Men Detained by Myanmar Army Show Signs of Abuse While in Custody in Rakhine State

Nine civilians detained by the Myanmar military on suspicion of attacking an army column appeared on Tuesday in court in war-ridden Rakhine state’s Mrauk-U township, with two of them accusing soldiers of torture and rights abuses while in custody, their family members and a rights group said.

Myo Hein Swe and Soe Maung Than, residents of Tin Htein Kan village, were arrested along with seven others near Waitharli village on June 22 as suspected members of the Arakan Army (AA), an ethnic Rakhine Army fighting Myanmar forces for greater autonomy in the state. They were apprehended following an AA attack on security forces with remote-controlled mines on a road near the village.

When the pair appeared for their trial in Kyauktaw Township Court, they said they were maltreated during questioning in the jail where they are being held, according to their relatives and members of Rakhine Human Rights Protection who attended the hearing.

Maung Thein Hla, father of Myo Thein Swe, who said he hardly recognized his son in court because his face was badly swollen and bruised, blamed the injuries on possible beatings.

“My son’s face is badly swollen, his eye sockets are bruised, and his eyes are reddened,” he said. “I barely recognized him when I first saw him.”

“The judge asked during the testimony how they got these injuries,” he said. “They all answered that they got the injuries after being kicked and hit with gun butts and beaten by soldiers.”

Members of Rakhine Human Rights Protection noted that four of the detainees trial had facial injuries.

Myo Hein Swe and Soe Maung Than, another detainee who appeared in court, had serious injuries and received medical treatment at Kyauktaw Hospital after the trial, they said.

Their family members said doctors took X-rays of the men because they complained of chest pain and other aches.

Myat Tun, director of Rakhine Human Rights Protection, said that the abuse is a clear rights violation.

“This is totally unacceptable,” he said, adding that torture of civilians by authorities violates the United Nations resolution on torture.

“This is a violation of that mandate and of human rights,” he said. “If they were arresting the young men as suspects, they would have to transfer them to local police after conducting proper interrogations within 24 hours.”

Myat Tun also appealed to authorities to discontinue the arbitrary arrest and torture of civilians in the conflict zone and said his group would submit a complaint letter and photos of the detainees’ injuries to the Myanmar National Human Rights Commission, per a request from their family members.

Commission member Yu Lwin Aung said such complaints are usually referred to the relevant ministries to resolve.

“[But] if it is a very serious case, we investigate it ourselves,” he said. “Afterwards, we send a report with advice and recommendations to the relevant ministry. This is our regular procedure.”

‘The truth will come out’

AA spokesman Khine Thukha accused the Myanmar military of forcing Myo Hein Swe and Soe Maung Than to say they were members of the ethnic army.

“These two young men were traveling to town to withdraw some money,” he said. “But the Myanmar military arbitrarily arrested them along the way and tortured them. They forced them to say they were AA members.”

“They keep committing these arbitrary arrests and torture in contrast to their stated goal of unity for ethnic groups in the country,” he added.

Military spokesman Brigadier General Zaw Min Tun said the truth about the torture allegations will come out in court.

“The truth will come out during the trial,” he said. “Whether it was the military or security forces or the police force arresting them, they are supposed to interrogate them properly after the arrests.”

“They will be submitting their own evidence from interrogations to the court,” he said. “The detainees may testify about their experiences in detention during the trial. The judge will cross-examine their testimonies.”

In a related development, Rakhine state lawmakers on Wednesday unanimously supported a motion to petition the Myanmar government to resume internet service in eight townships in Rakhine and one township in neighboring Chin state affected by the fighting.

On June 20, the government ordered four telecom providers to temporarily suspend the service to areas where fighting has occurred as a security measure.

Rakhine state lawmaker Hla Thein Aung, who submitted the motion on Monday, said the service disruption could lead to more violence in the region.

Domestic and international rights groups as well as Yanghee Lee, the U.N. special rapporteur on human rights in Myanmar, also took aim at the government’s move, saying that the cutoff of mobile data networks would hamper the communication of civilians, prevent journalists from reporting on the conflict, and affect monitoring in conflict zones in Rakhine and Chin states.

Fewer conflicts during cease-fire

Also on Wednesday, the Myanmar military said there had been fewer conflicts with ethnic armed groups in the past six months during a unilateral cease-fire it declared late last year, though skirmishes continue to occur.

Besides Rakhine state, government forces have been battling ethnic armies mainly in Kachin and northern Shan states, where more than 107,000 civilians have been displaced.

In December, the Myanmar military declared a four-month unilateral cease-fire in five of its military command regions in a bid to breathe life into the country’s teetering peace process, though it excluded Rakhine state. The armed forces later extended the cease-fire for two additional months.

The ethnic armies oppose military demands that they lay down their arms and form a single army, and not secede from the federal union that Myanmar seeks to create once peace is established.

Brigadier General Zaw Min Tun said government forces engaged in hardly any clashes with the Kachin Independence Army (KIA) in Kachin state, though soldiers had skirmished with the Restoration Council of Shan State (RCSS) and its armed wing, the Shan State Army-South, and the Shan State Progress Party (SSPP) and its armed wing, the Shan State Army-North, during the first four months of the cease-fire in Shan state.

“In general, we have had fewer clashes and almost no fighting with KIA,” he said. “We fought with the RCSS/SSA and SSPP during the first four months, but in the last two months, fighting against these two groups decreased.”

Myanmar forces also had several clashes with the Ta’ang National Liberation Army (TNLA) in the past two weeks, Zaw Min Tun added.

TNLA spokesman Major Mai Aik Kyaw confirmed that fighting between the two sides picked up in June.

“We had clashes in Kutkai, Mongpon, Namsang, and Kyaukme in June,” he said. “The government army built military camps and had recruited more troops during the past six months. We had to attack the government army because it entered our territory.”

Because the number of battles has decreased, some internally displaced persons (IDPs) who have been living in temporary camps have been able to return home, Zaw Min Tun said.

“[The] military has allowed IDPs to travel in some regions and supported them,” said San Aung, spokesman for the Peace-talk Creation Group (PCG) based in Kachin state’s capital Myitkyina.

“We can’t close [entire] camps because each camp has people from different villages,” he said. “Although people from one village can return home, we can’t shut down the camps because there are still other IDPs from other villages in them.”

Some ethnic groups said that the Myanmar military’s cease-fire has largely failed because it has made little political headway in the country’s peace process.

“The government army has declared a cease-fire for six months, but hasn’t done anything politically to improve the situation, so the peace process has not seen any developments,” said Sai Laik, joint secretary of the Shan National League for Democracy Party (SNLD). “It has been a waste of time [because] it depends on the political desires of both sides.”

“The military seems to have blocked the door of the peace process” he said. “The way for peace talks is blocked because there are restrictions like having a single army and refraining from seceding from the Union.”

Reported by Kyaw Htun Naing and Wai Mar Tun for RFA’s Myanmar Service. Translated by Ye Kaung Myint Maung and Khet Mar. Written in English by Roseanne Gerin.

 

RFA News

There Is No One Who Does Not Miss Home

This animation was released on World Refugee Day – 20 June 2019 – to coincide with the launch of a report on protracted displacement due to armed conflict and related human rights violations. The report – ‘There Is No One Who Does Not Miss Home: A Report on Protracted Displacement Due to Armed Conflict in Burma/Myanmar” – was produced by 15 civil society organizations working with displaced Karen, Karenni, Mon, Ta’ang, Pa-Oh, Kachin and Shan refugee communities. The report can be viewed here: https://bit.ly/2KqUZ3e

 

Burma/Myanmar: End Marginalization of Displaced Ethnic Communities

[Yangon – 20 June, 2019] Refugees and internally displaced persons (IDPs) must be recognized as equal citizens, adequately consulted and be able to meaningfully participate in all decision-making processes concerning their future to ensure that they are not further marginalized, said 15 local Myanmar/Burma civil society organizations in a new report released today – which coincides with the World Refugee Day. Read more

Seeking Justice in Burma (May 2019)

Seeking Justice in Burma 

May 2019

The Restoration Council of Shan State (RCSS) announced a ceasefire with the Shan State Progress Party (SSPP); a new Amnesty International report accused the Burma Army of war crimes in Rakhine State since January; and freedom of expression continued to be stifled as media organizations and journalists were targeted under defamation and assembly laws

Shan State

The Restoration Council of Shan State (RCSS) announced a ceasefire with the Shan State Progress Party (SSPP) after more than a year of fighting and thousands of civilians displaced. The invitation to a truce, however, was not extended to the Ta’ang National Liberation Army.

Justice

 Seven Burmese soldiers convicted of killing 10 Rohingya villagers in Rakhine State in 2017 were released from prison early. The soldiers served less than one year of their ten-year sentence before being pardoned, drawing sharp criticism from activists and observers.

A new Amnesty International report accused the Burma Army of violating international humanitarian law and committing human rights violations in Rakhine State since January 2019. The report draws attention to the Burma Army’s use of indiscriminate attacks in civilian areas and the impunity and lack of accountability for these actions.

The UN Independent International Fact-Finding Mission (FFM) urged the international community to end all financial and other support for the Burma Army, citing a lack of credible progress in the peace process and support for human rights. The statement came after a 10-day visit to the region, where the FFM met with experts, refugees, and representatives from different ethnic communities in Burma. The FFM’s final report to the UN Human Rights Council on human rights violations in Burma by the military and security forces will be submitted in September 2019.

The Myanmar Human Rights Commission is currently investigating the deaths of seven villagers who died while in the custody of the Burma Army in Rathedaung Township, Rakhine State. The seven villagers were among 275 residents from Kyauktan village who had been detained and interrogated on suspicion of having ties to the Arakan Army. The Burma Army also announced its investigation into the incident, drawing heavy skepticism from rights groups.

Twenty-four villagers from Letka village, Mrauk-U Township, Rakhine State were charged under the counter-terrorism law and are currently being detained in Sittwe. Some family members have of accused the Burma Army, who originally detained and interrogated the men before handing them over to the police, of torture. In addition to the 24 men currently being held, three men have also died in custody.

Captain Aung Ko Ko Min from Burma Army Light Infantry Battalion No. 587 was sentenced by a civilian court to 10 years in prison for killing U Tin Soe Myint, a villager from Kalagoke Island, Ye Township, Mon State. Aung Ko Ko Min shot and killed U Tin Soe Myint after he failed to produce his National Registration Card.

 Freedom of Expression/Assembly

Reuters journalists Wa Lone and Kyaw Soe Oo were released in early May to international attention, after spending more than 500 days in jail for their reporting on violence in Rakhine State. Their case garnered wide-spread coverage as a symbol of waning press freedom in Burma.

However, independent media and journalists continued to be stifled under defamation and assembly laws. U Aung Min Oo, chief editor of Development Media Group, a Sittwe-based news organisation, was sued under Article 17(2) of the Unlawful Associations Act by the Ministry of Home Affairs, reportedly for their coverage of the violence in Rakhine State. On May 15th, a reporter from Channel Mandalay TV news station, was arrested and is being held without charge for coverage of a protest over a coal-fired cement factory in Patheingyi Township, Mandalay.

Five activists from the 88 Generation and Open Society were charged after a disturbance broke out between them and the police outside a courthouse, where they were supporting members of the Peacock Generation dance troupe who were arrested and charged for a satirical performance that criticized the military and which was live-streamed over Facebook.

An appeal by Dr. Aye Maung and Wai Han Aung was rejected by the Rakhine State High Court, who will next lodge an appeal against their 20-year prison sentence with the Supreme Court in Naypyidaw. The two were arrested in January 2018, after both had given speeches allegedly criticizing the Bamar-dominated government and its treatment of Rakhine people.

ND-Burma is a network that consists of 12 member organisations who represent a range of ethnic nationalities, women and former political prisoners. ND-Burma member organisations have been documenting human rights abuses and fighting for justice for victims since 2004. The network consists of six Full Members and six Affiliate Members as follows:

Full Members:

  1. Assistance Association for Political Prisoners – Burma
  2. Human Rights Foundation of Monland
  3. Kachin Women’s Association – Thailand
  4. Ta’ang Women’s Organization
  5. Ta’ang Students and Youth Union
  6. Tavoyan Women’s Union (TWU)

Affiliate Members:

  1. All Arakan Students’ and Youths’ Congress
  2. Association Human Rights Defenders and Promoters
  3. Chin Human Rights Organization
  4. East Bago – Former Political Prisoners Network
  5. Pa-O Youth Organization
  6. Progressive Voice

Reuters journalists Wa Lone, Kyaw Soe Oo receive Pulitzer

Wa Lone and Kyaw Soe Oo, the two Reuters journalists who were jailed in Myanmar for more than 500 days after they were convicted of breaking the Official Secrets Act, received their Pulitzer Prize for international reporting on Tuesday in New York City from the Pulitzer Prize Board. Rough Cut (no reporter narration).

Reuters

Justice New Letter (April)2019

Seeking Justice in Burma 

April 2019

Efforts to draft amendments to the military-drafted 2008 Constitution continued to draw opposition and support; Wa Lone and Kyaw Soe Oo were awarded the Pulitzer Prize for coverage of violence in Rakhine State; and freedom of expression continued to be stifled as media organizations received threats and defamation suits continued Read more