Myanmar: Free Seven University Students in Mandalay
University students sentenced to hard labor for peaceful protest
(YANGON, February 15, 2019) – The Government of Myanmar should immediately and unconditionally free seven university
students sentenced to three months in prison with hard labor for peacefully protesting security conditions on their
university campus in Mandalay, said Athan and Fortify Rights today.
“These convictions are absurd,” said Maung Saungkha, Founder of Athan. “This is yet another example of the Myanmar government jailing students and activists for exercising their right to
peacefully assemble. Instead of locking up students for holding a protest, the government should listen to their calls
for better security.”
On February 13, the Amarapura Township Court found seven students of Yadanabon University guilty of arson and holding a
protest without providing proper notification, sentencing the students to a total of three months’ in prison with hard
labor.
The seven students are prominent members of the Yadanabon Student Union and were involved in organizing a series of
protests beginning on December 28 on Yadanabon University campus, calling for improved campus security.
The security conditions on the campus of Yadanabon University and in surrounding areas in Mandalay are troubling, said
Athan and Fortify Rights. In the fall of 2018, three students—Ko Nay Min Htet, age 19, Htet Lin Thant, age 18, and So
Moe Hein, age 20—were robbed and murdered in Mandalay, while up to 15 motorcycles of students are stolen each year,
according to the protesters. Yadanabon University employs around 30 security officers to provide security for
approximately 25,000 students.
After raising concerns with local officials—including University Rector Maung Maung Naing, Mandalay Regional Chief
Minister Dr. Zaw Myint Maung, and other relevant authorities—and failing to receive an adequate response, the Yadanabon
Student Union organized protests. In addition to demanding better security for students, they called for toilets to be
fixed and more maintenance personnel.
During the protest on December 28, dozens of students burned a mock coffin containing photos of the University Rector
Maung Maung Naing, the Chief Minister of Mandalay Region Dr. Zaw Myint Maung, the Regional Minister for Electricity,
Road and Transportation Zarni Aung, and the Minister for Security and Border Affairs Major Kyaw Kyaw Min. Immediately
following the protest, the Amarapura Township police arrested three organizers of the protest— Kyaw Thiha Ye Kyaw, Ye
Min Htun, and Ye Myo Swe. The authorities initially detained the student leaders overnight at the Amarapura Township
police station. The following day, the Amarapura Township Court issued a remand to send the student leaders to Mandalay
Obo Prison without bail.
Amarapura Township police made further arrests following additional protests on January 2. The authorities arrested
student leaders and protest organizers Ba Chit (aka) Myo Chit Zaw, Phone Myint Kyaw, Ye Linn Aung, and Nay Win Kyaw in
front of the university gate, initially detaining them at the Amarapura Township police station and later transferring
them to Mandalay Obo Prison. The police also issued a warrant to arrest Naing Ye Wai, who is now in hiding, and
temporarily closed down the Yadanabon Student Union office for several days following the January 2 protest.
Initially, the chief of police charged the students with criminal defamation, deterring a public servant from
discharging their duty, arson, and abetting a crime—violations under sections 505(b), 353, 435, and 114 of the Myanmar
Criminal Code, respectively—in addition to holding a protest without notifying township authorities in violation of the
Peaceful Assembly and Peaceful Procession Law. However, Mandalay Regional Chief Minister Dr. Zaw Myint Maung agreed to
drop the charges under sections 505(b) and 353 following negotiations with representatives from the Yadanabon Student
Union on January 24.
Under international law, arrest and detention are unlawful when individuals are engaging in a protected activity, such
as exercising their rights to freedom of peaceful assembly and freedom of expression. Moreover, the requirement under
Myanmar’s peaceful assembly law that protest organizers obtain prior authorization for protests—rather than merely
requiring that organizers notify authorities—is incompatible with international law and standards.
International law permits state authorities to restrict peaceful assembly or freedom of expression only if such
restriction is considered “necessary in a democratic society in the interest of national security or public safety,
public order (ordre publique), the protection of public health or morals or the protection of the rights and freedoms of
others.”
The students’ protest in Mandalay was peaceful, lawful, and protected under international human rights law, said Athan
and Fortify Rights.
“The students did the right thing and were acting responsibly by protesting for more security,” said Matthew Smith, CEO of Fortify Rights. “With these convictions, Myanmar authorities are sending a message to other would-be peaceful protesters and university
students, and it’s the wrong message. The students should be unconditionally freed without delay.”