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Myanmar Junta Sentences American Journalist to 11 Years in Prison

US journalist Danny Fenster has been sentenced to 11 years in prison by a Myanmar military court. Photo/Euronews

 Yangon - A Myanmar military court sentenced American journalist Danny Fenster to 11 years in prison. This was stated directly by the male lawyer from Detroit, Michigan.

Fenster, 37, has been detained in Myanmar for more than five months. Bail against him has been denied and held at Insein Prison, Yangon, since his arrest on May 24.

At a court hearing on Friday (11/12/2021), Fenster's lawyer Than Zaw Aung said his client was found guilty on three charges brought against him by the Myanmar military.

The charges include visa violations, unlawful association with an illegal group and incitement under article 505a of the Myanmar Penal Code, which criminalizes publishing or circulating fear-inducing statements or spreading fake news. Fenster was also fined in the local currency equivalent of $50.

Fenster is one of about 100 journalists detained since the February 1 coup. About 30 remain behind bars.

"Earlier this week he was charged with two new criminal charges under the country's sedition and terrorism laws, which carry a maximum sentence of life imprisonment," his lawyer said.

They include charges under Section 124a of the Myanmar Penal Code, which mandates seven to 20 years in prison for trying to bring hatred, humiliation or discontent against the government and military.

The other charges fall under Section 50a of the Counter-Terrorism Act, which states that it is a crime to be associated with an officially designated terrorist group.

According to his lawyer and Myanmar's sentencing guidelines under terrorism charges, Fenster could face a minimum of 10 years in prison and a maximum of life in prison if convicted.

These allegations will be heard separately.

It is not clear why charges were brought against the former managing editor of Frontier Myanmar, an independent news outlet covering current affairs, business and politics in Myanmar. Fenster was arrested at Yangon International Airport while trying to leave the country to meet his family in the United States.

CNN Business has contacted the Myanmar military for comment.

Frontier Myanmar said in a statement posted on Facebook that it was "deeply disappointed" with the sentence.

"Everyone at Frontier is disappointed and frustrated by this decision. We just want Danny to be released as quickly as possible so he can go home to his family," said Thomas Keen, Frontier Editor-in-Chief.

Frontier Myanmar said the allegations were based on allegations that Fenster worked for the banned Myanmar Now media after the military coup. But Frontier said Fenster had resigned from Myanmar Now in July 2020, and by the time of his arrest in May 2021 had been working with Frontier for more than nine months.

Frontier said Fenster received three years for sedition charges, three years for unlawful association charges and five years for immigration charges, adding the sentences handed down were the harshest under the law.

"There is absolutely no basis for convicting Danny of this charge. His legal team clearly demonstrated to the court that he has resigned from Myanmar Now and has been working for Frontier since the middle of last year," Kean said.

Phil Robertson, deputy Asia director at Human Rights Watch, said the sentence was a travesty of justice executed by a kangaroo court operating at the behest and call of the Myanmar military junta.

"The reasons for this outrageous punishment and violation of rights are actually twofold: To intimidate all remaining journalists in Myanmar by punishing Fenster in this way, while at the same time sending a message to the US that the Tatmadaw generals don't appreciate being hit with economic sanctions and can retaliate with hostage diplomacy," Robertson said.

"Journalism is not a crime, and should not be treated as such - meaning Danny Fenster and the many Burmese journalists who are still behind bars must be released immediately," he said, using another name for Myanmar.