The Pakokku township court in Magway region indicted a woman on Wednesday on charges of accusing the military of pushing families attached to an infantry battalion to vote for the Union Solidarity and Development Party (USDP).
The charges relate to a September 23 Facebook post in which the defendant, 25-year-old Thinzar Thanmin, claimed that she and her family were being pressured to support the military proxy party in the November 8 election.
“The court made an indictment today under section 505(a) and the defendant pleaded not guilty. She said she had nothing to prove nor any will to do so. She stated that to the court herself,” her lawyer, Cho Cho Mar, told Myanmar Now.
Section 505(a) of the penal code prohibits the publication or circulation of “any statement, rumour or report” that would cause any member of the military to fail in their duty.
Thinzar Thanmin arrived at the court handcuffed and wearing personal protective equipment as a precaution against contracting Covid-19. Her mother, Sandar Khaing, declined to make a comment to the media.
“There’s nothing to say. It’s up to the court to decide,” she said.
On September 23, Thinzar Thanmin wrote on Facebook that her father, who is stationed in Pakokku with Infantry Battalion 235, was facing possible demotion because of her support for the ruling National League for Democracy (NLD).
“Because my father is a soldier, they’re telling us to vote for the USDP. And they’re threatening my father’s rank because I’m voting for the NLD,” she said, writing under the name Thin Zar.
“I don’t know if they’ll sue me for this post,” she added.
The day after her post first appeared, she was summoned for interrogation by a military officer with whom she had a confrontation over his demand that she give him her phone number.
Charges were first laid against Thinzar Thanmin by Lt-Col Aung Khaing Win of Infantry Regiment 101 and Captain Myo Min Lwin of Infantry Battalion 235, who claimed that her remarks were defamatory of the military.
They initially filed cases against her under sections 68(a) and 66(d) of the Telecommunications Law at the end of September. However, Pakkoku township court judge Myat Min Han told Myanmar Now that these charges had not been presented to the court.
After questioning the plaintiff and seven prosecution witnesses at the hearing on Wednesday, the court indicted Thinzar Thanmin under article 505(a) of the penal code.
Meanwhile, a committee formed by former political prisoners to defend Thinzar Thanmin said that it was denied permission to meet with her at Pakkoku prison so that they could offer her legal representation.
Wah Win Maung, a lawyer who made the request for the committee, told Myanmar Now that police also made it impossible for him to meet her at the hearing. He also noted a heavy military presence at the court.
“Both her parents were there. We could see military officers pressuring them,” he said.
The next hearing is scheduled to take place on December 1. Lawyers from both sides will be giving their closing arguments, said defence lawyer Cho Cho Mar.
Thinzar Thanmin faces a maximum two-year prison term, a fine, or both if found guilty.
