- Update info:
- 30 Sep 2017 (Suspended)
- Latest info:
- 6 Jul 2017
- Country:
- UNION OF MYANMAR
- Subject:
- Lawi Weng (aka Thein Zaw), Aye Nai and Pyae Phone Aung
Gender m/f: all m
- Period:
- 30 Oct 2017
- Distribution date:
- 6 Jul 2017
- UA No:
- 159/2017
Three journalists have been detained and are facing up to three years in prison simply for peacefully carrying out their work in conflict-affected northern Shan State in Myanmar. They are prisoners of conscience who must be immediately and unconditionally released.
On 28 June 2017, Lawi Weng (aka Thein Zaw) (39), senior reporter with The Irrawaddy newspaper, Aye Nai (53) and Pyae Phone Aung (24), reporters for the Democratic Voice of Burma (DVB), were charged under Section 17(1) of the 1908 Unlawful Association Act for being in contact with the Ta’ang National Liberation Army (TNLA), an ethnic armed group operating in northern Myanmar. They face up to three years’ imprisonment if found guilty of the charges.
The three men were arrested on 26 June along with four other people at a military checkpoint in Payargyi village Namhsan Township, northern Shan State. They had been to an area controlled by the TNLA to report on a drug burning ceremony to mark International Day against Drug Abuse and Illicit Trafficking. Amnesty International has not been able to verify the identity of the four other persons, however local media report that one of the four – a driver – has now been released without charge.
The whereabouts of the journalists were unknown for almost three days before they were transferred to Hsipaw prison, in northern Shan State, where they are currently detained. There are health concerns as Lawi Weng needs to take routine medicine for existing heart problems and was previously treated for kidney failure. Aye Nai also suffers from health problems.
Their next hearing is expected to take place on 11 July 2017 at the Hsipaw Township Court.
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ADDITIONAL INFORMATION
The Myanmar authorities continue to arrest and imprison individuals solely for the peaceful exercise of their right to freedom of expression. The right to freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights (UDHR). In 2015, Amnesty International interviewed reporter Lawi Weng about freedom of the press in Myanmar. His testimony can be read in the report “Caught between state censorship and self-censorship: Prosecution and intimidation of media workers in Myanmar” (Index: ASA 16/1743/2015); https://www.amnesty.org/en/documents/asa16/1743/2015/en/
The Unlawful Associations Act has long been used by Myanmar authorities to arbitrarily arrest and detain people in Myanmar, in particular people in ethnic and religious minority areas. It grants authorities sweeping powers to arrest people considered to be part of an “unlawful association” – though it does not clearly define what an unlawful association is. Under Article 17(1) of the Act, “[w]hoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association or in any way assists the operations of any such association, shall be punished with imprisonment for a term which shall not be less than two years and more than three years and shall also be liable to fine.” The fact that anyone in any way associated with an unlawful organization may be punished with imprisonment has allowed the authorities to use Article 17 for political ends.
The three journalists were travelling in conflict-affected northern Shan State in northern Myanmar. In a report released on 14 June 2017, Amnesty International documented how in Kachin and northern Shan States Myanmar’s Armed Forces have carried out torture, enforced disappearances, extrajudicial executions, indiscriminate shelling of civilian villages, and put punitive restrictions on movement and humanitarian access. Amnesty International also documented human rights abuses carried out by ethnic armed groups operating in the area, including the TNLA, such as abductions, forced recruitment and forced taxation of civilians. See “All the Civilian Suffer”: Conflict, Displacement and Abuse in Northern Myanmar (Index: ASA 16/6429/2017, https://www.amnesty.org/en/documents/asa16/6429/2017/en/
UA: 159/17 Index: ASA 16/6627/2017 Issue Date: 30 June 2017
- Update info:
- 30 Sep 2017 (Suspended)
- Latest info:
- 6 Jul 2017
- Country:
- UNION OF MYANMAR
- Subject:
- Lawi Weng (aka Thein Zaw), Aye Nai and Pyae Phone Aung
Gender m/f: all m
- Period:
- 30 Oct 2017
- Distribution date:
- 30 Sep 2017
- UA No:
- 159/2017
Former prisoners of conscience Lawi Weng, Aye Nai and Pyae Phone Aung have had the charge against them dropped following an announcement by the Myanmar Army. The three journalists were released from prison on 1 September 2017.
The Myanmar Army announced on 1 September 2017 that it had dropped charges against a number of journalists and activists, including Irrawaddy Senior reporter Lawi Weng (aka Thein Zaw), and DVB reporters Aye Nai and Phyae Phone Aung. According to the public statement: “in order to keep on working together for the national interest of the country and the people, the Tatmadaw decided to forgive and drop charges against the personnel and media.” The court formally dropped the charges against the three men on 15 September.
Lawi Weng, Aye Nai, and Phyae Phone Aung were arrested on 26 June 2017 and charged under Section 17(1) of the 1908 Unlawful Association Act for being in contact with the Ta’ang National Liberation Army (TNLA), an ethnic armed group operating in northern Myanmar. They had been to an area controlled by the TNLA to report on a drug burning ceremony to mark International Day against Drug Abuse and Illicit Trafficking.
The three journalists were detained for peacefully carrying out their work, therefore should never have been imprisoned and charged in the first place. Amnesty International will continue to campaign for the release of prisoners of conscience in Myanmar.
Thank you to all those who sent appeals. No further action is requested from the UA network.
This is the first update of UA 159/17. Further information: https://www.amnesty.org/en/documents/asa16/6627/2017/en/
Further information on UA: 159/17 Index: ASA 16/7128/2017 Issue Date: 20 September 2017