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Home > Main Library > Human Rights > Detentions, Trials, Independence of the Judiciary > Detentions by the military in conflict areas

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Detentions by the military in conflict areas

Individual Documents

Title: SPECIAL DOSSIER: CASES UNDER THE UNLAWFUL ASSOCIATIONS ACT 1908 BROUGHT AGAINST PEOPLE ACCUSED OF CONTACT WITH KACHIN INDEPENDENCE ARMY
Date of publication: 21 January 2013
Description/subject: "This special dossier of 36 cases brought under the 1908 Unlawful Associations Act against people accused of contact with the Kachin Independence Army was researched and compiled in 2012 by independent human rights defenders in Burma who have requested that the Asian Human Rights Commission disseminate the material...At a time that the conflict in Kachin State between the Kachin Independence Army and Burma armed forces is only getting worse, this dossier marks an important contribution to documentation on human rights abuses in the region, because it signals very sharply the intersection between war and law, between violence in armed combat and violence in interrogation, in the use of torture and other techniques against persons who have been branded enemies of the state...the human rights defenders who gathered and translated this material have two stated objectives: to document and inform people about the use of the Unlawful Associations Act; and, to secure the release of the accused. Both of these objectives are laudable, and strongly supported by the AHRC. Clearly, not enough has been done to document cases of this sort in a way that makes explicit the connection between strategic practices of the military and those of other parts of the state apparatus for the targeting of internal enemies. We firmly hope that by taking these steps, not only will the connections be better understood but also those whose cases are documented will obtain relief through some publicity and attention to their specific plights..."
Language: English
Source/publisher: Asian Human Rights Commission (AHRC) & Asian Legal Resource Centre (ALRC)
Format/size: pdf (2.7MB-OBL version; 3.46-original)
Alternate URLs: http://www.humanrights.asia/countries/burma/reports/Unlawful_Association_Dossier.pdf/view
Date of entry/update: 21 January 2013


Title: Abuses since the DKBA and KNLA ceasefires: Forced labour and arbitrary detention in Dooplaya
Date of publication: 07 May 2012
Description/subject: "In the six months since DKBA Brigade #5 troops under the command of Brigadier-General Saw Lah Pwe ('Na Kha Mwe') agreed to a ceasefire with government forces, and in the four months since a ceasefire was agreed between KNLA and government troops, villagers in Kawkareik Township have continued to raise concerns regarding ongoing human rights abuses, including the arbitrary detention and violent abuse of civilians, and forced labour demands occurring as recently as February 24th 2012. One of the villagers who provided information contained in this report also raised concerns about ongoing landmine contamination in two areas of Kawkareik Township, despite the placing of warning signs in one area in January 2012 and the incomplete removal of some landmines by bulldozer from another area in March 2012. The same villager noted that the remaining landmines, some of which are in a village school compound and in agricultural areas, continue to present serious physical security risks to local villagers, as well as disrupt livelihood activities and children's education."
Language: English
Source/publisher: Karen Human Rights Group (KHRG)
Format/size: pdf (296K), html
Alternate URLs: http://www.khrg.org/khrg2012/khrg12f2.html
Date of entry/update: 10 May 2012


Title: Toungoo Interview Transcript: Saw B---, December 2011
Date of publication: 19 April 2012
Description/subject: "This report contains the full transcript of an interview conducted during December 2011 in W--- village, Daw Hpa Hkoh Township, Toungoo District by a villager trained by KHRG to monitor human rights conditions. The villager interviewed 50-year-old Saw B---, a church leader in W--- village, who described demands for forced labour by Tatmadaw Light Infantry Battalion (LIB) #378 in November 2011, including cutting and portering bamboo poles for the rebuilding of LIB #378 military camp near W--- village, and portering food and performing messenger duty. Saw B--- raised concerns regarding food and livelihood security due to the destruction of W--- villagers' cardamom and coffee plantations by rats. He also explained how the Tatmadaw accused villagers of providing assistance to the Karen National Liberation Arm (KNLA) and placed explicit restrictions on the movement of villagers going to work in their cardamom and coffee plantations, which negatively impacts harvests and food security, in addition to restrictions on the transportation of batteries and medicine. Saw B--- also described the death of one villager due to the lack of medical facilities in the village. Other concerns raised include the absence of accessible education beyond grade seven, an insufficient number of teachers, and the omission of the Karen language from the W--- village school curriculum. Saw B--- noted that since the 2010 General Elections in Burma, the Tatmadaw began to increasingly frame demands for forced labour in terms of loh ah pay; a term traditionally referring to voluntary service for community projects. Saw B--- explained that villagers have responded to such concerns by deciding amongst themselves to only send those villagers who are available to go for forced labour, as well as by sharing food and lending money during times of hardship, and teaching the Karen language in church on Sundays."
Language: English
Source/publisher: Karen Human Rights Group (KHRG)
Format/size: pdf (133K), html
Alternate URLs: http://www.khrg.org/khrg2012/khrg12b38.html
Date of entry/update: 21 April 2012


Title: Toungoo Situation Update: August to October 2011
Date of publication: 17 April 2012
Description/subject: "This report includes a situation update submitted to KHRG in November 2011 by a villager describing events occurring in Toungoo District between August and October 2011. It contains information concerning military activity in the district, specifically demands for forced labour by Tatmadaw Light Infantry Battalion (LIB) #375. Villagers from D--- and A--- were reportedly forced to clear vegetation surrounding their camp and some A--- villagers were also used to sweep for landmines. Villagers in the A--- area faced demands for bamboo poles and some villagers from P--- were ordered to undertake messenger and portering duties for the Tatmadaw. The situation update provides information on two incidents that occurred on September 21st 2011, in which several villagers from Y--- were shot, and four other Y--- villagers were arrested by Tatmadaw Infantry Battalion (IB) #73 and detained until the Y--- village head paid 300,000 kyat (US $366.75) to secure their release. It also provides details of the arrest of five villagers from D--- village by LIB #375 in August 2011, who remained in detention as of November 2011. It documents the killing of two villagers from E--- village by Military Operations Command (MOC) #9, and the shooting of 54-year-old A--- villager, Saw O---, by LIB #375 for violating movement restrictions. Information was also given concerning a mortar attack on W--- village by LIB #603 and IB #92, which was previously reported in the KHRG News Bulletin "Tatmadaw soldiers shell village, attack church and civilian property in Toungoo District, November 2011", in which shells hit the village church and destroyed five villagers’ houses. Tatmadaw soldiers also shot the statue of Mother Mary in W--- village and damaged pictures on the church walls; stole villagers' belongings, including money and staple foods; and destroyed villagers’ household supplies, livestock, and food."
Language: English
Source/publisher: Karen Human Rights Group (KHRG)
Format/size: pdf (132K), html
Alternate URLs: http://www.khrg.org/khrg2012/khrg12b36.html
Date of entry/update: 21 April 2012


Title: Incident Report: Arrest and torture in Dooplaya District, December 2011
Date of publication: 30 March 2012
Description/subject: "This report includes a situation update submitted to KHRG in February 2012 by Saw L---, a resident of H--- village, Kya In Township, who described events that occurred in Dooplaya District in December 2011. Saw L--- told a KHRG researcher that on December 12th 2011, about 100 soldiers from IB #283, led by Battalion Commander K---, came to H--- village and arrested 25 villagers on sight for questioning, with ten suspected of being members of the KNLA [Karen National Liberation Army]. One villager escaped that night and five were released the following morning, but the four remaining villagers were subjected to further interrogation and torture. The four villagers were released on February 28th 2012 following a period of arbitrary detention lasting two-and-a-half months."
Language: English
Source/publisher: Karen Human Rights Group (KHRG)
Format/size: pdf (313K), html
Alternate URLs: http://www.khrg.org/khrg2012/khrg12b32.html
Date of entry/update: 12 April 2012


Title: Incident Report: Arbitrary detention and violent abuse in Dooplaya District, December 2011
Date of publication: 16 March 2012
Description/subject: "This report includes a situation update submitted to KHRG in February 2012 by a villager describing events occurring in Dooplaya District in December 2011. The villager reported an incident that took place in H--- village on December 12th, during which Burmese soldiers from Battalion #--- arrested ten villagers on suspicion of their being KNLA soldiers because they had tattoos, and took them to T---. The village head petitioned the soldiers and secured the release of five of the villagers, and one other villager succeeded in escaping, however according to a villager trained by KHRG, the remaining four villagers were violently abused during a period of arbitrary detention that lasted two-and-a-half months, until their release on February 28th 2012."
Language: English
Source/publisher: Karen Human Rights Group (KHRG)
Format/size: pdf (112K), html
Alternate URLs: http://www.khrg.org/khrg2012/khrg12b26.html
Date of entry/update: 12 April 2012


Title: Uncounted: political prisoners in burma's ethnic areas
Date of publication: August 2003
Description/subject: Contents: 1. Executive Summary; 2. Introduction; 2a. Scope of report; 3. Background; 4. Definitions and Regulations; 4a. What is a political prisoner?; 4b. International and domestic regulations governing treatment; 4c. Conflict zones; 4d. Cease-fire and "Pacified Areas"; 4e. Support and perceived support for armed groups; 5. Politically Motivated Detentions in the Conflict Zones; 5a. Accusations; 5b. Places of detention; 5c. Were charges laid?; 6. Treatment of Detainees and Outcomes of Detention; 6a. Arbitrary detention; 6b. Torture; 6c. Extrajudicial killings; 6d. Disappearances; 7. Political Motivations Behind Detentions; 7a. Weakening/destruction of the People's Movement; 7b. Power and absolute control; 7c. Eradication of armed forces; 7d. Other motivations; 7e. Secondary Effects; 8. Inclusion in Existing Reporting; 9. The Bigger Picture; 10. Conclusion; 11. Recommendations... 12. Appendixes: a. Summary of cases; b. Ethnic Armed and political groups; c. Relevant international laws and regulations; 13. Glossary; Map of Burma; Map of Locations of Detention... Executive Summary: In Mr Paulo Sergio Pinheiro's report to the 59th Commission on Human Rights he stated, "Political arrests since July 2002 have followed the pattern of un-rule of law, including arbitrary arrest, prolonged incommunicado detention and interrogation by military intelligence personnel, extraction of confessions of guilt or of information, very often under duress or torture, followed by summary trials, sentencing and imprisonment." This report presents a sample of 46 cases that comply with the description in Pinheiro's statement but remain unrecognised as political arrests. They are people mostly in Burma's ethnic areas detained on accusations of supporting non-Burman ethnic nationality opposition groups. The accusations range from offering support through food and accommodation, to knowledge of opposition group movements, to actually being a member of a non-Burman ethnic nationality opposition group..."
Language: English
Source/publisher: "Burma Issues", Altsean-Burma
Format/size: pdf (796K) 82 pages
Alternate URLs: http://www.burmaissues.org/En/reports/uncounted.pdf
Date of entry/update: 21 September 2003