Dear friends,
The Asian Human Rights Commission (AHRC) has received information from a local partner organization, the Association of Human Rights Defenders and Promoters, that a 22-year-old girl had been sexually assaulted and killed by a soldier in Pandaung township, central Burma in September 2016. Despite the soldier admitting to the murder at a police station, the army took him back to army custody for its own inquiry. Two months later, the private has been turned over to Oakshippin Police Station but brought to town court for proceedings without informing the victim’s family.
CASE NARRATIVE:
On 30 September 2016, Wityi Khin went to her Betel shop riding her Smash motor bike from her village to Oakshippin town at 6 a.m. At 1:45 p.m., her husband Aung Naing spoke to her for a few seconds on her mobile, but the conversation was cut due to a low signal. After that, she could not be reached. At about 6 p.m., Daw San Yee, who lives behind her Betel shop, told Wityi’s family that Wityi went out by 11a.m. to fill fuel for her bike, but never came back. Wityi’s family started searching for her whereabouts but found nothing until Aung Naing saw a photo of her body on the next day, October 1, at 10 a.m. The photo was taken by Lieutenant Than Win from the Oakshippin hospital morgue.
Wityi Khin’s body was found near an army battalion, northwest of the No. 601 Missile Defence, Oakshippin town, then brought to Oakshippin Hospital. U Tin Shwe, her father, and a village administrative officer together with 13 other people went to the crime scene at noon on October 1. According to the family, they found no bloodstains or evidence of violence at the crime scene, but found three bags and a bamboo rod. They believe her body was brought from somewhere else.
During the police investigation, CCTV recordings from 101 fuel shop located at the west junction of Pathein-Monywa highway shows private Tun Tun Naing riding a bike together with Wityi Khin the day she disappeared. Private Tun Tun Naing was then brought to the Oakshippin police station, where he admitted that he killed Wityi Khin. He closed her mouth, squeezed her neck and cut her left wrist with a broken glass bottle until she died. It was also found that Wityi was sexually assaulted before she was murdered. After he killed her, he put soil and rock over her body and dumped the body on the ground near the army battalion.
During the investigation, he added that he took Wityi’s gold necklace, earrings and ring. He sold the gold necklace for 200,000 kyats (less than 200 USD) at Shwe Than Lwin Gold Jewellery Shop, and the earrings and ring for 170,000 (approximately 150 USD) at Shwe Hlaing Phyo Gold Jewellery Shop in Oakshippin Town. Wityi’s Vivo phone was also taken from the perpetrator and her motor bike was found inside the army battalion.
Wityi Khin’s family filed a lawsuit against him at Oakshippin Police Station. Police Officer Win San opened an FIR case against him under section 302 of the Penal Code, case no (pa) 696/2016 at Oakshippin Police Station, Padaung Township. However, as the accused is a member of the military, he was taken into army custody. The army didn’t return for more than one month for proceedings in civilian court, resulting in the family making a complaint to the President’s Office, Director General of Myanmar Police Force, Commander in Chief of Defence Services and other concerned departments on 23 November 2016. At the end of the month, two months after the incident, the army returned him to the police. The case was then brought to civilian court without informing the family.
Further details are provided in the sample letter below.
BACKGROUND INFORMATION:
In Myanmar, the military enjoy impunity for crimes committed against civilians through decades and they haven’t been brought for prosecution in accordance with law. It is rare to take action against them. The AHRC issued a dossier of cases from Kachin State in which many perpetrators were military personnel (AHRC-PRL-002-2-13). Among them, the case similar (AHRC-UAC-122-2013) to this happened in Pyay in 2013. A couple was attacked by a group of soldiers, with the young man being murdered while his girlfriend escaped pretending to be dead. Although the victims’ family continue to request for a lawsuit against them, the perpetrators still haven’t been prosecuted in the civilian court.
For many more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge that the accused soldier must undergo a transparent trial for murder and the civil rights of the victim be granted under the constitution of the country.
Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on extrajudicial killings; on the independence of judges and lawyers; and to the UN Regional Office in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Family of sexually assaulted girl killed by a solider seeks remedy
Names of victims: Wityi Khin, 22, residence of Kyaukphoo village, Padaung township, Bago Region, Myanmar
Names of perpetrator: private Tun Tun Naing, serial No. 393145 of No.2034 Air Defence Battalion, located in Oakshippin Town, Padaung Township, Bago Region, Myanmar
Date of incident: 30 September 2016
Place of incident: Oakshippin Town, Padaung Township, Bago Region, Myanmar
Case opened as: FIR Pa/696/2016 Oakshippin Police Station, section 302, Penal Code for murder
I am disappointed to hear that a soldier who raped and murdered a girl was brought before the court without the knowledge of the victim’s family. On 30 September 2016, Wityi Khin went to her Betel shop riding her Smash motor bike from her village to Oakshippin town at 6 a.m. At 1:45 p.m., her husband Aung Naing spoke to her for a few seconds on her mobile, but the conversation was cut due to a low signal. After that, she could not be reached. At about 6 p.m., Daw San Yee, who lives behind her Betel shop, told Wityi’s family that Wityi went out by 11a.m. to fill fuel for her bike, but never came back. Wityi’s family started searching for her whereabouts but found nothing until Aung Naing saw a photo of her body on the next day, October 1, at 10 a.m. The photo was taken by Lieutenant Than Win from the Oakshippin hospital morgue.
Wityi Khin’s body was found near an army battalion, northwest of the No. 601 Missile Defence, Oakshippin town, then brought to Oakshippin Hospital. U Tin Shwe, her father, and a village administrative officer together with 13 other people went to the crime scene at noon on October 1. According to the family, they found no bloodstains or evidence of violence at the crime scene, but found three bags and a bamboo rod. They believe her body was brought from somewhere else.
During the police investigation, CCTV recordings from 101 fuel shop located at the west junction of Pathein-Monywa highway shows private Tun Tun Naing riding a bike together with Wityi Khin the day she disappeared. Private Tun Tun Naing was then brought to the Oakshippin police station, where he admitted that he killed Wityi Khin. He closed her mouth, squeezed her neck and cut her left wrist with a broken glass bottle until she died. It was also found that Wityi was sexually assaulted before she was murdered. After he killed her, he put soil and rock over her body and dumped the body on the ground near the army battalion.
During the investigation, he added that he took Wityi’s gold necklace, earrings and ring. He sold the gold necklace for 200,000 kyats (less than 200 USD) at Shwe Than Lwin Gold Jewellery Shop, and the earrings and ring for 170,000 (approximately 150 USD) at Shwe Hlaing Phyo Gold Jewellery Shop in Oakshippin Town. Wityi’s Vivo phone was also taken from the perpetrator and her motor bike was found inside the army battalion.
Wityi Khin’s family filed a lawsuit against him at Oakshippin Police Station. Police Officer Win San opened an FIR case against him under section 302 of the Penal Code, case no (pa) 696/2016 at Oakshippin Police Station, Padaung Township. However, as the accused is a member of the military, he was taken into army custody. The army didn’t return for more than one month for proceedings in civilian court, resulting in the family making a complaint to the President’s Office, Director General of Myanmar Police Force, Commander in Chief of Defence Services and other concerned departments on 23 November 2016. At the end of the month, two months after the incident, the army returned him to the police. The case was then brought to civilian court without informing the family.
I have learnt that if the crime is committed against civilians by soldiers, once action has been taken under Section 72 of the Defence Services Act, the case must be transferred to the civilian court for proceedings. Therefore, I request that the case proceedings begin in court in utmost transparency, and that the victim’s family is kept updated of all developments, in accordance with court procedure. The prosecution must be accountable in accordance with law and the judges should be independent, to ensure that impunity is not granted to the soldier. The country’s elected democratic government must take this case in serious consideration.
The family and friends of the victim are afraid that similar cases might be committed by soldiers in their town again, which is why it is important to ensure that the perpetrator is punished adequately, to deter future such acts.
I look forward to your positive and effective response in this case.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. Kyaw Soe
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079+95 67 412 079
Fax: +95 67 412 439
2. U Htin Kyaw
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080+ 95 67 404 080
Fax: + 95 67 404 059
4. U Htun Htun Oo
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088+95 67 404 088
Fax: +95 67 404 146/ 106
5. Police Major General Zaw Win
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079+95 67 412 079
Fax: +951 549 663 / 549 208
6. U Khin Maung Win
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
7. Daw Aung San Suu Kyi
State Councillor of Myanmar
State Councillor Office
Naypyitaw
MYANMAR
8. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668+95-1-659 668
Fax: +95-1-659 668
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
