‘They lied to us’ - families hit out at juvenile prison after murder of two inmates 

Human rights commission calls for an investigation into the Mandalay Juvenile Center

Published on Aug 12, 2020
Mourners gather around the body of 18-year-old Khaing Zaw Tun at his funeral on August 6 (Photo- Yan Moe Naing/Myanmar Now)
Mourners gather around the body of 18-year-old Khaing Zaw Tun at his funeral on August 6 (Photo- Yan Moe Naing/Myanmar Now)

Two teenagers died at a Mandalay juvenile detention center after “severe beatings” by older inmates, the Chair of the Myanmar National Human Rights Commission (MNHRC) has said.

Speaking to Myanmar Now on Tuesday, Hla Myint called for an investigation into the center and for the perpetrators to be punished.

“Detainees disciplined the boys by beating them... and it got out of control,” he said.

“I am not sure if it is a [common] practice at the centre,” he added. 

 

 

Two commissioners from MNHRC’s Yangon branch joined a team on a visit to the center last week to probe the deaths, he said.

The two boys were among seven teenagers from Monywa who were sentenced to two years in juvenile detention for a  2019 robbery they were accused of. 

 

 

Five days after their arrival at the center, five of the seven tried to escape. Older detainees then chased them down and beat them as punishment. 

Pyae Phyo Maung, 18, died the same day of his injuries while Khaing Zaw Tun, also 18, died five days later.

Hla Myint said his commissioners reported their findings on Monday to the home affairs and social welfare ministries.

“We urged the home affairs ministry to punish who is responsible and the social welfare department to do an internal investigation,” he said.

The centre is built to accommodate 200 detainees but is currently dealing with 500, he added.  

Kyaw Swar Lin, Khaing Zaw Tun’s brother, said the family will file a case against the center when they receive confirmation of the cause of death.

“It’s very unfair that my brother had to die. We’re filing a case once we get the cause of death certificate. And we’ll send out more letters reporting this case to different authorities,” he told Myanmar Now.

‘These are the consequences of running away’

Nay Aung Kyaw, the center’s principal, told Myanmar Now that internal investigations into the teenagers’ deaths were underway. The center was in touch with family members, he said. 

“Staff members, including myself, and the students are all being investigated,” he added.

The investigation team includes Dr San San Aye and Khin Khin Myo, the director general and deputy director of the social welfare ministry.

Two other teenagers who ran away from the center were hospitalized and are now in good shape, Nay Aung Kyaw said. 

The cause of death of the two teens would only be known after the forensics results, he said, but he admitted older detainees beat new ones in certain situations.

“If they’re recaptured, the boys are gonna have fights. I’m not going to deny that because this is a juvenile center,” he said. “If a detainee escapes, we come up with a new rule. So the boys probably thought they would lose their privileges because of the ones who escaped and picked fights. These are the negative consequences of running away.”  

The center was managing 496 detainees with just 25 staff members, he added, and it was low on staff the day the boys ran away because it was a national holiday.

“One jumped in the moat. When we were worried and trying to get him back, the kid who died ran towards the shops near the zoo. He dived in a creek to hide and only came out because he couldn’t breath,” he said. 

‘They lied to us’

Pyae Phyo Maung’s mother Myo Myo Htwe, said the center gave her inconsistent information about her son’s death. 

“When they phoned us, they said our boy died after drowning and suffocating,” she told Myanmar Now. “But we didn’t see him at all near the creek in the CCTV footage.” 

Instead, she said, the video showed him “being kicked and dragged” before “other detainees started beating him too.”

Family members saw bruises and injuries around his face and head when they went to see his body at the hospital. They weren’t allowed to bring the body home and buried him with the help of the hospital, Myo Myo Htwe said.

Khaing Zaw Tun’s parents believe their son’s death was a result of abuse by staff. They found bruises along his back and injuries around his eye, they said. 

Win Maw, his father, said that after his son was hospitalized on July 31 the center lied and said he was still at the center.

“He was hospitalized and they lied to us,” Win Maw said. “Their voice was very stern. They only told us he was hospitalized after we begged and cried to see our son after we heard about the other kid’s death. 

“When we came to the hospital, he couldn’t speak. We only got to look after him for one night. The other kid’s parents only got to see their son after his body had been blessed,” he added. 

Both teenagers were from Aung Chan Thar in Monywa. Khaing Zaw Tun’s brother, Kyaw Swar Lin said his brother was innocent of the robbery he was convicted for.

“When he was arrested, he only had 8,000 kyat and a phone on him. He didn’t do anything. And he didn’t plead at the court. But he was with a group of friends and labelled a robber,” he said.

Family members were allowed to see his body on August 6, after the forensic examination.

“We don’t know how to proceed with this and only ask for justice. Anyone who could help us, please report this injustice so that the authorities will know,” said Win Maw.

After the first death, family members of the other teenagers who escaped were concerned their children may also die and requested to see them. But they got permission only on Aug 6, after the second boy died.

Translated by Htet Aung Lwyn

Khin Hnin Wai is Myanmar Now reporter based in Mandalay

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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