Avoiding Prosecution As A Result Of The Coup, Myanmar Military Revises Several Articles Of The Law

Armored vehicles are also deployed by the Myanmar military. (Twitter / @ ChanPyaeHlaing)

JAKARTA - The State Administration Council (SAC) led by the leader of the Myanmar military coup, Senior General Min Aung Hlaing, amended the Law regarding treason and high-level incitement. This was done to ensure impunity for Myanmar military leaders who carried out the coup, on February 1.

The articles are Article 121, Article 124, and Article 505 of the Criminal Code which is a legacy of the colonial era.

The original Article 121 reads that anyone who tries or prepares by force of arms or other means of force to overthrow the association organs or constituent units formed by the Constitution is guilty of high treason.

It was changed so that only the unconstitutional use of weaponry constitutes high treason. Meanwhile, the use of gun force is acceptable as long as it is in accordance with the law.

Article 124, which initially reads 'prohibits all attempts to incite hatred or insults or causes dissatisfaction with the government', has been changed to 'prohibit all attempts to cause hatred, insult, and dissatisfaction with the military and military personnel, other than the government'.

It also increased the penalties for these crimes, from three years to a minimum of seven years, and a maximum of 20 years.

The Myanmar military has also amended Articles 124 (c) and (d), criminalizing any attempts' to sabotage or obstruct the success of the Defense Agency and law enforcement organizations involved in maintaining the stability of the country 'and' to obstruct or interfere with Defense service personnel and government employees in duty '.

It also increases the sentence from a maximum of 10 years in prison to a minimum of 10 years and a maximum of 20 years for violating Section 124 (c), as well as a maximum of seven years for violating Section 124 (d).

Likewise, with the amendments to Article 505 of the Criminal Code on incitement, to criminalize 'all attempts to obstruct, disturb, damage the motivation, discipline, health, and behavior of military personnel and government employees and cause their hatred, disobedience or disloyalty to the military and government'.

The military through SAC also added a new subsection to Article 505 that criminalizes 'any attempt to cause fear, spread fake news, or provoke directly or indirectly criminal acts against government employees', with a prison sentence of three years.

The reshuffle comes amid claims that General Min Aung Hlaing could be charged with high treason. As well as the planned prosecution of the military by a committee representing the Myanmar Parliament (Pyidaungsu Hluttaw).

“They are amending the law to prevent the next government or authority from suing them. But in fact, they can still be prosecuted retrospectively”, said legal advisor Sai Aung Myint Oo.

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"It's too risky to change the Criminal Code. Even the Constitution must refer to the Criminal Code. The military cannot simply change it that way. In order to approve and implement laws, there must be a public consensus. The military made amendments to use it for themselves, that's not a law", he stressed.