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

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

Published on Jun 18, 2018

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.”

Htet Khaung Linn is a Senior 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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