'Why should the court trust an insane person?’ - how Myanmar fails rape survivors with autism

Discrimination and unnecessary bureaucracy present extra barriers for survivors with autism and disabilities.

Police officer U Myint Aung said survivors who appeared "physically or mentally disabled" must provide medical documents before opening a case. Photo: Kay Zon Nway/Myanmar Now

KYAUNG KONE - It took the police 10 days to act after Thet Thet* reported the man who sexually assaulted her. If it hadn’t been for her autism, officers would have arrested him straight away.

When she showed up the station to report the attack early this year, police said the 33-year-old would first have to go with a family member to several hospitals to get a form confirming she was “mentally disabled”.

But she was unable to afford transport. “We had no choice but to ask for help from the other villagers,” she said. “It was really humiliating.”

All survivors of sexual assault in Myanmar face enormous barriers to achieving justice, even by the already dismal standards set by the rest of the world.

 

 

Police recorded just 741 cases in 2014, even though research from the same year found half of all respondents had experienced rape, sexual assault or sexual harassment.

In Thailand, a country with a similar population where underreporting is also believed to be a big problem, police logged 32,000 cases in the same year.

 

 

For people with autism or intellectual disabilities, difficulties with communication and discrimination present an extra barrier. Those who do report are often confronted with a tangle of unnecessary bureaucracy.

It is unclear why police officers feel the need for survivors to provide proof of their conditions, and there seems to be no basis for this requirement in law.

“Medical and recommendation letters from the respective doctors are required to prove that the victim is physically or mentally disabled,” said U Myint Aung, an officer at Kyaung Kone police station, though he did not elaborate as to why they were needed.

Advocates argue that autism should not be classed as a disability but in Myanmar, as in many other countries, it is often viewed as such.

Thet Thet had to travel to three different clinics and hospitals to get the medical certificates and doctor’s recommendation letter she needed.

First, she got a check up at the local township hospital in order to get referred to Yangon General Hospital. The doctors in Yangon gave her another check up before referring her to the Ywar Thar Gyi Mental Hospital on the outskirts of the city, where she was finally given the documents the police had requested.

The process took 10 days, and in the meantime she worried about seeing the man who assaulted her. “He just walked freely around the village,” said Thet Thet’s mother.

Daw Htoo Htoo Aung, an advocate for people with disabilities in Myint Wa Kyun Paw, said a workaround for these barriers would be for the government to issue ID cards that people could present to police instead of medical documents.

There also need to be special procedures in place at police stations to help people with disabilities and communication issues report crimes, she added.

Wai Wai, a teenager from near Kyaung Kone, Ayerwady region, who also has autism, also faced demands for documents when her family tried to open a case against her rapist.

She had become pregnant from the assault and miscarried shortly before reporting the case, adding to her distress and making it even more difficult for her to communicate.

When the case made it to court, she found it impossible to testify, but received no help or support to do so. Instead, the defense lawyer asked her if the court “should trust someone who is insane.”

In less stressful situations Wai Wai is able to communicate clearly what happened to her, her brother said. “I wish she could have told the court everything the way she tells her siblings at home,” he said.

There are no statistics for Myanmar, but data from other countries shows that people with disabilities are more likely to experience rape and sexual assault that the general population.

Ko Nay Lin Soe of the Myanmar Independent Living Initiative said rapists target people with disabilities because they know it is harder for them to report the incident to others.

Naw Zar Phyu Khant, research officer at the Yangon-based NGO iSchool-Myanmar, said many cases only come to light because survivors fall pregnant.

Attackers may groom people with intellectual disabilities to view the abuse as normal, she said. “They don’t understand whether it is bad or good and don’t know to report it.”

*Names have been changed

(Editing by Joshua Carroll)

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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The offensives come in the wake of deadly crackdowns against anti-coup protesters in Myitkyina 

Published on Mar 18, 2021
A KIA soldier watches from an outpost in Kachin state in this undated file photo (Kachinwave) 

The Kachin Independence Army (KIA) launched attacks against police bases in the jade mining region of Hpakant on Thursday morning, a local resident told Myanmar Now. 

The attacks targeted police battalions where soldiers were stationed near Nam Maw village in the Seik Muu village tract.

“There are Myanmar police battalions around Nam Maw,” a resident said. At least three bases were attacked, he added. 

A 41-year-old civilian in Seik Muu village injured his left hand during the clash, the Kachin-based Myitkyina News Journal reported.

The KIA has launched several offensives against the coup regime’s forces recently. Fighting has also been reported in Mogaung and Injangyang this month. 

Some 200 people fled the Injangyang villages of Gway Htaung and Tan Baung Yan on Monday after the KIA launched an offensive against the military there. 

The offenses began in the wake of deadly crackdowns against anti-coup protesters in Myitkyina. The KIA has warned the junta not to harm anti-coup protesters. 

 

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 coup regime’s forces took the injured people away and locals do not know their whereabouts 

Published on Mar 18, 2021
Kalay residents move the body of a man who was shot dead on Wednesday (Supplied) 

Four young men were killed and five people were injured in the town of Kalay in Sagaing region on Wednesday as protesters continued their fight to topple the regime despite daily massacres across the country aimed at terrorizing them into submission. 

The Tahan Protest Group gathered in the town at around 10am and police and soldiers began shooting. One young man was shot dead on the spot as he tried to help people who were trapped amid gunfire, residents told Myanmar Now.   

The regime’s forces also shot at and chased fleeing protesters along roads and through narrow alleys, a resident said.

“The crowd of protesters dispersed but one person was shot dead while trying to rescue those trapped in the protest site,” the resident added. 

As the crowd dispersed, a man riding a motorcycle was shot outside a branch of KBZ Bank. “He also died,” the resident said. 

Despite the murders, protesters gathered again in the afternoon around 4pm. Police and soldiers started shooting again and killed two people. 

“They were shot dead while trying to set up barricades at the protest site. They were shot while trying to obstruct the army’s way as the army troops chased and shot the trapped protestors,” the resident said. 

The two who were killed in the morning were identified as Salai Kyong Lian Kye O, who was 25, and Kyin Khant Man, who was 27 and had three children. The identities of the other two have not yet been confirmed.

Five people were also injured and then taken away. Locals said they did not know where they had been taken.   

 

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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