How a chance meeting on a night bus brought down FDA chief

Acting on a tip-off from a fellow passenger, a crusading MP exposed allegations that a top official had skimmed public money to build houses for himself

Published on Jan 14, 2019
Food and Drug Administration (FDA) director general retired major Dr Than Htut in Mandalay regional court (Photos by Khin Hnin Wai/ Myanmar Now)
Food and Drug Administration (FDA) director general retired major Dr Than Htut in Mandalay regional court (Photos by Khin Hnin Wai/ Myanmar Now)

During the work week, Myanmar’s members of parliament spend their evenings housed in bland dormitories in Naypyitaw. So for many MPs, Friday night is travel night.

Some board buses for long, bumpy journeys to their hometowns in far flung corners of the country. Others take shorter trips to closer cities like Mandalay or Yangon for some weekend respite from the capital city.

It was on one of these overnight trips in August last year, speeding along the poorly-lit highway from Naypyitaw to Yangon, that a chance encounter led one MP to a discovery that would help crack open the highest-level corruption case since the NLD came to power in 2016.

Dr Than Htut, the former director general of the Food and Drug Administration (FDA), was removed from his post after being arrested in April under section 56 of the anti-corruption law, which carries a maximum prison sentence of 10 years.

 

 

The Anti-Corruption Commission (ACC) has accused the former director general of demanding favours from a construction company in exchange for building contracts.

The commission alleged the director general had the company carry out more than K150 million (roughly $100,000) worth of private construction work that included building him a swimming pool and kitting his houses out with electronic goods.

 

 

Dr Than Htut has said on several occasions that he has been wrongly accused.

President U Win Myint took office in March promising to make tackling corruption a key feature of his tenure. But this case may never have come to light were it not for one crusading MP.

Dr Khun Win Thaung, a 62-year-old former veterinarian who was elected to Kachin State’s eleventh constituency on an NLD ticket in 2016, was on his way to see friends in Yangon last August when he struck up a conversation with the man in the seat next to him.

The MP loved to talk corruption and human rights, and his fellow passenger was an employee at a construction company that had been working on government contracts.

Swimming pools and TVs

This, it turned out, would make for interesting conversation as travellers around them dozed beneath their blankets.

The passenger, Nay Myo Aung, lived in Yangon and worked for the Cairo Construction Company, which he said had secured a contract to build laboratories and other buildings for the FDA, which operates under the Ministry of Health.

This reminded Dr Khun Win Thaung of a parliamentary discussion he had taken part in about the low quality of government hospital buildings.

He asked Nay Myo Aung if, now that the government had allocated more money to healthcare, the extra cash was really benefiting the people.

“What do you think?” he responded.

The employee went on to allege that his company had been skimming money off the budget for the FDA projects in order to build houses for the agency’s director general.

In one case, he said, Cairo built a house with a swimming pool in Ywar Thit, Naypyitaw, on nine acres of land owned by the director general.

They fitted this and other houses out with furniture, kitchenware, wide screen televisions and minibars, all with public money, the employee said.

The company also built a house in the Naypyitaw’s Shwe Kyar Pin ward for the director general, he said.

To find the money for all these houses, he said, the company had to cut corners building the FDA facilities.

‘Holes in the roof’

In January, four months after their conversation on the highway bus, Dr Khun Win Thaung and Nay Myo Aung met again in Naypyitaw for a discreet visit to one of these offices.

“He told me the zinc plates for the roof weren’t up to standard,” Dr Khun Win Thaung recalled. “They were very thin. The number of rain diverters installed was less than the number in the plan.”

The Cairo employee also told him that “there will be holes in the roof after two years, and they will ask for money from the government to do major repairs,” Dr Khun Win Thaung said.

The MP recorded the conversation and in February sent the file to the Anti-Corruption Commission, which has been criticised since its formation in 2014 for failing to target higher-ranking officials.

After receiving the MP’s complaint, the ACC questioned 18 people, including officials from Cairo and the FDA, and the whistleblowing employee.

“There are many cases worse than this” that haven’t yet been exposed, Dr Khun Win Thaung told Myanmar Now. “What I am trying to say is they are still stealing while the country is still recovering.”

Before the scandal broke, Dr Than Htut was seen as a rising star, and tipped for a top ministerial position, Dr Khun Win Thaung said.

“Top officials had considered making him deputy minister of health,” he said.

‘Wrongly accused’

Dr Than Htut is the highest ranking official to be charged by the Anti-Corruption Commission, followed by ousted Yangon Region Advocate General U Han Htoo, who was charged in September for corruption relating to the murder case of comedian and actor Aung Ye Htwe.

Last month Dr Khun Win Thaung testified at Dr Than Htut’s trial at a courthouse in Mandalay.

Dr Than Htut was brought to the court from Mandalay’s O Bo prison in handcuffs. After the hearing he told a crowd of reporters that he was innocent.

On his way out of the court on the same day he said he was wrongly accused and will resolve the accusations in the courtroom.

The next hearing will take place on January 18th.

Swe Win is the Editor-in-Chief of 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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