Human Rights in Myanmar - Extrajudicial, Summary or Arbitrary Executions

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Myanmar: Multiple Deaths Caused by Rapes and Other Attacks by Security Forces

Violation alleged: Death due to attacks or killings by security forces; Disappearances; Death threats fear of imminent extrajudicial executions

Subject(s) of appeal: 9 females (2 minors); 3 males

Character of reply: Allegations rejected but without adequate substantiation

Observations of the Special Rapporteur

The Special Rapporteur accepts that many of the victims and villages no longer exist. However, the SR deeply regrets that the Government of Myanmar finds this to be a reason to deny that the alleged incidents occurred, given that the allegations are precisely that the deaths of the victims and the destruction of their villages were perpetrated by Government forces. The SR hopes that the Government will conduct good faith investigations into future allegations.

Allegation letter sent on 21 September 2004 with the Special Rapporteur on Violence against Women, its causes and its consequences and the Special Rapporteur on Torture, reproduced from E/CN.4/2005/7 Add. 1 at par. 471-477:

471. Allegation sent with the Special Rapporteur on Violence against Women and the Special Rapporteur on torture, 21 September 2004. On 17 September 2003, Zaai Yi, aged 40 and originally from Nawng Hai village, Kho Lam village tract, but forcibly relocated to Kho Lam village relocation site in 1997, was taken away from his farm by a group of men believed to be State Peace and Develoment Council (SPDC) soldiers. Half an hour later, a patrol of approximately 50 SPDC troops from Infantry Battalion (IB) 246 came to the farm and interrogated his wife, Naang Kham, aged 30, about the whereabouts of her husband. When she told them that he had been abducted by unknown soldiers, she was accused of being the wife of a Shan soldier. She was reportedly beaten, kicked and gang-raped. She lost consciousness several times. After the troops left the farm, some villagers assisted her. As her condition worsened after this assault, she eventually fled to Thailand to receive medical treatment. She reportedly died on 29 March 2004 in Chiangrai provincial hospital, in Thailand. As far as the Special Rapporteurs have been informed, the whereabouts of her husband are still unknown.

472. Naang Seng and Naang Long, two 17-yearold girls from Saai Murng quarter in Ta-Khi-Laek town, were stopped by a group of three SPDC troops near Ta-Khi-Laek town on 22 August 2003. They were severely kicked and beaten by the troops. The two girls were later found unconscious by some villagers and taken to a hospital. Naang Seng died that same night. A complaint was lodged with the SPDC authorities at Ta-Khi- Laek township officer. As far as the Special Rapporteurs have been informed, no action has been taken to investigate the case.

473. Saang Zi-Na, a 45-year-old villager from Pang Sa, was shot dead by a patrol of SPDC troops from the 55th Division near Paang Sa village, Loi La village tract, Nam-Zarng township, on 23 August 2003, when he was fetching water on the bank of Nam Taeng river. On 26 August 2003, a column of the same SPDC troops arrested Naang Non, his pregnant wife, in Paang Sa village and took her to Ta Zao Murng, a Nam Taeng river harbour. Another woman, Naang Zaam, found on their way, was taken with them. Once there, the two women were interrogated about boats in the area and severely beaten with bamboo sticks. They were also threatened with death. They were later released. As a result of the beatings, Naang Non suffered from internal injuries and had a miscarriage.

474. Ms. Naang Khin, aged 22, and her sister, Ms. Naang Lam, aged 19, were reportedly raped by a patrol of SPDC troops from Lai-Kha-based Light Infantry Battalion (LIB) 515 on 16 October 2003, when they were reaping rice at their farm in Wan Zing village tract. Their father was tied up to a tree. Afterwards, the two sisters were taken to a forest by the troops. Their dead bodies were found by villagers some days later dumped in a hole.

475. Ms. Naang Sa, aged 20, and her husband, Mr. Zaai Leng, aged 23, both originally from Zizawya Khe village in Wan Thi village tract, but relocated to Lai-Kha township in 1997, were approached in their farm by about 40 SPDC troops from Co.3 of IB64 on 26 November 2003. Zaai Leng was reportedly tied up outside the farm and Naang Sa gang-raped by the troops. She was later taken with them. Zaai Leng and other villagers went to the base of IB64 to inquire about her but were not allowed to enter the base. Three days later, Naang Sa’s dead body was found near the farm.

476. Ms. Pa Ong, a 40-year-old woman with mental disability, originally from Khur Nim village but who had been forcibly relocated to Maak Laang village was forcibly seized by SPDC troops from LIB515 in late 2003 and was gangraped by the soldiers. She reportedly died four days later.

477. Ms. Naan Zum, a 18-year-old woman living in the suburban area of Murng-Su town was forcibly taken away from her residence to a nearby forest on 25 April 2004 by about 15 State Peace and Development Council (SPDC) soldiers. She was allegedly gang-raped and stabbed to death by the soldiers.

Response of the Government of Myanmar dated 30 March 2005

The Government o Myanmar indicated that after thorough investigations carried out by the authorities, it was found that the allegations were false. The regiments under reference were not event carrying out military operations in the area at the time of the allegations. In some allegations, the places mentioned are non existent while in some, there were no such persons who lived at the place mentioned. For these reasons, these allegations were unsubstantiated and were merely based on false information. Since there were no incident that occurred as alleged, the authorities could not file any case.

Concerning the death of Ms. Naang Kham and her husband Zaai Yi (parag 471): inquiry shows that no such person resided at Nawng Hai village. The Light Infantry Battalion (246) had not carried out any movement. The inquiry showed that the alleged incident did not occur.

Concerning the death of Ms. Naang Seng and Ms Naang Long (parag 472): There is no such village named Saai Murng in Lai Cha township. There is a village with the name Si-Moon or Si-Li-moon which the pronunciation is close to the name of the alleged village. No such person name Naang Seng or Naang Long lived in the village. There is no such report of shooting occurred over there. The Light Infantry Battalion 515 did not take any movement at Wan-San area. The inquiry showed that the alleged incident did not happen.

Concerning the death of Mr Sanng Zi-Na, wife Ms. Naang Non and Ms Naang Zaam (parag 473): The inquiry showed that starting from year 2000, Pang Sa village was rebuilt and there were 20 residents living there. However, those persons were not among the people who stayed there and no such report of shootings occurred over there. The inquiry found out that the alleged incidents did not happen.

Concerning the death of Ms. Naang Khin and Ms. Naang Lam (parag 474): The inquiry showed that Lai-Khai is in Lai-Cha township and there is only Wan-San village tract in that township. The name of Wan Zing village tract does not exist in that township. Naang Khin and Naang Lam do not live there. No such reports occurred. The Light Infantry Battalion 515 did not take any movement in that area. The inquiry show that the alleged incident did not happen.

Concerning the death of Ms. Naang Sa and husband Mr. Zaair Leng (parag 475): The inquiry showed that the infantry Battalion No 64 and Light Infantry Battalion 515 were not assigned in the alleged area of incidents. Moreover, the alleged Ms Naang Sa and Mr. Zaai Leng did not event live there and no such reports were realized there. The alleged incident did not happen.

Concerning the death of Ms Pa Ong (parag 476): The inquiry showed that there is no such Khur Nim village exists in Lai-Chai Township. There is only Maak Laang village, which exists, and the lady under the name of Ms Pa Ong does not stay there. The Light Infantry Battalion No 64 and Infantry Battalion no 515 did not take any movement during the alleged period in those areas. The alleged incident did not happen.

Concerning the death of Ms. Naan Zum (parag 477): The inquiry showed that there is no such village called Murn Su town in the whole area of Shan state. Since, the inquiry team found that Man Su Pagoda does exist at Lasho town, Shan state. The team went there and investigated the alleged incidents but found out that no such reports occurred. Moreover, the team even went to the town called Mang-Si, phonetically close with the name of the alleged town Murng-Su. No reports were filed as alleged.

Myanmar: Death in Custody of Ko Aung Hlaing Win

Violation alleged: Death in custody

Subject(s) of appeal: 1 male (person exercising his right to freedom of opinion and expression)

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of Myanmar has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.

Allegation letter sent on 2 June 2005 with the Special Rapporteur on the question of torture and Special Rapporteur on the situation of human rights in Myanmar

Allegation letter sent concerning Ko Aung Hlaing Win, youth member of the National League for Democracy, from Hlaing township, Yangon. According to the allegations received:

On 1 May 2005, he was arrested without warrant by an unknown group of men who were assumed to be soldiers.The authorities did not inform his family of the reasons for his arrest and of his whereabouts.

On 10 May 2005, Lt. Col Min Naing, the commander of an interrogation centre, informed his family that Ko Aung Hlaing Win had died of a heart attack on 7 May 2005. Lt. Col Min Naing allegedly tried to give Mr. Win's family 100,000 kyats to use for the prayer ceremony. His family refused to take the money.

As soon as they learnt of his death, his family published an announcement where they stated that Ko Aung Hlaing Win had "passed away unexpectedly" or "for unknown reasons". However, the authorities forced them to change the announcement into "Ko Aung Hlaing Win passed away because of a general disease".

Concern has been expressed that Mr. Ko Aung Hlaing Win has died as a result of the torture he was subjected to during the investigation and that the authorities then disposed of his body without notification to his family.

Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Type, date and summary of communication: Urgent appeal sent with Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on the situation of human rights in Myanmar, 4 December 2003. According to the information received, nine persons, namely Zaw Thet Htway, editor of the Sport Magazine First Eleven and member of the democratic Party for a New Society (DPNS), Aye Myint, Zaw Zaw, Zar Naing htun, Ne Win, Shwe Mann, Than Htun, Myo Htway and Nai Min Kyi, were convincted and sentenced to death on 28 November 2003 by a Yangoon Martial Court under article 122/1 of the law for high treason for supposedly trying to murder the leaders of the SDPC. All nine were reportedly arrested on 17 July 2003 by members of the Military Intelligence. It is reported that a member of the military government, Col. San Pwint, announced on 26 July that the security services had thwarted a planned series of bombings. The nine were also accused of having contacts with political organizations in exile. However, reports indicate that their arrest might have been prompted by a report in the magazine First Eleven that raised questions about the use of an international donation of four million dollars to promote football in Myanmar and another report about fines imposed on the organizers of an Asian football tournament (the Asian Champion club).

Government reply: Response dated 4 March 2004. According to the Government of Myanmar, Ne Win (alias Naing Yekha), Shwe Wann (alias Zeya Oo), Zar Naing Tun (alias Phyu Lay), Zaw Myo Htet (alias Zaw Zaw), Myo Htwe (alias Chin Ga Kaung), Min Kyi (alias Naing Min Kyi), Zaw Thet Htwe (alias Thet Zaw), Aung Lun and Aye Myint (alias Aye Myint Maung) were arrested and charged under section 122 of the Penal Code for High Treason for their antigovernment activities. They all are underground members of the subversive terrorist group Mon Pyi Thit Party who plotted to plant bombs and organized mass rebellion against the state. Documents, explosive devices and bomb material were found when they were arrested. They were reprensented during the trial by High Court Lawyer U San Myint Tin hired by the Court. Aye Myint requested to appeal by himself as he is a lawyer. The death sentenced was passed by the Judge on 28 November 2003 after hearings from the complainant, the defendants, witnesses, defense counsels and prosecutors. In this connection, the legal process was done in accordance with Myanmar Laws and the persons were charged on the basis of sufficient and conclusive evidence. Authorities concerned provided all possible safeguards to ensure a fair trial.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government of Myanmar of its reply.

Type, date and summary of communication: Allegation sent with Special Rapporteur on the situation of human rights in Myanmar , 19 March 2004. Lung Zi-Na, aged 46, who was staying and working at a remote farm in the area of Kaeng Kham Awn village, Nam-Zarng township in February 2002 was shot dead at a well reportedly by SPDC troops from Military Operation Management No.21 as he was going to fetch water. Reports indicate that, about one month later, his wife was beaten and tortured until she lost consciousness and their farm was looted by the same SPDC troops.

Ten villagers were executed in May 2002 reportedly by the Burmese military who were allegedly accusing them of supporting the Karen resistance group. The killings took place a day after Burmese troops suffered heavy losses against Karen soldiers. The Burmese military accused the head of the village as well as the village reverend of supporting the Karen assistance. They then reportedly arrested eight other villagers and executed them all.

On 8 August 2002, a patrol of about 50 SPDC troops, stationed at Paang Phone village relocation site in Lai-Kha Township, reportedly went to Paang Nawng village to ask for some men to be their guide. Since all men were gone to work at their fields and farms there were only women and children left in the village. The SPDC ordered all the women to gather at the village monastery where they were detained and interrogated about whether they had seen Shan soldiers coming their way recently. According to the information received, as four of the women repeatedly said that they had not seen any Shan soldiers the commander called them out and beat them, accusing them of lying. Pa Naw, aged 56, begged for mercy which made the commander become angrier. He beat her severely all over several times until she was rolling on the ground. The women were released after a few hours. According to the information received, Pa Naw never recovered from the beating and died 10 days later.

Lung In-Da-Ka, a 45-year-old displaced farmer, was allegedly shot dead on 19 August 2002 by a patrol of local SPDC troops at a farm near Phak Phet village relocated in Murng Khun village tract, Murng-Kerng township.

Zaai Za-Lin-Da, aged 31, reportedly rode his bicycle on 24 April 2003 from Lai-Kha town relocation site to see his herd of cattle which he had let graze in the area of his former village, Kung Sa. He had not returned since then and his relatives could not find him anywhere. However, some people in the relocation site reportedly heard a patrol of SPDC troops from IB64, who returned on the day he disappeared, talk about having seized a bicycle from a rebel and having cut the sinews in the back of his knees and tied him to a tree in the forest. Zaai Za-Lin-Da’s body was found by his relatives about 15 days later tied up to a tree in the forest east of Kung Sa village, partly burned by wild fire but still recognizable by his also partly burnt clothes.

A 63-year-old displaced woman was killed and smoked on a bamboo shelf on 27 April 2003 by a patrol of SPDC troops from IB64 at a remote farm near Lin Muk village relocated in Wan Saang village tract, Lai-Kha township. On the day of the incident, she was reportedly at the farm with her eight-year-old grandson when a patrol of SPDC troops came towards them. While the grandson managed to run away and escaped, the grandmotherwas caught by the SPDC troops. Her family found her body the next day at the farm, lying on a bamboo shelf with a dead fire under it, partly burnt and blackened with smoke.

Lung Loo, aged 40, was coming back from catching his ox in the relocation area in Naa Mang village track in Lai-Kha Township in April 2003 when he ran into a patrol of about 30 SPDC troops from Co.3 of LIB515, led by commander Than Oo. They reportedly took him and his ox with them until they reached a relocated village, Kun Sai, where they stopped for the night. While they killed the ox and smoked the meat, they dug a well-like hole in the ground and put Lung Loo into the hole standing and slowly buried him alive in that position.

Lung Nya, a forty-four-year-old man originally from Wan Lao village in Kun-Hing township, which had been relocated to Kun Mong village in Murng-Nai township in 1996-97 by the then SLORC (State Law and Order Restoration Council) troops, was reportedly working at a farm north of Kun Mong village when a patrol of SPDC troops came on 13 May 2003 and forced him to serve as a guide. He was executed by the soldiers after sixteen days because he was suspected of being a supporter of the Shan resistance.

Kya Wo (28) and his wife A Hee (22), a Lahu couple from Tong Wa Nur village in Paang Kiu village tract, Kaeng-Tung township, were shot dead on 16 May 2003 allegedly by a patrol of SPDC troops from IB 245 near Paang Kiu while they were returning home after receiving their day wages. They were reportedly walking with two of their fellow villagers when they met a truck with about twelve SPDC troops on board who allegedly opened fired at them, killing the couple while the other two managed to escape to their village. According to the information received, the head of the village and the relatives of the deceased filed a complaint with the SPDC authorities in the area who promised to look into the matter as soon as possible. However, at the time of writing this communication no action was known to have been taken.

Lung Ma-La, aged 47, Zaai Wan-Na, aged 30, Zaai Gan-Ta-Ma, aged 31, Zaai Loo, aged 27, Zaai Laek, aged 25 and Zaai Yawn, aged 33, were all farmers who were building fences on a remote farm in May 2003 near Paang Sa village when a patrol of SPDC troops from LIB515 allegedly shot at them. Zaai Yawn was reportedly wounded in his stomach while escaping but reportedly died only 3 hours after he got back to his house. The others were reportedly killed on the spot. According to the information received, Yawn relatives and community leaders discussed the matter and decided not to file a complaint with the SPDC military authorities fearing that they could be accused of defamation and punished.

Lung Man (47) and Zaai Nyo (33), two villagers who reportedly went foraging for fish on 1 June 2003 were shot dead allegedly by a patrol of about 30 State Peace and Development Council (SPDC) troops from IB246 (Infantry Battalion No. 246), led by Commander Htun Myint in Kun Pu village tract, Kun-Hing Township. Their bodies were (pushed into/found in???) into the Nam Paang River.

Zaai Saw-Li, aged 26, Zaai Zan-Ti-Ma, aged 24, Naang Thawn, aged 21 and Naang Taeng Yaen, aged 23 were all originally from Wan Phaai village which had been forcibly relocated in 1996-97 by the then SLORC (State Law and Order Restoration Council) troops. On 10 June 2003, they had temporarily come back to cultivate their rice field at their old village and were staying overnight in the same hut when they were shot dead allegedly by a patrol of SPDC troops from IB246 who opened fire on their hut without warning. The next day, that same SPDC patrol reportedly shot at Zaai Mu, aged 32, Naang Nguay, aged 19, Zaai Kyaw, aged 37, Naang Kya, aged 30 and Pa Zing, aged 50 who were all farmers originally from Paan Khaa village who had been forcibly relocated in 1996-97 by the SLORC troops and who also had temporarily come to cultivate their original rice fields at their old village. According to the information received, the SPDC troops suspected these displaced farmers of being members or supporters of the Shan resistance and shot them dead without asking any questions.

Aa Zi, aged 36, was shot dead on 12 June 2003 allegedly by a patrol of 7 SPDC troops from LIB334 while he was gathering firewood in a forest near Nam Zee village in Pa Hok village tract, Murng-Yawng township. His fellow villager reportedly escaped and ran back to Paang Khawn village and told the villagers about the incident. According to the information received, although after the funeral Aa Sae’s relatives and their village leaders filed a complaint with the SPDC authorities in Murng-Yawng town, no action had been taken until mid-July when news about the case was last heard.

Zaai Zaen Seng, a 26-year-old villager of Wan Tap village in Murng Nung village tract, Murng-Khark township, had gone to gather firewood in the hills west of his village on 25 June 2003. On his way back, he ran into a group of 6 SPDC troops who allegedly shot at him on sight. After conducting a proper funeral for him, his relatives and their village leaders reportedly lodged a complaint with the Murng-Khark township SPDC authorities but no action was taken.

Ja Shur, aged 21 and Ja Lay, aged 23, from Pa Yaao village in Nam Naang village tract, Murng-Phyak township, were returning from the town market on 5 July 2003 when they saw a patrol of SPDC troops near Murng Hai village. They were so frightened that they both ran away. The SPDC troops allegedly fired several shots at them, killing Ja Lay on the spot and wounding Ja Shur in his left shoulder. The latter reportedly escaped and was found by villagers of Murng Hai who treated him before sending him back to his village. He later filed a complaint with the SPDC authorities in Murng-Phyak town who said that they would look into the matter.

Zaai Za-Lin-Ta, aged 35, was temporarily staying with his family and working at a rice farm near a relocated village, Ho Nam, in Paang Saang village tract, Lai-Kha township. On 19 July 2003, a patrol of 12-15 SPDC troops from IB64 came and surrounded the hut. The SPDC troops allegedly shot him dead in the hut and raped his wife, Naang Punt. As they were leaving they set the hut on fire and burned it to ashes with the body of Zaai Za-Lin-Ta in it, leaving nothing for his wife and their three children.

Zaai Tawng, aged 45, and Zaai Pan-Ta, aged 40, from Saai Phe village were reportedly being force on 19 July 2003 by SPDC troops of LIB518 to stand guard at the Murng-Nai-Larng-Khur main road. At about 13h30 a patrol of SPDC troops from the same battalion surrounded them and allegedly shot at them, killing them on the spot. According to the information received, the SPDC troops had accused the two men of secretly working as informers for the Shan resistance.

Zaai Zan-Ta, a villager from Paang Hok was going out of the village to cut bamboo in the forest on 19 August 2003 when he ran into a patrol of about 10 SPDC troops from IB246 just outside the village. They allegedly shot him dead and then told the villagers that they had killed a Shan rebel outside their village.

Pa Pong, aged 50, Naang Mint (not her real name), aged 18 and Naang Zing (not her real name), aged 17, were arrested by SPDC troops who accused them of being wives of Shan soldiers and took them along with them. When they stopped for the night in the forest, somewhere in Murng-Kerng Township, the troops allegedly killed Pa Pong, dumped her body down a pit and buried her. They reportedly raped the two other women all night as well as the following night.

According to the information received, a villager from Kya-inn-seikyi Township was arrested by soldiers from Light Infantry Battalion No.548 (LIBNo.548) who accused him of being a KNLA (Karen National Liberation Army) soldier. He was reportedly interrogated, tortured and finally killed.

Type, date and summary of communication: Allegation sent with Special Rapporteur on the promotion and protection fo the right to freedom of opinion and expression and the Special Rapporteur on torture, 21 July 2004. Aye Myint, Min Kyi and Shwe Mann, whose cases were included in a joint urgent appeal sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the situation of human rights in Myanmar and the Special Rapporteur on the right to freedom of opinion and expression on 4 December 2003 (E/CN.4/2004/62/Add.1, para. 546) were reportedly arrested in July 2003 by members of the Military Intelligence (MI). They were convicted and sentenced along with seven other individuals to death by a Yangoon court martial under article 122/1 of the law on high treason for supposedly trying to murder leaders of the State Peace and Development Council (SPDC). According to new information received, during a visit by representatives of the International Labour Organization (ILO) at Insein Prison on 19 March 2004, the two detainees had told them that after their arrest they had been interrogated for several days, deprived of food, water and sleep and beaten. After his visit, the ILO informal facilitator considered that the case “was not investigated or prosecuted in a systematic or credible way. It appeared that police or intelligence officers initially used methods of entrapment and that the subsequent procedures of investigation and prosecution were unsound, without any of the fundamental guarantees necessary to produce a credible outcome.”(ILO document GB/289/8/2, March 2004). Shwe Mann was visited by ILO representatives on 25 March 2004. He is also alleged to have been beaten at the time of his arrest and during interrogation at an MI detention centre. Concern has further been expressed that Aye Myint, Min Kyi and Shwe Mann may have been accused of high treason, allegedly because of reported contacts with ILO.

Type, date and summary of communication: Allegation sent with the Special Rapporteur on Torture, 22 July 2004. Mr. Lung Pho Ma, age 47, and Mr. Zaai Nyo, age 30, both men originally from Paang Kawk village in Saai Khaao village tract, Kun-Hing township, but forcibly relocated to the outskirts of Kun-Hing town in 1997 were cutting bamboo in a forest in Kun-Hing Township on 13 October 2003 when they were approached by a patrol of the State Peace and Development Council (SPDC). While running away Zaai Nyo was shot at but managed to escape. Lung Pho Ma was captured and suffocated to death. His body was later found tied to a tree with his head covered with a plastic bag. When some villagers and community leaders reported the incident to the SPDC troops, they were told by the deputy commander that SPDC troops had not gone anywhere at the time of the incident since they were all attending a meeting.

Mr. Pu Laao, a resident of Pa Wo village in Hawng Lerk village track, Ta-Khi-Laek township was arrested by a patrol of SPDC troops from Light Infantry Battalion (LIB) 359 on 21 November 2003 at his home. He was accused of possessing weapons but as the troops could not find them in his house he was reportedly tied up, beaten and interrogated. He died while being beaten at his house. It is alleged that the troops subsequently arrested his father-in-law and threatened his wife that the latter would be killed as well if she did not state that Pu Laao had died of a heart attack.

On 20 March 2004, Mr. Zaai Thun Ae, a civilian driver was stopped at a checkpoint in Murng-Kerng Township by a Commander from LIB 514 when he was returning from providing forced labour for SPDC troops. When the Commander told him that his car was conscripted for forced labour, Zaai Theun Ae explained that he had already served the SPDC during the three previous days. As a response, the commander reportedly struck him on the back of his neck with a riffle butt. Zaai Thun Ae died as a result of the blow. It is alleged that the SPDC troops later said that he had killed himself by slipping and hitting his head on the side of the car.

Type, date and summary of communication: Allegation sent with the Special Rapporteur on torture, 17 September 2004. Mr. Lung Wa-Ling Laai, a 59-year-old villager of Wan Mai Tin Tap village, Ho Phaai Long village tract, Murng-Pan township, was taken from his house to a military base by five State Peace and Development Council (SPDC) members from Light Infantry Battalion (LIB) 332 on 6 February 2004. He was accused of helping Shan soldiers and providing them with food and information. During interrogation at the military base he was handcuffed, severely beaten and subjected to other forms of torture and ill-treatment. He was taken back to his house some hours later in very poor condition. Lung Wa-Ling Laai died on the same day, allegedly as a result of torture.

Mr. Zaai Wi, a 27-year-old man originally from Pa Moi village in Naa Mang village tract, Lai-Kha township, was forcibly relocated to Lai-Kha town relocation site in 1997 by the then State Law and Order Restoration Council (SLORC) troops. He was reportedly stopped along with his wife by SPDC troops from LIB515 on 24 March 2004 when they were on their way back from gathering bamboo in a forest outside the relocation site. While his wife was ordered to go home, Zaai Wi was conscripted to serve as a guide. When his wife complained about this incident, military authorities denied any knowledge about the whereabouts of her husband. Zaai Wi’s dead body was found by some villagers three days after his disappearance. They observed marks of torture on the corpse. It is believed that Zaai Wi was beaten to death.

Mr. Lung Haeng Phaw-Ka, aged 42, Mr. Lung Zan-Da Yawng, and Mr. Na-Lin, aged 33, all from Loi La village tract, Kun-Hing township, were arrested on 28 January 2004 in Loi La village tract by a SPDC patrol that came to the village and robbed the villagers from their property. Lung Haeng Phaw-Ka was reportedly beaten to death on the following day. The other two men were also severely beaten and subjected to torture and ill-treatment during interrogation. They were later taken away to an unknown location. Other villagers, including old people, women and children, were also randomly beaten by the soldiers.

Type, date and summary of communication: Allegation sent with the Special Rapporteur on Violence against Women and the Special Rapporteur on torture, 21 September 2004. On 17 September 2003, Zaai Yi, aged 40 and originally from Nawng Hai village, Kho Lam village tract, but forcibly relocated to Kho Lam village relocation site in 1997, was taken away from his farm by a group of men believed to be State Peace and Develoment Council (SPDC) soldiers. Half an hour later, a patrol of approximately 50 SPDC troops from Infantry Battalion (IB) 246 came to the farm and interrogated his wife, Naang Kham, aged 30, about the whereabouts of her husband. When she told them that he had been abducted by unknown soldiers, she was accused of being the wife of a Shan soldier. She was reportedly beaten, kicked and gang-raped. She lost consciousness several times. After the troops left the farm, some villagers assisted her. As her condition worsened after this assault, she eventually fled to Thailand to receive medical treatment. She reportedly died on 29 March 2004 in Chiangrai provincial hospital, in Thailand. As far as the Special Rapporteurs have been informed, the whereabouts of her husband are still unknown.

Naang Seng and Naang Long, two 17-year-old girls from Saai Murng quarter in Ta-Khi-Laek town, were stopped by a group of three SPDC troops near Ta-Khi-Laek town on 22 August 2003. They were severely kicked and beaten by the troops. The two girls were later found unconscious by some villagers and taken to a hospital. Naang Seng died that same night. A complaint was lodged with the SPDC authorities at Ta-Khi-Laek township officer. As far as the Special Rapporteurs have been informed, no action has been taken to investigate the case.

Saang Zi-Na, a 45-year-old villager from Pang Sa, was shot dead by a patrol of SPDC troops from the 55th Division near Paang Sa village, Loi La village tract, Nam-Zarng township, on 23 August 2003, when he was fetching water on the bank of Nam Taeng river. On 26 August 2003, a column of the same SPDC troops arrested Naang Non, his pregnant wife, in Paang Sa village and took her to Ta Zao Murng, a Nam Taeng river harbour. Another woman, Naang Zaam, found on their way, was taken with them. Once there, the two women were interrogated about boats in the area and severely beaten with bamboo sticks. They were also threatened with death. They were later released. As a result of the beatings, Naang Non suffered from internal injuries and had a miscarriage.

Ms. Naang Khin, aged 22, and her sister, Ms. Naang Lam, aged 19, were reportedly raped by a patrol of SPDC troops from Lai-Kha-based Light Infantry Battalion (LIB) 515 on 16 October 2003, when they were reaping rice at their farm in Wan Zing village tract. Their father was tied up to a tree. Afterwards, the two sisters were taken to a forest by the troops. Their dead bodies were found by villagers some days later dumped in a hole.

Ms. Naang Sa, aged 20, and her husband, Mr. Zaai Leng, aged 23, both originally from Zizawya Khe village in Wan Thi village tract, but relocated to Lai-Kha township in 1997, were approached in their farm by about 40 SPDC troops from Co.3 of IB64 on 26 November 2003. Zaai Leng was reportedly tied up outside the farm and Naang Sa gang-raped by the troops. She was later taken with them. Zaai Leng and other villagers went to the base of IB64 to inquire about her but were not allowed to enter the base. Three days later, Naang Sa’s dead body was found near the farm.

Ms. Pa Ong, a 40-year-old woman with mental disability, originally from Khur Nim village but who had been forcibly relocated to Maak Laang village was forcibly seized by SPDC troops from LIB515 in late 2003 and was gang-raped by the soldiers. She reportedly died four days later.

Ms. Naan Zum, a 18-year-old woman living in the suburban area of Murng-Su town was forcibly taken away from her residence to a nearby forest on 25 April 2004 by about 15 State Peace and Development Council (SPDC) soldiers. She was allegedly gang-raped and stabbed to death by the soldiers.

Correspondence from 2004

The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.

On 29 July 2003, the Special Rapporteur sent a communication to the Government of Myanmar in connection with the following cases.

In April 2002, three villagers, Suay Pee, aged 46, Zaai Lam, aged 42 and Kum-Ma, aged 41, were reportedly arrested at their house in Wan Phui village, by a patrol of about 30 State Peace and Development Council (SPDC) troops stationed at Kho Lam village, who took them away. Their relatives reportedly found their bodies three days later at the bottom of a ravine in the deserted village of Ho Nam Pa Kaang. Their throats had been cut.

On 30 May 2003, Daw Aung San Suu Kyi and members of the National League for Democracy (NLD) were reportedly attacked by a group of 500 soldiers, police and prisoners from Mandalay Prison, who allegedly beat them and shot at them with catapults. Soldiers reportedly opened fire on the group, killing some 75 NLD members. It was also reported that 200 people were injured, including Daw Aung San Suu Kyi herself, during the attack. The authorities have allegedly not clarified the whereabouts of more than 100 people missing after the attack; neither did they initiate a full and independent investigation into the incident. The Government also allegedly shut down most of the NLD offices all over the country in an attempt to prevent details of the incident from leaking out. At the time of writing the communication, seven members of the NLD Central Executive Committee who were placed under house arrest after the incident reportedly remained in detention and Aung San Suu Kyi was reportedly still in “protective custody”.

On 3 June 2002, Zaai Aw-Zae-Ya, aged 26, from Kung Nyawng village, Murng-Nai township, was forcibly conscripted to serve as a guide by a patrol of about 60 SPDC troops from Infantry Battalion (IB) 246. Zaai Aw-Zae-Ya was reportedly shot twice in the head by a soldier who thought he must be working for the Shan resistance because he knew the routes in the area so well. His body was reportedly found near Saai Khaao village.

On 8 June 2002, a patrol of about 30 SPDC troops from Company No. 4 of Light Infantry Battalion (LIB) 514, led by commander Kyaw Hlaing, reportedly arrested 13 farmers - men and women - interrogated them and eventually shot 12 of them dead in Murng-Kerng township. The troops reportedly arrested the 13 farmers, tied them up and interrogated them about Shan soldiers in the area. Commander Kyaw Hlaing then allegedly singled out Lung Maan Seng, aged 60, told him to return home to warn the villagers not to support the Shan soldiers. The SPDC troops then reportedly shot dead the other 12 people.

On 14 June 2002, Saang Weet, aged 28, Zaai Thun Suay, aged 19, Pi Phaw-Ka, aged 49, and Pi Zaai, aged 44, all from Wan Lao village, Kun-Hing township, were returning home after work when they allegedly ran into a group of 16 SPDC troops from IB 246, led by commander San Win. The troops allegedly shot dead the four men and took away their buffaloes. The bodies were reportedly found by relatives who were too frightened to report the crime to the police.

On 16 June 2002, a farmer named Lung Kam was allegedly shot dead by SPDC troops at a location south of Murng-Nai. His cattle were allegedly found at the IB 248military base.

On 20 June 2002, three farmers, Lung Joi, Zaai Phae and Zaai Lu, were working in their rice field when they were allegedly shot dead by a an SPDC patrol from LIB 502 led by Commander Htun Myint.

On 21 June 2002, two villagers, La-Pa, aged 19, and Ja-Her, aged 21, from Ja-Nu village, Murng-Phyak township, were returning from their rice fields when they allegedly ran into a patrol of about 30 SPDC troops from Murng-Phyak-based LIB 329. The two men , but they were both reportedly gunned down by the troops and died instantly.

Zaai Zan-Da, from Paang Le Ke village, was allegedly forcibly conscripted to serve as a guide by a patrol of SDPC troops from IB249, led by Lt. Kyaw Lin. On 2 September 2002, he reportedly complained of a stomach ache and tried to relieve himself. According to the information received, the troops fired two shots at him from behind, killing him instantly.

On 3 October 2002, six villagers, Zaai Wan, Zaai Mu Ling, Zaai Nya Na, Naang Nae, Naang Non and Naang Sing, who were working in a sugar cane plantation near Son Oi village were reportedly arrested by a patrol of some 50 SPDC troops from Co. 4 of IB 248, led by Captaine Myint Oo. They were reportedly detained for one night and subsequently beaten to death. Their bodies were allegedly found the following day. The bodies of the women were naked and bore clear signs of rape.

On 27 October 2002, two farmers, Lung Wan and Zaai Khat Ti-Ya, who were approaching a main road near Murng-Kerng allegedly ran into a patrol of some 15 SPDC troops from Co. 3 of LIB 514, led by Commander Aung Nyunt. It is reported that Commader Aung Nyunt shot at the farmers without warning. Lung Wan was allegedly killed instantly while Zaai Khat Ti-Ya was reportedly shot a second time by another soldier.

On 27 October 2002, a villager named Lung Man was robbed of a fish he had caught and beaten to death by SDPC troops from LIB 518, led by Sgt. Aung Soe, in Saai Phe village, Murng-Nai township.

On 1 November 2002, Lung Paan, from Nam Tawng village, was reportedly resting near his village on his way back from gathering grass in a meadow when a patrol of six SPDC troops from LIB 515, led by Cpl. Then Lwin, allegedly shot him dead. No one among the local villagers seemed to know why Lung Paan should have been shot by SPDC troops.

On 26 November 2002, two displaced villagers who were forcibly conscripted to work as labourers were allegedly beaten to death by SPDC troops from LIB 518 at a railway forced labour site in Murng-Nai township. In October 2002, SPDC military authorities of LIB 518 reportedly issued an order requiring villagers in Murng-Nai township to provide forced labour in building a section of railroad. On day in question, Lung Zaw-Ti-Ka, aged 47, was allegedly conscripted to work at the site. While Lung Zaw-Ti-Ka was resting, a soldier, Cpl. Myint Hpe from Co. 2, reportedly accused him of refusing to work and dragged him away. The soldier allegedly kicked Lung Zaw-Ti-Ka in the stomach. He then allegedly picked up a stick and beat him on the back of his neck, killing him instantly. It is reported that one of the villagers who was working nearby, Pa Nyo, aged 43, was so frightened by the gruesome sight that she fainted. The soldier reportedly beat her with the stick, accusing her of also trying to avoid work, killing her instantly.

On 30 November 2002, two farmers, Lung Kan-Tha and Zaai Ku, were allegedly arrested by SPDC troops from LIB 524 while they were returning from their farm on the bank of the Salween River. On 4 December 2002, their bodies were reportedly found floating at the river port of Huay Pa Lao village.

According to the information received, on 11 December 2002, Naang Htun Nae, aged 20, from Wan Pang village, Lai-Kha township, was allegedly raped and killed together with her 3-year-old son by an SPDC soldier, identified by a witness to the scene as Than Kyaw from Co.4 of IB 64. The dead bodies were allegedly found in a bush on the edge of a rice field. When village and community leaders in the area reported the incident to the military authorities, they were given 500 kyat and told to conduct a proper funeral for the dead. They were reportedly told that it was not possible to file a complaint anywhere because no one really knew who the rapist and killer was.

On 21 December 2002, four displaced farmers, Lung Mon, Zaai Nawt, Zaai Mu-Lin and Lung Wa-Lin, who were staying overnight at a remote farm in Nam-Zarng township, were allegedly shot dead by a group of SPDC troops from IB 247.

On 28 December 2002, Zaai Wan-Na, Non, Lung In-Ta and Naang Non Zing, who had sought refuge in Thailand and were returning to home villages, were allegedly robbed, shot dead and dumped into the Salween River by SDPC troops from LIB 519, north of the Saa Laa village river crossing next to Murng-ton township.

By letters dated 5 November 2002, 20 December 2002, 13 January 2003, 24 February 2003 and 26 March 2003, the Government of Myanmar replied to a communication sent by the Special Rapporteur on 1 October 2002 relating to alleged incidents of sexual violence against women by members of the Myanmar armed forces in Shan State. According to the Government, the national intelligence bureau had carried out the necessary investigations into the allegations and found that they were false, fabricated and unfounded. The Government asserted that the allegations were deliberately aimed at tarnishing the image of the Myanmar armed forces by alleging that the Myanmar Government was using sexual violence as a weapon in Shan State. The Government informed the Special Rapporteur that the authorities were in the process of investigating the remaining allegations and would keep her informed of the developments in the matter.

Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

On 18 September 2002, the Special Rapporteur sent an allegation to the Government of Myanmar relating to the following cases.

According to the information received, on 5 February 2002 Zaai Ku (m), Naang Awng (f), and Nang Ong Khin (f) were walking to their farm when they ran into a group of some 60 government soldiers from Infantry Battalion (IB) 246 at Paang Maw bridge north of Saai Khaao village. The soldiers allegedly took the three with them to a deserted village in Kun Mong. Soldiers then reportedly raped the two women, after which all three victims were beaten to death.

According to the information received, on 20 April 2002 Zaai Hung was detained at his farm by a patrol of some 75 soldiers from the same batallion. After having tied Zaai Hung up, the soldier allegedly beat him to death.

According to the information received, on 27 February 2002 Nang Yaen (f), Zaai Taw (m) and Nang Non (f) were allegedly stabbed to death by soldiers of the Light Infantry Battalion (LIB) 515 at a rice field close Paang Phon village.

According to the information received, on 11 July 2001, Zaai Ti-ya, Lung Haeng Wi, Zaai Aw Lam, Zaai In Ta, Zaai Ta Lam, Zaai Khan-Ti, Zaai Saw-Ya went to the commander of the Military Eastern Command, Maj. Gen. Maung Bo, to complain about the continued use of forced labour by his troops. It is alleged that 10 days after this meeting, the bodies of the group were found at the Taad Pha Pha waterfall about 2 miles from Ho Kun village. It is reported that soldiers of the IB246 were responsible for the killings.

According to the information received, in February soldiers of IB66 beat Lung Awng Thun and Zaai Kam, two forcibly conscripted porters, to death after Lung Awng Thun had fallen to the ground out of exhaustion.

According to the information received, on 11 January 2002, a patrol of soldiers from IB246 went to a remote farm at Nam Pang River, where they found a family hiding in their house. The soldier captured Zaai Zarm Nyunt and Zaai Thun Nae as porters. It is alleged that the men were later killed by the same soldiers.

According to the information received, on 7 July 2001, soldiers of LIB512 and LIB515 shot dead 17 people, namely Zaai Taa Nge, Yang Phu, Ai Lao, Zaai Zaam Ae, U Win Myint, U Win Tin, Myo Min Naing, Ko Htay New, Zaai Long, Zaai Phong and seven other persons whose names are unknown, including members of a Shan ceasefire group, civilian drivers and workers, of whom some were ethnic Burmans who had come to the area to work as day-labourers.

On 13 November 2002, the Special Rapporteur jointly with the Special Rapporteur on the human rights of migrants and the Special Rapporteur on the situation of human rights in Myanmar sent an allegation to the Government of Myanmar relating to the following cases.

Luon Kon, aged 56, Sai Ohn Ta, aged 38, Sai Nyunt, aged 34, Pa Pan (f), aged 43, Nang Leng (f), aged 27, and Naing Naing (f), aged four months, all originally from Loi Saan village, Ham Ngaai tract, Murngkerng town, were reportedly found dead on 30 January 2002 near the border with Thailand. According to the information received, the group was migrating to Thailand and had spent the night in an empty building at Border Point 1, Murngton township. They reportedly changed their Myanmar currency into Thai bath upon the advice of a local trader. It is alleged that the next day they hired an off-duty soldier in plain clothes to guide them across the border to Nong Ook village in Chiang Mai Province, Thailand. The Special Rapporteurs have been informed that the guide took them on an alternative route to avoid two checkpoints, but on the way the group encountered troops from IB281. The troops reportedly stole all their money and possessions and shot them. The Special Rapporteurs have been informed that the motivation for the killings is not clear. It is reportedly not known whether soldiers were acting on orders from their commanding officers. It is believed that this group of migrants was not killed in the context of counter-insurgency activities, since there were no rebel troops in the area.

On 1 December 2002, the Government of Myanmar replied to a communication sent by the Special Rapporteur relating to alleged incidents of sexual violence against women by members of the Myanmar armed forces in Shan State. According to the Government, the national intelligence bureau carried out the necessary investigations on the allegations mentioned above and found out that that the allegations are false, fabricated and unfounded. The Government asserted that the allegations were deliberately aimed at tarnishing the image of the Myanmar armed forces by alleging that the Myanmar Government was using sexual violence as a weapon in Shan State. The Government informed the Special Rapporteur that the authorities are in the process of investigating the remaining allegations and would keep her informed of the developments on this matter.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.

Myanmar: Visits & Communications

Correspondence from 2007

Myanmar: Use of Free-fire Zones in Counterinsurgency

Correspondence from 2006