Arrest of journalists a litmus test for how Thailand treats those fleeing persecution in Myanmar

Three senior reporters who fled Myanmar for Thailand after the brutal military coup “face certain arrest and persecution” if they are deported following their arrest in Chiang Mai on Sunday, journalist groups say.

The three are prominent journalists with the independent Burmese news agency Democratic Voice of Burma (DVB) and were detained in the northern Thai city after a random police search, their editor said in a statement Monday.

They, along with two unnamed activists, have been charged with illegally entering the country.

The case could be the biggest test yet for how Thailand decides to treat those fleeing persecution from Myanmar in the wake of the coup.

“DVB strongly urges the Thai authorities to not deport them back to Burma, as their life will be in serious danger if they were to return,” said Aye Chan Naing, executive director and chief editor of DVB, who used another name for Myanmar.

“They have been covering the demonstrations in Burma until March 8 — the day the military authority revoked DVB’s TV license and banned DVB from doing any kind of media work.”

Thailand Police Captain Duangrit Wannarit, who filed the charges, told CNN Business the five arrested were Burmese passport holders and had not gone through the immigration system.

On Tuesday, a Chiang Mai court adjourned the case until May 17 so the five could seek legal representation, Duangrit said. They will be held at the San Sai district police station until the hearing.

As well as being charged for allegedly entering the country illegally, Duangrit said the “prosecutor will consider if they have also breached the communicable disease act.”

Duangrit declined to give more details, saying it was a “highly sensitive” case. However, he told CNN Business the five would not be sent back to Myanmar immediately after the court proceedings, and would remain in the custody of immigration police.

Thailand’s foreign ministry spokesman Tanee Sangrat said in a tweet Tuesday “Thai authorities concerned are coordinating to find humanitarian solution(s) to the recent case of journalists from Myanmar.”

100 days since coup

Tuesday marks 100 days since Myanmar’s military seized power in a coup on February 1, ousting the civilian government of Aung San Suu Kyi’s National League for Democracy (NLD) party.

Since then, the military junta has brutally cracked down on any perceived opposition to its rule. Mass street protests have been suppressed with deadly force, with more than 780 people killed by security forces and almost 5,000 arrested, according to advocacy group Assistance Association for Political Prisoners.

The junta, led by Gen. Min Aung Hlaing, has attempted to silence independent media. Journalists across the country have been attacked and detained merely for doing their jobs. More than 80 reporters have been arrested since the coup, with more than half of those still in detention as of May 3, according to a statement from Western embassies in Myanmar.

The military has also revoked the licenses of prominent independent broadcasters, online news outlets and newspapers, including DVB, so working for them is considered illegal. On May 4, the junta banned the use of satellite dishes — an order aimed at DVB and banned independent news agency Mizzima, which continued to broadcast by satellite into the country.

Offices of newspapers and online media have been raided, and a nightly news bulletin on state TV broadcasts the names and images of those sought by the junta, including journalists.

Many are being held on charges under section 505a of Myanmar’s Penal Code — a law amended by the military that makes it a crime punishable by up to three years in prison for publishing or circulating comments that “cause fear” or spread “false news.”

There are fears if the five are deported to Myanmar, they will face certain arrest and the possibility of torture. Media and rights groups are calling on Thailand to ensure they remain in the country on humanitarian grounds.

“Thai authorities should uphold the country’s proud history as a sanctuary for journalists fleeing military repression in Myanmar, and on humanitarian grounds should not deport three Democratic Voice of Burma journalists recently arrested for alleged illegal entry,” said Shawn Crispin, senior Southeast Asia representative of the Committee to Protect Journalists.

“Myanmar’s military regime has repeatedly abused and detained journalists, and Thai authorities should not force these members of the press to face potentially severe retaliation for their work.”

Big test for Thailand’s position on coup

The Foreign Correspondents’ Club of Thailand (FCCT) said in a statement it was “seriously concerned” about the arrests.

“These five individuals would face certain arrest and persecution, if not worse, for their work and association with the DVB, and under no circumstances should they be deported back to Myanmar,” the statement read.

“Rather, the DVB journalists and their associates should be released from detention, urgently offered protection, and granted the right to remain temporarily in Thailand.”

DVB’s Aye Chan Naing also urged the United Nations High Commissioner for Refugees in Bangkok “to intervene to help guard their safety.”

“We request the international community to help call the Thai authorities to waive their deportation,” he said.

For years, Thai authorities allowed exiled Burmese media organizations like DVB to operate within its borders.

Thailand has also hosted tens of thousands of refugees in nine main camps along its border with Myanmar for three decades, following armed conflicts, human rights abuses and persecution of ethnic minorities by the Myanmar military. Thailand, however, has not ratified the UN refugee convention.

Thailand Prime Minister Prayut Chan-o-cha also seized power in a coup in 2014, and held onto his leadership following 2019 elections that opponents said were not free or fair. His government has arrested dozens of pro-democracy protesters who turned out on masse demanding his resignation and accusing him of engineering the election. Prayut has denied the election was flawed and allegations of interference.

Prayut has previously declined to make a strong statement on the situation in Myanmar. Last month, the international community had hoped Southeast Asian leaders would be able to reach a breakthrough on stopping the violence in Myanmar at the Association of Southeast Asian Nations (ASEAN) meeting, but Prayut had skipped the summit, sending his deputy prime minister in his place.

“Regarding the situation in Myanmar, it is a highly complex issue,” he had said at that time. “The government is currently working at various channels in order to find peaceful solution, as a duty of being member state to AESAN.”

Thailand has agreed to support the plan that emerged from the ASEAN meeting, which includes ending violence in Myanmar and a constructive dialogue among all parties.

The FCCT warned “the world is watching” how Thailand proceeds, adding it was an “important case for press freedom in Myanmar and the region, and for the protection of those fleeing the junta’s brutal crackdown on independent media and civil society.”