Presidential amnesty in doubt following imprisonment of political activist after his release

Presidential amnesty in doubt following imprisonment of political activist after his release

Published on Thursday, 09 May 2013 22:36

A description in chapter 19 of Section 401 for the Criminal Code

Former political prisoners have raised questions over the president's granting of amnesties after a political activist was sentenced to six years in jail again though he had been released by a presidential pardon.

Political activists also comment that the government's attempt to revive Section 401 of the Code of Criminal Procedure in granting pardons and amnesties during Thein Sein's presidency can harm national reconciliation.

Former army captain Nay Myo Zin from Myanmar Social Life Development Network was ordered by a local court in Ayeyawady Region to pay a fine of 20,000 kyats for defaming the police's reputation last Thursday. But he was sentenced to three months in jail as he refused to pay the fine.

Pantanaw Court issued a release warrant for Nay Myo Zin after his relatives paid the fine on May 7. Officials from Maubin Prison however did not release him saying that the Home Affairs Ministry ruled that he was to be imprisoned to serve the remaining six-year jail term, which was imposed against him when he was charged with an offence for his political movements.

Nay Myo Zin was one of the ex-political prisoners, who were released when President Thein Sein granted the first amnesty to 651 prisoners on January 12, 2012 under Section 401 Sub-section (1). On the same day, 88 Generation Students Group members Min Ko Naing, Ko Ko Gyi, Jimmy, Mya Aye, Pyone Cho and Htay Kywe and Shan National League for Democracy chairman Khun Tun Oo were also released from their prisons.

By order of the president, Myanmar has granted amnesty five times – four in 2012 and one in May, 2013.

The ex-political prisoners however comment that there no longer should be political prisoners under democratic system. Moreover, the government must consider an unconditional release of all the political prisoners, they point out.

'88 Group's Jimmy said imprisoning Nay Myo Zin again is in a way threatening the released political prisoners.

"It's an indirect threat to all of us (the released political prisoners). The government is trying to win international recognition by releasing political prisoners. But locally, it has done such an impropriate act," he said.

Jimmy's prison term was reduced from 65 years to 30 years. But he was released after he had been in prison for four years.

There are some reported cases that the government used to release some political prisoners under Section 401 but when they were arrested again they had to serve both a new prison term plus the remaining term of their former charges.

One former political prisoner Zaw Thet Htwe said: "The government released us saying it would seek cooperation in democratic reforms. We were released before our prison terms were over. In cases of arresting political activists again for law violations in ongoing democratic movements, authorities made them serve the remaining jail of the past. This means that the government is very weak in its national reconciliation efforts."

SNLD Chairman Khun Tun Oo also said: "It is an unfair law, which has tied us since colonial days. Saying about my case, authorities put me behind bars for 93 years although I was not guilty. They take into account the remaining period of jail terms after we have been released. It is like we are walking along the blade of a sword."

A patron of the opposition party, who was released in 2008 after serving his jail term since 1989, said such problems would remain so long as the government (including the next one) continues freeing prisoners under Section 401.

"When authorities released me, I did not sign in bail bonds. I did not listen to them reading rules and regulations. We want a 'general amnesty'. If the government releases prisoners under that law, we will have to go to jail again like Nay Myo Zin," said National League for Democracy patron Win Tin.

When any person has been sentenced to punishment for an offence, the President of the Union may at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced, states Section 401 Sub-section (1) of the Code of Criminal Procedure.

Sub-section (3) also states that if any condition on which a sentence has been suspended or remitted in the opinion of the President of Union, not fulfilled, the President of the Union may cancel the suspension or remission, and there upon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by police-officer without warrant remanded to undergo the unexpired portion of sentence.

Some political analysts comment that many politicians, including members of '88 Group, tend to be imprisoned again as they have been released under Sub-section (3).

Source: http://www.news.myanmaronlinecentre.com/2013/05/10/presidential-amnesty-in-doubt-following-imprisonment-of-political-activist-after-his-release/