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Arbitrary and unconventional detention in Burma
Burma Issues & Altsean-Burma
Across Burma [Myanmar] people are arbitrarily detained on suspicion of
supporting illegal associations. In Burma's conflict zones these arbitrary
detentions are inextricably linked to accusations of support to ethnic
nationality opposition groups. Those accused are detained, tortured and
sometimes killed with no warrant, charge or legal process.
There are various international laws and covenants that cover the treatment
of detainees and prisoners. These regulations can be seen as broad and lacking
specific definition. They are nevertheless indicators of how authorities should
treat persons detained or imprisoned, and should be backed up by more specific
national laws.
In Burma the implementation of such national law lacks adherence and current
relevance, particularly to areas of ongoing civil war and related conflict. The
Jail Manual consists of codes of treatment and management within Burma's prisons
system. Its implementation, though, is far from satisfactory or adequate.
Detention or imprisonment in unconventional detention centres such as military
bases and villagers' homes, lacks acknowledgement of both Burmese and
international law.
The length and place of detention are not defined in international
regulations relating to arbitrary detention such as the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights.
However, according to the UN Working Body on Arbitrary Detention, the
deprivation of liberty is arbitrary when a case falls into three categories:
when there is no legal basis to justify the deprivation of liberty, when the
deprivation of liberty violates certain articles of the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights, and
when international norms relating to the right to fair trial are ignored or only
partially observed.
Military bases
Military bases in Burma operate in a closed environment. The torture in them
goes unseen and the personnel are unaccountable for their actions, not only
within the confines of their bases but also in the general community. They are
free to punish at will and extract information by whatever means they desire.
For example, four men from Myitta Relocation Camp in Myitta township, Tenasserim
Division were accused of supporting the Karen National Union (KNU) in December
1999. They were detained by Major Theung Kyi from Military Intelligence and had
plastic bags placed over their heads to suffocate them. The soldiers then rolled
bamboo along their shins and afterwards kicked them in the shins. They were
tortured like this for two days.
The International Committee for the Red Cross has gained access to detainees
in conventional centres under Burma's Ministry of Home Affairs, such as prisons
and some labour camps and police stations. It has been given some freedom to
monitor the treatment of detainees in such centres, although it still encounters
some problems and limited access. Unfortunately, even this limited mandate does
not extend to those detained in the military bases of Burma's border areas.
An added problem is the structure of the Burmese military and the rotating
battalions that come and go from these military bases. A battalion responsible
for detention, torture and killing during one month may not be at the same base
by the next month. Light Infantry Battalions come to an area for a short period
of time: a week, a month, and then move on to other areas. When villagers
complain of actions by the military they are confronted with denials that the
accused battalion was even in the area at the time.
Villages and other locations
If persons detained are not taken away to military bases then they are
usually detained in villages. Places of detention include houses, temples,
chicken coops, holes in the ground, and public spaces such as the village
football ground. Persons detained by the military in villages are usually kept
and tortured there as an example to others. In these cases, torture and
detention are intentionally performed in front of other villagers. These acts
are intended to reinforce the power and authority of the military over
villagers. The key is for these acts to be witnessed by others. Usually, they
are distinguished by their sheer brutality. Reported acts of torture have
included binding a man naked and then tying his penis to his neck in front of
other villagers, and putting a man in a hole in the ground with coconut shavings
to attract red ants. In another case involving Major Theung Kyi, a victim was
reportedly ordered
To be strung to two trees like a hammock, face down, with his legs tied to
one tree and his arms to the other. He was left strung like this for two days
during which time Major Theung Kyi forced soldiers and villagers to sit on him
like a hammock. After two days of this he died and then they threw his body into
a rock hole near the relocation camp.
At the same time the man¡¦s two-year-old daughter was tied up by her legs and
hung upside down. They then lit a fire under her. She was eventually cut after
suffering burns.
Charges
In some cases formal charges are laid upon persons accused of supporting
ethnic nationality opposition groups, but in most cases the military makes
verbal accusations and no charges are actually laid down on paper. The lack of
evidence to back up the charges is a major factor. There is also often a
language barrier: many villagers in remote areas do not understand Burmese, and
the military make no attempt to translate an accusation or charge. Many
villagers are also barely literate, so written charges will not be understood.
Where charges are laid alleging that the detained person has supported an
illegal organization, they are usually under Section 17/1 of the Unlawful
Associations Act, which reads:
Who ever is a member of an unlawful association, or takes part in meetings of
any such association, or contributes or receives or solicits any contribution
for the purpose of any such association, or in any way assists the operations of
any such association, shall be punished with imprisonment for a term [which
shall not be less than two years and more than three years and shall also be
liable to fine].
Although the scope of the Act can encompass virtually any act of opposition
to the government, the military tends to limit charges under this Act to those
with substantiated evidence of guilt. These are usually people in areas of the
country where there are also basic functioning judicial procedures, and those
areas where there is a relatively greater level of monitoring of detainees.
Under any circumstances, anyone charged under this Act will be detained
indefinitely while awaiting sentencing, and will be sentenced without access to
representation or fair trial.
In some cases, detention before trial is extended to allow friends and
relatives of the detained time to raise money to pay for their release. For
example, starting in October 2001 four village headmen were detained in
Thantlang police station, Chin State, for four months without trial. Villagers
were told to pay 700,000 Kyat (US0) for their release, but even after the
payment was made the headmen were not released. The major in charge asked for
more money before he would agree to their release.
In other cases, villagers and village headman have tried to approach local
military authorities through formal complaint procedures in attempts to hold the
military accountable for their actions. This has received mixed responses. In
many cases the military will simply ignore the request for action and in some
cases added harassment and abuse will occur against the person who has dared to
question military authority. In a few cases those detained have eventually been
released after complaints by village headmen or proof that the person they have
detained is not guilty of the accusation. Still, there continues to be a
complete lack of punishment or accountability of perpetrators of arbitrary
detention, torture and extrajudicial killings.
Conclusion
In remote areas of Burma, places of detention are unconventional and access
to detainees for information and monitoring of their treatment is very limited.
Unlike the central regions, prisoners are usually not subject to any type of
legal process and are not charged under any type of law. Often detention is not
prolonged, making it difficult for the international community to take a course
of action such as campaigning for the release of the prisoner.
The government of Burma rules through a severely compromised legal system
that defies international law and standards on civil freedoms and human rights.
Yet people in Burma's conflict areas are not even given the option of this
deficient and archaic legal system. Here, the military rules entirely without
accountability, adequate policing and trial procedures. In every respect,
treatment during arrest and while under detention violates both domestic and
international regulations.
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This article was compiled using material from a report issued by
Burma Issues and Altsean-Burma, Uncounted: Political prisoner's in Burma's
ethnic areas, this August 2003.
Posted on 2003-10-07
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