Announcement to take action in accord with the law against those who broke Section 144 of Criminal Procedure
(26 February, 2021)
The Tatmadaw was temporarily tasked for taking responsibilities of the State after declaring the state of emergency for the country in accord with the Constitution (2008) as attempts to form the new government by summoning the third Hluttaw was to forcibly take all powers of the State because the relevant government, the Hluttaw and the Union Election Commission severally refused the many-time requests of the Tatmadaw, political parties which faced loss and the majority of the people to address the gigantic errors of more than 10.4 million of voting lists in the multiparty democracy general election held on 8 November 2020 and to call the meeting of the “National Defence and Security Council”.
As peaceful protests in democracy were incited to the crowded democracy during the emergency period, then to riot and later to anarchic mob, Section 144 of Criminal Procedure was imposed in some townships as of 8-2-2021 not to occur deterioration of public security, the rule of law, and community peace and tranquillity. After that, although some crowds of people peacefully staged protests, some crowds committed incitements to cause riots and anarchic mobs with forcibly imposing threats to the people and State service personnel who wish to live in a peaceful and stable manner forcibly incite to stage protests and put pressure on them. As such, there were many anarchic riots such as the event of Nay Pyi Taw Thabyegon roundabout, blockage event on rail tracks and event of Gawwein jetty in Mandalay, event in Zaygyo Ward in Mawlamyine, the event of disturbances and pressure on some supporters to the State Administration Council in Yangon Region and events in Hlinethaya Township and the administrator office in Tamway Township. In the events, as rioters committed violent acts harmful to the lives of security forces, one police member lost his life and many security personnel were injured. Many departmental vehicles were damaged as well, as some riotous protesters were dead and wounded.
These riotous demonstrations, which infringed the provisions of the Penal Code in accord with Section 144 of Criminal Procedure were as follows:-
• Section 143 of Penal Code: six months’ imprisonment to be sentenced to those involved in any crowds against the law.
• Section 144 of Penal Code: two years’ imprisonment to be sentenced to those involved in any crowds against the law holding weapons used to kill.
• Section 145 of Penal Code: two years’ imprisonment to be sentenced to those continuously involved in any crowds against the law despite knowing that order has been given to disperse the crowds.
• Section 152 of Penal Code: three years’ imprisonment to be sentenced to those assaulting, threatening, barring and bullying the public service personnel who tried to disperse the unlawful crowds.
• Section 188 of Penal Code: six months’ imprisonment to be sentenced to those who defied the orders which were lawfully announced by public service personnel.
• Section 333 of Penal Code: 10 years’ imprisonment to be sentenced to those, who themselves made public service personnel on duty suffer from severe hurts.
• Section 124-c of Penal Code: 20 years’ imprisonment to be sentenced to those who attempted to delay or disarrange duties and obligations of the bodies to have success in restoring peace and stability of the State.
Although the State Administration Council performed issuance of requests and warnings in a patient manner during more than three weeks of the emergency period starting from 1 February 2021, it was found that attempts were made to reach the anarchic mobs intending to harm the majority of the people wishing for stable and peaceful living. As such, if anyone breaks the above-mentioned provisions, severe action will be inevitably taken against them not to harm the interests of the State and social-economic lives of the people.
State Administration Council