TRAINED TO TORTURE

Systematic war crimes by the Burma Army in Ta’ang areas of northern Shan State (March 2011 – March 2016)

TWO documentation of human rights violations in Ta’ang areas of northern Shan State from March 2011 to March 2016 provides evidence that the Burma Army is committing war crimes, on a widespread, systematic basis – in particular torture, shelling of civilian targets, and forcing civilians to be porters and human shields.

Since 2011, despite the ongoing peace process, the Burma Army has been expanding its forces and launching large-scale offensives against ethnic resistance forces in northern Shan State, including the Ta’ang National Liberation Army (TNLA). The number of Burma Army troops in Ta’ang areas has increased fourfold from over 3,000 in 2011 to over 12,000 in 2016, with at least 7 combat divisions deployed from central Burma. Fierce attacks, including aerial bombing, have caused displacement of over 14,000 Ta’ang villagers, most of whom remain unable to return home.

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Acknowledgment and Rehabilitation of Torture Survivors is Key to Building Peace and Democracy

International Day in Support of Victims of Torture, 26 June 2016

Acknowledgment and Rehabilitation of Torture Survivors is Key to Building Peace and Democracy

The Network for Human Rights-Documentation-Burma (ND-Burma), Wimutti Volunteer Group (WVG), Ta’ang Women Organisation (TWO) and Asia Justice and Rights (AJAR)are calling for acknowledgment and rehabilitation of torture survivors.

ND-Burma, WVG and TWO, AJAR are jointly organising a public event in Yangon to mark the International Day in Support of Victims of Torture. The event aims at honouring and strengthening the voices of torture survivors in their struggle for accountability and dignity.

In Burma/Myanmar, torture against civilians takes place during police detention and interrogation, including of political prisoners, as well as in conflict and post-conflict zones in ethnic areas. Torture includes acts of sexual violence perpetrated by State officials. State institutions have an obligation to put an end to the practice of torture.

Survivors have a right to reparations. In particular, acknowledgment and rehabilitation should be a priority of the government. Urgent needs of torture survivors include: access to health care, psychosocial support (trauma healing) and socio-economic empowerment.

  • In order to demonstrate its commitment to eliminating the practice of torture, we call on the government of Burma/Myanmar toimplement the following recommendations:
  • Put an end to armed conflict and demilitarise ethnic areas, in order to free civilians from violence;
  • Release all remaining political prisoners unconditionally;
  • Sign and ratify the Convention Against Torture (CAT) and implement it into national legislation;
  • Acknowledge publicly the occurrence of torture in Burma/Myanmar and itsimpacton torture survivors;
  • Adopt a reparations policy that addresses the urgent rehabilitation needs of torture survivors, including access to health care, psychosocial support (mental health counselling) and socio-economic empowerment

Yangon, 26 June 2016
ND-Burma, WVG, TWO and AJAR

Contact persons:
– Ko Han Gyi, ND-Burma, + 66 (0)8 1961 5992
– Khin Mi Mi Khine, WVG, + 95 (0) 97 947 31415
– Lway Poe Jaing Kee, TWO, + 95 (0)933179 203
– Patrick Burgess AJAR , +95 (0)9 25 4413 447)

NOTES:

For more information, please see:

  • “The Legacy of Mass Torture and the Challenges for Reform in Myanmar”, Briefing paper, Asia Justice and Rights (AJAR), Wimutti Volunteer Group (WVG) and Legal Clinic Myanmar (LCM), April 2016
  • “’After Release, I had to restart my life from the beginning’, The Experience of Ex-Political Prisoners in Burma and Challenges to Reintegration”, Assistance Association for Political Prisoners (AAPP) and the Former Political Prisoners Society (FPPS), 25 May 2016
  • “To Recognise and Repair, Unofficial Truth Projects and the Need for Justice in Burma”, Network for Human Rights Documentation Burma (ND-Burma), April 2015
  • “Extreme Measures: Torture and Ill-Treatment in Burma since the 2010 Elections”, ND-Burma, May 28, 2012 (link below)
  • “Trained to torture: Systematic War Crimes by the Burma Army in Ta’ang Areas of Northern Shan State”, Ta’ang Women Organisation (TWO), 27 June 2016

About ND-Burma
ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. Seven member organizations and nine affiliatesorganization seek to collectively use the truth of what communities in Burma have endured to challenge the regime’s power through present-day advocacy as well as prepare for justice and accountability measures in a potential transition. ND-Burma conducts fieldwork trainings; coordinates members’ input into a common database using Martus, an open-source software developed by Benetech; and engages in joint-advocacy campaigns. When possible, ND-Burma also collaborates with other human rights organizations in all aspects of its work. Please visit www.nd-burma.org

About WVG
Wimutti Volunteer Group (WVG) is a community-based organization, which was created in 2009. Wimutti is a Pali word (Myanmar ancient literature), which means “freedom”. All of WVG members are socially minded volunteers. WVG is very active in communities doing social work, humanitarian support, and providing educational charity to children from poverty-stricken families. WVG is directly engaging with vulnerable people to create a healthy societal environment through research, advocacy, networking, and improving their collective capacity development. WVG has a special program for strengthening women former political prisoners.

About TWO
The Palaung Women’s Organization (PWO) was established in the year 2000 in response to the lack of women actively participating within other Palaung organizations. PWO changed the strategy to operate its activities more with local communities (remote area). Therefore, according to the 5th congress of PWO which conducted in Jan 2013 we decided to change our organization name as Ta’ang Women’s Organization (TWO) to operate our activities effectively closely with local communities. TWO was formed with the intention of educating and empowering women so that they could develop and strengthen their own self-determination and achieve equality of participation. TWO is involved in the struggle for democracy in Myanmar and works to promote women’s rights and human right in the communities. TWO’s mission is to advocate and advance the status of women in field of development and working forwards achieving gender equality, justice, peace and democratic society.

About AJAR
AJAR (Asia Justice and Rights) is a regional human rights organization based in Jakarta. AJAR works to increase the capacity of local and national organization in the fight against entrenched impunity and to contribute to building cultures based on accountability, justice and a willingness to learn from the root causes of mass human rights violations in Asia Pacific region.
Please visit: www.asia-ajar.org

ND-Burma Calls for an End to Torture on International Day in Support of Victims of Torture

June 26, 2016

Today, June 26, is International Day in Support of Victims of Torture. ND-Burma expresses our solidarity with and support for the hundreds of thousands of victims of torture and their families throughout the world. On this day, we feel it is important to bring light to the torture still being perpetrated in Burma and call for immediate action by the government to bring an end to these atrocious acts.

Torture was, and still is used in Burma as a weapon to suppress dissent by denying victims the inherent dignity of the human being. Torture has a lasting impact on the victim’s physical and psychological well-being and often exposes them to lasting trauma. In Burma, torture has routinely been perpetrated against political prisoners and members of ethnic minorities particularly in conflict areas. While there is hope for improvements in human rights under a new government who has promised to make national reconciliation a priority, ND-Burma continues to document cases of torture throughout the country.

Torture has been carried out systematically in prisons and detention centers in Burma for years. Political prisoners, especially, have been subjected to a variety of methods of torture. A recent report by the Assistance Association for Political Prisoners (AAPP) and Former Political Prisoner Society (FPPS) demonstrated the systematic and widespread nature of torture in Burma, with 72 percent of former political prisoners surveyed reported having been subject to physical torture and 75 percent to psychological torture. The report details various methods of torture including beatings with rods and chains, hooding, forced stress positions, genital mutilation, electric shocks, sleep deprivation and solitary confinement. Victims of these abuses remain throughout the country in desperate need of support and rehabilitation.

The extent of the use of torture in Burma is particularly pronounced in areas with non-signatory ethnic armed organizations (EAOs). The intensification of ongoing conflict between EAOs and the Burma Army has caused many human rights violations, including arbitrary detention – often justified under the Unlawful Association Act – and torture. One torture survivor, arrested by the Burma Army outside his house in Kachin State in December 2011, was accused of being an insurgent and tortured to extract a confession. “Even though I denied being an insurgent member and insisted I was a civilian, they slashed me with a dagger each time I denied it. They slashed my neck with the dagger six times in total. After this they tortured me to the point of disfiguration. They kept me tied up for five days and starved me.” This man’s detention, interrogation and torture lasted for over two months before he was sentenced to two years imprisonment under the Unlawful Association Act.

Ta’ang Women’s Organization (TWO) and Ta’ang Students and Youth Organisation (TSYU) continue to document cases of arbitrary arrest and torture by the Burma Army and EAOs across Shan State. Just this month, the Shan Human Rights Foundation documented the torture of five villagers from Shan State by the Burma Army, two of them under suspicion of being Shan rebel fighters. Moreover, they accused the Burma Army of having killed three civilians during clashes with the SSPP/SSA-N. In Kachin State, two villagers from Waingmaw Township, reported that they were detained and tortured by the Burma Army under suspicion of being members of the Kachin Independent Army (KIA) on May 23. The severe beating of a civilian by four police was also reported in Arakan State on May 25. Unfortunately, these are not isolated cases, and are common practice during clashes between the Burma army and EAOs.

Torture is strictly prohibited under international law. Article 5 of the Universal Declaration of Human Rights (UDHR) states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” As a UN member state, Burma is obliged to adhere to this standard. The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol (OPCAT) further embeds the illegality of torture and obligates states that ratify them to take measures to prevent acts of torture as well as to provide all torture victims with effective and prompt redress, compensation and appropriate social, psychological, medical and other forms of rehabilitation. Under OPCAT these measures are to be periodically reviewed by an independent monitoring body. Currently Burma has not signed or ratified the convention or its optional protocol.

A flawed judicial system, hopelessly inadequate prison system, lack of domestic legal safeguards, ineffective human rights monitoring body, and widespread culture of impunity allows torture to persist in Burma.

In the spirit of the International Day in Support of Victims of Torture, ND-Burma urges the government to:

  • Implement recognition and rehabilitation programs for the many victims of torture in Burma;
  • Take steps to eradiate the practice of torture in Burma, starting with the ratification of UNCAT and its optional protocol;
  • Amend and repeal repressive legislation, such as the Unlawful Association Act, that target ethnic minorities and;
  • Set out a plan for prison reform.

Ratification of key human right treaties will demonstrate the government’s commitment to bring a permanent end to the practice of torture in Burma.

Contact details:;
Ma Su Su Swe (Burma/Myanmar): +95 (0) 9425027681
Ko Tate Naing (Thailand): +66 (0) 812878751

“After release I had to restart my life from the beginning” The Experiences of Ex-political Prisoners in Burma and Challenges to Reintegration

Preface: Since the military coup d’état in 1962, Burma has been in the grip of authoritarian rule. The junta has consistently practiced oppression, torture, arbitrary detention, and long-term imprisonment against perceived enemies of the regime. As a result, since 1962, thousands of political prisoners have been incarcerated by successive regimes, from the General Ne Win era (1962-1988), through to SLORC (1990- 1997), SPDC (1997-2011) and even the notionally civilian government led by former president U Thein Sein (2011-2016).

AAPP research has found that some political prisoners have died in interrogation centers, prisons and labor camps due to severe torture and mistreatment, including insufficient food and water, and lack of health care. Moreover, some political prisoners were forced to work as porters in battle areas. In the worst cases, some political prisoners have disappeared altogether leaving no records behind.

Ex-PPs continue to suffer mentally and physically after they are released from prison. They have urgent needs in education, health care and livelihood. At the same time, their financial situation and their family’s education, health and social standing deteriorate as a result of imprisonment. With these consequences, former political prisoners and their families face difficulties with subsistence and significant barriers to
reintegration. In many cases, this has led to family breakdown.

Today, Burma is governed by a democratically-elected government, voted for by the people for the people. Just days after assuming office, the government has revoked court cases and released political prisoners, activists, and students facing trial. However, not all political prisoners have been released nor charges dropped against those facing trial. Key ministries are still controlled by the military, who retain a constitutionally-mandated 25% seat share in parliament, and so the new government is operating within limited authority.

Burma must go through a transitional period, like so many others countries in the world. During this period, the government must take note of its bad image in the past, learn lessons from other countries in transition, and plan and implement an effective process to prevent massive abuses by state authorities and to guarantee non-repetition of human rights violations. This includes the documentation of human right violations, rehabilitation and reparation. These actions are crucial to the process of national reconciliation and building sustainable peace.

This report sheds light on the situation of political prisoners and what they have gone through. We strongly believe that this report supports an increased understanding of the situation of political prisoners, creating recognition, finding ways to redress physical and mental pain, implement rehabilitation and truth-seeking measures, planning procedures for transitional justice, and enforcing the mechanism of rule of law and judicial process.

Download Full Report by Assistant Association for Political Prisoners – Burma (AAPP-B) here.

AAPP and FPPS (2016) “After release I had to restart my life from the beginning” The Experiences of Ex-political Prisoners in Burma and Challenges to Reintegration

cover report Eng

Preface
Since the military coup d’état in 1962, Burma has been in the grip of authoritarian rule. The junta has
consistently practiced oppression, torture, arbitrary detention, and long-term imprisonment against perceived
enemies of the regime. As a result, since 1962, thousands of political prisoners have been incarcerated
by successive regimes, from the General Ne Win era (1962-1988), through to SLORC (1990-
1997), SPDC (1997-2011) and even the notionally civilian government led by former president U Thein
Sein (2011-2016).
AAPP research has found that some political prisoners have died in interrogation centers, prisons and
labor camps due to severe torture and mistreatment, including insufficient food and water, and lack of
health care. Moreover, some political prisoners were forced to work as porters in battle areas. In the
worst cases, some political prisoners have disappeared altogether leaving no records behind.
Ex-PPs continue to suffer mentally and physically after they are released from prison. They have urgent
needs in education, health care and livelihood. At the same time, their financial situation and their family’s
education, health and social standing deteriorate as a result of imprisonment. With these consequences,
former political prisoners and their families face difficulties with subsistence and significant barriers to
reintegration. In many cases, this has led to family breakdown.
Today, Burma is governed by a democratically-elected government, voted for by the people for the people.
Just days after assuming office, the government has revoked court cases and released political
prisoners, activists, and students facing trial. However, not all political prisoners have been released nor
charges dropped against those facing trial. Key ministries are still controlled by the military, who retain a
constitutionally-mandated 25% seat share in parliament, and so the new government is operating within
limited authority.
Burma must go through a transitional period, like so many others countries in the world. During this period,
the government must take note of its bad image in the past, learn lessons from other countries in
transition, and plan and implement an effective process to prevent massive abuses by state authorities
and to guarantee non-repetition of human rights violations. This includes the documentation of human
right violations, rehabilitation and reparation. These actions are crucial to the process of national reconciliation
and building sustainable peace.
This report sheds light on the situation of political prisoners and what they have gone through. We
strongly believe that this report supports an increased understanding of the situation of political prisoners,
creating recognition, finding ways to redress physical and mental pain, implement rehabilitation and
truth-seeking measures, planning procedures for transitional justice, and enforcing the mechanism of
rule of law and judicial process.

Download for report Report eng ‘“After Release I had to restart my life from the beginning”: The Experience of Ex-political Prisoners in Burma and Challenges to Reintegration’

AAPP (2006) 8 Seconds of Silence

Nothing is more revealing about the situation of human rights in a country than the existence of political prisoners. They embody the denial of the most basic freedoms essential to humankind, such as freedom of opinion and assembly. Moreover, the very manner in which such persons are treated further reflects upon the level of esteem in which a Government holds its own people. At least 1,156 of Myanmar’s citizens are behind bars, without access to the guarantees of due process, for the exercise of their political rights. The judicial system, far from affording individuals basic standards of justice, is employed by the Government as an instrument of repression to silence dissent.

From the outset of my work on Myanmar, I made a point of visiting and reporting regularly on the plight of political prisoners. Aside from my own appraisal of the conditions of detention, I have always counted on the credible information provided by the Assistance Association of Political Prisoners.

The following report unveils the tragic deaths of democracy advocates and human rights defenders in Myanmar’s detention sites or shortly after their release. As I write, news has emerged that yet another political prisoner has died in custody. The death of U Ko Oo brings to nine, the total number of political prisoners known to have died since early 2005 alone.

Download: 8 seconds of silence (635kb)