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Authorities use anti-protest law to punish students for handing out flyers – HRW

Authorities have found a “new and overly broad” use for the controversial Peaceful Assembly Law: threatening charges against student activists who distributed anti-war flyers in downtown Yangon. 

Human Rights Watch (HRW) said in a statement on Wednesday that the cases against the students should be immediately dropped, and raised concerns about the new application of the law. 

Students handed out stickers and flyers in Yangon on September 10 in solidarity with Rakhine students who had been arrested for protesting the conflict there as well as the internet shutdown. 

The slogans read: “No bloody government. No murder army” and “Oppose murder and fascism and stand together with the Rakhine people.”   

The Peaceful Assembly Law requires organisers of protests to give authorities 48-hours’ notice before holding an assembly. 

“Treating the distribution of stickers and flyers as an ‘assembly’ requiring notice is a new and overly broad reading of that law,” HRW said. 

Police from Special Branch carried out a nighttime raid on the North Okkala home of Paing Min Khant, a member of the All Burma Federation of Student Unions, on September 12.

“When the police knocked on our door, they told us that they were coming into our home to take temperature checks as part of neighborhood health checks for Covid-19,” Paing Min Khant told HRW.

“But then they came in and told us they had filed complaints against us under section 19 of the Peaceful Procession and Peaceful Assembly Law in Mayangone and Kyauktada townships.”

They also arrested Wai Yan Phyo Moe, another student, and took the two they would face charges for distributing the stickers. 

The police released the pair later that evening and said they were conducting “investigations” as part of an “open” case.

Police in Monywa on September 18 raided the home of another student from the federation, Nyi Lin Htin. He was not at home at the time, his family said, adding that the police did not show them a warrant. 

At least 20 students have been charged or are facing arrest for joining recent protests or sticker campaigns criticising the government and military, HRW said. 

“The police’s use of late-night raids against peaceful student activists is abusive and unnecessary, and serves no purpose other than intimidation,” said Linda Lakhdhir, HRW’s Asia legal advisor. 

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