Amendments To The Law 'Allow' The Myanmar Military To Carry Out Violence, Unilateral Arrests And Violating Privacy

Myanmar police when facing anti-military coup protesters. (Twitter / @ NyeinKyawKhant)

JAKARTA - The widespread demonstration by the people of Myanmar who rejected the February 1 coup had prompted the military to amend several laws in anticipation of demonstrations.

This amendment deals with the 'legality' of acts of violence against protesters, removing restrictions on detention, reinstating guest registration, and implementing new sentences against protesters.

For example, an amendment to the Privacy Act reintroduces mandatory overnight guest registration. This allows the authorities to carry out midnight inspections without guarantees and a breach of privacy. Its return allows security forces to hunt down opponents, make arrests and search private property without a warrant.

The suspended Privacy Act provisions prohibit arrest and inspection of households without a warrant, as well as state surveillance of individuals and their personal communications and the detention of civilians for more than 24 hours without a court decision.

Launching The Irrawaddy, lawyer U Khin Maung Zaw said the democratic provisions ensuring the protection of the privacy and security of individuals who were harassed by the authorities had been removed, referring to the suspension of the provisions of the Privacy Act.

On Sunday, the military regime also amended the treason and high-level Sedition Act in the country.

"He made an amendment to use it for himself, that's not a law. They amended the law to prevent the next government or authority from suing them. But in fact, they can still be prosecuted retrospectively, ”explained legal advisor Sai Aung Myint Oo.

Meanwhile, the original Article 121 of the Criminal Code says anyone who "tries or prepares by force of arms or other violent means to overthrow the organs of the Union or its constituent units established by the Constitution" are guilty of high treason.

After the amendment, only unconstitutional use of force of arms would constitute high treason. This means the use of force is acceptable as long as it is carried out by the Constitution.

The military regime also expanded the definition of and imposed harsher penalties for, the crimes of sedition under the Penal Code, with the clear aim of targeting anti-coup protesters. These crimes now include those found to have incited hatred or humiliation and dissatisfaction with military and military personnel, or any attempt to sabotage or obstruct the success of the Defense Agency and law enforcement organizations. The crime now carries a prison sentence of up to 20 years.

U Khin Maung Myint's legal adviser said the recent changes to the law pose a serious threat to the freedom and security of every citizen.

"It seems that the prosecutor's authority has been expanded because it can arrest anyone who wants without giving reasons, and detain people without a court ruling, while citizens' rights have been severely restricted", he criticized.

Lawyer U Kyee Myint, however, said amendments to the law that attempt to justify a military power struggle are not binding, because the military seizes power "unconstitutionally".

Article 417 of the Constitution obliges the President to declare a state of emergency when there is a risk to the country's sovereignty. Article 418 requires the President to hand over all powers to the Supreme Commander of the Defense Agency. Contrary to this provision, a state of emergency following the recent coup was declared by the military vice president, General Myint Swe, after the military detained President Win Myint.

In addition to the aforementioned legal changes, the military government is also working to enact a new Cybersecurity Law that will give almost unlimited powers to access user data, ban content that they don't like, restrict internet providers and data interceptions, and jail opponents of the regime that express it. viewpoint on the internet, as well as officials at non-compliant companies.

It will also allow the regime to arrest anyone accessing sites like Facebook, which is still banned in the country, via virtual private network (VPN) applications.

“I would say that laws that are against justice, made in the interests of those in power, are not laws. If this is the situation, it will be fair when the public opposes it", lawyer U Khin Maung Zaw told The Irrawaddy.