Description:
"Myanmar?s Parliament must abolish or extensively amend its criminal
defamation laws to ensure the protection of the right to freedom of opinion
and expression, said the International Commission of Jurists (ICJ) today.
Criminal defamation laws in Myanmar impose harsh sanctions, such as
imprisonment, to punish free expression. The prospect of arrests, detentions,
criminal trials and prison time could chill the exercise of free expression of
opinions and exchange of information.
The ICJ, the United Nations Human Rights Committee (which monitors and
supervises States? compliance with their international human rights
obligations), the UN Special Rapporteur on freedom of opinion and expression
and other international human rights authorities and an increasing number of
governments consider that criminal defamation laws should be abolished, as
they are incompatible with the right to freedom of expression and opinion.
Myanmar?s 2008 Constitution provides for the protection of freedom of
expression,1 but sets out broad and ambiguous restrictions that limit the
enjoyment of these rights. In addition, the judiciary of Myanmar currently
struggles to adjudicate such criminal defamation cases with impartiality and
competence.2 The result is that enforcement of the defamation laws can result
in violations of a number of international laws and standards protecting
human rights, and also could have an overall chilling effect on the freedom of
opinion and expression in the country.
Just last month, three people faced criminal defamation charges and were
detained pending trial for posting material on Facebook that allegedly defame
either the Myanmar army or a political leader.
• Kachin activist Patrick Kum Jaa Lee was arrested in Yangon for
allegedly posting a Facebook post showing someone stepping on a
photo of an army Commander-in-Chief Senior General;
1 Article 354, 2008 Constitution of Myanmar, limits the freedom of expression to the
extent that it is ?not contrary to the laws, enacted for the Union security, prevalence
of law and order, community peace and tranquility or public order and morality.”
http://www.burmalibrary.org/docs09/Myanmar_Constitution-2008(en&bu)-red.pdf
2 International Commission of Jurists, The Right to Counsel: Independence of Lawyers
in Myanmar: http://www.burmalibrary.org/docs16/ICJ-MYANMAR-Right-to-Counselen-
red.pdf
2
• Chaw Sandi Tun was arrested for a Facebook post pointing out that an
army official was wearing clothes of a similar colour to those of then
opposition leader Aung San Suu Kyi; and
• Maung Saungkha was arrested for allegedly posting a poem on
Facebook he had written about having a tattoo of the President on his
penis. His next hearing at Shwepyithar Township has been scheduled
for tomorrow.
The ICJ is monitoring some of these trials to assess their compliance with
international laws and standards. In one such trial, involving Patrick Kum Jaa
Lee, the accused has been denied bail for the fifth time this week despite his
ailing health.
The laws used to charge and detain the accused are the Electronic Transaction
Law, specifically under provision 34(d), the Myanmar Telecommunications
Law, specifically under provision 66(d), and Article 500 of the Penal Code.
Each of these laws is detailed below..."
Source/publisher:
International Commission of Jurists (ICJ)
Date of Publication:
2015-11-26
Date of entry:
2016-03-31
Grouping:
- Individual Documents
Category:
Language:
English
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Format:
pdf
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77.17 KB