Kyaw Min Htut, the chair of a legal aid group at a branch of the National League of Democracy (NLD) in Mingin, Sagaing region, was arrested on Thursday on charges of sedition under article 505(b) of the penal code.
The charges were laid after Dr San Win, the chair of the Union Solidarity and Development Party (USDP) in Mingin, reported Kyaw Min Htut for a comment he made on the Facebook page of USDP candidate Maung Myint.
“They reported that it was causing fear to the public. After consulting with a legal advisor, we found that it violated article 505(b), so we got permission from the regional government to proceed with the lawsuit,” Mingin township administrator San Bo told Myanmar Now.
The USDP candidate, Maung Myint, had written that “nationalists should support people facing 505(b) lawsuits,” to which Kyaw Min Htut wrote on October 25 that such shows of support could lead to “crowds and in turn terrorism.”
Kyaw Min Htut will be remanded for two weeks and is currently being held at the township police station. The next court hearing is scheduled for December 17, his brother Kyaw Min Aung told Myanmar Now.
Myanmar Now reached out to Dr San Win for comment, but did not receive a reply.
Dr San Win and Maung Myint were both USDP candidates in the November 8 election. Despite winning in 2010 and 2015, Maung Myint lost this year to the NLD candidate by a landslide.
NLD candidates won every seat in Mingin township.
During the campaign period, Kyaw Min Htut filed a case against Maung Myint, who is also a member of the USDP’s central executive committee, on charges that he had violated election laws prohibiting the use of religion for campaign purposes.
Article 505(b) of the penal code prohibits the publication or circulation of any statement, rumour or report that is likely to induce a member of the public “to commit an offence against the State or against the public tranquillity.”
The penalty is two years in prison, a fine, or both.
