Two prosecution witnesses in a case brought by the military against a filmmaker have denied the Myanmar Army has any problems—and therefore proved the defendant has not broken the law, according to the defence.
Min Htin Ko Ko Gyi, who received treatment for liver cancer five months ago, attended his fourth hearing at Yangon’s Insein township court today.
About a dozen youth activists wearing blue t-shirts blazoned with the writing ‘Respect Right to Freedom of Expression’ cheered the director as he was taken to a small, upstairs courtroom.
Inside, army captains Nyan Min and Hein Htut Oo attempted to justify why the military wants Min Htin Ko Ko Gyi imprisoned for a series of Facebook posts questioning the democratic worth of the military-drafted 2008 Constitution.
“I asked them if there were any problems with the military in the whole of Burma and they said no,” defence lawyer Robert San Aung told Myanmar Mix.
Quoting section 505(a) of the Penal Code, under which the director is being charged, he asked if the posts would be likely to cause “any officer, soldier, sailor or airman, in the army, navy or air force to mutiny or otherwise disregard or fail in his duty as such.”
“They both said ‘no, there are no problems,’” said Robert San Aung. “I think by the end of June this case will finish. My hope is, according to the law he will be released.
“The case is very difficult; it’s not an ordinary case. The prosecution is from the military so I am afraid of a military decision.”
Min Htin Ko Ko Gyi, founder of a human rights-themed film festival, was arrested on April 12 after lieutenant-colonel Lin Htun of Yangon Region Command filed a defamation case in late March under section 66(d) of the Telecommunications Law.
Days later, Lin Htun filed another lawsuit under 505(a). Each law carries a sentence of up to two years in prison.
In a May 22 statement, Min Htin Ko Ko Gyi said the military was violating the law by charging him twice for the same alleged offence, asking the court to reject the 505(a) charge.
“Since the attorney general is from the military, it is clear that the military is meddling in the legal matters of the country in an unlawful manner,” he said.
The current Union Attorney General is Htun Htun Oo, who previously served as deputy attorney general under former president Thein Sein and before that was a military officer.
When he climbed out of the police truck at 11am, the first face Min Htin Ko Ko Gyi saw was a smiling 24-year-old activist, Ye Wai, who he touched on the shoulder before entering a media scrum.
Ye Wai’s fellow blue shirted campaigners, including two former students of Min Htin Ko Ko Gyi, waved as the director was taken to the courtroom, and Maung Saungkha, who was once jailed under section 66(d) for writing a poem, passed him a blue t-shirt.
“The military are very sensitive,” Ye Wai told Myanmar Mix. “If anyone criticizes them, they are willing to sue and charge the people. The election is close and they don’t want the people to criticise them because they have a political interest.”
The activist is part of a youth movement catalysed by a recent spate of military defamation cases against satirical performers, activists, journalists, and a monk.
But the #BlueShirtCampaign is also a nod to a 2010 pro-democracy drive when activists were photographed with the names of detained political prisoners on their palms.
Taking part was U Win Tin, the longest-held political prisoner in Myanmar history, who from his 2008 release to his death in 2014 wore his blue prison shirt in solidarity with others being held.
Kyal Yi Lin Six, 33, one of the creators of another hashtag campaign, #FreeMinHtin, donned a blue t-shirt for the hearing.
As a former student of Min Htin Ko Ko Gyi, the filmmaker activist welcomed the show of support, but noted an absence of Min Htin Ko Ko Gyi’s colleagues in Myanmar’s commercial movie industry.
Min Htin Ko Ko Gyi has produced 10 feature films and documentaries as well as short films.
“It is very rare people talk about the military,” Kyal Yi Lin Six told Myanmar Mix. “People are very afraid. We are trying to get them on board with art. We have a belief that we must grab their hearts and emotions.”
She said her immediate concern is for the health of Min Htin Ko Ko Gyi, who has appeared frail during his hearings.
While section 505(a) is a non-bailable offence, the judge could use his discretion in this case, said the lawyer. Bail has been denied twice, and was not requested today. The next hearing takes place on June 6.
