• Myanmar Mission To UN

Legal Perspective Information Sheet as of 22 May 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 record of their brutal acts for future reference and proceedings. Committed crimes are selectively stated in this information sheet due to space limitations.


Arbitrary Detention and attacking Protesters


On the morning of 13th May, in Nabule Region, Dawei Township in Tanintharyi Region, junta forces cracked down on protests, arresting four civilians who were not participating in the protests. This morning in Taunggyi Town, Shan State, the junta crackdown on protests and 4 youths were arrested. In Yangon, the junta brutallycracked down a protest in Yankin Township whereas the police chased the protesters with motorbikes and 7 youths were arrested despite their peaceful demonstration.


On 17th of May, in Tanintharyi Region, a protest in Dawei was violently cracked down by the junta forces using civilian vehicles and injured many protesters. In this crackdown, seven civilians were arrested and one was shot with a rubber bullet.


Demonstrations were cracked down by brutal tactics and inhumane manners. In fact, demonstration is the only way for people to voice their opinions. The right to assembly and freedom of expression are fundamental rightslaid down in the Article 19 of the Universal Declaration of Human Rightsas “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinionswithout interference and to seek, receive and impart information and ideas through any media andregardless of frontiers”. Moreover the ASEAN Human Rights Declaration provides that every person has theright to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice. In this regard, the military is clearly violating all the moral principles both regional and international.


Torture and Murders


On 15 May, in Kho Yaung Village, Tangyan Township, Shan State, the Hsipaw Township NLD parliamentary candidate Sai Kan Nyunt was beaten to death and his body was found with stab wounds. NLD members are continuously being persecuted on a daily basis. On 16th of May, junta forces opened fire in Tedim Town, Chin State and resulted 2 youths killed. In South Dagon Township, Yangon Region, the junta returned the rotting body of a man who was arrested on May 14. In order to get permission to cremate his body, medical papers had to be signed under the clause stating that the person die from pre-existing health conditions. His body was not only returned but baring many wounds on the body, severe bruises on the face, swollen mouth and broken teeth clearly demonstrated evidence of torture. The junta closely followed the funeral ensuring no photos were taken.Under junta control, children have also been severely oppressed. On the night of 18th May, in Bago City, Bago Region, two 14-year-old children and an 18-year-old young man were brutally beaten and arrested. According to AAPP’s documentation, a total of 73under-aged children have been detained and 53 have been killed. On 19 May, in Taungdwingyi Township, Magway Region, a former village administrator, and five other villagers were arrested, beaten and interrogated by junta forces. The village administrator was left dead, and the other five civilians sustained serious injuries. The Universal Declaration of the Human Rights provides that everyone has the right to life, liberty and security of person and prohibit torture or to cruel, inhuman or degrading treatment or punishment in Article (3) and (5) respectively. Moreover the detainees do not get the right to defend before the martial court and are sentenced to death and lifetime imprisonment without solid evidences and legal grounds.

War Crimes


Mindat


The clashes between the military and the Mindat People’s Defence Force have resumed in Mindat Town, Chin State, where the junta has been shelling the town with heavy artillery, attacking by helicopters, Fighter Jets and China made unmanned vehicles drones. In addition, the junta brought in nearly a thousand more troops and repeatedly fired heavy artillery shells. The junta troops entered the town and opened fire on civilians. Civilians were injured including children and have not been able to get medical treatment. More than 15 youths were taken as hostage and used as human shields when the junta came into the city. They were arresting all the men in MindatTownship. Not only the doors of houses were being broken into, but people were also beaten in the houses and arrested.Their actions had resulted in the death of a member of the Mindat People’s Defense Force, and injury to four other civilians on15 May. A 10 year-old girl who was hiding inside a house was also shot on 17May by the junta troops. Houses and shops have been heavily damaged by the junta troops’ heavy artillery and raids. Since 18 May, junta started cutting of water supply to Mindat and blockade all the entrances to Mindat in order to stop food and water supply from donors.


Talope


On 12th May, in Talote Town, Myingyan Township in Mandalay Region, a Technology College student, who was shot and detained whilst defending against the military, died at the interrogation center. Interrogation under this terrorist regime is known to be notorious.So it is assumed that the student died after being tortured, and from a lack of medical attention after his gunshot wound.


Resistance against the junta is accelerating by the People’s Defense Forces around the country. The junta had been using all illegal means to supress the resistances. Since not all the inhabitants are not directly taking part in the hostilities, the belligerent parties must refrain from attacking civilian objects and avoid using strategy that could harm the civilian population. The international law is prohibited to execute any acts which cut off supplies that would prevent heeding basic need of population who were not directly taking part in the hostilities.


There is a practice which recognizes that a civilian population in need is entitled to receive humanitarian relief essential to its survival, in accordance with international humanitarian law. The Fourth Geneva Convention recognizes the right of protected persons and the Additional Protocols implicitly recognizes the entitlement of a civilian population in need to receive humanitarian relief as they require that relief actions “shall be undertaken” whenever a population is in need.


Ref: Assistance Association for Political Prisoners (AAPP)