Accountability for the Junta Criminals

This report aims to tackle the impunity of junta military leaders for crimes violating international norms of jus cogens. As the National Unity Government (NUG), the legitimate representative of the state, is currently ‘unable’ to ensure fair functioning of domestic courts, and as it has lodged a declaration with the ICC accepting the court’s jurisdiction under article 12 (3) of the Rome statute on August 20, 2021, the court has jurisdiction to prosecute perpetrators of atrocity crimes committed from 2002 on. AAPP argues that military leaders should be held accountable for the crimes committed by their subordinates as per the Rome Statute in all cases where their active (art. 25) or passive (art. 28) responsibility can be incurred.

Assistance Association for Political Prisoners (AAPP)

Sagaing residents say they face discrimination under Myanmar junta

The northwestern region is where the fiercest armed resistance to the military regime is.

Burmese citizens with national registration cards indicating they reside in northwestern Myanmar’s Sagaing region face travel restrictions and other forms of discrimination under Myanmar’s ruling military regime because they hail from the part of the country with the greatest armed resistance to the junta, locals said Friday.

The junta which seized power from the elected government in February 2021 has faced the fiercest armed resistance in Sagaing region. Most of the region’s 34 townships and more than 5,900 villages have been affected by fighting between military forces and members of the anti-junta People’s Defense Forces (PDF). The hostilities and the burnings of villages have displaced thousands of residents in the region.

The junta announced in late March that authorities could check the national registration cards, also known as citizenship verification cards, of people in the region anywhere on demand.

Residents of the region told RFA that people holding national registration cards that identify them as being from the area are limited in where they can travel and cut off from employment opportunities.

A Myaung township resident, who requested anonymity for safety reasons, said registration card holders have been subjected to stricter checks than are those registered in other regions and states since the junta made its announcement.

“There’s nothing we can do about transportation or communications or getting jobs,” he said. “You cannot lie to them as every detail is on the registration card.”

Though no one wants to accept people who have cards beginning with the numerical prefix that identifies them as Sagaing residents, locals are proud that they hold such ID documents, he said.

“But we face a lot of difficulties in travelling and finding jobs,” he said, adding that he was dismayed that employers in other areas of Myanmar discriminated against migrant workers from Sagaing.

A company worker, who spoke on condition of anonymity for the same reason, said authorities question him now when he travels more than they do others.

“It’s just a normal trip, [and] there are many checkpoints along the way,” he said. “There’s a lot of questioning at some checkpoints. They gave you suspicious looks. You will be asked many questions even though it’s a normal business trip, just because you are holding a card with the prefix 5/ and you live in a township where there are concerning situations.’

“I’m always worried they might not accept my answers and turn me back,” the worker added.

‘Public security’ work

A hotel owner in central Myanmar’s Mandalay region, who spoke on condition of anonymity, said regime authorities had not instructed hotels to conduct strict checks of Sagaing region citizens, though they had been told to maintain a list of guests and their phone numbers.

“There are no specific orders to strictly check guests from what township or region they come from,” he said, adding that he did not record the townships from which his guests came.

“But we have been told to keep records of names and phone numbers of guests who stay here because of the current situation in the country and we have to send guest lists to [authorities] regularly,” he said. “They will take action against us if we don’t follow the orders.”

In the past, guests were allowed to stay at guesthouses without presenting their national registration cards if they could produce other identification documents.

Sagaing residents also told RFA that people from the region who want to go abroad for work have been subjected to strict censorship, and some have been refused passports.

Military spokesman Maj. Gen. Zaw Min Tun said there were no special restrictions as such, however.

“Even in places like [the capital] Naypyidaw, you can find people fleeing from the people’s Defense Forces violence in Sagaing region,” he said.

“Of course, there may be security checks in some places,” he said. “This is not done for these registration card owners. They’re just doing their work for public security.”

Nazin Latt, a National League for Democracy lawmaker for Sagaing’s Kanbalu township, described the discrimination as “psychological warfare.”

“It’s a violation of human rights to oppress people in areas with strong opposition, for jobs or travel whether it be for security reasons or not,” he told RFA. “On the one hand, it is seen as a systematic psychological warfare — being refused jobs or being refused to put up at guest houses, finding it difficult to get jobs in Yangon and Mandalay, all these issues. It also depends a lot on the employers.”

A recent job announcement in Mandalay’s Pyin Oo Lwin township, said that people holding cards with the Sagaing numerical prefix on their ID cards could not apply.

RFA could not reach the recruiter by phone for comment.

In the past, during the height of armed conflict between national forces and the ethnic rebel Arakan Army (AA) in Rakhine state, the military and military-controlled local administrative authorities imposed similar restrictions on citizens with the numerical code for the western state on their national registration cards.

The residents were prevented from traveling in other areas of the country, especially in northern Shan state, on suspicion that they might be heading there to participate in military training offered by AA near the border with China.

Translated by Khin Maung Nyane for RFA Burmese. Written in English by Roseanne Gerin.

RFA News

At least six burned bodies found in Myanmar’s Magway region village

More locals, junta troops and PDF members are believed to have been killed in fighting around Myaing Township.

Two days of fighting between junta troops and People’s Defense Forces (PDFs) in central Myanmar’s Magway region ended with the grisly discovery of charred bodies scattered across a village.

Locals told RFA that at least six burned corpses were found in the remains of Sue Win village in Myaing township on Friday. They said they believed there were more victims as the body parts had been scattered. The corpses were so badly burned they could not be identified. 

“There were more than six bodies,” said a local, who declined to be named for safety reasons. “They were not burned in one place. There were many bodies. They were found in four places.” 

Battles between junta forces and local militia groups began on Friday and continued the next day. Locals told RFA they believed the military council had burned the bodies along with four houses and they think the dead are a mixture of locals and PDF members.  However, since the bodies have not yet been identified, it is not yet known if junta forces were among the dead. Some of the bodies were wearing bulletproof vests and army boots, with scarves tied around their necks in the military style indicating the military was trying to cover up its own casualties. Local junta Capt. Soe Win is believed to be among the dead.

“The bodies were brought here in a vehicle,” said a local PDF member. “There were more than seven or eight bodies including those killed in the fighting on the way to our village.”

The military council has not released any information on the discovery of the bodies and calls to a spokesman by RFA on Monday went unanswered.

Ongoing battles between junta troops and the PDFs have left thousands homeless in Myanmar’s second largest region. On June 15 troops torched more than 3,000 houses in one township.

Locals in Myaing township say residents of more than ten villages in the area have fled from the military council’s scorched-earth operations.Figures from Data for Myanmar show that 22 people had been killed in Magway between February last year and the end of April 2022 but more up to date figures are not available. D4M also reported last month that troops had torched more than 3,000 houses in Magway in the first 16 months following the coup.

RFA News

Weekly Udate 27 Jun – 3 July 2022

The resistance is thriving but they need more support. Upon the rise of pro-junta militias is a greater threat to civilian safety and security which must be met with urgency. The National Unity Government must be supported with funds which would ensure PDFs and EROs are well equipped as they defend their communities and fight the illegal, illegitimate and immoral junta.

Military detains three more lawyers representing junta opponents in Mandalay

Like other attorneys targeted before them, they were arrested after leaving their clients’ hearings in Obo Prison

Junta authorities arrested three more Mandalay-based lawyers representing political detainees on Wednesday as they returned home from court hearings inside the city’s prison, according to sources within the local legal network.

The detainees—identified as Tin Win Aung, his wife Thae Su Naing, and Thuta—were reportedly leaving Obo Prison after attending hearings for their clients within the closed court there. 

Three of their local colleagues spoke to Myanmar Now on the condition of anonymity and confirmed their arrests to Myanmar Now. At the time of reporting it was not known where they were being held in junta custody or why they had been specifically targeted.

“We still don’t know the details of their arrests. I only heard that Thuta’s vehicle was also seized,” one of the lawyers said. 

Following the February 2021 military coup, lawyers representing jailed activists and political opponents of the military have also faced threats to their personal security for challenging the practice of arbitrary detentions in a junta-controlled judiciary. 

While the number of lawyers detained across the country is unknown, attorneys in Mandalay said that at least 10 of their colleagues had been arrested since the coup and dozens more are wanted by the military authorities.

Among the detainees is 43-year-old Ywet Nu Aung, a prominent lawyer arrested on April 28. She was representing jailed Mandalay chief minister Zaw Myint Maung and other leaders of the ousted National League For Democracy (NLD) government at the time of her arrest. She was later charged with violating the Counterterrorism Law for allegedly providing funding to an armed resistance group, and was transferred to the Obo Prison in May.

Days before Ywet Nu Aung’s arrest, Si Thu, another lawyer known for helping farmers in land disputes with the military, was beaten by soldiers in front of his wife and children before being taken away from his home in Chanayethazan Township. 

Last December, attorney Lwin Lwin Mar and three other lawyers—all women—were also jailed by junta authorities.

Following the series of arrests, lawyers representing junta opponents have reportedly become hesitant to go to their clients’ hearings inside Obo Prison.

Ywet Nu Aung is seen in front of the Dakhina District Courthouse in Naypyitaw in 2019 (Nyan Hlaing Lin/Myanmar Now)

Lawyer facing life sentence on terror charges sent to Obo Prison

Ywet Nu Aung was being held inside one of Myanmar’s most notorious interrogation centres prior to her transfer to the prison 

Lawyers have been targeted outside of Mandalay as well. In the military’s administrative capital of Naypyitaw, Thein Hlaing Tun—who was representing Myo Aung, the ousted mayor under the NLD—was detained after leaving a court hearing in May 2021. Similarly, two lawyers for deposed Karen State chief minister Nang Khin Htwe Myint were arrested and charged with incitement in June.

The military council has placed a gag order on the lawyers of incarcerated State Counsellor Aung San Suu Kyi, President Win Myint and the NLD’s chief ministers in an effort to restrict information released concerning their trials and charges. 

As of Friday, Myanmar’s military council had detained more than 14,000 people since the coup, of whom 3,000 had been released. 

Myanmar Now News

Survivors haunted by Myanmar army massacre in Sagaing

Eyewitnesses to the brutal killing of 28 civilians in Ye-U Township recall a junta attack that was found to have been documented by the soldiers themselves

No one will stay in the eastern parts of Mone Taing Pin anymore, where locals claim that dogs howl without provocation, putrid odours materialise and vanish, and shadowy figures are spotted only to disappear before they can be identified.

In May, the military massacred nearly 30 people in this village in Sagaing Region’s Ye-U Township. Though the victims’ remains have since been cremated and buried, survivors believe, in accordance with Buddhist custom, that their souls cannot transition into the afterlife until certain religious rituals have been performed.

Due to continued Myanmar army attacks, the living have been unable to make offerings to monks to share the karmic energy that would guide their loved ones to the next realm. 

Once a sceptic of such practices, Mone Taing Pin villager Ko Linn* said he now believes that the ceremony is necessary, speculating that bone fragments of the victims found in homes burned by junta troops may be binding the spirits of the deceased to the location.

“We are planning to make donations in the name of the victims so that their spirits can cross over,” Ko Linn explained. “We will also invite monks to pray for the village and we will spread consecrated sand all over.”

More than 100 locals were initially detained during a May 10 military raid on the 400-household Mone Taing Pin, following an attack by a local defence force on a junta column outside the village that morning. 

Twenty-eight of the captives, all men aged 20 to 60, were later found to have been killed. Three local resistance fighters were also shot dead, bringing the total number of those slain at the site to 31. 

Charred remains were found in four of the at least 30 homes in Mon Taing Pin that were burned down by regime forces during a two-day occupation of the village that began on May 10 (Supplied)  

More burned bodies discovered in Sagaing’s Ye-U Township

Locals say they continue to find the remains of victims killed by regime troops who occupied their villages last week 

Myanmar Now conducted interviews with five survivors of the attack. 

Fifty-year-old Thin Kyi hid in Mone Taing Pin’s monastic library with her husband, Thein Aung,  when soldiers opened fire on the village with guns and artillery on the morning of May 10. 

She recalled bullets hitting the walls around them, and troops entering the compound soon after, capturing the 100 people who had sought refuge on the religious grounds. They separated some 30 men from the women, tying their hands with rope, questioning and beating them. 

The remaining women, of whom there were more than 70, were held for three days without food, another survivor said.

The soldiers released eight elderly men, including U Myint, who described to Myanmar Now the interrogations that took place. 

“They wanted us to say that we were funding the PDF,” he said, referring to the People’s Defence Force, the armed wing of the civilian National Unity Government (NUG). “They asked us where the PDF stayed, and how many PDF members were in the village. We got beaten when we didn’t know the answers.”

Ten of the men who were detained were killed on May 10, and 18 more the following morning, he said.

“They had their hands tied behind their backs and were blindfolded,” U Myint added. 

He escaped with seven other men after the military left Mone Taing Pin on May 12. The soldiers reportedly took three monks from the village with them as hostages. 
Remains_of_mone_taing_pin_victims.jpeg

The charred remains of victims of the massacre found in the houses in the eastern part of Mone Taing Pin village (Supplied)

The charred remains of victims of the massacre found in the houses in the eastern part of Mone Taing Pin village (Supplied)

Thein Aung, Thin Kyi’s husband, was last seen being taken away by the soldiers from the monastery. 

“Run if you see them, or else you will face the same fate my husband did. They burned him alive,” she said. 

Now a widow raising three children, she told Myanmar Now that she did not expect she would ever fully recover from the trauma of losing her husband and neighbours to the junta’s violence. 

“Don’t ask me if I hate the military. I will make sure to teach my children to burn with hate upon hearing the word ‘military,’” she said.

Visual evidence emerges

RFA published photographic and video evidence on June 17 of the military committing atrocities in a location later determined to likely be Mone Taing Pin. The cache of more than 100 photos and video clips was reportedly found by a villager on a phone in Ayadaw Township, south of Ye-U, and subsequently turned over to RFA. It is believed to have belonged to a Myanmar army soldier involved in raids in the area. 

A revolutionary force in Sagaing also sent the same files to Myanmar Now on June 23.

In the now widely seen video footage, three soldiers are seen filming themselves discussing how many people they have killed, and the manner in which they dismembered their victims. 

“I’m an expert in killing,” one of the men—assumed to be the phone’s owner—is heard saying. 

Among the photos recovered from the phone was an image, dated May 10, of around 30 men sitting with their hands tied behind their backs in front of a wooden building, guarded by three junta soldiers.

U Win*, a 45-year-old man from Mone Taing Pin, told Myanmar Now that the photo was taken in the village’s monastery, as RFA also suggested. 

“I can identify all of the people in the photo. Of all of them, I think only one survived. The rest were all killed,” he said. Mone_taing_pin_villagers.jpeg

Villagers seen being held captive by the military in what is believed to be the Mon Taing Pin monastery (Supplied)

Villagers seen being held captive by the military in what is believed to be the Mon Taing Pin monastery (Supplied)

Other photos, including one from the following day, show the soldiers standing over bloody bodies, some of which belonged to men who RFA sources identified as being present in the earlier photo of captives in the monastery. 

The bodies of those killed were later burned in houses in the village, they said. 

Myanmar Now previously reported that some 30 homes were torched in Mone Taing Pin during the raid, and that it appeared that the bodies of those found inside belonged to victims who had been murdered before they were burned.

“There was blood in the front of the houses, so it looks like they were killed outside and then dragged inside and set on fire,” a villager told Myanmar Now at the time. 

RFA contacted the junta spokesperson Gen Zaw Min Tun regarding the evidence, but he declined to comment until the military had carried out its own investigation into the incident. 

*Some names have been changed to protect the safety of the individuals

Myanmar Now News