‘We Fear For His Life’ - Sick Filmmaker Denied Bail Despite Fainting in Courtroom

Min Htin Ko Ko Gyi was detained amid an upsurge in arrests of peaceful critics of the military

Director Min Htin Ko Ko Gyi at Insein township court in Yangon on 25 April, 2019 (Photo by Khin Moh Moh Lwin/ Myanmar Now)

A judge has denied bail to a prominent filmmaker detained for criticising the military despite warnings that he could die in custody as he struggles to recover from an operation to treat his liver cancer.

Min Htin Ko Ko Gyi briefly fainted during yesterday’s hearing and at one point removed his shirt to show the judge scars from an operation he had three months ago, according to the Rangoon Documentary Twitter account.

Min Htin Ko Ko Gyi is the founder of the Human Dignity Film Institute and is known for his documentaries on human rights issues.

Hundreds of filmmakers and other professionals from around the world signed a letter on Tuesday calling for his immediate release.

“We are gravely concerned for his health and fear for his life,” said the letter, published by the International Documentary Film Festival Amsterdam and the International Film Festival Rotterdam.

“Half of his liver was removed and he is also suffering from heart and kidney diseases. It is very difficult for him,” defence lawyer Robert San Aung told reporters after the hearing.

He added that the defence has considered appealing for bail to the high court but that “we are afraid it would prolong the trial”.

The military’s decision to sue his client under two different laws for the same alleged offence was “unlawful”, he added.

The filmmaker has been hit with defamation charges under section 66d of the penal code and also charged under section 505a, which bans statements that might induce military officers to “disregard or fail” in their duties.

Each carries a maximum sentence of two years in prison. The latter is a non-bailable offence but the defence has argued that the judge could use his discretion in cases of poor health.

The next hearing will be held on May 9.

Major General Tun Tun Nyi, vice chairman of the Tatmadaw’s True News Information Unit, said he was unable to comment on the defence’s objection to opening two cases.

“I assume they sued him under two sections because he violated both,” he told Myanmar Now.

Min Htin Ko Ko Gyi published a series of Facebook posts in February and March denouncing the military’s role in politics and describing former dictator Than Shwe as a “thief”.

He remained defiant after yesterday’s hearing, declaring sarcastically: “I now regret saying I disrespect them… Now I will say I respect them, respect them with deep admiration!”

His detention comes amid a surge of arrests of peaceful critics of Myanmar’s authorities. Five members of the Peacock Generation Thangyat troupe were detained earlier this week after they criticised the military during a performance over Thingyan.

Human Rights Watch today called on the NLD to repeal repressive laws used to silence peaceful dissent.

“During military rule, Aung San Suu Kyi and many current lawmakers fought for free expression, yet now the NLD majority in parliament has taken almost no steps to repeal or amend abusive laws still being used to jail critics,” said Brad Adams, the group’s Asia director.

Earlier this month the military opened a second lawsuit against a Mandalay-based monk named Thawbita, whose situation is similar to Min Htin Ko Ko Gyi’s.

Thawbita was hit with a 66d charge seven months ago after criticising the military on Facebook. Then earlier this month the military opened a new lawsuit against him, which his lawyer fears will lead to a charge under section 505a.

“The army is really after me," he told Myanmar Now, "but I don’t care because the consequences are to be expected.”

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

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

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The offensives come in the wake of deadly crackdowns against anti-coup protesters in Myitkyina 

Published on Mar 18, 2021
A KIA soldier watches from an outpost in Kachin state in this undated file photo (Kachinwave) 

The Kachin Independence Army (KIA) launched attacks against police bases in the jade mining region of Hpakant on Thursday morning, a local resident told Myanmar Now. 

The attacks targeted police battalions where soldiers were stationed near Nam Maw village in the Seik Muu village tract.

“There are Myanmar police battalions around Nam Maw,” a resident said. At least three bases were attacked, he added. 

A 41-year-old civilian in Seik Muu village injured his left hand during the clash, the Kachin-based Myitkyina News Journal reported.

The KIA has launched several offensives against the coup regime’s forces recently. Fighting has also been reported in Mogaung and Injangyang this month. 

Some 200 people fled the Injangyang villages of Gway Htaung and Tan Baung Yan on Monday after the KIA launched an offensive against the military there. 

The offenses began in the wake of deadly crackdowns against anti-coup protesters in Myitkyina. The KIA has warned the junta not to harm anti-coup protesters. 

 

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

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The coup regime’s forces took the injured people away and locals do not know their whereabouts 

Published on Mar 18, 2021
Kalay residents move the body of a man who was shot dead on Wednesday (Supplied) 

Four young men were killed and five people were injured in the town of Kalay in Sagaing region on Wednesday as protesters continued their fight to topple the regime despite daily massacres across the country aimed at terrorizing them into submission. 

The Tahan Protest Group gathered in the town at around 10am and police and soldiers began shooting. One young man was shot dead on the spot as he tried to help people who were trapped amid gunfire, residents told Myanmar Now.   

The regime’s forces also shot at and chased fleeing protesters along roads and through narrow alleys, a resident said.

“The crowd of protesters dispersed but one person was shot dead while trying to rescue those trapped in the protest site,” the resident added. 

As the crowd dispersed, a man riding a motorcycle was shot outside a branch of KBZ Bank. “He also died,” the resident said. 

Despite the murders, protesters gathered again in the afternoon around 4pm. Police and soldiers started shooting again and killed two people. 

“They were shot dead while trying to set up barricades at the protest site. They were shot while trying to obstruct the army’s way as the army troops chased and shot the trapped protestors,” the resident said. 

The two who were killed in the morning were identified as Salai Kyong Lian Kye O, who was 25, and Kyin Khant Man, who was 27 and had three children. The identities of the other two have not yet been confirmed.

Five people were also injured and then taken away. Locals said they did not know where they had been taken.   

 

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

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