The Commercial Appeal

Myanmar court sentences US journalist to 11 years

- Grant Peck

BANGKOK – A court in militaryru­led Myanmar on Friday sentenced U.S. journalist Danny Fenster to 11 years in prison with hard labor, the maximum penalty under three charges, despite calls by the U.S. and rights groups for his release.

It was the harshest punishment yet among the seven journalist­s known to have been convicted since the military ousted the elected government of Nobel laureate Aung San Suu Kyi in February.

Fenster, the managing editor of the online magazine Frontier Myanmar, is still facing additional terrorism and treason charges under which he could receive up to life in prison.

The court found him guilty on Friday of spreading false or inflammatory informatio­n, contacting illegal organizati­ons and violating visa regulation­s, lawyer Than Zaw Aung said.

Fenster wept after hearing the sentence and has not yet decided if he will appeal, the lawyer said.

The harsh penalty is the ruling military’s latest rebuff of calls from around the world for a peaceful end to Myanmar’s political crisis. The government is refusing to cooperate with an envoy appointed by Southeast Asian government­s to mediate a solution, and has not bowed to sanctions imposed by the U.S. and other Western countries.

“It’s clear that Danny is being made an example of, and what it shows is that the junta do not care what the internatio­nal community thinks. They would do as they want, and this is one example of how they are basically showing the internatio­nal community that they cannot be held accountabl­e,” said Manny Maung, Myanmar researcher for the New York-based group Human Rights Watch.

The army’s takeover was opposed by widespread peaceful protests that were put down with lethal force. Security forces killed more than 1,200 civilians and arrested about 10,000 others, according to the Assistance Associatio­n for Political Prisoners. Armed resistance has since spread, and U.N. experts and other observers fear the incipient insurgency could slide into civil war.

Fenster was detained at Yangon Internatio­nal Airport on May 24 as he was about to board a flight to go to the Detroit area in the U.S. to see his family.

The military-installed government has cracked down hard on press freedom, shutting down virtually all critical outlets and arresting about 100 journalist­s, roughly 30 of whom remain in jail. Of the seven known to have been convicted, six are Myanmar nationals and four were released in a mass amnesty on Oct. 21.

Some of the closed media have continued to operate without a license, publishing online as their staff members dodge arrest.

At least three other foreign journalist­s, from Japan, the U.S. and Poland, have been detained. The American, Nathan Maung, said he was tortured while in custody.

The hearings on the original three charges against Fenster were held at a court in Yangon’s infamous Insein Prison, where he is jailed. They were closed to the media and the public, and accounts of the proceeding­s have come from Fenster’s lawyer.

Despite testimony from more than a dozen prosecutio­n witnesses, it was never clear what Fenster was alleged to have done, and it appeared that he was judged guilty by associatio­n.

Much of the prosecutio­n’s case appeared to hinge on his being employed by Myanmar Now, another online news site, that was ordered closed this year. But Fenster left his job at Myanmar Now in July last year, joining Frontier Myanmar the following month.

Prosecutio­n witnesses testified that they were informed by a letter from the Informatio­n Ministry that its records showed that Fenster continued to be employed this year by Myanmar Now.

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