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BURMA/MYANMAR: Attorney General’s office protects soldiers who kill

Urgent Appeal Update |Burma (Myanmar) | April 25, 2014

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-015-2014
ISSUES: Administration of justice, Extrajudicial killings, Impunity, Military,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that no action has been taken against three soldiers who murdered a civilian and terrorized a young couple because the Office of the Attorney General (OAG) is protecting them from prosecution. A military tribunal conducted hearings that absolved the men from responsibility for murder, assault and theft. The OAG is now acting on that tribunal’s findings to stop any case from being brought to a civilian court, even though the police have said that they have sufficient evidence with which to convict.

CASE NARRATIVE:

As we describe in our original appeal (AHRC-UAC-122-2013), three soldiers who murdered a civilian and terrorized young couple have not had any action taken against them till now.

According to the latest information received, since April 2013 the investigation has been the responsibility of the Criminal Investigation Department. After checking the evidence collected, the CID sought approval for further action from police headquarters, which referred the case to the Office of the Attorney General.

Despite the ample evidence, strangely, the OAG said that the case was not strong enough to act against the soldiers, and it advised that the investigation continue, meaning that the police should look for someone else to blame for the crime, other than the three soldiers who are known to have committed the offence.

The current whereabouts and circumstances of the three accused soldiers are unknown. What is known is that no criminal action has been taken against them until now, and that the military tribunal findings have been used to obstruct justice and deny the victims and families the opportunity to take legal proceedings against the military personnel. Furthermore, the OAG’s directions are clearly aimed at ensuring impunity for the accused men rather than offering the families any kind of redress. Without some other kind of intervention the case seems unlikely to proceed further and the police will either leave it unresolved or be forced to arrest substitute persons accused of a crime they did not commit.

Further details can be found in the sample letter below.

ADDITIONAL INFORMATION:

As Mr Thomas Ojea Quintana, United Nations Special Rapporteur on the Situation of Human Rights in Myanmar has taken an interest in the case and met relatives and officials concerning it, some people involved in the matter express concern that the inquiries from the parliamentarians and instructions from the OAG are aimed at offering some kind of explanation for the non-prosecution of the soldiers, who are being protected both by their immediate superiors and the larger institutional arrangement in which the military in Myanmar remains an untouchable institution.

According to information obtained by the AHRC, the editor in charge of a news journal who met privately with Lt-Colonel Kyaw Swar Maung, the superior officer of the accused men, was told in clear terms that the men had been adequately investigated by the army and no wrongdoing had been uncovered. He said that they had just come back from the frontlines in an area of ongoing civil war and had taken to the Buddhist monkhood for a few days before disrobing on the day of the crime. However, he said that as the army had not uncovered evidence of their complicity in the crime, they would not be held to account.

SUGGESTED ACTION:

Please write a letter to the following government authorities to urge that the three accused soldiers be brought before a civilian court and tried for murder without delay. A sample letter follows. Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar, and Pyi as Pyay.

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: Office of the Attorney General acts to ensure impunity for military personnel who murdered and assaulted civilians

Names of victims:
1. Zaw Min Oo, male (deceased), resident of Tayokezu Ward, Pyay, Myanmar
2. Ei Zin Moe Ko, female (survived by faking death), resident of Shwe-letla Ward, Pyay
Both residents of Pyay, Myanmar, teaching children at the Maha Zeyone Temple monastic school
Names of accused:
1. Private Ye Ko Oo, Serial No. Ta/424543
2. Private Than Htaik Aung, Serial No. Ta/372569
3. Private Than Win Aung, Serial No.Ta/439528
All stationed at Infantry Battalion (IB) 75 compound, Pyay
Other concerned persons:
1. Sub Inspector San Oo, detective, Pyay Police Station No. 2
2. Captain Min Thu Aung, IB 75
3. Police Captain Win Khine, Investigating Officer of the case, Serial No.Ye/2874
4. Police Captain Win Khine Serial No.Ye/2874, Pyi Town Police Station Commander
Other police and army personnel at these two facilities
Date and time of incident: 23 April 2013, after 7pm
Place of incident: Nearby Nawaday Bridge, Sinzu Ward, Pyay, Myanmar
Case opened as: FIR Pa/294/2013, Pyay Police Station No. 2, Sections 302/325, Penal Code, for murder and grievous hurt

I am amazed to hear that to date no action has been taken against three soldiers in Myanmar known to have killed one person and assaulted another on a riverbank near their camp in the centre of the country. I urge that they face criminal prosecution without any more delay.

According to the latest information I have received, U Win Myint Soe, Vice Chairman of Bago Regional Parliament, wrote a letter to the Chairman of the National Parliament on 24 February 2014 regarding this case (Letter No-12/13-3/Oo). In the letter, he noted that Police Captain Win Khine, commander of the Pyay Town Police Station had investigated the case, obtained material evidence, took photos of crime scene, drew a map and got DNA samples from the victims.

The accused, private Ye Ko Oo Serial No. Ta/424543, private Than Htike Aung Serial No. Ta/372659 and private Than Win Aung Serial No. Ta/439528 were interrogated in Infantry Battalion (IB) 75 compound. The female victim who survived the attack was sent to Pyay General Hospital to get medical treatment and she was examined by Lt-Colonel Kyaw Swar Maung, lower house MP U Win Myint, upper house MP Dr Khin Maung Lay, a Pyay Township Officer and the Pyay Township Police Commander while she was in hospital. Two days after discharge from hospital, two army personnel came to the victim’s house to get her to sign on a paper that they prepared, but she didn’t. However, the next day they came back again with the paper and she signed it.

On 30 April 2013 Police Captain Win Khine received an order to transfer the case to the Criminal Investigation Department (CID) so he transferred the case file and documents to Police Captain Moe Aung (Serial No. Ye/2692), and the case has been with CID since.

Police Captain Moe Aung of CID investigated the case, checked it and put up an explanatory note to CID headquarters, which submitted the case to the Myanmar Police Force Headquarters. Then the MPF asked for legal advice from the Office of Attorney General.

Despite the ample evidence, strangely, the OAG said that the case was not strong enough to act against the soldiers, and it advised that the investigation continue, meaning that the police should look for someone else to blame for the crime, other than the three soldiers who are known to have committed the offence.

The current whereabouts and circumstances of the three accused soldiers are unknown. What is known is that no criminal action has been taken against them until now, and that the military tribunal findings have been used to obstruct justice and deny the victims and families the opportunity to take legal proceedings against the military personnel. Furthermore, the OAG’s directions are clearly aimed at ensuring impunity for the accused men rather than offering the families any kind of redress.

Therefore, I urge that the OAG’s directions in this case are disregarded and that rather than the police being forced to continue a farcical investigation into people who did not commit the crime, authorization be given for prosecution of the three military personnel. I note that at this time of political change in Myanmar, people in the country and abroad are looking to this case and others like it brought against state officers for evidence of a change in systemic conditions of impunity, and if in fact the soldiers in Pyay escape any type of criminal action I fear it will be demonstrative of the continuation of practices to enable the persistence of human rights abuses, not their cessation. Therefore, 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/ 549 393/ 549 663
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/ 071/ 078/ 067 or + 95 1 372 145
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/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106

5. U Kyaw Kyaw Htun
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

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
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)

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-015-2014
Countries : Burma (Myanmar),
Issues : Administration of justice, Extrajudicial killings, Impunity, Military,

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