Dear friends,
The Asian Human Rights Commission (AHRC) has followed with concern reports that a group of soldiers raped and killed a teenage schoolgirl in the north of Burma. It has since obtained detailed information on the case and learned that although it was reported to the police so far no action has been taken to prosecute the accused and instead the family of the victim has been silenced.
CASE DETAILS
As was widely reported in August, on 27 July 2008 a group of soldiers stationed in the north of Burma near the border with China allegedly raped and killed 15-year-old schoolgirl Nhkum Hkawn Din as she was walking about a mile away from her village, taking food for her brother who was working in farmlands.
According to relatives, Hkawn Din had not come back by evening time but as it was her birthday they had thought that she had gone to meet friends and attend church. The next day they learned that she had not met her brother and they searcher for her but couldn’t find her. Finally, her naked body was recovered on July 30 in bushes not far from an illegal army checkpoint used for allowing cross-border trade in motorcycles, which is between the village and the area of fields where Hkawn Din’s brother was working. She had multiple stab wounds to her neck, shoulder, chest, abdomen and vagina, and with a mutilated face and head injuries.
The village headman immediately referred the case to the police and the body was sent for an autopsy, and it was found that two or three people had raped and killed her. However, instead of taking action the police reportedly claimed that there was insufficient evidence to identify the accused. This is even though there was ample material and eyewitness evidence.
According to sources, one eyewitness passed by Hkawn Din on her way to the fields and about five minutes after saw two soldiers going the same way, not in full uniform, one with a gun and the other with a bayonet, and both of them from the local army post. Another witness staying nearby the illegal checkpoint said that two soldiers had been in the vicinity on the morning of July 27 and seemed to be looking around for something. A third witness said that around midday two soldiers had passed him by in the paddy fields nearby the checkpoint. One had a gun and was wet and the other was stumbling. He assumed that they were in a rush hunting for someone bringing motorcycles illegally.
After the battalion commander heard about the case, he reportedly ordered all the soldiers in the village (around five) be dispatched to other locations. Then, under intense local pressure on August 14 the army detained one of the three accused soldiers and transferred him into police custody, although it sent two other soldiers rather than police to stay on guard at the watch house. But according to reports, on August 17 a group of army and police officers and township officials came to visit the family and offered them a sack of milled rice, some sugar, cooking oil and condensed milk and half-a-million Kyat (about USD 420) to settle the matter. Since then there has been no further progress in the case.
ADDITIONAL INFORMATION:
It is widely recognised that soldiers, police and government officials in Burma enjoy impunity for criminal acts, including rape and murder, due both to their official positions and capacity to intimidate complainants. See for instance some of the cases documented by the AHRC: UA-224-2007; UP-094-2007; UA-096-2007; UA-222-2006; UA-198-2006.
See also the comprehensive reports “Burma, political psychosis and legal dementia” and “Saffron Revolution imprisoned, law demented” issued by the AHRCs sister organisation, as well as the 2007 AHRC Human Rights Report chapter on Burma.
SUGGESTED ACTION:
Please write to the persons listed below to call for a proper investigation of the alleged rapists and killers of Hkawn Din. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma.
Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar and violence against women, and the regional human rights office for Southeast Asia, calling for interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: No action against alleged rapists and killers of 15-year-old girl
Details of victim: Nhkum Hkawn Din, 15, eighth standard student at Chyan Kyin Basic Education Middle School, Momauk, daughter of Salang Nhkum Yawng Shawng (father) and Maran Nu Bren (mother), residing in Section No. 1, Namsai Village, Momauk Township, Bhamo District, Kachin State, Myanmar
Alleged perpetrators:
1. Private Soe Tu Win, Light Infantry Battalion (LIB) 437; company commander, Sgt. Thet Htun, battalion commander, Major Aung Myint Htun, stationed in Momauk
2. Trainee Tu Ra, LIB 437, commanders as above
3. Corporal Aye Thein, LIB 437, commanders as above
Date of event: 27 July 2008
I am shocked to hear that although two to three soldiers stationed in upper Myanmar have been accused of having raped, mutilated and killed a 15-year-old girl have not yet been charged with any offence and instead the family has been forced to accept a paltry pay-off.
According to the information that I have received, around 9:30-10:30am on 27 July 2008 a group of soldiers stationed in Nam Sai of Momauk Township allegedly raped and killed Nhkum Hkawn Din as she was walking about a mile away from her village, taking food for her brother who was working in farmlands. Although she did not come back by that evening, as it was her birthday her family thought that she had gone to meet friends and attend church. The next day they realised that something had happened but couldn’t locate her. Finally, her naked body was recovered on July 30 in bushes around 200 feet away from an illegally-manned army checkpoint used for allowing cross-border trade in motorcycles, which is between the village and the area of fields where Hkawn Din’s brother was working. She had multiple stab wounds to her neck, shoulder, chest, abdomen and vagina, and with a mutilated face and head injuries.
The village headman immediately referred the case to the Momauk Township Police and the body was sent for an autopsy at the Momauk Township Hospital, where it was found that two or three people had raped and killed her. However, instead of taking action the police reportedly claimed that there was insufficient evidence to identify the accused. This is even though there was ample material and also a number of eyewitnesses, including one who passed by Hkawn Din on her way to the fields and about five minutes after saw two soldiers going the same way, not in full uniform, one with a gun and the other with a bayonet, both of them subordinates of Sgt. Thet Htun. Another witness staying nearby the illegal checkpoint said that two soldiers had been in the vicinity on the morning of July 27 and seemed to be looking around for something. A third witness said that around midday two soldiers had passed him by in the paddy fields nearby the checkpoint, one wet and carrying a gun and the other was stumbling.
I am informed that after the LIB 437 commander heard about the case he ordered the soldiers in the village (around five) to be dispatched to other locations. On August 14 the army detained one of the three accused and transferred him into police custody, although it sent two other soldiers rather than police to stay on guard at the watch house. But according what I have been told, on August 17 a group of army and police officers and township officials came to visit the family and offered them a sack of milled rice, some sugar, cooking oil and condensed milk and half-a-million Kyat (about USD 420) to settle the matter. Since then there has been no further progress in the case.
It is extremely disappointing to learn that this case has not proceeded to criminal trial and court apparently for the sole reason that the alleged perpetrators are soldiers. I call upon the Minister of Home Affairs and the chief of the Myanmar Police Force in particular to rectify this unfortunate state of affairs by ordering a high-level special investigation team to be sent to the township and get to the bottom of the case, not in order that some further trifling payout be given to the family of the victim, but in order that the perpetrators be arrested and prosecuted in accordance with the law. The police force and army must also conduct internal inquiries to identify and demote those officers who failed to perform their duties as expected and apparently sought to cover up the offence.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
1. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
2. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624
3. U Aung Toe
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
4. U Aye Maung
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
5. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
