Myanmar Spring Chronicle – January 5 Perspective
Moe Ma Ka, January 6, 2025
Amnesty Used as a Political Tool
On January 4, Independence Day, as in previous years, the military council announced an amnesty for prisoners as part of the celebration. The declaration included the usual phrasing that the amnesty was intended to bring peace and comfort to the hearts of the people. However, no one, including those who issued the order, truly believes in this stated purpose. On special occasions such as Independence Day, New Year, or Buddhist religious days, mass releases of prisoners are announced, a practice known by all citizens of Myanmar.
The public understands well that such announcements are primarily political tools. Among the thousands detained on criminal charges or those unjustly arrested under political charges, a select few are released as part of these amnesties. Amnesty, which involves either reducing the remaining prison sentences of detainees or shortening their terms, has been practiced in Myanmar for generations.
In earlier times, such declarations were made annually or every few years. Since the military coup, however, arrests have skyrocketed, leading to a proportional increase in the number of prisoners released. Most of those released are individuals detained under charges of theft, robbery, drug-related offenses, or murder, while only a small fraction are political prisoners. The overpopulation of prisons has forced authorities to release criminal offenders to manage capacity, demonstrating the strained state of the prison system.
Three Key Observations
A review of this decades-long trend reveals three critical points:
- Arrests of individuals who should not be detained.
- Sentencing of individuals who should not be punished due to a biased judicial system.
- An unprecedented increase in the prison population due to unjust laws.
Laws designed to protect those in power have perpetuated this cycle. The ruling class remains shielded while innocent individuals are detained, or when guilty, they face disproportionate sentences. Since the coup, the addition of legal provisions like Section 505-A to the Penal Code has led to the prosecution of tens of thousands, with 80–90% of those charged under such provisions receiving sentences of three years in prison.
Amnesty as a Public Relations Tool
Authoritarian regimes have long used detention and sentencing to suppress dissent, targeting not only criminals but also political opponents, armed or unarmed. Occasionally, such regimes announce amnesties on significant occasions, akin to the symbolic release of birds or fish for merit-making. However, just as those released creatures are often recaptured, many released prisoners face re-arrest.
This practice turns amnesty into a hollow gesture, failing to address the systemic injustices of the legal and judicial systems. Each year, families of detainees gather outside prisons on amnesty days, hoping their loved ones might be among those released. These scenes—families standing under the scorching sun with fragile hopes—are recurring and poignant.
The Need for Reform
While the resilience of detainees remains unshaken by oppression or unjust sentences, their families bear the emotional toll. These realities generate simultaneous feelings of empathy for the victims and disdain for the oppressive regime. The sporadic release of a small fraction of detainees against the backdrop of thousands unjustly imprisoned underscores the urgent need for legal and judicial reform in a future era of freedom.
The joy of release for some stands in stark contrast to the widespread suffering, emphasizing the necessity of dismantling the authoritarian structures and establishing a system rooted in fairness and justice.