Detained at night, lifeless by morning: Arrests under Myanmar’s junta

A growing number of protesters have disappeared into military custody, with the authorities providing no information about their location, well-being or the charges against them

Published on Mar 11, 2021
Family members are pictured in mourning at the funeral of Zaw Myat Lynn, an official from Aung San Suu Kyi's National League for Democracy party. He was taken into regime custody alive on the night of March 6, but the following day his family was notified that he had died.
Family members are pictured in mourning at the funeral of Zaw Myat Lynn, an official from Aung San Suu Kyi's National League for Democracy party. He was taken into regime custody alive on the night of March 6, but the following day his family was notified that he had died.

Under the current military regime, members of Myanmar’s public have increasingly been taken into custody alive at night, only to have their bodies returned to their families the following morning. 

Both the condition and whereabouts of others who have been arrested by the junta remain unknown to their relatives and lawyers, who say they have been unable to obtain even basic information about detainees. 

Since the February 1 military coup that ousted the National League for Democracy (NLD) government, elected parliamentarians, party members and their families have been targeted for arrest, alongside people who have been peacefully protesting the coup nationwide in what is being described as Myanmar’s Spring Revolution. 

It remains difficult to confirm the official number of people detained by the regime. According to the Assistance Association for Political Prisoners (AAPP), between February 1 and March 8 the military council arrested more than 1,700 people and security forces had killed at least 60. The AAPP has noted that investigations into these figures are ongoing. 

It is unknown how many of those detained have died during interrogations by security forces, but at least three have been confirmed. 

Fifty-eight-year-old Khin Maung Latt, the NLD party chair of a community ward in Yangon’s Pabedan Township was arrested on the night of March 6; by the next day, he had died in police custody. Zaw Myat Lynn, an NLD member in charge of the “Suu” vocational training institute in Yangon’s Shwepyitha Township, was arrested on March 8. His family was notified the following day that he too had died. 

In both these instances, the families still have not been officially told their cause of death. 

“From what we could observe visibly, he died because he was shot in the chest. But there was no precise explanation for the cause of the death,” an NLD central executive committee member said of Zaw Myat Lynn, describing the condition of his body when viewed by his widow at Mingaladon Military Hospital in Yangon.

Similarly, Khin Maung Latt’s family have also inquired about his cause of death in state custody, but the military administration offered no explanation. 

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An anti-coup protest in Yangon's Sanchaung township on March 11. 

In the northern Shan State town of Muse, the Shan Herald Agency for News reported that 43-year-old Thein Lwin was arrested at an anti-coup protest, only to have his body-- which appeared to have been beaten-- returned to his family days later on March 5. 

Others taken by security forces have disappeared, their whereabouts unknown. 

Ko Ja Mar, an NLD member and personal security guard for the now detained State Counsellor Aung San Suu Kyi, was arrested at his Bago Township home by armed personnel on March 9. At the time of reporting, his family had not received an update on where he was being held or what condition he was in. 

Myanmar Now spoke to a lawyer who is providing legal support to the families of people who have disappeared during protests in Yangon. He explained that as the number of missing persons grows, lawyers are sharing the caseload amongst themselves and working pro-bono.

“At this moment, I am only accepting cases of the  youth who disappeared in Sanchaung, Myaynigone, and townships around Hledan. In townships like North Okkalapa, since the number of the disappeared persons is much higher, other [lawyer] friends of mine are helping their families,” he said on the condition of anonymity. 

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Murders, torture & arrests have virtually stopped mass demonstrations in downtown Yangon. Yet hundreds of people in the suburban townships have kept protesting, as have residents of other cities nationwide.

On March 8, security forces blocked people who were peacefully protesting against the military coup in Sanchaung Township from leaving the area. At least 20 people were arrested overnight, but most managed to escape with the help of local residents. 

Lawyers have made a list of persons who are missing and have made inquiries with the authorities about whether they are being held in Insein Prison, but often do not receive a response.  

“Don’t even talk about the politicians-- it’s still really hard to find out about ordinary people and youth who have been shot, beaten and arrested for joining peaceful protests,” the lawyer explained. “We don’t exactly know if they are here [in Insein Prison]. Have they already been charged? Are they healthy or injured? Seeing them seems so far off at this moment.” 

Relatives of and legal advocates for the missing persons say that as long as people remain unaccounted for, the numbers of those arrested or killed throughout the country will remain only estimates. 

Two days after the March 8 Sanchaung arrests, the mother of a missing boy attempted to inquire about his condition at the Sanchaung police station, where she had heard her son and others were detained. She received no answers.   

While trying to get further information about his whereabouts, she heard that protesters were being held in a military estate on Lower Mingaladon Road  in Yangon’s Shwepyitha Township. She went there on Thursday morning. 

“They just repeatedly said that no one was detained in the estate,” the mother of the young protester said. 

A woman who is helping the families of three disappeared protesters said that it is believed that prisoners are being held inside the compound, which served as a military prison in the past. Since the coup, prisoner transport vehicles have been seen by residents regularly coming in and out of the compound with security escort cars. 

“They have denied it,” she said of the security forces. “They said there are no detainees. Just during the time we were there, at around 12:00 p.m., two Double Cap cars full of soldiers and a prisoner transport vehicle drove into the estate,” she said. 

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An anti-coup protest in Yangon's North Okkalapa township on March 11. 

Another suburban Yangon Township, North Okkalapa, is believed to have seen some of the toughest crackdowns on protests, with military personnel using machine guns against the public. Local social welfare and volunteer groups have guessed that at least 30 people were killed there and many more arrested. 

Myanmar Now has been able to confirm eight deaths in that brutal crackdown. 

At least 13 were killed on March 5 in Mandalay in protests against the military dictatorship. Though the military council’s troops have arrested many people, only one death has been officially confirmed: Naing Min Ko, 21, in a statement by the military’s own MWD broadcasting channel, according to the victim’s older sister, Ngwe Hnin Phyu. 

She has repeatedly asked that Naing Min Ko’s body be returned to the family, but has received no response. 

At the time of publication, the military was continuing to inflict violence on protesters across the country. On the evening of March 9 alone, more than 70 people were arrested in Myeik, Tanintharyi Region. Among them, at least 45 were subjected to brutal torture at the hands of soldiers. 

 

 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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