently; namely Myint Aung, the secretary for Letpadaungtaung mountain protection committee in Monywa Town in central Myanmar was sentenced to one year in prisons for hard labour and Thein Aung Myint to one month, for taking part in protests against Letpadaungtaung copper mine project.
"We were also charged under Section 505 in 2007. [They] punished us harshly under these sections as they wanted to put us in prisons for many years as well as to crack down democratic activities in the country. Some other political activists were also sent to gaol under these sections. It could spoil [our] cooperation in the country's political reforms for long-term if the number of cases like these increases," said Pyone Cho from 88th Generation Student Group's Peace and Open Society.
Phyo Phyo Aung for Myanmar Students Union said that three from Mandalay and one from were also sentenced under Section 18 to one month for taking part in protests against Letpadaungtaung project.
They are really political prisoners because they are convicted of these sections although they were charged under different sections for the same kind of offence cases, the analysts say.
"Actually the section like Section 505 is not a political code. The prosecutors created them. Section 18 is created to crack down on demonstrations without permission by the authorities. But one point must be considered. It must be considered whether the ones who are convicted of Section 18 should be charged with other sections like Section 505 or not. The 505 is a penal code and the Section 18 a special code. For example, if one is convicted of demonstrating without permission by the authorities under the Section 18, he or she should not be punished again under the 505. One must not be charged with different sections like these for an offence. If so, it's dirty work," said advocate Than Soe of Supreme Court.
"The Section 505 is no difference with Section 5 (e) which was practiced in 1950s. It's too much even when the Section 18 is exercised. The Section 505 is even too much. To get a bail is too difficult. I think it should not be exercised when our country is in the process of reforming," said another advocate Robert Sann Aung.
Moe Thwe from Generation Wave said: "Last month, I and Wai Hmue Thwin were going to meet the regional authorities concerning the controversial Letpadaungtaung copper-mine [in Sagaing region].Before going there, we made an interview. On June 12, Police Officer Khin Zaw Latt from No.1 Police Station in Monywa, Sagaing Region, has opened a case at the Monywa Court concerning some words we said at the interview for damaging the dignity of Sagaing Region Police Force. The Court accepted the case and issued a warrant to arrest for me under the section 505. Those from Yangon were also prosecuted under section 18 and section 505 who protested against controversial Letpadaungtaung copper-mine without permission. We have to think about these cases seriously. The government says it's making political reform process. At present, I think, if we make an interview with Democratic Voice of Burma, a news agency, we will be arrested the same like in the past."
"Section 505 had always been used by military government. The military government had charged those who are uprising against it, or who are assigning the duty of the public interest or who are reporting their grievances and rights, and those who are also expressing their rights , under the section 505. Those didn't obey the State's Order. I have advocated for a lot of the cases concerning section 505. The authorities have given those the highest punishments and never allow an appeal. The section 505 broke the human rights and supported the military government in power," said Kyee Myint, the advocate of Supreme Court.
He also said that those sections 505 and 18 shouldn't be used in a democratic system, adding that they are breaching the human rights and ignoring the public democracy rights. So, these should be abolished absolutely.
He added that other countries have similar laws like Myanmar. When people wishing to stage a protest apply for permission from the concerned authorities, the authorities would give permission with no trouble. Even the protesters were guarded by the police in those countries. In Myanmar, the authorities would not give permission if they were to protest against the administrators and cronies. The laws were seemed to be created to protect only them.
Rule of Law and Tranquility Committee said it will propose to the parliament to tackle the issue of authorities' interfering in the legal proceedings.
The politicians also suggested that cooperation between court officials and administrators should not positioned behind taking action in accord with these sections.
Source: http://www.articles.myanmaronlinecentre.com/myanmar-with-more-political-prisoners-say-analysts/
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