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Myanmar
978. By letter dated 14 July 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
979. Zaai Ku, a 24-year-old villager from Kun Mong, Kung Mong village tract, Murng- Mai township, who returned from Thailand where he had been working for 11 months. He was accused of being a Shan soldier by State Peace and Development Council (SPDC) troops stationed at Kun Mong village and arrested at his family home on 12 July 2003. While being interrogated, he was beaten and subjected to other forms of ill-treatment.
980. Ti-Ya, aged 31, Kaw-Lin, aged 26, and Zit-Ta, agde 35, all originally from Loi Keng village, Loi Keng village tract, Kun-Hing township but forcibly relocated to Kun-Hing town relocation site in 1996. On 24 July 2003, they were conscripted to serve as porters by a patrol of approximately 50 SPDC troops from Infantry Battalion (IB) 246, led by a captain (whose name is known to the Special Rapporteur). The three men were severely beaten while their heads were covered with plastic bags. As a result, they lost consciousness several times.
981. Zaai Kawn, a 28-year-old owner of a motorcycle taxi in Ta-Khi-Laek township. In August 2003 he was stopped by four SPDC troops from Light Infantry Battalion (LIB) 331 who were guarding a bridgeover the Nam Tum stream between Sali Ngawk and Wan Pong villages. He was beaten until he fainted and his motorcycle was taken away. He received first aid from some villagers who found him unconscious. However, as he had serious head wounds, he was taken to Ta-Khi-Laek township hospital. It is reported that when he tried to lodge a complaint with the SPDC township authorities, he was told that nothing could be done because there was no witness and it was not possible to identify those responsible.
982. Lung Thawn, a 53-year-old farmer. He was severely beaten by a patrol of SPDC troops from LIB514 on 19 August 2003, when he was weeding a rice field near Murng-Kerng town. He was accused of being a Shan soldier and taken to the military base. He was released after community leaders guaranteed that he was not a Shan soldier and after 5,000 kyat were paid to the military. Lung Thawn suffered severe injuries resulting from the beating and was hospitalized for several weeks.
983. Aa Nger, aged 29, and Aa Si, aged 31, two residents of Huay Ta village, north of Murng-Yarng town. The couple was stopped by the police on 19 August 2003 when they were on their way to the town market. Their money was taken and they were repeatedly slapped.
984. Ms.Lung Kawn, aged 54, Lung Leng, aged 55, and Pa Ming, aged 31. They were kicked and beaten in September 2003 by SPDC troops from LIB524 and IB246 during a military training course in Kun-Hing township. As a result, Lung Kawn suffered a broken rib, Lung Leng sustained injuries to the torso and Pa Ming sustained bruises and sprains of the arms and legs.
985. Lung Nya-Lin-Ta, a 44-year-old resident of Ho Phaai Long village. He was arrested on 16 November 2003 by a patrol of SPDC troops from LIB332, led by a major whose name is known to the Special Rapporteur. He was accused of being a Shan intelligence agent, interrogated, beaten and subjected to other forms of ill-treatment. He was taken to the SPDC military camp and interrogated for 13 more days. He was eventually released.
986. By letter dated 21 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received allegations concerning Aye Myint, Min Kyi and Shwe Mann (cited in a previously transmitted communication, E/CN.4/2004/62/Add.1, para. 546). According to new information received, during a visit by representatives of the International Labour Organization (ILO) at Insein Prison on 19 March 2004, the two detainees had told them that after their arrest, they had been interrogated for several days, deprived of food, water and sleep and beaten. After his visit, the ILO informal facilitator considered that the case “was not investigated or prosecuted in a systematic or credible way. It appeared that police or intelligence officers initially used methods of entrapment and that the subsequent procedures of investigation and prosecution were unsound, without any of the fundamental guarantees necessary to produce a credible outcome.”(ILO document GB/289/8/2). Shwe Mann was visited by ILO representatives on 25 March 2004. He is also alleged to have been beaten at the time of his arrest and during interrogation at an MI detention centre.
987. By letter dated 22 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
988. Lung Pho Ma, aged 47, and Zaai Nyo, aged 30, both men originally from Paang Kawk village in Saai Khaao village tract, Kun-Hing township, but forcibly relocated to the outskirts of Kun-Hing town in 1997. They were cutting bamboo in a forest in Kun-Hing Township on 13 October 2003 when they were approached by a patrol of the SPDC. While running away, Zaai Nyo was shot at but manage to escape. Lung Pho Ma was captured and suffocated to death. His body was later found tied to a tree with his head covered with a plastic bag. When some villagers and community leaders reported the incident to the SPDC troops, they were told by the deputy commander that SPDC troops had not gone anywhere at the time of the incident since they were all attending a meeting.
989. Pu Laao, a resident of Pa Wo village in Hawng Lerk village track, Ta-Khi-Laek township. He was arrested by a patrol of SPDC troops from Light Infantry Battalion (LIB) 359 on 21 November 2003 at his home. He was accused of possessing weapons but as the troops could not find them in his house, he was reportedly tied up, beaten and interrogated. He reportedly died while being beaten at his house. It is alleged that the troops subsequently arrested his father-in-law and threatened his wife that the latter would be killed as well if she did not state that Pu Laao had died of a heart attack.
990. Zaai Thun Ae, a civilian driver. On 20 March 2004, he was stopped at a checkpoint in Murng-Kerng Township by a commander from LIB 514, (whose name is known to the Special Rapporteur) when he was returning from providing forced labour for SPDC troops. When the commander told him that his car was conscripted for forced labour, Zaai Theun Ae explained that he had already served the SPDC during the three previous days. As a response, the commander reportedly struck him on the back of his neck with a riffle butt. Zaai Thun Ae died as a result of the blow. It is alleged that the SPDC troops later said that he had killed himself by slipping and hitting his head on the side of the car.
991. By letter dated 8 September 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
992. Zaai Wan, headman of Ho Kho village, in Wan Kawm village tract, Murng-Yawng township, Zaai Sao, headman of Wan Kawm village, in Wan Kawm village tract, Zaai Phiu, headman of Hawng Zaang village tract, and other residents of Murng-Yawng township. They were arrested on 13 or 14 March 2004 by a combined force of SPDC troops from the Kaeng- Tung-based Infantry Battalion (IB) 244 and the Murng-Yawng-based LIB 334. They were accused of providing Shan soldiers with food and funds, interrogated and subjected to electric shocks, asphyxiation with plastic bags and water, grinding of their shins with bamboo rods and other forms of torture or ill-treatment.
993. Lung Wi-Ma-La, Murng Kawng village, Murng-Su township. He was stopped by SPDC troops on 17 March 2004 while he was driving passengers between Murbg-Su and Tang-Yarn towns. The soldiers ordered him to hand over a considerable amount of money. He was severely beaten, as a result of which his right thigh was broken.
994. Ms. Ma San San Htay, a homeless nut seller in Kyinmyindaing Township, Yangon Division, and Kyaw Min Htum, a 26-year-old resident of Hone Lan Ward, Sanchaung Township, Yangon Division. According to the allegations received, on 18 April 2004, a police officer (whose name is known to the Special Rapporteur) went to Thida Street, Thida Ward, Kyinmyindaing Township, and tried to disperse homeless people present in the vicinity. He roused Ma San San Htay and kicked her. As she resisted, she was beaten on the mouth, grabbed by the hair and dragged along the road by the police officer. Kyaw Min Htum, a passer-by, tried to help her by talking with the officer. However, the officer reportedly responded by beating Kyaw Min Htum. As a reaction, Kyaw Min Htum reportedly hit him back. He was subsequently arrested and charged with inflicting violence on a public servant while performing his duties. On 24 June 2004, he was found guilty by the Kyinmyindaing Township Court and sentenced to two years’ imprisonment with hard labour. It is reported that the Court did not consider any extenuating circumstances and did not question the police officer’s behaviour.
995. By letter dated 16 September 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning:
996. A woman from Naa Pao village, Kaeng-Tung township. She was reportedly stopped by SPDC) troops from LIB 580 on 9 February 2004 at about 4 pm, approximately two miles north of Murng Lung village. She was forced to accompany the troops to their camp. There she was reportedly gang-raped by ten soldiers. She was released the next morning and threatened with death if she denounced what had happened.
997. By letter dated 17 September 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
998. Lung Wa-Ling Laai, a 59-year-old villager of Wan Mai Tin Tap village, Ho Phaai Long village tract, Murng-Pan township. He was taken from his house to the military base by five SPDC members from LIB 332 on 6 February 2004. He was accused of helping Shan soldiers and providing them with food and information. During interrogation at the military base, he was handcuffed, severely beaten and subjected to other forms of torture and illtreatment. He was taken back to his house some hours later in a very poor condition. Lung Wa-Ling Laai died the same day, allegedly as a result of torture.
999. Zaai Wi, aged 27, originally from Pa Moi village in Naa Mang village tract, Lai- Kha township, and forcibly relocated to Lai-Kha town relocation site in 1997 by the then State Law and Order Restoration Council (SLORC) troops. He was reportedly stopped along with his wife by SPDC troops from LIB515 on 24 March 2004, when they were on their way back from gathering bamboo in a forest outside the relocation site. While his wife was ordered to go home, Zaai Wi was conscripted to serve as a guide. When his wife complained about this incident, military authorities denied any knowledge about the whereabouts of her husband. Zaai Wi’s body was found by villagers three days after his disappearance. They reportedly observed marks of torture on the corpse. It is believed that Zaai Wi was beaten to death.
1000. Lung Haeng Phaw-Ka, aged 42, Lung Zan-Da Yawng, and Na-Lin, aged 33, all from Loi La village tract, Kun-Hing township. They were arrested on 28 January 2004 in Loi La village tract by a SPDC patrol, which robbed the villagers of their property. Lung Haeng Phaw-Ka was reportedly beaten to death on the following day. The other two men were also severely beaten and subjected to torture and ill-treatment during interrogation. They were later taken away to an unknown location. The soldiers also randomly beat other villagers, including old people, women and children.
1001. By letter dated 21 September 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning:
1002. Ms. Naang Kham, aged 30, and her husband, Zaai Yi, aged 40, both originally from Nawng Hai village, Kho Lam village tract, but forcibly relocated to Kho Lam village relocation site in 1997. On 17 September 2003, Zaai Yi was taken away from their farm by a group of men believed to be SPDC soldiers. Half an hour later, a patrol of approximately 50 SPDC troops from IB 246 came to the farm and interrogated Naang Kham about the whereabouts of her husband. When she told them that he had been abducted by unknown soldiers, she was accused of being the wife of a Shan soldier. She was reportedly beaten, kicked and gang-raped. She lost consciousness several times. After the troops left the farm, some villagers assisted her. As her condition worsened after this assault, she eventually fled to Thailand to receive medical treatment. She reportedly died on 29 March 2004 in Chiangrai provincial hospital. The whereabouts of her husband are still unknown.
1003. N. S. and N. L., two 17-year-old girls from Saai Murng quarter in Ta-Khi-Laek town. They were stopped by a group of three SPDC troops near Ta-Khi-Laek on 22 August 2003 when they were going to a pineapple orchard by motorcycle. They were severely kicked and beaten by the troops, who took the motorcycle away. The two girls were later found unconscious by some villagers and taken to a hospital. N.S. died the same night. A complaint was lodged with the SPDC aut horities at Ta-Khi-Laek township officer. No action has been taken to investigate the case.
1004. Saang Zi-Na, a 45-year-old villager from Pang Sa, and his pregnant wife, Naang Non, as well as another woman, Naang Zaam. Saang Zi-Na was shot dead by a patrol of SPDC troops from the 55th Division near Paang Sa village, Loi La village tract, Nam-Zarng township, on 23 August 2003, when he was fetching water on the bank of the Nam Taeng river. On 26 August 2003, a column of the same SPDC troops arrested Naang Non in Paang Sa village and took her to Ta Zao Murng, a Nam Taeng river harbour. Naang Zaam, found on their way, was taken with them. Once there, the two women were interrogated about boats in the area and severely beaten with bamboo sticks. They were also threatened with death. They were later released. As a result of the beatings, Naang Non suffered from internal injuries and had a miscarriage.
1005. Ms. Naang Khin, aged 22, and her sister Naang Lam, age 19. They were raped by a patrol of SPDC troops from LIB 515 on 16 October 2003, when they were reaping rice at their farm in Wan Zing village tract. Their father was tied up to a tree. Afterwards, the two sisters were taken to a forest by the troops. Their bodies were found by villagers some days later dumped in a hole.
1006. Ms. Naang Sa, aged 20, and her husband, Zaai Leng, aged 23, both originally from Zizawya Khe village in Wan Thi vllage tract, but relocated to Lai-Kha township in 1997. They were approached in their farm in Wan Thi village tract by about 40 SPDC troops from Co. 3 of IB64 on 26 November 2003. Zaai Leng was tied up outside the farm and Naang Sa gangraped by the troops. She was later taken with them. Zaai Leng and other villagers went to the base of IB64 to inquire about her but were not allowed to enter the base. Three days later, Naang Sa’s body was found near the farm.
1007. Ms. Pa Ong, a 40-year-old mentally disabled woman, originally from Khur Nim village but who had been forcibly relocated to Maak Laang village. In late 2003, she was forcibly seized by SPDC troops from LIB515 in Maak Laang village. She was dragged out of the village and gang-raped by the soldiers. She reportedly died four days later.
1008. Ms. Naan Zum, aged 18, living in the suburban area of Murng-Su town. On 25 April 2004 she was forcibly taken away from her residence by about 15 SPDC soldiers to a nearby forest. She was gang-raped and stabbed to death by the soldiers.
Urgent appeals
1009. On 18 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding U Aye Kyu, also known as "Monywa" Aung Shin, a former newspaper editor, U Aung Myint, also known as "Phyapon" Ni Loan Oo, a newspaper journalist, U Tun Myint, a teacher, U Naing Naing, also known as Saw Naing Naing, an elected member of Parliament, and U Soe Han, a former high court advocate, all of whom have been involved in the work of the National League for Democracy (NLD). According to the allegations received, U Aye Kyu, U Tun Myint, U Naing Naing and U Soe Han, who are currently detained in the Insein Prison, all suffer from serious health problems. U Aye Kyu specifically suffers from asthma and respiratory problems. U Aung Myint is currently held in the Kalay Prison, approximately 600 miles away from Yangon, where prisoners allegedly rely on relatives for the provision of food and medicine.
Observations
1010. The Special Rapporteur considers it appropriate to draw attention to the concerns of
the Committee on the Rights of the Child (CRC/C/15/Add.237, para. 40) about the lack of
information regarding ill-conduct of law enforcement officia ls and army personnel, especially
in the light of numerous reports of torture, serious ill-treatment and sexually abuse, including
rape, of children by these officials.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.