Wednesday, October 15, 2014

Democratic Voice of Burma

Democratic Voice of Burma


Four men found guilty of Mandalay murder

Posted: 15 Oct 2014 05:55 AM PDT

Four men were sentenced to ten years in prison with hard labour on Tuesday for the murder of Soe Min Htwe.

He was killed amid anti-Muslim riots in Mandalay in July.

Supporters say they will fight the sentence, which came after a guilty verdict was handed down on Friday.

Bullet Points: 15 October 2014

Posted: 15 Oct 2014 05:40 AM PDT

On today's edition of Bullet Points:

  • Wanbao drops kidnapping charges against student Phyu Hnin Htwe.
  • Upper house passes broadcasting law.
  • US Congress reps pressure Obama on Burma’s extractive industry.
  • Rangoon protest for political prisoners.
  • Blind ‘walk-a-thon’ draws over one thousand in Rangoon.

You can watch Bullet Points every weeknight on DVB TV after the 7 o'clock news.

Latpadaung activist Phyu Hnin Htwe walks free

Posted: 15 Oct 2014 05:36 AM PDT

Phyu Hnin Htwe, a member of the All Burma Federation of Student Unions (ABFSU) and a student at Mandalay's Yadanabon University, walked free from a Sagaing Division courthouse after kidnapping charges against her were dropped.

The young activist had been on trial for allegedly kidnapping following an incident at the Latpadaung copper mine in May, during which two employees of Wanbaothe Chinese company that operates the mine, were detained. The controversial mine has witnessed a string of protests since November 2012, with local residents and their allies from broader Burmese civil society demanding it be shut down.

"The charges against me and the Latpadaung villagers were unfair from the beginning," Phyu Hnin Htwe told DVB after her release on Wednesday. "As we are all innocent, I see my release as truth prevailing."

She maintains that she was not even in the town of Sete on 18 May, when the incident occurred, which she claims underscores her innocence and that of her fellow campaigners. "I was in the nearby village of Tonywa," she said.

Following her arrest in September, she was charged under sections 346 and 368 of Burma's penal code – which proscribe kidnapping with intent to murder and wrongful confinement – and faced up to ten years behind bars. Villagers released the two Wanbao employees the day after their apprehension.

According to ABFSU spokesman Ye Yint Kyaw, Wanbao formally repealed the charges at her fifth hearing, which occurred at Yinmabin District Court some 15 kilometres northwest of Latpadaung. Two weeks ago, she was denied bail as Wanbao vowed to main the charges against her.

Upon her release, the 21-year old was greeted by dozens of supporters, family members and villagers from Latpadaung, whose cause the young woman had championed until her arrest.

"Phyu Hnin Htwe and ABFSU would like to extend gratitude to the civil society organisations that have assisted her in the trial," Ye Yint Kyaw said following her release. "However, our fight must continue, as we still have more members on trial facing various charges."

Koh Tao murders: ‘Third man’ released, returning to Burma

Posted: 15 Oct 2014 02:46 AM PDT

Burmese migrant worker Maung Maung – held in Thai police custody for two weeks as a potential witness in the Koh Tao murder case – has been released and says he wants to return home to Burma immediately.

Meanwhile, a member of the Burmese embassy delegation at Tuesday’s court hearing on the case said he heard nothing in the witnesses' testimonies that would implicate suspects Win Zaw Htun and Zaw Lin in the 15 September murder of British tourists Hannah Witheridge and David Miller.

Speaking to DVB by telephone on Wednesday afternoon on condition that his location was not disclosed, Maung Maung said he was released on Tuesday evening, following his testimony in a Koh Samui courthouse that day.

"I testified exactly what I knew to be true – that I drank beer with my friends Win Zaw Htun and Zaw Lin, that I left them on the beach to go to my girlfriend's room, and that I found them sleeping in our room when I came home around 5 in the morning.

"I testified neither in favour of my friends nor the Thai police because I believe everyone should be treated equally under the law," he said. "I have told the truth since the beginning. I would not say my friends committed that crime even if it were to cause harm to me."

He said that while in police detention he was physically held down and intimidated during interrogation.

Maung Maung was identified as the third Burmese man, alongside suspects Win Zaw Htun and Zaw Lin, present at Sairee Beach on the night of the murder. He shared a room with the pair, as well as two other Burmese men, Nyi Nyi Aung and Aung Zaw Lin.

Maung Maung, Nyi Nyi Aung and Aung Zaw Lin were called as prosecution witnesses on Tuesday and gave testimonies in a preliminary hearing at a courthouse in Koh Samui, southern Thailand.

Moe Wai, a member of the Burmese embassy delegation that attended the hearing, said Nyi Nyi Aung and Aung Zaw Lin were mostly quizzed about a mobile phone belonging to one of the victims. The pair testified that they were given the phone by the suspects and decided to smash it with a hammer after being unable to use it, he said.

Moe Wai said the questioning of Maung Maung lasted from morning until around 3pm. He was shown screen grabs from CCTV footage that purported to show him, Win Zaw Htun and Zaw Lin riding together on a motorbike and buying alcohol at a shop on the night of 14 September.

Moe Wai said that nothing that the three witnesses said in their individual testimonies amounted to evidence that supports the allegations against Win Zaw Htun and Zaw Lin.

"None of the witness testimonies included anything that could implicate [Win Zaw Htun and Zaw Lin] as the murderers. It's starting to appear that it wasn't them," said Moe Wai.

"The line of questioning from both sides was fair – we can say we are satisfied with the court hearing to a certain level."

He said the judge told the court that under normal circumstances a murder and rape case such as this would take about six months, but due to the victims being foreigners and pressure from the Thai government, the court would try to conclude the trial within about three months.

Win Zaw Htun and Zaw Lin Oo were also present at the hearing on Tuesday when they were asked only to confirm their defence lawyers.

The hearing was attended by migrant rights groups and Thai lawyers.

The police investigation into the 15 September murders of Hannah Witheridge, 23, and David Miller, 24, on Koh Tao has stirred much controversy and criticism in Thailand, Burma and the UK.

Earlier this week, the British minister for Southeast Asia, Hugo Swire, summoned the Thai Chargé d'Affaires Nadthavathna Krishnamra in London, where he reportedly stressed that "there was a real concern in the UK about how the investigation has been handled by the Thai authorities", and "that it was crucial for the investigation to be conducted in a fair and transparent way".

Upper house approves TV & Broadcasting Bill

Posted: 15 Oct 2014 01:50 AM PDT

A draft Television and Broadcasting Bill was approved by the upper house of parliament on Tuesday, paving the way for private TV broadcasters to operate legally in Burma for the first time.

The bill also sets limits on foreign ownership of private TV broadcasters, establishes a national TV broadcaster, and authorises the creation of a council to regulate the national broadcaster. The TV and Broadcasting Bill is designed to supplement the previously enacted Public Service Media Bill insofar as the national TV broadcaster created under the draft law will be treated as a public service media outlet and therefore governed by the Public Service Media Bill.

DVB spoke with Thaung Su Nyein—a member of Burma's interim press council and the CEO of a diversified media group which owns 7 Day Daily News Journal—about whether the new Television and Broadcasting Bill will address concerns that the Public Service Media Bill will protect state-run media at the expense of private media companies.

Thaung Su Nyein said, "If the national broadcasting council is independently set up and it doesn't take instructions or orders from anyone, then I think it has a shot at making public service media truly independent. Otherwise, [it will just be] a branch of the government; regardless of what we call it or how the government tries to frame it as being independent … it's going to be pretty hard for the chair of the council to say no to the government that appointed him."

The draft Television and Broadcasting Bill was approved after upper house MPs discussed every clause in the bill—which contains more than 100 clauses—on 14 October.  Upper house MP Khin Maung Yi told DVB that the bill's final version modified a clause which originally said, "Foreigners and foreign organisations are allowed to invest no more than 30 percent in a broadcasting enterprise". As modified, the final draft now says, "Foreigners and foreign organisations are allowed to make an investment in accordance with existing laws."

Khin Maung Yi said the term "existing laws" refers to any other relevant laws and is designed to ensure that inconsistencies don't arise if foreign direct investment (FDI) or other laws are changed at a later date.

"We decided to amend the clause because there could be changes to the permitted ownership ratios under the FDI laws, so the ratio for TV and broadcasting shouldn't be fixed at 30 percent. Otherwise,  we will have to keep amending it to correspond with changes in the FDI laws," he said.

When asked about foreign ownership of Burmese TV stations, interim press council member Thaung Su Nyein said, "If the law provides for … a minority stake for foreign TV ownership it might actually push for openness and new ways of thinking in the media industry. If the law makes it clear that a foreign media company can invest up to a certain percentage, then I think it's a welcome change."

Burma's Information Minister Ye Htut told reporters in Naypyidaw that after state-run media outlets are transformed into "Public Service Media" they will get 70 percent of their funding from the government under the Public Service Media Bill, while the remaining 30 percent will come from advertising

Ye Htut said, "The new media laws have been structured this way because in some countries public service media is 100 percent funded by taxpayers. In European countries, everyone who owns a TV has to pay over US$100 in public service media taxes, but in Burma it would be implausible to do so."

"As such, we are using a system where the government will propose a budget for public service media to parliament for approval. While we can't disclose exactly how much money will be spent, we will determine whether we can spend it effectively by the end of the year. However, our media laws shouldn't give either parliament or the government influence over editorials and such," said the information minister.

The draft Television and Broadcasting Bill says that a "television and broadcasting enterprise" must operate on public funding and be supervised by the public, as the law aims to serve the public. However, such enterprises must be free from political interference and pressure from business groups, said parliamentarian Khin Maung Yi.

A bicameral parliamentary session sent the draft Television and Broadcasting Bill to the upper house for discussion on 26 February. In order to take effect, the bill must also be debated in the lower house and then signed by the president.

Economic zone expected to drive up Thai-Burmese border trade

Posted: 14 Oct 2014 09:45 PM PDT

Thailand’s border trade with Burma is expected to flourish over the next couple of years, driven mainly by the planned development of a special economic zone (SEZ) in Tak’s Mae Sot district.

Isara Vongkusolkit, chairman of the Thai Chamber of Commerce (TCC), said this year alone the cross-border trade between the two countries was expected to grow by 10% from last year’s 197 billion baht.

This is fuelled particularly by the bustling activity in Mae Sot, where the border trade is expected to surge 30% this year from 43.7 billion baht in 2013.

Mae Sot was chosen in July by the National Council for Peace and Order to be developed into an SEZ.

Other SEZs in Thailand are  in Songkhla’s Sadao district, tambon Khlong Luek of Sa Kaeo’s Aranyaprathet district, Trat’s Khlong Yai district and Mukdahan’s Muang district.

However, Mr Isara said the Mae Sot checkpoint still had problems with transport infrastructure and roads.

“Tak’s border trade would be greatly facilitated if a second Thai-Burma Friendship Bridge could be built connecting the two countries and roads were improved on the Burmese side around Myawaddy,” he said.

TCC vice-president Niyom Waiyaratpanich also believes a second bridge linking Thailand and Burma would facilitate bilateral trade, particularly in terms of logistics costs, which could be halved to one baht a kilogramme.

Thailand will gain much benefit from a Mae Sot SEZ, not only from reduced logistics costs but also higher employment of foreign workers, he said.

Mr Niyom said more importantly, the new SEZ would convince small and medium-sized enterprises to invest more in the area.

However, the government should also offer attractive incentives to attract investment there, he said.

Foreign Trade Department statistics show Thailand’s border trade with Burma amounted to 123 billion baht in the first eight months of this year, down by 2.51% year-on-year.

The border trade with Burma during that period accounted for 19.5% of Thailand’s border trade in all areas, which totalled 633 billion baht, up by 4.3% year-on-year.

Last year, Thailand’s overall border trade with all four neighbouring countries was valued at 924 billion baht, up by 1.51% from 2012.

Of that total, exports accounted for 560 billion baht, up by 0.58% from 2012, and imports 364 billion baht, up by 2.98%.

Mr Isara expects 2014 will turn out to be another good year for Thailand’s overall cross-border trade, growing by at least 10%.

This article was originally published in the Bangkok Post on 15 October 2014

Britain, Burma to monitor Koh Tao case

Posted: 14 Oct 2014 09:16 PM PDT

Thailand has agreed in principle to allow a team of observers from Britain and Burma to observe judicial procedures in the Koh Tao murder case that has sparked a barrage of media criticism in both countries.

The move was approved during a meeting of officials including Thai national police chief Somyot Pumpanmuang, Thai Foreign Ministry deputy permanent secretary Kiattikhun Chartprasert, British ambassador Mark Kent and Burmese ambassador Win Maung. Details of how the monitoring will work in practice are pending further discussion.

The meeting came one day after Hugo Swire, the British minister for Southeast Asia, summoned Thai chargé d’affaires Nadthavathna Krishnamra to raise concerns about the investigation into the 15 September murders of Hannah Witheridge, 23, and David Miller, 24, on Koh Tao.

Mr Swire stressed that "there was a real concern in the UK about how the investigation has been handled by the Thai authorities" and "that it was crucial for the investigation to be conducted in a fair and transparent way".

He also noted "his concern about the way that the police had engaged with the media on the case, and reiterated that the UK police stood ready to assist with the investigation and subsequent legal process", insisting the British government and the victims' families need to receive regular updates on the investigation's progress.

Thai Foreign Ministry spokesman Sek Wannamethee said Pol Gen Somyot used the three-hour meeting  on Tuesday to assure the two envoys that the Thai government is handling the case with transparency.

"The British and Burmese governments are ready to send a team of observers to monitor the process and the police chief said he was willing to accept," Mr Sek said.

Prime Minister Prayut Chan-o-cha meanwhile welcomed the idea, saying the Thai government is willing to explain the full details of the case, since officers have been handling the matter competently. But he denied that the Thai chargé d’affaires in the UK had been "summoned".

"They did not summon us. We went to provide clarification to them," he said. "We went to show them how we work."

He said British authorities may have been surprised that Thai police were able to arrest the suspects, given that reports in the Thai media had implied the force was unlikely to apprehend them.

"Burma and Britain monitor Thai media, including social media, which could have confused them," Gen Prayut said. "It is quite normal for them to ask for clarification in the case. It doesn't mean they don't trust our judicial system."

In Surat Thani, the Koh Samui Provincial Court Tuesday proceeded with its preliminary hearings involving key prosecution witnesses. Maung Maung, 23, testified against his two friends, Win Zaw Htun and Zaw Lin, who are alleged to have killed Miller and raped and murdered Witheridge.

The two suspects were allowed to attend Tuesday's hearing and question the witness. A lawyer from the Lawyers Council of Thailand was appointed to represent them in court.

Maung Maung, who works as a waiter at AC Two restaurant on Koh Tao, confirmed that he, Win Zaw Htun and Zaw Lin were the three men in footage taken from security cameras on the night of the murders.

The prosecution lawyer played the footage in which they went into a 7-Eleven shop at 11.10pm on Sept 14 and bought three bottles of beer. Maung Maung was seen on camera leaving the 7-Eleven to buy cigarettes from a nearby store at 11.12pm.

The three were later caught on another security camera leaving a soi in front of AC Bar, where the two victims were last seen before they were murdered. Zaw Lin was seen driving with Maung Maung and Win Zaw Htun riding pillion on the back of the same motorcycle. Win Zaw Htun carried a guitar.

Maung Maung said he and the two others drank beer and played guitar on Sairee beach that night, about 100 metres from the crime scene. He said he left the others once they finished the beer.

Thawatchai Siangjaew, director-general of Office of Public Prosecution Region 8 in Thailand, said his team is still waiting for the final part of a re-investigation report from police. Prosecutors earlier found that two parts of the investigation report were incomplete.

He added that police investigators have laid an additional charge against the two Burmese suspects. The new charge is of murder with intent to conceal the crime and avoid prosecution.

 

This article was originally published in the Bangkok Times on 15 October 2014 

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