Military refuses to rule out a coup after claiming possible ‘vote rigging’ during election

‘I am neither saying the military will seize state power, nor that it won’t’, Brig-Gen Zaw Min Tun said 

Published on Jan 26, 2021
Military spokesperson Brig-Gen Zaw Min Tun addresses reporters in Naypyidaw on Tuesday (Nyan Hlaing Lin/Myanmar Now) 
Military spokesperson Brig-Gen Zaw Min Tun addresses reporters in Naypyidaw on Tuesday (Nyan Hlaing Lin/Myanmar Now) 

The military on Tuesday refused to rule out staging a coup after claiming there may have been “vote rigging” during last year’s general election.

When a reporter asked if the Tatmadaw would rule out taking over again, spokesperson Brig-Gen Zaw Min Tun replied: “We can’t. The military will act in line with all laws, including the constitution.”

“I am neither saying the military will seize state power, nor that it won’t,” he added. 

His remarks mark a shift in tone from last week, when the military said the election result “should be accepted” despite its claims of possible fraud. 

 

 

During the November 8 poll, which delivered a huge landslide victory to the National League for Democracy (NLD), on-the-ground election observers reported no serious issues. 

But the military and its proxy party, the USDP, have since sought to cast doubt on the results and claimed, without evidence, that there are widespread “irregularities” on voter lists. 

 

 

Standing before stacks of hundreds of files piled on tables that detailed the purported findings, Zaw Min Tun claimed the military has now found over 8.6 million irregularities on the lists. 

Those include names being listed twice, underage voters, and individuals being listed who do not have National Registration Cards, according to the military.  

The military did not provide reporters with any direct evidence of fraud or any copies of voter lists containing irregularities. 

As of Tuesday, the military has issued 29 statements about its “findings” from the voter lists. The NLD has dismissed the statements as “irrelevant”, while election observers have said the military is interfering in the election process. 

“It’s important to consider how it is being evaluated, this repeated allegation that this large number of voter lists could have given rise to electoral fraud,” NLD spokesperson Dr Myo Nyunt said last week.  

“We don’t know how they gathered this information, or what guidelines and procedures [it is based on]. It’s all claims,” he added.

Zaw Min Tun said the military issued its findings about voter lists with the goal of demanding an explanation from those responsible.

On Wednesday last week, the military said in a statement that “although the election result should be accepted because it reflected public aspiration” it had found repeated irregularities that “indicate the possibility of vote rigging.” 

There was now a national “political dilemma” and the president, parliament, and the Union Election Commission (UEC) must resolve it, the statement said, adding that it was not enough to argue that the UEC’s decision on the election was final.

Zaw Min Tun said on Tuesday that the military had “answers” if its demands were not met, but did not elaborate. 

He said however that the military will act in line with article 6f of the constitution, which states that the defence services are “able to participate in the National political leadership role of the State.”

Myo Nyunt responded to Zaw Min Tun’s remarks by quoting article 4 of the charter. “The sovereign power of the union is derived from the citizens and is in force in the entire country,” he said. 

There is no clause in the constitution that would allow the military to legally take power without the consent of the president. 

Article 413b of the constitution states that the president can, if necessary, declare a “military administrative order” and give executive and judicial powers to the commander-in-chief during a state of emergency. 

Over a dozen Yangon-based reporters from foreign news outlets including Reuters, AFP, EPA, Nikkei Asian Review, and Channel News Asia were flown to Naypyitaw on a military plane for the conference, one of the reporters told Myanmar Now on condition of anonymity. 

They were given a rapid Covid-19 test at the airport, the source said. “They didn’t brief us on anything in particular but told us not to take any photos of the military plane to post on Facebook,” they said.

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

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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Those arrested include a BBC reporter and a former Mizzima correspondent. 

Published on Mar 19, 2021
Photojournalists take cover near the entrance of a monastery where military supporters gathered to attack protesters and media in Yangon on February 18 (EPA-EFE/LYNN BO BO)

A BBC journalist and a former Mizzima News reporter were arrested by men believed to be plainclothes officers in Naypyitaw on Friday afternoon, a family member confirmed.

BBC Burmese journalist Aung Thura was in front of the Dekkhina District court to report on a hearing for National League for Democracy patron Win Htein when he was arrested. Former Mizzima correspondent Than Htike Aung was with him at the time of the arrest.

No further details of the arrest or the reporters’ detention were known at the time of reporting, according to Aung Thura’s relative. 

“I saw some plainclothes officers dragging away a person in trousers into a car,” lawyer Min Min Soe, who was near the court at the time, told Myanmar Now. The man she saw is believed to be Than Htike Aung.  

“Two other officers in plainclothes were hassling another individual in a paso [traditional sarong for men] and glasses,” she said, referring to Aung Thura. “It was quite a scene so I don’t know what happened next.”

BBC News issued a statement on Friday afternoon saying that they are "doing everything [they] can" to find Aung Thura, who they described as being taken away by unidentified men.

“We call on the authorities to help locate him and confirm that he is safe,” the statement said.

As of March 16, a total of 38 journalists had been arrested or targeted for arrest since the February 1 coup. The latest arrests of the BBC and former Mizzima journalists push this number up to 40.  

Only 22 of these reporters have been released. Ten journalists have been charged with violating Section 505(a) of the penal code, which has been used against people who are seen as causing fear, spreading fake news, or agitating government employees. Under recent amendments to the law, the charges come with a three-year prison sentence if convicted.

Online news website The Irrawaddy has also been charged by the junta as violating the same statute for showing “disregard” for the armed forces in their reporting of the ongoing anti-regime protests.

Five publications, including Myanmar Now and Mizzima had their offices raided and their publishing licenses revoked earlier this month by the regime.

Editor's note: This story was updated to include the BBC's statement, which was not available at the original time of publishing.

 

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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