• Myanmar Mission To UN

Legal Perspective Information Sheet as of 11 September 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 junta 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.


Massacre in Magway Region

On the morning of 9th September 2021, the military troops raided Myin Thar village, Gangaw township, in the Magway region. The military launched heavy artillery into the village and burned down around 30 houses, and killed 18 villagers. Among them, twelve of them are underage. Some dead bodies were found with head injuries caused by the butt stroke of the gun, and some were shot to death in the head.


The atrocities of the Myanmar military are nowhere to compare, and the inhumane military has never stopped its effort in killing its civilians. From the viewpoint of International Law, these acts of widespread or systematic attack subjected against the unarmed civilians noticeably constitute the Crimes against Humanity under article (7) of the Rome Statute of the International Criminal Court.


Murders


Since the coup, security and police forces of the military have continued to shoot civilians to death. According to the reports of the Assistance Association for Political Prisoners, Lon Ben Khaw Zone from Mading Village in Kachin State’s Waingmaw Township was shot dead by the troops from infantry battalion 58 based near Mading Village. The victim was killed while he was on his way to a field located outside the village on 27th August. On the same day, two siblings, brother, and sister were shot on the spot while they ran away in fear after seeing the junta soldiers. The brother, Moe Swe Oo, was shot dead in the stomach, and his sister was shot in the arm and severely injured. Including this incident, numerous cases recorded that unarmed civilians, particularly villagers, were frequently shot, if not to death, while staying inside their shelter and having meals. Regardless of the undefended situation, forces of the inhumane military always, and most of the time joyfully, opened gunfire at the unarmed civilians who barely imposed threat towards them. By these acts and evidence gathered, the soldiers are committing a crime against humanity.


Four local villagers Eike Auu, 32-year-old, Aung Khaing, 10-year-old, Ei Moune, 63-year-old, and Ei Moe, 82-year-old, were killed from an artillery shell which was unprovokedly fired by the terrorist military and exploded at a house in Nant Har Village in Shan State’s Monekoe Township on August 29 morning. Kyaw Myo Zin, who was a village administrator in Thae Phyu Wa Ywarma Village of Mandalay Region’s Myingyan Township under the NLD government, was apprehended and his hands tied and placed on his back by the troops, who then shot Kyaw Myo Zin dead at the top of the village on August 30 at 9 pm.


Ei Thwe Moe, with 5-month pregnancy, was shot dead on the spot. Her husband Min Nay Lwin was shot in the ear by the military terrorist forces at 10 pm at Aung Thitsar Aung Myittar Ward in Katike Village Tract in Mon State’s Paung Township and is now seriously injured. On August 31 at around 3 am, Than Soe Aung, living in Myo Thit Gyi Ward in Myitkyina Township in Kachin State, was shot in the groin by the soldiers guarding Myawaddy Bank. The victim died after arriving at the hospital. On September 5, the military terrorist’s troops also raided 55 mile Village in Sagaing Region’s Pale Township. A local villager, Khin Zaw, was shot dead as he did not stop his motorbike.


On September 7, Win Aung and Shine Wunna Aung from Asha See Village in Sagaing Region’s Kalay Township were killed after they were arrested and forced to act as guides for the terrorist soldiers. On September 8, their bodies were found at Doe Nwel Village by locals who re-entered the village when they heard the troops left after setting up a camp there. Moe, an NLD party supporter from Phayarhla Village in Mandalay Region’s Taungthar Township, was arrested by the terrorist military on August 30.


Since the illegal coup on February 1st, the number of victims who were killed by the military had already reached over 1,000. The actual number of fatalities is likely much higher.


The military's widespread and systematic murdering of the civilian population in Myanmar shows no signs of stopping. It is evident that attacks against peaceful protesters and civilians across Myanmar have progressively intensified. Through these targeted and systematic campaigns of violence, the military has only one mission; to oppress the people of Myanmar's pursuit of freedom, democracy, and justice. However, the bullets of the terrorist junta cannot stop the overwhelming will of the people.


Continued arbitrary arrests and detentions


In parallel to the pro-democracy population's persistent resistance against the military, the inhumane military has never stopped their effort in arresting civilians. On August 30th afternoon, Ye Yint Aung, NLD executive member for Myaung Township in Sagaing Region, was arrested at his home in Kue Toe Kone Village by the terrorist troops. Aung Moe Kyaw, a youth, was arrested by at least 10 police officers on August 27 evening at Mogok Town in Mandalay Region and was sentenced on the same day to year imprisonment under Section 505 of the Penal Code. The mother of Nyi Nyi Aung Htet Naing, who was shot to death while protesting against the dictatorship, was subsequently taken hostage by the military at her home when they failed to search for his twin brother Ko Ko Aung Htet Naing.


On August 31, Khin San Hlaing, NLD’s Pyithu Hluttaw MP for Pale Township in Sagaing Region, was arrested in Yangon Region’s Bahan Township by the terrorist military. NLD supporter Shwe Win’s three sons, aged 17 years old, 13 years old, and 11 years old, were arrested and taken hostage on August 30 at Ingapu Town in Ayeyarwaddy Region when the terrorist attacks military could not find their father. Though the 13 years old son was released on August 31, the other two children remained in detention at Ingapu Police Station. Recently, a Magway Township NLD executive member Pyone Kyi, living in Magway Region, and Moe Kyi, NLD executive member of Nankat Kyun Village Tract, living in Kyun Su Village, were arrested by the terrorist military on September 3.


Aung Myo Thu, who had joined the Civil Disobedience Movement (CDM) as an Assistant Township Education Officer of Kawa Township in Bago Region, was arrested at home on September 8 at around 4 pm by the troops of the military driving in an ambulance car. Two brothers Yin Moe Lwin a.k.a Ba Din, 25-year-old, and Thet Paing Soe, 17-year-old, living in Thamanthar Village in Sagaing Region’s Wetlet Township, were shot dead after being detained and tortured by soldiers of the military on September 9 afternoon.


Violations of Fundamental Human Rights and Freedom of Speech


Myeik based Eleven Media reporter Zaw Moe was arrested at home by the military on the early morning of September 1. Likewise, Myo San Soe, another former reporter of Delta News Agency based in Ayeyarwady Region, was also arrested for questioning by the Pyapon Township police force at home on the evening of August 29. Four youths, namely Dezin Htan, Htaal Twee, Htaung Pein, and San Thein, living in Chan Pyan Village in Chin State’s Matupi Township, were arrested on August 20 August 22, respectively. It was found that the detainees were charged under Section 52(a) of the Counter-terrorism Law on August 24 simply because of using the NUG profile on their Facebook accounts.


These arbitrary detentions are, in fact, a clear violation of the right to liberty and security of person-outlined in Article (3) of the Universal Declaration of Human Rights. In the joint statement on behalf of the co-chairs of the United Nations Group of Friends for the Protection of Journalists on the situation in Myanmar issued on 1 April 2021 in New York, the co-chairs, together with like-minded countries, including Myanmar, “call for an immediate end to assaults on journalists and media workers in Myanmar, an accounting of those reported missing, and transparent investigations into all allegations of human rights violations and abuses, and access to justice and redress for victims.”


Torture to Death


Zaw Linn Htet and his younger cousin Yan Paing Phyo a.k.a Ah Nge, living in Pyay Township in Bago Region, were arrested and beaten by the terrorist junta forces on September 6 at around 3:30 pm, under the accusation of alleged association with the Basic Education Students Union. Zaw Linn Htet died a few hours after detention at the 100-bed military hospital in Pyay due to excessive bleeding from injuries resulting from constant torture. Thet Ko Ko Aung, a 19-year-old arrested by terrorist junta soldiers on the night of September 8 in Thanlyin Township, Yangon Region, was killed from torture in detention on the following day morning. He was detained at a ward administration office and beaten over the course of the lengthy night.


Myanmar military is violating fundamental and peremptory norms of international law on a daily basis. In carrying out these atrocities, the military’s conduct confirms that it does not intend to abide by international law obligations. Though the United Nations and international organizations called the Myanmar military to end violence and immediately release the political prisoners, the military always fails to listen and respect accordingly.


Ref : Assistance Association for Political Prisoners (AAPP)

: Myanmar Now