Taungup trio released after protest-related incitement charge dropped

By DMG 30 Jun 2021

DMG Newsroom
30 June 2021, Taungup 

A lawsuit under Section 505(a) of the Penal Code against three Taungup residents including a member of the Arakan League for Democracy (ALD) has been dismissed, and the three men walked free on Wednesday along with hundreds of other prisoners released by Myanmar’s military regime. 

U Kyaw Kyaw Lin, associate secretary of the ALD, Ko Hlaing Min Tun aka Thar Gyi and Ko Zar Nay Htoo were arrested on February 28 for their involvement in a protest that day against dictatorship in the town of Taungup.  

The trio had been facing charges of incitement under Section 505(a) of the Penal Code, and Section 19 of the Peaceful Assembly and Peaceful Procession Law. 

“They dropped Section 505(a). Regarding the section under the Peaceful Assembly and Peaceful Procession Law, the judge will hear the case and decide on July 5,” said U Kyaw Kyaw Lin.  

“It has been over four months that we have been detained. The Peaceful Assembly and Peaceful Procession Law only carries a maximum sentence of three months’ imprisonment if found guilty. We’ve already [exceeded that] sentence,” he explained. “So, we would be released [regardless of verdict]. Now, they have released us on bail, saying that our hearing will be held on July 5.” 

Just a day before their release, the prosecution was moving forward with the case against the three men, hearing testimony from Police Inspector Ye Min Tun on June 29. 

“He [the police inspector] said the defendants were protesting for the destruction of the country’s administrative machinery,” said U Khin Maung Htay, a lawyer representing the defendants. 

U Maung Htwee Khaing, deputy township administrator for Taungup Township, filed a case against the three men under Section 505(a), and Police Captain Zaw Latt from Taungup Township police station also sued them under the Peaceful Assembly Law provision, which covers failure to seek permission for a protest in advance. 

More than 2,000 people were reportedly released from prisons across Myanmar on Wednesday, but thousands more remain behind bars as part of a sweeping crackdown on opposition to the military regime, which seized power in a coup on February 1.