Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that freelance journalist Aung Kyaw Naing (aka Par Gyi) was killed while in custody of the Burmese military and that the body has been hastily buried before the story broke. The military claims he was arrested, but facts available make it clear that procedures were not followed. The police eventually decided that investigation would be appropriate, but the military has not turned the body over to investigators. The victim’s wife suspects the military is trying to cover-up evidence of torture and murder.
CASE NARRATIVE:
Par Gyi, a 49-year-old freelance journalist, and former bodyguard of opposition leader Aung San Suu Kyi, travelled to Kyaikmayaw town, Mon State, to reporting on recent conflicts between the Burmese army and Kayan rebels in the area. In end September 2014, he disappeared.
In time, other journalists in the area, discovered that Par Gyi had been arrested on 30 September 2014 by a group of military personnel, headed by Captain San Min Aung, of the Light Infantry Battalion (LIB) 208, which is based in the area from where the victim disappeared. The military claimed that Par Gyi had been arrested because he had been suspected to be an affiliate of Klohtoobaw Karen Organisation (KKO), part of the Democratic Karen Benevolent Army (DKBA).
On 19 October 2014, Par Gyi’s wife, Than Dar, along with four other people, went to LIB 208 to enquire about her husband. The group met with Captain San Min Aung. The Captain said that when the military arrested Par Gyi, Minister of Border Affairs was also present. However, the Captain stated that he had no idea about the whereabouts of Par Gyi.
Than Dar’s group contacted the Minister by telephone. But, the Minister only suggested that they contact the Army’s South Eastern Command for information. The group did just that. They requested permission to meet Staff Officer Grade 1 in the Army’s South Eastern Command. And, they were given an appointment for 20 October 2014 at 8 a.m.
However, when they returned to the area on the 20th, the Staff Officer was unable to meet with them.
On 23 October 2014, an unofficial statement that did not have the letterhead of the Ministry of Defense Service was issued from Naypyitaw with information about Par Gyi. The letter stated that on 30 September 2014, at 9:30 a.m., LIB 204 headed by Caption Soe Zayar Lin, together with the Myanmar Police Force check point of Kyaikmayaw town, saw a suspect, Par Gyi, arrested him, and transferred him to LIB 208 for investigation. Furthermore, the unofficial statement offers the information that at 7:45 p.m., on 4 October 2014, the Par Gyi requested to use the toilet. However, when he was allowed to do so, he attempted to grab a gun from one of the guards to escape. A guard shot and killed him as a result.
Subsequent to Par Gyi’s killing, it appears the military quickly buried the body in the southern part of Shwe War Chaung Village, less than a kilometer away from where the victim was killed.
Notably, even though Par Gyi was arrested neither the military nor the police purported to be involved opened a case against Par Gyi or obtained a court order. This is a breach of military and criminal procedure. Furthermore, if a citizen dies in a military exclusion zone, the military must file a report with the police that details, among other things, the identity of the victim.
The statement from Naypyitaw says that Par Gyi was arrested and killed within such a military exclusion zone. However, there is no record that the military followed the required procedure. Likewise, no investigation of the case was conducted, as required under Rule 178 of the code of Military procedure; rather, Par Gyi’s body was also buried the same day without any determination regarding the death.
On 26 October 2014, at 9:15 a.m., Than Dar, tried to lodge a case in Myoma Police Station, Kyaikmayaw Township, but the Station Head Tin Oo did not accept the case. However, that afternoon, at around 2:35 p.m., Tin Oo called Than Dar to inform her that they had reconsidered, and at 6 p.m. the case was opened under inquest No. 11/2014, 26 October 2014.
The victim’s wife is especially concerned about the return of her husband’s body. She suspects that her husband may have been tortured.
Further details are provided in the sample letter below.
BACKGROUND INFORMATION:
In conflict areas of Burma, civilians face such violence and impunity in routine. People are alleged to be members of ethnic rebel groups, arrested by the Burmese army, and then disappeared or murdered.
In previous urgent appeals, the AHRC has expressed its concern over torture conducted by police and military intelligence, which sometimes results in deaths of the victims, such as in the cases of Aung Hlaing Win, Myo Myint Swe, Nan Woh Phan, and Sumlut Roi Ja, Laphai Gan. In most cases, the courts have also ignored the evidence of torture, and the accused have got away scot-free.
For 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 press for the creation of an independent investigation committee to investigate the case, find those responsible for the death of Par Gyi, and have them prosecuted.
Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar, on torture, on extrajudicial killings; the Working Group on Arbitrary Detention; and, the regional office in Bangkok, calling for their interventions into this matter.
Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………,
MYANMAR: Military attempting to cover-up journalist’s death in custody
Names of victims:
- Aung Kyaw Naing (aka) Par Gyi, 49, resident of No. (1), Sayar Saung Street, Saw Yan Paing East Block, Ahlone Township, Yangon, Myanmar
Names of persons involved:
- Captain San Min Aung, LIB 208
- Htay Myint Aung, Mon State Border Affairs Minister
- Police personnel from Kyaikmayaw Township
Date of incident: 30 September 2014
Place of incident: Kyaikmayaw Township, Mon State, Myanmar
Case detail: Inquest No. 11/2014, 26 October 2014
I am upset to learn that the Burmese military has killed and buried a freelance journalist, and disappointed to further learn that this was done quickly and in direct violation of numerous required legal procedures.
Aung Kyaw Naing (aka Par Gyi), a 49-year-old freelance journalist, and former bodyguard of opposition leader Aung San Suu Kyi, travelled to Kyaikmayaw town, Mon State, to reporting on recent conflicts between the Burmese army and Kayan rebels in the area. In end September 2014, he disappeared.
In time, other journalists in the area, discovered that Par Gyi had been arrested on 30 September 2014 by a group of military personnel, headed by Captain San Min Aung, of the Light Infantry Battalion (LIB) 208, which is based in the area from where the victim disappeared. The military claimed that Par Gyi had been arrested because he had been suspected to be an affiliate of Klohtoobaw Karen Organisation (KKO), part of the Democratic Karen Benevolent Army (DKBA).
On 19 October 2014, Par Gyi’s wife, Than Dar, along with four other people, went to LIB 208 to enquire about her husband. The group met with Captain San Min Aung. The Captain said that when the military arrested Par Gyi, Minister of Border Affairs was also present. However, the Captain stated that he had no idea about the whereabouts of Par Gyi.
Than Dar’s group contacted the Minister by telephone. But, the Minister only suggested that they contact the Army’s South Eastern Command for information. The group did just that. They requested permission to meet Staff Officer Grade 1 in the Army’s South Eastern Command. And, they were given an appointment for 20 October 2014 at 8 a.m.
However, when they returned to the area on the 20th, the Staff Officer was unable to meet with them.
On 23 October 2014, an unofficial statement that did not have the letterhead of the Ministry of Defense Service was issued from Naypyitaw with information about Par Gyi. The letter stated that on 30 September 2014, at 9:30 a.m., LIB 204 headed by Caption Soe Zayar Lin, together with the Myanmar Police Force check point of Kyaikmayaw town, saw a suspect, Par Gyi, arrested him, and transferred him to LIB 208 for investigation. Furthermore, the unofficial statement offers the information that at 7:45 p.m., on 4 October 2014, the Par Gyi requested to use the toilet. However, when he was allowed to do so, he attempted to grab a gun from one of the guards to escape. A guard shot and killed him as a result.
Subsequent to Par Gyi’s killing, it appears the military quickly buried the body in the southern part of Shwe War Chaung Village, less than a kilometer away from where the victim was killed.
Notably, even though Par Gyi was arrested neither the military nor the police purported to be involved opened a case against Par Gyi or obtained a court order. This is a breach of military and criminal procedure. Furthermore, if a citizen dies in a military exclusion zone, the military must file a report with the police that details, among other things, the identity of the victim.
The statement from Naypyitaw says that Par Gyi was arrested and killed within such a military exclusion zone. However, there is no record that the military followed the required procedure. Likewise, no investigation of the case was conducted, as required under Rule 178 of the code of Military procedure; rather, Par Gyi’s body was also buried the same day without any determination regarding the death.
On 26 October 2014, at 9:15 a.m., Than Dar, tried to lodge a case in Myoma Police Station, Kyaikmayaw Township, but the Station Head Tin Oo did not accept the case. However, that afternoon, at around 2:35 p.m., Tin Oo called Than Dar to inform her that they had reconsidered, and at 6 p.m. the case was opened under inquest No. 11/2014, 26 October 2014.
The victim’s wife is especially concerned about the return of her husband’s body. She suspects that her husband may have been tortured.
Therefore, I urge the government to take immediate action in this case, form an independent investigation commission, urge the military to take responsibility for the death, and ensure that those who caused the victim’s death, as well as those who helped in the attempt to cover it up, are punished in accordance with criminal law.
I look forward to your positive and effective response in this case.
Yours Sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. Ko Ko
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 Thein Sein
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. Dr. Tun Shin
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. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
7. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha Hluttaw
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
9. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
