Weekly Update on the Situation of Human Rights in Myanmar Post-Coup (28 June -4 July)2021

The people have not lost momentum in their commitment to reject the coup & ongoing militarisation. Protests continue amid calls for more support to IDPs living in remote areas and more international accountability for military crimes committed. The impunity must end! See more in our weekly update

Myanmar Now multimedia reporter among hundreds of detainees released from Insein Prison

Myanmar Now’s multimedia reporter Kay Zon Nway was among the more than 700 people released from Insein Prison on Wednesday afternoon, according to a family member.

She was arrested on February 27 while covering a protest in Yangon and had been charged under Section 505a of the Penal Code for incitement, which carries a prison sentence of up to three years.

The 27-year-old journalist spent 124 days in detention.

“She called us with someone else’s mobile and told us that she was coming back home,” a relative of Kay Zon Nway told Myanmar Now.

During her four months detention, she had been separated from the other prisoners and placed in a smaller cell with one other female inmate for more than a month until the end of May.

Kay Zon Nway’s separate confinement began weeks after the mid-April start of Ramadan. As a Muslim, she was fasting, and was accused of staging a hunger strike. Prison officials later attributed her punishment to a case of mistaken identity, according to her lawyer.

Also released along with Kay Zon Nway was Ye Myo Khant, photojournalist at the Myanmar Pressphoto Agency, and Aung Ye Ko, a reporter at 7Day News, who were detained on the same day in late February. They were also facing the same charges of violating Section 505a.

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Ye Myo Khant is seen outside Insein Prison on Wednesday following his release (Mg Mark)Ye Myo Khant is seen outside Insein Prison on Wednesday following his release (Mg Mark)At the time of reporting, it was unclear how many journalists who had been charged with incitement were among the more than 2,000 detainees released on Wednesday across the country. Prisoners already convicted and sentenced were not among those who were freed.

Since Wednesday morning, relatives of detainees had been waiting outside prisons across the country to welcome the release of their loved ones. Prison officials only began the release in the late afternoon.

The Irrawaddy reported that six journalists, including Kay Zon Nway, were freed on Wednesday.

Some young activists, protesters, and poets who were arrested for their involvement in anti-coup demonstrations were among the released detainees, according to their family members.

Myanmar Now is still gathering further information on those who were released.

According to the Detained Journalists Information Myanmar, a local project which compiles data on arrested reporters and news outlets under prosecution, 50 journalists were facing trial as of Tuesday four had been convicted of incitement.

Myanmar Now News

Weekly Update on the Situation of Human Rights in Myanmar Post-Coup

The junta is continuing its campaign of terror as it indiscriminately shoots at civilians and arbitrarily arrests them with no evidence or just cause. People in Myanmar are continuing to resist ✊ Conflict increased in Kachin State with civilians forced to flee for their safety. Aid is needed, alongside greater protection for the most vulnerable. See more in our weekly update

Released American journalist says Myanmar military using torture to hunt down opposition leaders

Nathan Maung, 44, was detained for more than three months in Myanmar before being deported to the United States on June 15. During that time, he said he endured two weeks in a secretive military-run interrogation center in the country’s biggest city Yangon.
Speaking to CNN Business on Wednesday from Washington, DC, Nathan Maung described his time in the facility as “hell” and said he prepared himself to die there, believing the soldiers would kill him.
He is one of more than 6,200 people arrested since Myanmar’s military, led by Gen. Min Aung Hlaing, seized power in a coup on February 1, according to advocacy group Assistance Association for Political Prisoners. The military overthrew the elected government of Aung San Suu Kyi and embarked on a bloody crackdown on dissent and on any perceived opposition to its rule. Mass street protests have been suppressed with deadly force.
Former inmates, lawyers and family members of those held have previously told CNN the detainees have been subjected to torture during interrogation and held out of contact from loved ones. Some — including members of the ousted National League for Democracy (NLD) Party — have died while in custody, their bodies showing signs of brutal torture.
CNN Business has reached out to Myanmar’s military for comment.
Nathan Maung was detained in Myanmar for more than three months.

Despite months of escalating violence, the junta has said it is using restraint against what it called “riotous protesters,” who it accuses of attacking police and harming national security and stability.
Nathan Maung is co-founder and editor in chief of the Myanmar online news site Kamayut Media. He was arrested on March 9 alongside co-founder and news producer Hanthar Nyein, 39, as security forces raided their office.
Though now living in the United States, Nathan Maung said he is “not happy” and feels an overwhelming guilt he was released because of his American citizenship, while his friend and colleague Hanthar Nyein, a Myanmar national, remains incarcerated in the notorious Insein Prison.
“We’ve been through the hell together. So, we should be released together,” Nathan Maung said, his voice cracking with emotion. “I really want him to know that we are not forgetting him. He’s not alone.”
Danny Fenster, another American journalist who was prevented from boarding a flight out of Myanmar on May 24, remains in detention, also in Insein Prison.

Weeks of ‘hell’

Nathan Maung knew something was wrong when a convoy of military trucks full of soldiers pulled up outside Kamayut Media’s office in Yangon. Security forces barged through the door and raided the office, seizing equipment and taking Nathan Maung and Hanthar Nyein with them as they left.
“They sent us to the interrogation center in Mingaladon,” he said, referring to a suburb of Yangon.
There, Nathan Maung said they were beaten, denied water for two days and food for three. They were handcuffed and blindfolded nearly the entire two weeks they were there, he said.
“They started with a blindfold and handcuffs and then started questioning. They kicked our face, hands and shoulder, all the time. For every answer, they beat us. Whatever we answered — whether correctly or incorrectly — they beat us. For three days, non-stop,” he said.
Nathan Maung said the facility had five houses and one big office. Within the buildings, he said, there were four interrogation cells. He said his blindfold was removed on his final day there so he got a look at the room and the buildings.
“In the room there is a CCTV camera, there’s no bed, only a small table and a chair so you sit all day and night,” he said. “You are blindfolded and there is no time to sleep. They won’t let you. They put the handcuffs in front so you can try and sleep like that, but every five minutes they show up and start the questioning.”
This torture carried on for eight days, during which the detainees would be moved between the houses and cells.
His colleague Hanthar Nyein bore the brunt of the torture, Nathan Maung said.
“Hanthar was badly treated because he was Burmese national. He had to kneel down on the ground for like two days. His skin was burnt with a cigarette,” he said.
Nathan Maung believes the soldiers were pressuring Hanthar Nyein to hand over his phone password, which would give them access to his encrypted communications and phone records with high profile opposition and activist leaders.
For days, Hanthar Nyein held out from revealing the password, offering them false numbers in the hope his phone would automatically lock anyone out of using it. But the final straw came when the guards threatened to rape him.
“Hanthar couldn’t stand for this and so he surrendered his password and they stopped beating,” Nathan Maung said.
Nathan Maung’s phone broke during the arrest. The beatings stopped for him on the fourth day, he said, when the soldiers discovered he was a US citizen.
“They stopped beating me and started asking questions about why the US government sent me and were giving me US funding, if I was working for the CIA — those kind of stupid questions,” he said. “I said no, I’m a journalist, no one gave me money.”
So, the line of interrogation focused instead on his media company Kamayut Media. He said the soldiers asked about budgets and finances. “They are looking for any fundraising or where we got it,” he said.
Journalists Nathan Maung and Hanthar Nyein in Myanmar.

Nathan Maung believed he would die in the interrogation cell.
“I thought, if we survived for two days at the beginning, we’ll be alive … but after that then nobody knows,” he said. “When they started giving us drinking water I thought, OK, we won’t die, we’ll live.”
Nathan Maung said he meditated to help get through the mental and physical trauma. “That’s the only thing that saved us from the hell,” he said.
But his ordeal was not over.
After 15 days, Nathan Maung said he was transferred to a detention center adjoining Myanmar’s Insein Prison, an overcrowded penitentiary of about 10,000 inmates that has a reputation for ill-treatment and terrible conditions. For two more weeks, he was kept in a large cell with about 80 other people — all student activists, protesters, and NLD members, he said. Then he was moved to solitary confinement, where he stayed until his release on June 14.

Stopping the junta’s violence

Nathan Maung and Hanthar Nyein’s treatment in detention are not isolated incidents.
On Tuesday, Human Rights Watch reported that many of the thousands of people arbitrarily detained by the military have been subjected to torture, routine beatings and other ill-treatment since the coup.
“Myanmar’s military and police often hold detainees in custody for extended periods, in overcrowded and unhygienic interrogation centers and prisons. Those detained are frequently kept incommunicado, unable to contact relatives or legal counsel,” the organization wrote in the report. It added the victims “described beatings, burnings from lit cigarettes, prolonged stress positions, and gender-based violence.”
Manny Maung, HRW’s Myanmar researcher and no relation to Nathan Maung, said in a statement that since the coup, authorities have been using torture “without fear of repercussions.”
“The sheer brutality of the beatings and abuse shows the lengths to which Myanmar’s military authorities are going to silence anyone opposing the coup,” she said.
Nathan Maung said he believes he was arrested because the military saw him “as an enemy.”
He was one of at least 88 journalists arrested since the military takeover as part of a crackdown on independent media. Many media workers have been forced into exile abroad or have fled to rebel-controlled areas in the jungles. Those who remain in the cities have gone into hiding, and swap safe houses every few days to avoid arrest.
“They tortured me because I believe in democracy and human rights and freedom of expression,” Nathan Maung said.
The military junta has struggled to consolidate its power over the whole country, as it continues to face mass public opposition. Large-scale nationwide protests seen in the months following the takeover were brutally suppressed. In their place, local militia groups have formed to defend towns and villages from military violence and battles between junta forces and armed resistance groups are being waged on multiple fronts around the country.
“Civil war is happening now, it’s already a failed state,” Nathan Maung said.
Nathan Maung said the international community cannot stand by while the junta continues to operate with impunity and lawlessness against its people and called for “aggressive action” against the military.
“We don’t have time to wait and see. There are thousands refugees going to flee to the border, a humanitarian crisis happening now,” he said.
Standing in a park, surrounded by beech trees in Washington, DC — thousands of miles away from the cells, the torture, and the violence — Nathan Maung feels torn, but says he plans to return to Asia and base himself in neighboring Thailand to continue fighting for a democratic Myanmar.
“Sometimes, I dream I really went back to prison, because my body is here but my mind is with my friends, my journalists, my country,” he said.
“All my life, I have been working for a free Burma, as citizen and as a journalist. Until I die, I have to work for that. I have to take care of my people. They deserve democracy and human rights,” he said.
— Caitlin Hu contributed to this report.

Stop Torture (Torture in Burma)

A five-part video documentary by AJAR and its partners on torture in Burma

 

 

 

International Day in Support of Victims of Torture

International Day in Support of Victims of Torture

The Burma Military’s use of torture is an international crime – it must be stopped!

26th June 2021

On this International Day in Support of Victims of Torture, we call for an immediate end to the brutal torture of civilians in Burma, and for perpetrators to be brought to justice.

To mark this important day, we created a video series called “Stop Torture”, showing how the Burma military is using various forms of torture against its own people following the 1 February coup. The video links are available on AJAR’s YouTube channel (click here) and on the website/Facebook pages of AAPP, ND-Burma and Women’s League of Burma.

The post-coup repression shows how the Burma military will not shy away from using its decades-old patterns of cruel treatment of civilians in a widespread manner, as a mean to terrorize and subjugate the population into obedience.

While people all over the country continue to defy the military junta through courageous acts of resistance, mostly peacefully, security forces respond with ruthless and nasty force. At least 880 people, including children and youth, have been killed by security forces since the coup. Almost 6,300 have been arrested, with 5,104 currently in detention as of June 24th, according to the Assistance Association for Political Prisoners (AAPP). The crackdown targets any perceived opponent to the coup, including politicians, peaceful protesters, journalists, celebrities, striking workers, and even children and bystanders. Many of those arrested are subject to various forms of torture and ill treatment.

There are reports of widespread and systematic mistreatment in detention, including beatings, sleep deprivation, and being denied the use of a bathroom. During interrogation, detainees are being blindfolded with their hands tied behind them and forced to kneel on a concrete floor or to lie on their belly, and then beaten repeatedly with the goal to extract information or forced confessions. Some report being beaten with dangerous objects such as cables, the butts of guns, and glass bottles. Particularly concerning is the differential treatment of women during interrogation and detention, in the form of sexual and gender-based violence, sexism and misogyny. There are reports of sexual abuses behind bars, including beatings on genitals and sexual threats.

Some detainees do not survive. Civilians arrested after being shot by security forces are often denied medical treatment and subsequently die from their injuries. There are reports of people tortured to deaths in custody, their bodies returned to their families with a fabricated story as to the cause of death, but with obvious signs of torture and mutilation. Some bear the marks of organs removal. Others are returned to their families alive, only to die a few hours later from their injuries.  The AAPP has accounted for at least 24 of such deaths following torture.

These vicious tactics employed by the Burma military are meant to install fear among the public and create an environment of terror, in order to suppress popular resistance to the coup and maintain their control over the country. The use of torture, however, is not new to the recent political developments. As long documented by civil society groups, torture has always been commonplace during interrogation and imprisonment in Burma. This included also mistreatment of LGBTIQ people in police detention. In ethnic areas, torture and other forms of ill-treatment were used against civilians to obtain information or confessions regarding the activities of ethnic armed organizations, or as punishment for perceived sympathy for the Tatmadaw’s opponents.

In its reports to the United Nations, the Independent International Fact-Finding Mission on Myanmar (“FFM”) concluded that “the manner in which torture and ill-treatment, including sexual violence, occurred often indicated the dehumanisation of ethnic minorities in Kachin and Shan States, with Tatmadaw soldiers verbally denigrating their religions and ethnicities”. Indeed, the FFM found that the targeting of civilians, including through torture and ill-treatment, was a hallmark of Tatmadaw operations in at least Rakhine, Kachin and Northern Shan States.

Torture has profound, long-lasting consequences for survivors and their families. While they struggle with physical injuries, psychological trauma, social exclusion and economic hardships, access to basic support services is largely lacking in Burma, in particular in the current context. Torture survivors and their families require access to health and medical care, psycho-social support, legal assistance and livelihood opportunities. Plans need to be made to address their immediate as well as long-term needs, which should also include acknowledgement of survivors’ experience and efforts to ensure non-repetition.

The use of torture by security forces is a violation of international law, as well as Myanmar domestic laws. In some circumstances, torture can be considered a crime against humanity when it is part of a widespread and systematic attack against the civilian population. As we have repeatedly stated in the past, decades of impunity have emboldened the Burma military to continue perpetrating these heinous crimes without any accountability. This must stop. The time for justice has come. The Burma military must immediately end violence against civilians and bring perpetrators of torture to justice.

We therefore make the following recommendations:

To the international community:

  • Do not recognize the junta’s State Administration Council (SAC) and put pressure on the Burma military to immediately end violence against civilians and respect the Geneva Conventions
  • Make a referral of the Burma situation to the International Criminal Court (ICC)
  • Strengthen the Independent Investigative Mechanism for Myanmar (IIMM)
  • Establish a coordinated arms embargo against Myanmar
  • Issue further targeted sanctions against the Burma military’s businesses
  • Participate in providing acknowledgment and recognition to victims of torture
  • Support victims of torture and their families, including human rights defenders, through programs aimed at providing material, medical and psycho-social assistance, in order to address both immediate and long-term needs
  • Provide cross-border humanitarian assistance to civilians affected by the violence

To the Association of South East Asia Nations (ASEAN):

  • Issue a timeframe for the implementation of its “five-point consensus” on Burma and hold the Burma military accountable to it in an effective and transparent manner
  • Call for the immediate release of political prisoners
  • Support the establishment of an arms embargo by the international community

To the National Unity Government (NUG):

  • Document the use of torture by security forces
  • Cooperate with the IIMM
  • Commit to bringing perpetrators to justice, including by acceding to the ICC Rome Statute and making a declaration accepting ICC jurisdiction for past crimes
  • Commit to signing and ratifying the UN Convention Against Torture (CAT)
  • Commit to preventing torture by providing awareness trainings to security forces under NUG’s authority
  • Commit to establishing meaningful transitional justice mechanisms to address victim’s rights to truth and reparations, in particular rehabilitation programs for survivors

  1. Asia Justice and Rights (AJAR)
  2. Women’s League of Burma (WLB)
  3. Network for Human Rights Documentation Burma (ND-Burma)
  4. Assistance Association for Political Prisoners (AAPP)
  5. All Arakan Student’s and Youth Congress (AASYC)
  6. Ta’ang Civil Society Organization (TCSO)
  7. Burma Civil War Museum (BCM)
  8. Union Of Karenni State Youth (UKSY)

Contacts:

secretariat@womenofburma.org

aasyc.ghq@gmail.com

admin.burma@asia-ajar.org