Myanmar Now reporter among at least eight charged for covering anti-coup protests 

Myanmar Now reporter among at least eight charged for covering anti-coup protests 

Kay Zon Nway is being held at Insein prison and has been denied access to her lawyer

 

Myanmar Now
Published on Mar 2, 2021
Myanmar Now journalist Kay Zon Nway is taken by police officers on February 27 in Yangon’s Sanchaung township (EPA)
Myanmar Now journalist Kay Zon Nway is taken by police officers on February 27 in Yangon’s Sanchaung township (EPA)

At least eight journalists including Myanmar Now’s multimedia reporter Kay Zon Nway have been charged after being detained while covering anti-coup protests, according to lawyers and media reports. 

Kay Zon Nway was arrested on Saturday during a crackdown on a protest in Yangon’s Sanchaung township. 

Five others were detained in Hledan the same day. They were: Aung Ye Ko from 7Day, Ye Myo Khant from the Myanmar Pressphoto Agency, Thein Zaw from the Associated Press, Hein Pyae Zaw from Zee Kwat Media, and freelancer Banyar Oo.

All six have been kept at Insein prison in Yangon since their arrests and have been remanded in custody until March 12. 

 

 

Lawyers were informed about the charges on Tuesday but Nilar Khine, who will be representing Kay Zon Nway, said there was still confusion about what law the reporters have been charged under. 

It is either section 505(a) of the Penal Code or a newly added section 505A. The latter prohibits spreading “fake news” and carries a maximum sentence of up to three years in prison. 

 

 

Nilar Khine said that an Insein prison official told her to come back on Wednesday to submit her application for power of attorney.

“Parents and family members are not allowed prison visits since Covid-19 began… but we will ask for permission to meet with our clients because we will be representing them. I don’t know yet if I will be allowed,” Nilar Khine said.

Kay Zon Nway was charged at the Sanchaung township court and her first hearing is scheduled for March 12, when the plaintiff and defense will submit witnesses. The five others were charged at the Kamaryut township court.

Another two journalists from Monywa in Sagaing region were arrested and charged on February 25 and released on bail the same day, according to media reports.

At least 28 journalists have been arrested since the February 1 coup and 14 of those were released either on the same day or a few days later, according to Detained Journalists Information Myanmar, a project by journalists and writers.  

On Monday night, police and soldiers in Myeik raided the house of DVB reporter Aung Kyaw and arrested him, a live-stream he took of the incident showed. In the video, the reporter can be heard calling out for help amid loud bangs that sound like gunfire.

“I am hit in the head. Help me. Help me. Please bang the tin pots,” Aung Kyaw shouted in the video, which was broadcast on DVB’s Facebook page.

Family members later told local media that Aung Kyaw was dragged away by soldiers and police at around 10pm on Monday night. He had been covering deadly crackdowns on protests in the coastal town.

Myanmar Now was unable to confirm his current status or if he has been charged. 

Zeyar Hlaing, an editor at Mawkun Magazine, said the military council is arresting journalists to cover up its brutality against anti-coup protesters.

“Journalists do not have a choice but to report on something if it’s news,” said Zeyar Hlaing, who recently resigned from his position on the Myanmar Press Council after the coup to protest the new regime.

“They are pointing guns at whoever they see, attacking and arresting. It is like living in a lawless country. No one is safe. This situation is the most serious threat to the jobs of journalists,” he said.

 

Myanmar Now

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.
Op-ed
Seeking justice in the wake of Myanmar’s coup

The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Lin Htet
Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

Lin Htet
Continue Reading
At least eight killed in junta’s bloody crackdown in Aungban, Shan State

A resident said armed forces used drones to monitor the crowd before opening fire on them

Myanmar Now
Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.
Continue Reading
Junta arrests two more journalists in Naypyitaw

Those arrested include a BBC reporter and a former Mizzima correspondent. 

Myanmar Now
Published on Mar 19, 2021
Photojournalists take cover near the entrance of a monastery where military supporters gathered to attack protesters and media in Yangon on February 18 (EPA-EFE/LYNN BO BO)

A BBC journalist and a former Mizzima News reporter were arrested by men believed to be plainclothes officers in Naypyitaw on Friday afternoon, a family member confirmed.

BBC Burmese journalist Aung Thura was in front of the Dekkhina District court to report on a hearing for National League for Democracy patron Win Htein when he was arrested. Former Mizzima correspondent Than Htike Aung was with him at the time of the arrest.

No further details of the arrest or the reporters’ detention were known at the time of reporting, according to Aung Thura’s relative. 

“I saw some plainclothes officers dragging away a person in trousers into a car,” lawyer Min Min Soe, who was near the court at the time, told Myanmar Now. The man she saw is believed to be Than Htike Aung.  

“Two other officers in plainclothes were hassling another individual in a paso [traditional sarong for men] and glasses,” she said, referring to Aung Thura. “It was quite a scene so I don’t know what happened next.”

BBC News issued a statement on Friday afternoon saying that they are "doing everything [they] can" to find Aung Thura, who they described as being taken away by unidentified men.

“We call on the authorities to help locate him and confirm that he is safe,” the statement said.

As of March 16, a total of 38 journalists had been arrested or targeted for arrest since the February 1 coup. The latest arrests of the BBC and former Mizzima journalists push this number up to 40.  

Only 22 of these reporters have been released. Ten journalists have been charged with violating Section 505(a) of the penal code, which has been used against people who are seen as causing fear, spreading fake news, or agitating government employees. Under recent amendments to the law, the charges come with a three-year prison sentence if convicted.

Online news website The Irrawaddy has also been charged by the junta as violating the same statute for showing “disregard” for the armed forces in their reporting of the ongoing anti-regime protests.

Five publications, including Myanmar Now and Mizzima had their offices raided and their publishing licenses revoked earlier this month by the regime.

Editor's note: This story was updated to include the BBC's statement, which was not available at the original time of publishing.

 

Myanmar Now

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.
Continue Reading