Women Who Held Toddler Under Water to ‘Discipline’ Him Face Life in Prison

A tenant of Myint Cho and Aye Myat Lwin secretly filmed them forcing the child underwater as they scolded him for crying.

Published on May 10, 2019
A screenshot of the video shows a child being forced underwater.
A screenshot of the video shows a child being forced underwater.

“Go ahead and cry,” a woman tells her grandson, a toddler, as his head bobs above the surface of the water inside a concrete tank in her yard.

Then she grabs his tiny body and plunges him underwater, holding him there for 12 seconds. “Are you going to cry again?” she asks after allowing him to resurface.

He grabs onto the ledge to rest. But then his aunt puts aside the laundry she had been hanging nearby and takes over from the grandmother, dunking him again as his arms flail and splash.

The incident, secretly filmed in Yangon by a tenant of the two women, was part of an alleged catalogue of abuse that witnesses say included beatings and depriving the 21-month-old child of drinking water so he had to drink from a toilet.  

It is the latest in a series of cases to come to light in recent years that a top human rights official says reflects a culture of using violence against children in the name of discipline.  

Myint Cho, 50, the child’s grandmother, and Aye Myat Lwin, 23, his aunt, were arrested late last month and charged with attempted murder, which can carry a sentence of up to life in prison.

They were denied bail and sent to Insein prison.

Naing Naing Maw, who filmed two secret videos of the women dunking the child in water, was at first reluctant to report the abuse because she was worried the women would kick her out of the house she rented from them.

‘If we don’t report it, he’ll die’

She tried pleading with them to leave the child be. But she said Myint Cho replied: “The child is stubborn. I just want to sell the child.”

For five months, Naing Naing Maw witnessed them regularly abuse the boy: “They didn’t give water to the child. They didn’t feed him. He drank water from the toilet. And they beat him for that,” she told Myanmar Now.  

Neighbours who witnessed the abuse told Naing Naing Maw they were also reluctant to report it.

Khin Zaw Moe and Aye Mar, a married couple who also rented from Myint Cho, tried reasoning with the women to stop them abusing the boy, but eventually agreed with Naing Naing Maw that they had to approach the authorities.

“I told Ma Naing Naing Maw, ‘Please don’t report it. We will have nowhere to live. And she replied, ‘We have to report it. If not, the child will die. It’s no use reporting when the child is dead,’” Khin Zaw Moe recalled.

Another neighbour who asked not to be named said even now they were too scared to testify on the child’s behalf because they get their water and electricity supply from Myint Cho’s house.  

Naing Naing Maw’s videos played a crucial role in building a case against the two women.

After deciding to report the abuse, she went to a close friend for advice. “Do you want to save a child’s life?” she asked him.

The friend informed the township executive committee of the ruling National League for Democracy party, who advised them to get photos and video recordings of the abuse as evidence.

‘I’ll say he fell’

On the evening of April 20, Naing Naing Maw finally went to the police after filming the women dunking the child in water a second time.

“I’m going to dump him in the tank behind the house,” Myint Cho says at one point in the video. “Then, I’ll say he fell”.

“I thought the child was already dead that night,” said Naing Naing Maw. After they submerged him in the water for the second time that day, she said, “I couldn’t hear the child’s voice.”

She also gave authorities pictures of the child’s injuries, cuts and welts on his body from beatings, that she took when she first moved into the house and was asked to babysit him.

The boy’s case is one of a number that have come to light since 2016, helped by greater access to information and smartphones, in which carers have sought to justify abuse in the name of disciplining children.

In March, an NLD official was accused of beating a 12-year-old girl, a distant relative, and forcing her to work long hours in his home in the Ayeyarwady delta, Myanmar Now reported.

And in April last year a nine-year-old child was tied to a utility pole under the hot sun by an aunt and cousins as punishment for stealing a bike in Pyay township.

U Yu Lwin Aung, a member of the Myanmar National Human Rights Commission, said there was no justification for abusing relatives, husbands or wives in the name of discipline.

He added that a culture of beating children to discipline them still persists in Myanmar despite the existence of laws to punish such abuse.

The 21-month-old boy is now in the care of the Department of Social Welfare and being treated for malnutrition and psychological trauma, said Dr. Kaythi Kyaw, the department’s regional director for Yangon.

Currently, a year and nine month old Mg Chit Min Thu is sheltered at a child care center in Shwegondine Township.

If the boy’s parents want to take the custody of him, she said, they will be assessed for suitability and only allowed to take him if the department deemed that the child would be safe.

The alleged abusers, Myint Cho and Aye Myat Lwin, attended a hearing at the North Okkalapa township court on Friday.

 

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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