Fugitive in rape case escapes justice for seven years, becomes ward administrator

Fugitive in rape case escapes justice for seven years, becomes ward administrator

YANGON — When Ma Lai Lai saw a man pass her mother’s house on a motorbike, a seven-year-old trauma painfully resurfaced.

It was the same man, U Yan Naing Soe, who had abducted and raped her when she was fourteen years old, she said. He had, on paper, been a fugitive ever since.

Except, rather than spending years in hiding, Yan Naing Soe had served as an administrator of Ward 140 in Yangon’s South Dagon Myothit Township, where he had earned respect for his “tough” approach to local criminals.

But recent news spread on Facebook has prompted police in Yangon to belatedly hunt for a man who became a prominent community member despite Lai Lai’s alleged rape.

“I was very shocked and told my mother he was the runaway who raped me,” said Lai Lai, who works in an industrial zone in East Dagon Myothit Township. His house was found to be close to her mother’s, where Lai Lai was staying with her child.

(Ma Lai Lai is not the woman’s real name. Her identity has been protected.)

Lai Lai recalled the night of 3 November 2011. Angry with her mother, she had run from home at 10 pm and jumped in a sidecar, or trishaw, to visit her boyfriend across the Pazundaung Creek in Thingangyun Township. On nearing Shwe Yi bus stop on Than Thu Mar Road, five men threatened the sidecar driver and forced Lai Lai into a car.

Something suspected to be a knife was held to her back as they drove to Aye Hostel in South Okkalapa Township, where Yan Naing Soe raped her, she said.

Lai Lai filed a case at Thingangyun Township police station the next day, but only four of the five men were formally charged. Of these, one was eventually acquitted due to lack of evidence; the other three were each sentenced to two years in prison for assisting the rape. The actual rapist remained at large.

Lai Lai got married a year later and moved in with her husband in East Dagon Myothit. She didn’t tell her husband about the rape, but when he found out about it, soon after she’d given birth to their first child, he left them both.

Lai Lai hadn’t graduated from school and struggled to find a job that would sustain her and her son, so she returned to her mother’s house.

A “good reputation”

After seeing Yan Naing Soe pass on the road, the 21-year-old Lai Lai conferred with her mother, who told her he was the hardline administrator of the local ward.

But Lai Lai and her mother held back from telling others right away. “We were afraid for our lives,” Lai Lai said, given the man’s power locally and the ease with which his associates could find and attack them.

When Myanmar Now travelled with Lai Lai to a safer location to interview her, a car with a black license plate followed for about half an hour.

According to police records, Yan Naing Soe, also known as “Kayin” or “FRC”, is now 38 years old and formerly lived in Nga Moe Yeik ward in Thingangyun Township.

Most locals refer to him by the nickname “Kayin,” after the Karen (or Kayin) ethnic group, though he is recorded as being “Bamar” in his official documents.

Yan Naing Soe, though ostensibly wanted by police, was elected ward administrator last year and held the position till he absconded on 4 June, as news of his link to the 2011 rape began to spread online.

He had moved with his wife and child to Ward 140 in late 2014, according to U Toe, the former ward administrator. Before becoming administrator himself, Yan Naing Soe made a name for himself as a local 100-household leader. Though a “quiet man,” Yan Naing Soe took an active part in the community and was “ruthless” in dealing with “bad men.”

“If the outlaws didn’t heed our warnings, Kayin would beat them up without me having to ask. Sometimes, I even had to stop Kayin. A man like him is useful in an administrative position. Since the outlaws knew what a fighter Kayin was, they didn’t dare try anything,” Toe said.

A resident of Ward 140, who asked not to be named, said there were fewer criminals around since Yan Naing Soe took over as ward administrator.

Locals told Myanmar Now they hadn’t seen Yan Naing Soe since the beginning of June. They refused to say more about his supposed whereabouts out of fear of his associates, who still live in the ward. Some expressed surprise that a ward administrator with a “good reputation” should be wanted for rape.

“I don’t know his background but he speaks politely and is very active in the community,” said one resident who asked not to be named.

Yan Naing Soe’s wife and child are still living in his house despite his absence.

As news spread and police began to circulate “wanted” pictures, a press conference was held on 9 June, where Yan Naing Soe’s aunt Daw Thein Thein Htike said he had merely gone off to serve as a monk for a while and would return afterwards to clear his name.

She said Yan Naing Soe was innocent of the rape, which was instead committed by friends of his. “They are just accusing him,” she said of the recent reports. “We are now discussing with lawyers. He is not on the run. He submitted an official leave notice to the township office in order to become a monk.”

She added that, after the 2011 incident, she received neither a police visit nor a court letter at the house she was then sharing with Yan Naing Soe.

Nonetheless, she confirmed that the man in a photograph now on the Myanmar Police’s website is her nephew.

Since May, Yan Naing Soe has called Lai Lai several times from an unknown location, promising to divorce his wife and marry Lai Lai.

Lessons to be learnt

The police website now cites Yan Naing Soe as a fugitive wanted for rape, and lists his particulars. But locals say this move is highly belated.

A former 100-household leader recalled that, several years before, a police officer had shown him a warrant for the arrest of Yan Naing Soe.

A local man, who asked not to be named, said he phoned South Dagon Myothit Township police station three times earlier this year to inform them about Yan Naing Soe but observed no follow-up. He showed Myanmar Now his call log.

“He will be acquitted if he is innocent,” the main said. “But, he is a wanted man, and the police are responsible for a wanted man becoming an administrator.”

However, the police now appear to be mounting a wide search, seemingly in response to news spreading on Facebook.

Thingangyun Township Police Captain Ko Ko Oo said in late May that the district office had sent notices with Yan Naing Soe’s photograph to police stations across the country, with orders for his arrest.

“A friend from the district police told me to check news on Facebook about a man wanted in a rape case filed at my police station. I checked and this was correct,” he said.

He said he sent a subordinate to Yan Naing Soe’s house but he was gone. “The Facebook news was posted two days before, so it gave the man time to escape,” he said.

Captain Ko Ko Oo admitted police had not done background checks on those vying for ward administrator positions last year, though this had been done in previous years.

He said there were lessons to be learnt and encouraged people to cooperate closely with police to “uphold the rule of law.” He said citizens were welcome to submit complaints to higher levels of the police if officers failed to perform their duty.

U Thein Naing, who represents South Dagon Myothit in the Yangon Region Parliament, said local police had told him they were trying to arrest the fugitive.

Lai Lai, meanwhile, has moved out of the neighbourhood for her own safety, but said she would not feel secure till Yan Naing Soe is caught.

“I can continue with my life once he is arrested,” she said. “I moved out from the ward because I am afraid of him but I am constantly worried that [he and his associates] could follow me to my new place, break into my house and attack me.”

The closure of Myanmar’s last independent newspaper marks a new milestone in the country’s political descent 

Published on Mar 18, 2021
Staring March 17,  the country no longer has a single independent newspaper in publication.

Years from now, March 17, 2021, will be remembered as the day that Myanmar’s brief era of press freedom—however partial and imperfect it was—well and truly died.

As of this day, the country no longer has a single independent newspaper in publication. On Wednesday, The Standard Time (San Taw Chain) joined The Myanmar Times, The Voice, 7Day News and Eleven in suspending operations in the wake of last month’s military coup.

It was less than a decade ago that the quasi-civilian administration of former President Thein Sein began slowly lifting restrictions on Myanmar’s long-suppressed press.

As overt censorship became a thing of the past and new licenses were issued, the number of news outlets proliferated, in the surest sign of confidence in ongoing political and economic reforms.  

Now only online news media remain as the last lifeline for millions of citizens desperate for reliable sources of information amid the military-induced freefall.

With this in mind, the new regime is acting to sever this last connection as it moves to plunge the country into darkness.

“The situation for press freedom is only going to get worse as they cut off the internet,” says political analyst Sithu Aung Myint, before adding: “The country no longer has democracy or an ounce of freedom.”

Piling pressure on news media

It took 10 days for the regime’s Ministry of Information to start making Orwellian demands. On February 11, it issued new instructions to the Myanmar Press Council, “urging” news media to “practice ethics” and stop referring to the “State Administration Council” as a junta.   

Citing provisions in Myanmar’s military-drafted constitution, the junta’s arbiters of truth claimed that the regime came to power by legitimate means because a state of emergency had been duly declared.

Newspapers, journals, and websites that persisted in using language that suggested otherwise were not merely wrong, but were also violating media ethics and inciting unrest, the ministry insisted.

Eleven days later, on February22, the coup maker himself, Senior General Min Aung Hlaing, warned the media that their publishing licenses would be revoked if they continued to use words that didn’t meet with his approval.

But on February 25, in a show of defiance, some 50 news outlets declared their intention to keep reporting on the situation as it unfolded, and to describe the regime and its actions as they saw fit.

The arrests begin

Two days later, the junta began targeting the most vulnerable and essential participants in the whole news-making process: reporters.

On February 27, five journalists covering the junta’s crackdowns on anti-dictatorship activities were arrested and later charged with incitement under section 505a of the Penal Code.

Myanmar Now’s multimedia reporter Kay Zon Nway was one of those arrested that day. She was doing her job of documenting the brutal assault on protesters in Yangon’s Sanchaung township when she was apprehended while fleeing the regime’s forces as they lashed out at everyone in sight. 

210302_myanmar_kay_zon_new_journalist_myanmar_now_arrested_yangon_on_27_feb_21_000_93w2j2.jpg

Police arrest Myanmar Now journalist Kay Zon Nwe covering protests in Yangon on February 27, 2021. Credit: YE AUNG THU / AFP

The four others—Aung Ye Ko from 7Days News, Ye Myo Khant from Myanmar Pressphoto Agency, Thein Zaw from AP, and Hein Pyae Zaw from ZeeKwat Media—were reporting near Hledan when they were taken into custody. 

All five are now in Yangon’s notorious Insein prison awaiting trial on charges based on the ludicrous notion that they were somehow responsible for the mayhem that they were merely there to witness, at great risk to their own lives.

Under recent amendments to section 505a, they now face up to three years in prison for the crime of sharing what they saw with their fellow citizens.

According to data compiled by the Assistance Association for Political Prisoners and last updated on March 8, as many as 33 journalists have been arrested or targeted for arrest since the February 1 coup.

155930399_2092664367568616_7441378699305917845_n.jpeg

A policeman chasing a journalist holding a camera in Yangon on February 26, 2021. 

Taking action against news organizations

The regime hasn’t just put individual journalists in its sights; as its efforts to end resistance to its rule continue to escalate, it has also moved to neutralize entire new organizations.  

On March 8, the Ministry of Information announced that it had revoked the publishing licenses of Myanmar Now and four other outlets—7Day News, Mizzima, DVB and Khit Thit media.

7Days News stopped printing the following day, and a day later, Eleven announced that it would also be suspending its operations, at least until April 18.

By that time, two other well-known local publications, The Myanmar Times and The Voice, had already shut down shop for various reasons.

That left only The Standard Time, which for the past week has been the only print newspaper in the country not controlled by the regime. And now it, too, is gone.

All of this is just another chapter in Myanmar’s long and often troubled news media history.

After Myanmar gained independence in 1948, private daily newspapers flourished in the country. Published in Myanmar, English, Chinese and Hindi, these publications were part of a vibrant culture that cherished the free exchange of ideas and information.

But that came to an abrupt end in 1962, when the former dictator General Ne Win seized power and put most daily newspapers under government control. After his 1973 constitution was ratified, privately owned dailies were effectively banned.

It wasn’t until nearly 40 years later, in late 2012, that the state-owned media’s monopoly on daily news ended under the Thein Sein government.

Now this fleeting moment of relative freedom is past, and Myanmar has returned to the dark days of an uprising that was brutally crushed, ushering in an even darker era of absolute military rule.   

“I wasn’t a journalist in ‘88, but in my 12 years in this profession, this current situation is the worst. It’s not just a matter of being afraid to go out to report; now you can be arrested just for being a person in media,” one female reporter who asked to remain anonymous remarked.

As trying as these times are, however, they have more than proven the true value of press freedom as a weapon in the fight against oppression.

“Help the news media so that the local and international community know the people’s bravery, sacrifices, and the atrocities that the dictators have committed,” Sithu Aung Myint, the political analyst, wrote on social media recently. 

“Take record of incidents yourself,” he added, reminding his readers that in this age of citizen journalists, we all have a responsibility to act as witnesses.

But even with so much courage and commitment on full display, it’s difficult not to see this day as a chilling sign of things to come.

Reflecting on what the loss of Myanmar’s last news publication means for the country, Sithu Aung Myint concluded: “As a nation without newspapers, we are now in the dark ages.”

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

Continue Reading

Some have complied with the order but others say they are leaving the barricades up 

Published on Mar 17, 2021
The junta’s armed forces approach a protest column in Tamwe, Yangon on February 27 (Myanmar Now) 

Police and soldiers patrolled neighbourhoods in Yangon and Mandalay on Wednesday and threatened to shoot into people’s houses unless locals removed defensive roadblocks they had set up amid spiralling one-sided violence.

A video of the coup regime’s forces making the threats through a loudspeaker circulated on social media and residents from several different neighbourhoods later told Myanmar Now they had received similar threats. 

“The next time we see barricades on roads, we will turn this entire residential quarter upside down and shoot,” a voice said in the video. 

The regime’s forces came to Khaymarthi Road and Nweni Road in Yangon’s North Okkalapa township in the afternoon to demand the removal of barricades, residents there told Myanmar Now. 

“We did not remove the barricades, so they are still on the roads,” one resident said. “We only set up the barricades in our quarter. If they didn’t not shoot, we wouldn’t need barricades. But now they’re shooting, so it is more appropriate for the people to block the roads.” 

A woman living in Hlaing Tharyar township, which this week witnessed the biggest massacre so far by regime forces since the February 1 coup, said locals removed the barricades from major roads after soldiers threatened to shoot into people’s homes. 

She then saw military trucks driving around the township, she added. 

On Wednesday morning the regime’s forces detained people and forced them to clear sandbags and other barricades on major roads elsewhere in Yangon, according to social media posts by people who said they were detained.

The junta’s security forces made similar threats in South Okkalapa, Thingangyun and Tamwe townships in Yangon and Manawramman Quarter in Mandalay, residents said. 

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

Continue Reading

Families and lawyers are still being kept in the dark about the status of court proceedings against them

Published on Mar 17, 2021
University students and young people have been playing a leading role in the nationwide protests against the military coup on Februrary 1. (Myanmar Now)

The regime has charged more than 300 students who were detained at a protest in Tamwe on March 3 after keeping their families in the dark about their status for two weeks. 

They were detained as police and soldiers used tear gas, rubber bullets and live ammunition to attack a march organised by the University of Yangon Students’ Union and the All Burma Federation of Student Unions.

At least five were injured by rubber bullets during the attack. Police initially detained 389 people but last week released 50 who are under the age of 18.

The students have been charged under section 505a of the Penal Code, which the junta recently amended to give prison sentences of up to three years for causing fear, spreading fake news or agitating against government employees.

Lawyers say they have been unable to obtain an exact list of names of those being held and that police have been evasive regarding the case. 

“The person in charge of the case was not present. We were told that he went to the court,” one of the lawyers said. “We can’t reach him via phone, so we followed him to Tamwe court, but there was no one at the court except security.” 

Parents have been informed about the charges but not the details of the court proceedings, the lawyer said. 

Because the military junta has shut down mobile internet, court proceedings have been adjourned as video conferencing is not available. In-person hearings were stopped last year in response to the Covid-19 pandemic. 

“We, the Students’ Union, do not believe in their judicial process and therefore we do not recognize these court proceedings as legitimate,” a student activist said, requesting anonymity. “The Students’ Union will continue to fight to topple the military regime.” 

Among those detained on March 3 was Wai Yan Phyo Moe, Vice President of the All Burma Federation of Student Unions.

Three members of the central executive committee of the Yangon University Students’ Union were also arrested. They are Phone Htet Naung, Aung Phone Maw, and Lay Pyay Soe Moe.

The majority of those detained are from various universities in Yangon, with 176 being students of Yangon University. A few are from universities in rural areas of Myanmar. 

Hundreds of other students have also been arrested at protests in Mandalay and Magway, on February 28 and March 7. Only 19 of them have been released.

 

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

Continue Reading