Burma’s government claims to welcome complaints about malpractice, inefficiency and corruption against those in public service. But a recent case of a man imprisoned for repeatedly complaining about electricity problems speaks to how easy it is in an irrational system for the complainant, not the government officials, to wind up in trouble.
In early August, U Khin Maung Kyi called the electric supply corporation in his suburb of Rangoon a number of times to complain about a surge in power at his house. It was not the first time that he had called to make a complaint, and the township supply director had already lodged a criminal case with a local court, alleging that the 45-year-old’s repeated calls were obstructing his staff from performing their duties.
This time, Khin Maung Kyi argued with the duty officer, who refused to give his name or let him speak with his superior. Khin Maung Kyi then threatened to make a complaint to higher levels. Later, when asked about this in court, the official admitted that the caller had not used offensive language or made unlawful threats, but testified that his manner was impolite and that his calls were an inconvenience.
The director might have thought that, by lodging a case in court, he would put Khin Maung Kyi off making more calls. In any event, after this latest incident, he put the local state apparatus into movement against the annoying resident. Continue reading
A court in Rangoon on March 5 sentenced three men who didn’t know each other to a decade’s imprisonment for a crime that they never committed – or rather, for a crime so nebulous that if any of them had ever used a computer he wouldn’t know if he had committed it or not.
The three, Win Maw, Zaw Min and Aung Zaw Myo, were accused of sending news about the September 2007 protests in Burma through the Internet. All were already in jail for other purported crimes.
The next day, police in Bangkok came to one of Thailand’s few outspoken and credible media outlets, Prachatai, searched the premises and arrested its director, Chiranuch Premchaiporn. She is accused of having failed to patrol, censor and delete the comments that readers left on a news website.
The police have charged Chiranuch under the Computer Crime Act 2007, which is only an “act” to the extent that the assembly of handpicked military stooges that passed it could be considered a legislature. According to this law, the importing of “false computer data, in a manner that is likely to cause damage” to a third party or the public or “is likely to damage the country’s security or cause a public panic” can land the accused a five-year jail term.
Now let’s compare that with Burma’s Electronic Transactions Law 2004, Continue reading
Posted in Burma, censorship, courts, crime, dictatorship, human rights, journalism, military, Myanmar, police, rule of law, Thailand, UN, UPI
Tagged Aung Zaw Myo, Bangkok, Chiranuch, Computer Crime Act, Electronic Transactions Law, Human Rights Council, Prachatai, Premchaiporn, Rangoon, Win Maw, Yangon, Zaw Min
Win Maw (above) was always running a risk by sending news from the protests in Rangoon to an overseas radio station last year. But when the police caught up with him in November, they had a problem. He hadn’t actually done anything illegal.
As it is not an offense for someone in Burma to contact a foreign broadcaster, the investigating officer in Win Maw’s case had to stretch the law quite some distance to come up with an alleged crime. In the end, he chose a highly malleable section of the criminal code on upsetting public tranquility, one that has been used against many people in Burma since last year and one that can be stretched very far indeed.
But this decision should have introduced some new problems. The section on public tranquility requires the police to show that the accused either intended to or did in fact upset public tranquility through his behavior. It is not enough for them to merely prove that Win Maw was sending news abroad. They have to demonstrate that he did so with a specific intent or desired result.
In March, the Special Branch officer handling the case, Police Major Ye Nyunt, submitted his complaint to the court. In it, he claimed that Win Maw had upset public tranquility specifically by sending false news overseas that would alarm the public. So it follows that this is what would need to be proven in court, through evidence revealing the contents of what he sent and its conceivable consequences.
Or so it would be if Burma had a sane legal system. That it does not is apparent from what was brought to the court in lieu of the requisite proof. Continue reading
Posted in Burma, courts, crime, dictatorship, human rights, Myanmar, police, rule of law, UPI
Tagged Rangoon, Special Branch, Win Maw, Yangon
The June edition of the New Era Journal, a Burmese-language monthly published in Bangkok, carried a letter from an unnamed senior lawyer practicing in South Dagon, greater Rangoon.
According to the author, to be selected for the test to become an apprentice judge these days a lawyer needs to pay the selecting panel 3 million kyat – upwards of US$2,500. The writer lamented that although senior judges know about this they turn a blind eye.
The claim is interesting but not remarkable. In Burma, where people have to put up extra cash for everything from a mobile phone permit to a hospital bed, or even a mat on the floor, why not also for a court verdict? After all, the judges have paid to get their posts, and surely expect something in return.
When an advocate practicing in Rangoon was asked a while ago roughly how much it costs to win an ordinary criminal case he laughed and replied with his own questions, as to which type of case, involving who as the defendant and victim, and in which township or district it would be heard. His intricate knowledge of brokering now rivals his knowledge of the law itself.
That Burma’s courts are places where services are provided to the person with the highest offer is also unsurprising when they are compared to those in the country’s neighbors. From Bangladesh to Indonesia, judges cut deals and entertain proposals that have nothing to do with their job descriptions. Continue reading
Posted in Burma, courts, dictatorship, human rights, Myanmar, rule of law, Thailand, UPI
Tagged General Ne Win, Ne Win, NEJ, New Era Journal, Pakistan, Rangoon, South Dagon, Sri Lanka, Supreme Court, Yangon
Over a week ago, the Asian Human Rights Commission issued an appeal on behalf of U Ohn Than, who is imprisoned in Kamti in upper Burma. The 60-year-old was among the few who protested last August against the government’s unannounced dramatic increase in fuel prices, precipitating the historic monk-led revolt in September.
Ohn Than went out alone, standing opposite the U.S. Embassy in the center of Rangoon with a placard that called for United Nations’ intervention and pleaded for the armed forces and police to join in efforts to topple the junta. (VIDEO)
His protest did not last long. Within a few minutes an unidentified vehicle pulled up and a group of men threw him inside and drove away. For the public, that was it. For Ohn Than, it was only the beginning. Continue reading
Posted in Burma, courts, crime, dictatorship, human rights, Myanmar, police, protest, rule of law, UN, UPI
Tagged AHRC, Asian Human Rights Commission, Kamti, Ohn Than, Rangoon, Saffron Revolution, show trial, U Ohn Than, Yangon
On the night of June 4, a group of police officers came to a house in suburban Rangoon, searched it and took away one of the occupants. But the person they took is not a wanted robber, murderer or escapee. He is a comedian.
Although Zarganar (pictured above at left, with fellow actor and social activist Kyaw Thu) is famous in Burma for his antics on stage and screen, he has not been joking much lately. Instead, he has been at the front of local efforts to get relief to where it has been needed most since Cyclone Nargis swept through his country a month ago.
Zarganar, whose adopted name means “pincers”, has thrown everything into the relief effort, organising hundreds of volunteers in dozens of villages to help in giving out food, water, clothes and other basic necessities to thousands of people.
His sister told Voice of America that he had sold his and his wife’s mobile phones to use the money for the work, and that as the monsoon is setting in they had just purchased seeds to distribute in order that villagers who have nothing to plant might at least grow vegetables and stave off hunger.
He has also been a vocal critic of the government response to the cyclone, constantly pointing to the shortfalls in assistance and needs of survivors.
“The odor [of death] sticks with us when we come back from the villages,” Zarganar told The Irrawaddy news service on June 2, a full month after the cyclone struck. Continue reading
Posted in Burma, constitution, dictatorship, human rights, Myanmar, police, poverty, protest, rule of law, UPI
Tagged Cyclone Nargis, Nargis, Rangoon, The Irrawaddy, VOA, Voice of America, Yangon, Zargana, Zarganar