A prominent filmmaker and human rights activist attended his fifth hearing in Yangon’s Insein township court yesterday, in one of several ongoing test cases for freedom of expression in Myanmar.
Min Htin Ko Ko Gyi, who received treatment for liver cancer five months ago, was arrested after criticising the Myanmar Army’s role in politics and the military-drafted 2008 Constitution in a series of Facebook posts.
The military filed complaints under section 66(d) of the Telecommunications Law and section 505(a) of the Penal Code—clauses that are often rolled out to shutdown critical speech.
The government prosecution is pursuing the 505(a) charge, which carries a sentence of up to two years’ imprisonment for statements that might cause military officers to “disregard or fail” in their duties.
“I did nothing that could lead to causing offence against the military,” Min Htin Ko Ko Gyi told media after the hearing.
“I did nothing except [my post] about the Constitution, so I strongly believe that I won’t be charged under 505(a). As for my health, I have finally managed to get a chance to see my doctor, the hepatologist Win Naing, for the first time after two months in jail.”
His defence lawyer Robert Sann Aung said writing a social media post does not violate 505(a) and he expects the trial to finish at the next hearing.
“So far four witnesses have testified and only one witness is left. He will testify at the next trial, the final trial schedule for June 20,” he said.
The prosecution had not “significantly objected” to the defence’s arguments, he said, but the upstairs township courtroom was too small to provide space for media and observers.
Since Min Htin Ko Ko Gyi was arrested on April 12, a wide spectrum of voices including rights’ groups and international filmmakers have called for his release.
Former students of the director, who tutored 36 filmmakers at his Human Dignity Film Institute from 2013 to 2017, launched a #FreeMinHtin campaign and organized a screening of his short film series on human rights in Yangon.
Amnesty International yesterday released a statement saying requests for bail had been denied and that Min Htin Ko Ko Gyi was in “urgent need” of specialised healthcare. It asked people to petition Attorney General Tun Tun Oo for his immediate release.
Min Htin Ko Ko Gyi is not the only peaceful critic of the army who has recently been targeted.
Members of the troupe Peacock Generation Thangyat have been hit with the vaguely worded section 505(a) for a satirical performance, while the military filed a case under section 66(d) against the editor of The Irrawaddy’s Burmese edition for its coverage of fighting between the army and the ethnic armed group the Arakan Army.
Additional reporting by Lorcan Lovett
