A/HRC/43/51/Add.3 Rakhine State, who has been charged under section 17(2) of the Unlawful Associations Act 1908. 432. JAL 26/09/2019 Case no: MMR 9/2019 State reply: 7/11/2019; 27/11/2019 Allegations concerning the arrest and detention of minority rights defenders Khu Kyue Phe Khel, Dee De, Myo Hlaing Win, Khun Thomas, Khun John Paul and Khu Ree Du, members of the Karenni ethnic minority. 433. JAL 15/11/2019 Case no: MMR 13/2019 State reply: none to date Allegations concerning Mr. Than Hla who has been arrested and charged with offences under section 19 of the Right to Peaceful Assembly and Peaceful Procession Law 2012. 434. The Special Rapporteur thanks the Government for its replies to three of the five communications sent during the reporting period, but regrets the absence of replies to the other two letters. 435. The cases raised by the Special Rapporteur follow a pattern in which citizens have been charged and convicted for exercising their rights to freedom of expression, association and assembly, under a raft of overly broad laws, such as section 505 of the Penal Code. Furthermore, sentences have been disproportionate in terms of duration but also in some cases have included hard labour. 436. The cases of Mr. Aung Ko Htwe (MMR 6/2018) and Mr Min Htin Ko Ko Gyi (MMR 4/2019) are emblematic of the disproportionate response by Myanmar authorities to the exercise of these rights. Mr. Aung Ko Htwe was sentenced for two years with hard labour for having criticised the military for his forced recruitment as a child soldier at the age of 13. Prominent filmmaker and human rights defender Mr Min Htin Ko Ko Gyi was sentenced to one year in prison on 29 August 2019 for having made statements online which were critical of the military-drafted 2008 Constitution and the military’s role in politics. The Special Rapporteur would like to remind the Government that criminal sanctions, in particular imprisonment, for libel and defamation are not deemed proportional with an effective exercise of the right to freedom of opinion and expression 437. The Special Rapporteur reiterates his serious concern at the charge filed against Mr. Aung Marm Oo under the Unlawful Association Act. The charge appears to be laid in relation to him carrying out his professional duties as editor-in-chief of DMG, a news outlet reporting information about the conflict in Rakhine State which is of high public interest. This is particularly problematic in circumstances where media access to the conflict affected areas of Rakhine State is extremely restricted. The charge represents a criminalization of media freedom in Rakhine State and Mr. Aung Marm Oo’s exercise of freedom of expression and association. 438. These cases continue the worrying trend of undue restrictions to fundamental public freedoms in Myanmar, in what appears to be a crackdown on any form of dissent or expression of opinions which are viewed unfavourably by authorities, particularly the military. Furthermore, we are seriously concerned for the health of Mr. Min Htin Ko Ko Gyi who is detained while suffering from liver cancer. 439. Authorities in Myanmar are continuing to use a range of oppressive laws to arrest, detain and prosecute peaceful political activists, critics, and human rights defenders, such as the Peaceful Assembly and Peaceful Procession Law, which are not in line with international human rights law. Nepal 440. JOL 15/07/2019 Case no: NPL 2/2019 State reply: 17/01/ 2020 Allegations concerning an amendment bill to revise the existing act of the National Human Rights Commission (NHRC) Act-2012, potentially severely undermining the NHRC’s authority, effectiveness and independence and limiting the Nepali people’s ability to access justice. 61