• Myanmar Mission To UN

Legal Perspective Information Sheet as of 11 August 2021, Permanent Mission of Myanmar, New York


Preface


The purpose of publishing this information sheet is to increase the awareness of people over the Crimes Against Humanity committed by the military terrorists on a daily basis and to keep a record of their brutal acts for future reference and proceedings. Committed crimes are selectively stated in this information sheet due to space limitations.


Military sponsored crimes


As the tensions between the resistance forces and security forces of the military led State Administrative Council (SAC) grew within the past few months, the latter and its militia group “Pyu Saw Htee” had jointly attacked villages across different parts of Myanmar. In the first week of August, security forces of the SAC and the militia group attacked a village in Magway Region, highlighting the death of an administrator in the neighbouring village.


In Kani Township, Sagaing Region, 12 bruised and decomposed dead bodies, including the body of a 14-year old teenager, were figured. The military’s forces stationing in the nearest area have been arresting male residents suspected of being involved in the anti-coup resistant movements. According to the locals, the bodies of the dead found recently cannot be buried yet as the security forces of the junta remain active in the area. Likewise, the eastern part of Depayin Township in the Sagaing Region alerted serious risks for the residents due to the three-day military raid on villages within the area. Security forces of the terrorist junta also used heavy artillery and created landmines that brutally harmed the locals. Moreover, numerous properties and businesses of the people and infrastructures in the villages were also heavily destroyed by the junta’s forces.


Security forces of the terrorist junta are also trying to empower the “Pyu Saw Htee” militia group in its efforts against eliminating the People’s Defence Forces (PDF) in Shan State. Although it is difficult to confirm the extent of the reinforcement, the military junta has likely ordered the militia group to remain on standby. The use of a militia that mainly employed thugs and criminals can only lead to war crimes. The military is already setting up a path to war crimes. They have no intention to abide by the laws of war.


As a consequence of the SAC’s forces' acts of raiding villages in their strong attempt to eliminate the anti-military resistance forces, a shocking number of displaced persons have evolved, and their displacement amidst the surge of a nationwide pandemic has become troublesome. Today, there are more than 200,000 displaced persons across the country seeking refuge in the neighboring countries but somehow are refused by governments of the neighbouring countries mainly due to the risk of COVID-19 and the heavy load of Myanmar displaced persons existing in their respective countries. Myanmar is on the path to a refugee crisis and a humanitarian disaster.


Article (3) of the Universal Declaration of Human Rights provides everyone the right to life, liberty, and security. Widespread or systematic attack directed against any civilian population means the breach of International Law and constitutes ‘Crime Against Humanity under article (7) of the Rome Statute.


Unreturned dead bodies


Since the coup on February 1, security forces of the terrorist junta have been arresting and killing various innocent civilians. Apart from these atrocities, numerous people have been arrested by the junta since then, most of whom died on the day of the abduction. Their dead bodies were never returned to the remaining family members. As the cases of these unreturned dead bodies continue to increase, Sai Ye Yint (a) Myo Chit Thu, who lives in Mandalay Region, was another victim who got a gunshot, was arrested and died during the last week of July. According to his family members, his dead body was not returned. Human dignity lies at the core of all international human rights laws. These international obligations are complementary to and inform the rights and obligations concerning dead persons and their families set out in applicable national legislation. But the Military failed to do so.


Arbitrary Arrest


While the movement of peaceful strikes against the military never stopped across the country, the SAC's security forces have also continued to arrest people involved in the demonstrations and CDM until today. Before, the security forces in full uniforms made abductions, but now they have included plain cloth polices who disguised them as one of the protestors and later on arrested the most active or those who led the strikes. Furthermore, the military and security forces also arrested a political activist from Bago Region while the victim was making a funeral ceremony for his late father.


Another victim San Win who lives in Ayeyarwady Region, was also arrested on August 7 for questioning but then died on the same day after suffering from severe injuries caused by consistent and serious torture. Again in Mandalay, the forces of the junta also arrested the wife and a 1-year old infant of Aung Kyaw Htet, whom they have been looking for. Although the baby is now released from detention, she is completely separated from her parents and is unable to breastfeed.


Violations of Fundamental Human Rights


According to AAPP, a CDM participant, Doctor Maung Maung Nyein Tun, detained and filed 3 charges against him in the Interrogation Center of Mandalay Nandwin, who died on 8 August due to COVID-19. The military not only refused to transfer him to a hospital during his early stage of infection and provide sufficient medical treatment but also lately sent him to the Mandalay General Hospital only when the condition turned worse. The 1948 Universal Declaration of Human Rights mentioned health as part of the right to an adequate standard of living according to Article 25 of the said Convention. Moreover, the right to health was again recognized as a human right in the 1966 International Covenant on Economic, Social, and Cultural Rights. From this aspect, we can see that the military junta does not have the capacity to fulfill the international obligations as an international character to represent the country.


Ref : Assistance Association for Political Prisoners (AAPP) : Myanmar Now