Police, NLD Fail to Act Against Party Official Who ‘Beat' 12-Year-Old Girl and 'Forced Her to Work’

Girl was allegedly tied to a tree and beaten by distant relatives who made her work ‘morning till night’

Published on Apr 5, 2019
The house where the girl was allegedly abused (Photo by Khin Moh Moh Lwin/ Myanmar Now)
The house where the girl was allegedly abused (Photo by Khin Moh Moh Lwin/ Myanmar Now)

Police have refused to investigate an NLD official accused of beating a 12-year-old girl and forcing her to work “morning till night” in his home, while the party says it will only look into the case if the victim complains to them.

Thaung Han, a district-level executive committee member for the party in the Ayeyarwady delta, tied the girl to a tree before beating her and deprived her of food if she didn’t work hard enough, the girl alleges.

Thaung Han, his wife and two children all took part in the abuse, she added.

“They beat me with a bamboo stick. Sometimes they beat me while I was pounding the chilli,” the girl told Myanmar Now.

 

 

“They didn’t allow me to eat if they thought I hadn’t swept the floor or I didn’t do a good job... They dunked my head in water and beat me,” she said.

The girl, who is the grandniece of Thaung Han’s wife, came to stay with his family in Myin Ka Kone village in Mawlamyine Gyun Township three years ago.

 

 

The wife, Myint Myint Aye, denies the allegations and Myanmar Now was unable to contact Thaung Han directly.

Htun Lin, the station officer at the local police station, denied that Thaung Han’s position in the NLD had anything to do with the decision not to investigate.

Because the girl was related to his wife, police did not see it as abuse but as a case of guardians “disciplining” a child, he told Myanmar Now.

He also suggested that the people supporting the girl in trying to open a case had a personal vendetta against Thaung Han.

“I think some people dislike U Thaung Han. Those people encouraged us to open a case against him,” he said.

He admitted, however, that police had not even questioned the girl about the case.

Thaung Han’s neighbours corroborated the girl’s story during interviews with Myanmar Now.

Lon Ma, a nextdoor neighbour of the family, said she saw Thaung Han tie the girl to a tree and beat her.

“We don’t know why she was beaten although she worked from morning till night,” she said.

‘I am going to drink poison’

“You can see the branches on the tree in front of our house are chopped off. They were chopped off by the girl for wood. She had to climb the tree and cut the branches off,” she added.

Another neighbour said she often heard the sounds of the child being beaten and crying out from inside Thuang Han’s house.

“They didn’t like to be watched. If they thought we were watching, they took the child inside the house to beat her,” said the neighbour, Thin Thin Khaing.

Thin Thin Khaing said the girl had told her she was feeling suicidal. “Auntie, I am going to drink poison,” she recalls her saying.

After that Thin Thin Khaing advised the girl to escape and go to the village abbot for help.

On March 17 the girl went out to borrow a clothes iron and didn’t come back, instead heading to the nearby monastery.

The abbot let her stay and a local villager named Pyay Kyaw tried to open a case at the police station.

“The police said they heard it was the relative disciplining the child,” he told Myanmar Now.  

“They didn’t give us any advice. We are preparing to file a lawsuit directly at the court,” he said.

Myanmar Now did not see any visible scars or wounds on the girl’s body. But the abbott's mother, Daw Kwe, said there were bruises on the girl’s hands and fingers when she first arrived at the monastery.

‘Scared of the police’

Thaung Han’s wife, Myint Myint Aye, said her family had never abused the girl. She told Myanmar Now that the girl had run away to the monastery because she had stolen some snacks from a police boat and become frightened of being caught.

“She was scared the police might arrest her,” she said.

She also accused the girl of stealing food from a local snack shop at night, and stealing money from home.

She added that the family did not force the girl to climb trees, as the neighbour said, but she volunteered to do so.

Thaung Han’s current whereabouts is unclear. Myint Myint Aye said she did not have his phone number, as did the village administrator.   

Kyaw Kyaw, an NLD MP for Mawlamyine Gyun Township, said the girl’s case is not related to the NLD party. He added that the party does not protect its members in criminal cases.

Nyunt Htay, the NLD township chairman, said the party would only act on the allegations if the alleged victim came to complain.

“We can find a solution if the victim comes to talk to us. We will discuss it with them. So, just bring the victim and the plaintiff,” he said.

The girl’s mother brought her to Myin Ka Kone, a village of some 300 households that is only accessible by boat, three years ago. But a few months later she left the girl behind to do work at her home village of Maybay.

Hla Myint, a relative of the mother who travelled form Maybay to Myin Ka Kone after hearing about the allegations, said no one knows the mother’s current whereabouts.

“Her mother came back to village and did odd jobs for a year, we don’t know where she went after that,” she told Myanmar Now.

She added: “When we asked her about the child, she said she left her at this village. We thought the child would be taken care of.”

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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