Fishing boat captive barely survives daring escape

Kyaw Zin Myat’s story highlights rampant rights violations in fishing industry that lawmakers are just starting to respond to

Published on Dec 19, 2019

Because Kyaw Zin Myat is stoutly built and over six feet tall, villagers called him Godzilla.

But they could hardly recognize Godzilla when he returned home this October.

When the 34-year-old finally made it back to Phonegyithaung village, in Pyapon township, he was sallow and emaciated, his body wrapped in bandages and casts. A colostomy bag hung from his abdomen.

“I can’t believe that’s Godzilla”, villagers said.

 

 

Zin Myat had been held captive and forced to work on a fishing boat for a month, enduring torture and beatings before making a desperate escape.

After an emergency operation at Yangon General Hospital, Godzilla now must defecate through a tube.

 

 

He’s currently recovering at his parents’ house in Shwe Pauk Kan Myothit, in eastern Yangon, but money problems—which got him into the whole mess in the first place—are keeping his wife and four daughters back in Phonegyithaung.

A lawsuit for causing grievous hurt under Article 325 of the Penal Code was filed on 13 December against boat supervisor Win Ko and two partners, according to Daw Nyein township police deputy sheriff Htin Kyaw.

Win Ko is currently out on bail. If found guilty, he faces a maximum seven-year sentence.

Hell at sea

Win Ko is actually a neighbour of Kyat Zin Myat’s. When the latter told him he was in debt, Win Ko offered an 800,000-kyat advance to work on the boat, promising him the work was safe.

Kyat Zin Myat wanted to buy his family a home. His wife, Za Za, told Myanmar Now the couple currently pay about 7,000 kyats a month in rent, and that a house would cost about 700,000.

He took Win Ko up on the offer, leaving a job as a labourer. Though he had no experience and believed the job to be dangerous, he says, he did it for his family. Za Za had just given birth to their fourth daughter.

“He said if a stint at sea could pay off his debts, he would do it”, she told Myanmar Now.

But after two days at sea, Kyaw Zin Myat was overcome with seasickness.

“I told him ‘I am sorry, big brother... I’ve never experienced this before, but I can’t stand these waves. I cannot work’”, Kyaw Zin Myat told Myanmar Now.

He pleaded for Win Ko to bring him ashore, promising he’d pay back the advance by working on land. Win Ko refused.

One day, Win Ko’s brother-in-law and right-hand-man, Tin Oo, dragged Kyaw Zin Myat to the mast and ordered him to climb it.

“I was on my back, and I was too dizzy to get up,” he said. “I couldn’t lift my feeet, so they shot at my legs with stones and a slingshot” he said.

He said Win Ko would beat him in the stomach with whips and the boat’s anchor as the other three men on board held him down.

Finally, Kyaw Zin Myat grabbed two ring buoys and jumped overboard.

“I was scared and I didn’t want to die at their hands,” he said. “They would slowly torture me to death. I didn’t want to die like that. I thought if I drowned I’d lose consciousness and die quickly.”

Rescue and recovery

He did lose consciousness.

But when he came to he realized he’d been saved by the owners of the boat he’d been held captive on.

Kyaw Zin Myat said he told them what happened and how he’d been treated but they seemed to dismiss the allegations. They took him to a clinic in Phonegyithaung villagae but did not contact his family.

The owners, a husband and wife, said Win Ko and the others on the boat told them Kyaw Zin Myat had been refusing meals and tried to avoid working by eating uncooked, hoping it would make him ill.

At the clinic, Kyaw Zin Myat ran into a cousin.

She stared at him, thinking that, despite the long hair and gaunt face, he looked familiar.

“Are you Godzilla,” she asked. He could only nod.

She contacted Kyaw Zin Myat’s family and friends, telling them about his condition.

Doctors told his mother, Khin Mar Lwin, that Kyaw Zin Myat had pancreatitis and that an x-ray had shown no complications, she said, but Kyaw Zin Myat told her he’d been tortured and needed further medical help.

When his condition did not improve, Khin Mar Lwin transferred her son to Yangon General Hospital, where doctors immediately performed an emergency surgery.

Kyaw Zin Myat’s family later tracked down the boat owners and asked for help paying the hospital bill. The owners asked them to sign a paper then gave them 350,000 kyats, the family told Myanmar Now.

Doctors at Yangon General Hospital told Khin Mar Lwin her son had only a 50 percent chance of surviving. They urged her to press charges against Win Ko and the boat owners as soon as possible.

“Why did they try to have him treated at the village hospital and cover up the extent of his condition without contacting his family,” she said. “If he had died, they’d have just said he died at sea. Wealthy boat owners do it all the time.”

The boat’s owners deny covering up the injuries, arguing Kyaw Zin Myat’s condition was preexisting.

Dr Ye Ni, the doctor who first treated Kyaw Zin Myat when he returned ashore, told Myanmar Now there was no evidence of major injury when he treated Kyaw Zin Myat, who he said was suffering only a swollen abdomen - a common condition among sea workers.

A widespread problem

Khin Mar Lwin filed charges at the Daw Nyein police station in Pyapon township on October 31, but police didn’t come to Yangon to speak with Kyaw Zin Myat and his family until December 2.

“I told the police my son could have died. They didn’t come around even though they knew his life was in danger,” Kyaw Zin Myat’s father, Myint Lwin, said. “When they refused to show up, I sent complaints to the district and posted about it on Facebook”.

Police at the Daw Nyein district station referred Myanmar Now to the Kalardeik station, but when Myanmar Now called that station on December 4, police refused to speak about the case, saying they needed permission from a supervisor.

Meanwhile, the Myanmar National Human Rights Commission was investigating rights violations on fishing boats in the villages of Pyapon township.

News that Dangon university senior Myat Thura Tun had endured a similar ordeal had recently caused waves in local media.

Media attention of trafficking and human rights violations in the fishing industry began picking up in 2016, and Pyapon township MPs have recently announced plans to and investigate the Fisheries Department, which is tasked with regulating the industry.

According to Pyapon MP Thein Swe, 57 people were lost at sea near the township between September 1 and October 7.

Myanmar Now requested a list of the dead and missing from Pyapon district police several times but was told that information is confidential.

 

Khin Moh Moh Lwin is Reporter with Myanmar Now.

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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