The Supreme Court of the Union

Handbook for Media Access

to the Courts

www.unionsupremecourt.gov.mm
Handbook for Media
Access to the Courts

Handbook for Media Access

to the Courts

8 October 2015
Handbook for Media
Access to the Courts

Workshop on Court Information, Nay Pyi Taw

Handbook for Media
Access to the Courts

CONTENTS

Introduction 1

Formation of the Courts 2

Adjudication of the Cases 13

Obtaining Information of the Case 16

Guidelines to Follow in Obtaining Information 19

from the Court

Related Terminology of the Criminal Law 22

Communication with Court Information Officers 24

Handbook for Media
Access to the Courts
Handbook for Media
Access to the Courts

Introduction

1. The Media play an important role in disseminating

information of the news of the cases related to the
judiciary. They are also responsible for releasing
accurate information concerning the adjudication of the
cases. Releasing information on the adjudication of the
cases in the courts is the best way of releasing news for
the public to be aware of the law so as to be abided by
the law. As the information from the courts is to be
obtained in accordance with the existing laws, rules and
regulations, and the specified ways and means, it is
necessary for the media, desiring to obtain information
from the court, to have a good knowledge of the
matters relating to judicial functioning and process.

Workshop on Court Information, Nay Pyi Taw

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Formation of the Courts

2. Under section 293 of the Constitution of the

Republic of the Union of Myanmar (2008), Courts of

the Union are formed as follows:

(a) Supreme Court of the Union;

(b) High Courts of the Region and the State;

(c) Courts of the Self-Administered Division

and Zones;

(d) District Courts;

(e) Township Courts; and

(f) Other Courts constituted by law.

3. Moreover, Courts-martial have been established

in order to adjudicate the Defence Services personnel;

and similarly, Constitutional Tribunal of the Union is

formed for the purpose of dispensing the matters

relating to the constitution.

(a) Supreme Court of the Union

The Supreme Court of the Union is the

highest organ of the State Judiciary without

affecting the powers of the Constitutional

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Tribunal and the Courts-martial. The Supreme

Court of the Union exercises both the

appellate and revision powers. It also has the

original jurisdiction which enables it to hear

cases as the court of first instance. Moreover, it

has the jurisdiction on confirming death

sentence and appeal against death sentence.

The Supreme Court of the Union has the

power to issue following writs;

(1) Writ of Habeas Corpus1;

(2) Writ of Mandamus2;

(3) Writ of Prohibition3;

(4) Writ of Quo Warranto4;

(5) Writ of Certiorari5;

(1)
The formal written order issued by a court of the Republic of the Union of Myanmar or a competent
authority by which the detainee is brought to the Writs Department, and his detention is scrutinized
and heard to determine its legality.
(2)
The formal written order issued for the omission of a legal authority or an organization or a government
institution to act according to the law with the power conferred to them.
(3)
The formal written order issued for the execution of a court or a judicial matter prohibiting from taking a
specified action that is beyond the limit of the judicial authority vested in it or is against justice.
(4) The formal written order issued for a government department or an authority under scrutiny to ensure its
legality that it has performed in accord with the law enacted for an individual or the general public, rules,
regulations, procedures, orders, announcements and directives.
(5) The formal written order issued for the decision of a court or of a certain quasi-judicial matter after finding
under scrutiny that it is not in accord with the law so as to legalize that decision.

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(b) High Courts of the Region and the State

In accordance with provisions of the Constitution,

the High Courts of the Region and the High

Courts of the States have been established in the

respective Regions and States. All over the country,

a total of 14 High Courts of the Region or State are

formed. Under the constitution, the Chief Justices

and Judges of the High Courts of the Regions or

Workshop on Court Information, Yangon

States are appointed. The High Courts of the

Regions or States have the jurisdictions in

adjudicating on original case and in adjudicating

appeal and revision cases as well. Under the

guidance of the Supreme Court of the Union, the

High Courts of the Regions or States supervise the

judicial matters in their own jurisdictions.

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(c) Courts of the Self-Administered Division and

Zone

The Court of the Self-Administered Division and

the Court of the Self-Administered Zone are

established under the Constitution and the Union

Judiciary Law. Like the District Judges, Judges

from the Court of the Self-Administered Division

or Zone have the jurisdiction relating to original

criminal cases, original civil cases, appeal cases

and revision cases.

(d) District Courts

District Courts are formed under the Constitution

and the Union Judiciary Law. Within the territory
of the Republic of the Union of Myanmar, 71
District Courts are formed and a District Judge for
each District Court is appointed by the Supreme
Court of the Union. Depending on the minimum
and maximum numbers of caseloads, the
Additional District Judge and the Deputy District

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Judge are also appointed there. District Judges

have the jurisdiction on original criminal and civil

cases, appeal cases, and revision cases. Being the

courts that have the original jurisdiction, District

Courts decide the criminal cases punishable to

death penalty and transportation for life.

Concerning the civil cases, District

Courts adjudicate the disputes in which the value

Eastern District Court, Yangon

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of the subject matters does not exceed 500 Million

Kyats. Under the guidance of the Supreme Court

of the Union and High Courts of the Regions and

the States, District Courts supervise the judicial

administration of the township courts.

(e) Township Courts

In the Republic of the Union of Myanmar, 330

Township Courts have been established and for
each of which, a Township Judge is appointed.
Depending on the volume of the cases, the
Additional Township Judge and the Deputy
Township Judges are also appointed. Those
judges are conferred with judicial powers by the
Supreme Court of the Union in accordance with
the provisions of the Criminal Procedure Code
and Civil Procedure Code. The township judge is
the officer in charge of the administration
matters of the township court. The township
judge administers the cases filed before the

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township court and is also responsible for

distributing those cases to other judges. The judges

to whom the cases are distributed have the right to

dispense their cases independently. Township

courts are mainly courts of original jurisdiction. In

virtue of office, the Township judges are empowered

Senior Journalist U Khin Maung Lay (Pho Thaukkyar) gives speech at the
Discussion Meeting of 3 Pillers and Media

to pass sentences of up to 7 years imprisonment.

The additional township judges, if being conferred

special magisterial powers, may award sentences

for a term not exceeding 7 years of imprisonment.

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Deputy township judges may only impose sentences

according to the respective first class, second class

and third class magisterial powers. Regarding the

civil cases, the township judges and the additional

township judges are empowered to adjudicate the

disputes in which the value of the subject matters

does not exceed 10 million kyats, and the deputy

township judges have the jurisdiction on civil suits

not exceeding 3 million kyats. In accordance with

the Child Law (1993), the township judges

those who are conferred the juvenile jurisdiction

in virtue of their office.

(f) Other Courts constituted by law

Under the provision of the special law, with the

aim of completing and compounding the cases

speedily and effectively, separate Courts such as

the Juvenile Courts, the Municipal Courts and the

Traffic Courts are formed by the Supreme Court

of the Union.

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Media Room, Yangon Eastern District Court

(i) Juvenile Courts

The Child Law (1993) was enacted in

order to implement the rights of the

child envisaged in the United Nations

Convention on the Rights of the Child.

For adjudicating the juvenile offences,

the Juvenile Court (Yangon) has been

established for 20 townships in Yangon

City Development Area; and the

Juvenile Court (Mandalay) for 5

townships in Mandalay City Develop

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-ment Area. For trying the juvenile

cases occurred in the other townships,

the respective township judges are

conferred the power of juvenile

jurisdiction.

(ii) Municipal Courts

In order to try the municipal offences,

after consultation with the Yangon City

Development Committee, 7 separate

courts have been established in Yangon.

Municipal offences include those

violating provisions of the City of

Yangon Municipal Law, rules, by-laws,

orders and directives. Separate courts to

try municipal offences have also been

established in Mandalay in accordance

with the Municipal Law. Similarly, a

separated has been established to try

municipal offences occurring in Nay Pyi

Taw Council Area.

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(iii) Traffic Courts

In order to try the offences committed

by violating the vehicle rules and the

road disciplines, the separate courts has

been established in Nay Pyi Taw

Council Area, Yangon City Develop-

ment Area and Mandalay City Develop

-ment Area in consultation with the

Traffic Rules Enforcement Supervision

Committee.

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Adjudication of the Cases

4. The cases heard before the courts are divided into

two types: criminal cases and civil cases. They are

again subdivided into Criminal Original Case and

Criminal Miscellaneous case for criminal matters, and

so are the Civil Regular Suit and Civil Miscellaneous

Suit for civil matters. Hearing the case of first instance

is known as the original case; filing the appeal on a

certain decision is called the appeal case; and filing the

case for revision is known as the revision case.

Application of the Special Appeal regarding the

decision of a Supreme Court Justice can be submitted

to be heard by the Full Bench.

5. In adjudicating the criminal offences, the general

procedures are as follows:

- Prosecution and filing of the case to the

courtor lodging the complaint to be taken

cognizance of the offence;

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- Appearance of the accused before the court or

Summons to the accused to appear before the

court;
- Submission of the special power by the

lawyers;

- Examination the complainant and the

witnesses for prosecution;

- Notification of the order to frame the charge or

to discharge, and discharging the accused if

not charged;
- Plea of the accused and his examination after

being charged;

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- Examination of the witnesses for the defense;

- Hearing the final argument;

- Passing of the final order of adjudication.

6. Similarly, the general procedures of adjudicating

the civil suits are as follows:

- Lodging of the plaint at the court by the

plaintiff;
- Summons to the defendant;

- Asking for clarification by the defendant;

- Submission of the written statement by the

defendant;

- Framing the court issues on the basis of the

arguments in plaints and written statements;

- Filing the lists of witnesses by both the parties;

- Making decisions after full hearing of the

arguments if there are preliminary issues;

- Examination of the witnesses from both

parties;

- Passing the final order of adjudication,

drawing up the final decree or preliminary

decree.

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Obtaining Information of the Cases

7. The Media Law of Myanmar provides the freedom

of the journalists, news media workers and the media.

The provisions in Section 4 of the Media Law include

the rights of the media to freely criticize, point out or

recommend operating procedures of the legislative,

the executive and the judiciary in conformity with the

constitution; and the right to investigate, publish and

broadcast information and related opinions to which

every citizen is entitled. In exercising the right to

freely criticize, point out or recommend, the media

shall avoid the acts that can belittle the judicial

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authority of the court; that is against public justice (fair

trial); that can have negative impact on the public trust

in the judiciary; and that can reveal criticism in

advance either in speaking or writing on the facts that

are to be decided by the court.

8. In accord with the Courts Manual, any person

including the media are entitled to receive copies of
judgments, orders and decrees of the criminal and civil
cases by the permission of the court. However, only to
the parties or clients of the cases are entitled to review
the case files and request the copies of documents
included in the proceedings. Normally, the parties or
clients shall personally submit the application for copy
and pay for the copying fees. Then, the court will issue
the copies within the specified date. If required
urgently, they can be obtained after paying the fees for
urgent copies. The media are entitled to obtain copies of
the proceedings’ record in accord with the provision of
the Copying Rules.

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9. It is the principle of the judiciary that any persons

prosecuted for the criminal offences shall be deemed to

be innocent until they are clearly found guilty by the

evidence. The court where the criminal proceedings are

heard is regarded as the Open Court to which,

depending on the space of the court, the public hearing

is allowed. However, the public access is not allowed

for the trial of criminal cases that are related to the

State’s Secrets provided in the Burma Official Secrets

Act. Similarly, in the Child Law, no person other than

the child’s parents or its guardian, staff of the court,

Law Officer and police officer shall be present at or

allowed access to the place of trial of a Juvenile case.

Moreover, public access is prohibited in the trial of the

cases on which the presiding judge assumes those cases

to be the special proceedings.

10. Generally, records of the juvenile proceedings are

closed to the general public. Nevertheless, Section 43

(d) of the Child Law (1993) provides that the Juvenile

Court may allow inserting and announcing of

information revealing the identity of a child who is

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accused of having committed an offence or a child who

is participating as a witness in any case, in the radio,

television, newspapers, magazines, journals and

publications and displaying and making use of the

photograph of the child, if it is believed to be of benefit

to the child. On the other hand, in its Section 66, it is

also provided that whoever committed in doing so

without the prior consent of the relevant juvenile court

shall, on conviction, be punished. Hence, the media

may obtain information by entering the court-room of

the proceedings, obtain the records of the proceedings

and reuse them in accord with the provisions of the

law.

Guidelines to Follow in Obtaining

Information from the Court

11. Obtaining information from courts at different

levels and releasing them shall be in compliance with

the guidelines mentioned below:

(a) Bring the Press ID-Card (Reporter Card) to

obtain information from the court;

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(b) Formally obtain information at a specified

place after requesting permission from the

relevant Head of Office and making

appointment;
(c) Shoot videos and pictures only at a specified

meeting room. Do not shoot videos and

photographs at the places that are not

concerned with the news being obtained;

(d) Do not conduct interviews and obtain

information with the clients or the parties;

(e) Ask questions only about crimes and

criminal proceedings and of procedural

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matters of the trial, whereas those regarding

the merit of the case are not allowed;

(f) Nobody is allowed to conduct interview

and/or to obtain information within the

campus of the court without the permission

of the authority of the Court;

(g) Request prior permission of the Chief of the

Court to obtain information by entering into

the courtroom;

(h) Do not bring the audio recorders, cameras,

and cell-phones into the courtroom where

the case is being tried;

(i) Do not shoot videos or photos at the place of

criminal proceedings by any ways and

means;

(j) Avoid writing the criticism causing the

contempt of court and against public justice

(fair trial);

(k) Mention the news report of the children

involved in the Juvenile Cases only by

the permission of the relevant court;

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(l) Pay attention to the accuracy and certainty of

the news (to be released) before printing and

publication;
(m) Promptly resolve publicly at the instance of

noticing that an incorrect news has been

reported;

(n) Abide by the existing laws, customs and

Media Ethics in writing the news;
(o) Do not write news of the statistics, photo

records and the documents that are

prohibited by a law.

Related Glossary of the Criminal Law

12. The media that have the desire to obtain information

shall have following knowledge of criminal legal terms:

(a) Cognizable and non-cognizable offences

“cognizable offence” means an offence for,

and “cognizable case” means a case in,

which a police-officer may, in accordance

with the second schedule or under any law

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for the time being in force, arrest without

warrant.

“non-cognizable offence” means an offence

for, and “non-cognizable case” means a case

in , which a police - officer may not arrest

without warrant.

(b) Summons Case

“summons-case” means a case relating to an

offence, and not being a warrant-case.

(c) Warrant Case

“warrant-case” means a case relating to an

offence punishable with death,

transportation or imprisonment for a term

exceeding six months.

(c) Bailable and Non-Bailable Offences

“bailable offence” means an offence shown

as bailable in the second schedule, or which

is made bailable by any other law, for the

time being in force; and “non-bailable

offence” means any other offence.

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Communication with the Court Information

Officers

13. The Supreme Court of the Union has formed the

Teams of Court Information Officers at the Supreme

Court of the Union, High Courts of the Regions and

High Courts of the States. Contacts with the Teams of

Court Information Officers can be made as the

following:

(a) The Supreme Court of the Union

(1) Director General

Ph: 067- 430345

Email: [email protected]

(2) Director (Information Technology and Public

Relations Department)

Ph: 067-430323

Email: [email protected]

(3) Deputy Director (Public Relations Branch )

Ph: 067-430334

(4) Assistant Director (Public Relations Branch)

Ph: 067-430334

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(b) High Court of Kachin State

Head of the State Judicial Office
Ph: 074-22382
Email: [email protected]

(c) High Court of Kayah State

Head of the State Judicial Office
Ph: 083-21062
Email: [email protected]

(d) High Court of Kayin State

Head of the State Judicial Office
Ph: 058- 21004
Email: [email protected]

(e) High Court of Chin State

Head of the State Judicial Office
Ph: 070-21079
Email: [email protected]
(f) High Court of Sagaing Region
Head of the Regional Judicial Office
Ph: 071- 24325
Email: [email protected]

(g) High Court of Tanintharyi Region

Head of the Regional Judicial Office
Ph: 059- 23499
Email: [email protected]

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(h) High Court of Bago Region

Head of the Regional Judicial Office
Ph: 052- 200480
Email: [email protected]

(i) High Court of Magway Region

Head of the Regional Judicial Office
Ph: 063-28472
Email: [email protected]

(j) High Court of Mandalay Region

Head of the Regional Judicial Office
Ph: 02- 74952
Email: [email protected]

(k) High Court of Mon State

Head of the State Judicial Office
Ph: 057- 25973
Email: [email protected]

(l) High Court of Rakhine State

Head of the State Judicial Office
Ph: 043-22639
Email: [email protected]

(m) High Court of Yangon Region

Head of the Regional Judicial Office
Ph: 01- 377783
Email: [email protected]

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(n) High Court of Shan State

Head of the State Judicial Office
Ph: 081- 202005
Email: [email protected]

(o) High Court of Ayeyarwady Region

Head of the Regional Judicial Office
Ph: 042- 23661
Email: [email protected]

14. Please contact the respective District Judges for the

information of cases in District Courts, and contact the

respective Township Judges for the information of cases in

Township Courts.

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Handbook for Media
Access to the Courts
Handbook for Media Access
to the Courts

www.unionsupremecourt.gov.mm