Seeking justice in the wake of Myanmar’s coup

Seeking justice in the wake of Myanmar’s coup

The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

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

More than 300 students detained in Tamwe in early March hit with 505a charge

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

Myanmar Now
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

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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One person dead in crackdown to help captured informant

The fatal shooting came as locals in Sagaing region were punishing a man believed to be informing on protesters

Myanmar Now
Published on Mar 17, 2021
Kyaw Min Tun, 41, was killed on March 16 after police opened fire on protesters in a bid to rescue a suspected informant. (Supplied)

An anti-coup protester was killed in Kawlin, Sagaing region, on Tuesday after police fired on a group of people who had detained a man suspected of acting as a regime informant. 

Kyaw Min Tun, 41, was shot and killed after about 50 police arrived to rescue the suspected informant.

“The snitch was taking photos and calling the military to give them information. A woman overheard his phone call,” a Kawlin resident told Myanmar Now.

“Everyone surrounded and captured him. While they were shaving his head, the police showed up and started shooting at the crowd. A person was shot and killed,” the local added.

The person alleged to be an informant was identified as Chit Ngwe, a member of the Kawlin District Military Council. He was reportedly making a phone call at the time of his capture.

Witnesses said that police offered no warning before they started shooting.

Kyaw Min Tun was shot in the side and died immediately, witnesses said. The native of Min Ywa, a village in Kawlin township, had arrived in Kawlin in the morning to join an anti-coup march.

A young protester was also arrested during the incident, local residents said.

When local people started showing up in front of the Kawlin police station to demand the release of the arrested protester, a combined force of soldiers and police cracked down again. 

Two civilians were injured in the process, residents said.

 

Myanmar Now

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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Myanmar military, not EAOs, only terrorist organisation in Myanmar, CRPH says

The committee of elected lawmakers removes the ‘terrorist’ and ‘unlawful’ designations once used against ethnic armed organisations

Myanmar Now
Published on Mar 17, 2021
Military troops are seen on Bargayar Road in Yangon’s Sanchaung on February 28. (Myanmar Now) 

A committee representing elected lawmakers-- who have been unable to take their seats in parliament following the February 1 coup in Myanmar-- announced the removal of all ethnic armed organisations (EAOs) from the country’s list of terrorist groups and unlawful associations on Wednesday.

The Committee Representing the Pyidaungsu Hluttaw (CRPH) issued a statement condemning all arrests and detentions under Section 17(1) of Myanmar’s Unlawful Associations Act, which prescribes up to three years in prison for affiliation with an “unlawful association.” The CRPH said that it considers the Section 17(1) arrests and charges leveraged against EAOs fighting for national equality and self-determination illegitimate. 

The CRPH “expresse[d] its profound gratitude” to EAOs that have provided “care and protection” to civil servants participating in the Civil Disobedience Movement (CDM) in opposition to the military junta. The committee recognised and congratulated these EAOs for their “strong commitment to the building of [a] federal democratic union.”

In the wake of violent crackdowns by the junta’s armed forces on anti-coup protesters nationwide, the CRPH labelled the Myanmar army a terrorist organisation on March 1. 

Of the more than 20 ethnic armed groups in Myanmar, 10, including the Karen National Union (KNU) and the Restoration Council of Shan State/Shan State Army (RCSS/SSA) have signed the Nationwide Ceasefire Agreement (NCA) with the previous National League for Democracy government and the military.

Affiliation with EAOs not signatory to the NCA, such as those in the Northern Alliance, has led to charges under Section 17(1). These cases have been disproportionately brought against civilians belonging to ethnic nationalities. 

The military coup council announced on March 11 that it would remove the Arakan Army, a Northern Alliance member with which it had been engaging in intensifying clashes for nearly two years in Rakhine State, from its list of terrorist groups. 

No other EAOs were removed from the list. 

The military continues to engage in ongoing clashes with EAOs in Kachin and northern Shan State, including the Kachin Independence Army (KIA), another Northern Alliance member. In Karen State and Bago Region, the junta’s armed forces have been fighting with NCA signatory the KNU. 

While the KIA has not commented directly on the coup, in a February 10 statement it said it would protect the people’s anti-military movement if the armed forces violently suppressed it. 

The KNU has also said it would protect protesters, and has provided asylum for police officers who joined the CDM. 

The RCSS/SSA issued a statement condemning the military coup, and has offered to protect civil servants participating in the CDM. 

The 10 NCA-signatory EAOs announced on February 20 that they would suspend the peace process, and on March 11 they held an online meeting to discuss ways to stop the killing of civilians by the military council.

On March 5, the CRPH called for the military-drafted 2008 Constitution to be abolished and a federal, democratic Constitution to be established. Ten days later, the CRPH issued a law protecting the public’s right to defend themselves from the military’s violent crackdown on protesters with the aim of establishing a federal army. 

 

Myanmar Now

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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