A court in Magway region’s Pakokku township has sentenced a woman to nine months in prison for claiming on Facebook that she and her family were pressured by the military to vote for the Union Solidarity and Development Party (USDP).
Thinzar Thanmin, the 25-year-old daughter of a military officer stationed in Pakokku, was found guilty under section 505(a) of the penal code for the Facebook post.
On September 23, she wrote that military families were under orders to vote for the military proxy party in the November 8 election, which delivered a landslide victory to the ruling National League for Democracy (NLD).
“Because my father is a soldier, they’re telling us to vote for the USDP. And they’re threatening my father’s rank because I’m voting for the NLD. I don’t know if I’ll be sued for this post,” she said, writing under the name Thin Zar.
Section 505(a) of the penal code prohibits the publication or circulation of “any statement, rumour or report” that would cause any member of the military to fail in their duty.
However, it is not considered a violation of the clause if there is reason to believe the statement or rumour is true, or if there was no intent behind the action. Infringement can result in a maximum two-year prison term, a fine, or both.
However, in handing down a sentence of nine months with hard labour, Pakokku township court judge Myat Min Han noted that there were mitigating circumstances.
“It is evident the defendant unknowingly violated the regional order issued by the military. However, Thinzar Thanmin has apologized to the military during the court hearings,” he said.
Thinzar Thanmin, who lives with her family, is the daughter of Than Min, a medical assistant warrant officer attached to Infantry Battalion 235 in Pakokku.
The day after her post first appeared, she was summoned for interrogation by a military officer with whom she had a confrontation over his demand for her phone number.
Charges were first laid against her by Lt-Col Aung Khaing Win of Infantry Regiment 101 and Captain Myo Min Lwin of Infantry Battalion 235, who claimed that her remarks were defamatory of the military.
The pair initially filed cases against her under sections 68(a) and 66(d) of the Telecommunications Law at the end of September.
Section 66(d) permits penalties of up to three years in prison for “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person using a telecommunications network.”
During her indictment last week, judge Myat Min Han told Myanmar Now that these charges had not been presented to the court.
However, the case is now being presented to the Ministry of Transport and Communications in order to proceed with the charges, according to the Pakokku police station.
