4. Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Article 5, Universal Declaration of Human Rights
4.1 Background
Torture and other cruel, inhuman and degrading treatment have been used by the military government in Burma for more than forty years and have been particularly documented since the 1988 pro-democracy uprising, when the use of torture increased. The law in Burma does not specifically prohibit the use of torture. Instead, "hurt" and "grievous hurt" are cited as prohibited acts which are punishable under Articles 330 and 331 of the 1957 edition of the 1861 Burmese Penal Code. Punishment for breaking this regulation for the purposes of extracting a confession or evidence that could lead to blame for some sort of misconduct is imprisonment for up to ten years. Under Article 323, one who "voluntarily causes hurt" may be subject to up to one year of imprisonment. Under Article 325, those who "voluntarily cause grievous hurt" may be subject to imprisonment for up to seven years. Furthermore, under Article 166, public servants are prohibited from unlawfully inflicting injuries on anyone while in the line of duty. Violation of this regulation calls for up to one year of imprisonment. (Source: Myanmar; Justice on Trial, Amnesty International, 30 July 2003)
The State Peace and Development Council (SPDC), the ruling military regime, however, believes that the law specifically prohibits the use of torture. When Amnesty International, in 2003, submitted their observations regarding the administration of justice in Burma to the SPDC citing the lack of a clear definition of torture in the law, the SPDC reported: “In Section 330 of the Penal Code, the ingredients of ‘torture’ are prescribed. The following are the illustrations of the said section: ‘(a) A, police officer tortures Z in order to induce Z to confess that he committed a crime, A is guilty of an offence under this section. (b) A, police officer tortures B to induce him to point out where certain stolen property is deposited, A is guilty of an offence under this section. Whoever voluntarily causes grievous hurt in the commission of “torture” shall be punished with imprisonment up to seven years. Whoever voluntarily causes grievous hurt in the commission of “torture” shall be punished with imprisonment up to ten years.'” (Source: Myanmar: Justice On Trial, Amnesty International, 30 July 2003)
Yet, in their World Report 2005, Human Rights Watch (HRW) noted that “Burma remains one of the most repressive countries in Asia, despite promises for political reform and national reconciliation by its authoritarian military government, the State Peace and Development Council (SPDC).” The report indicated that torture of both detainees and civilians, particularly members of ethnic minorities, is common, and that the Burmese army has continued to commit gross human rights abuses. In keeping with ongoing forced relocation campaigns, hundreds of thousands of ethnic minorities have been forced into internment centers, and those who have escaped report forced labor, extra-judicial executions, rape, and torture committed by government forces. (Source: World Report 2005: Burma, Human Rights Watch, 13 January 2005)
Members of the army, the former Military Intelligence (MI), police, Union Solidarity and Development Association (USDA), and armed groups aligned with the SPDC such as the Democratic Karen Buddhist Army (DKBA), routinely use torture to punish and degrade (break) those who have been detained on suspicion of anti-government activities, including political prisoners and villagers living in areas where there is ongoing armed conflict. Torture has the dual purpose of being a method used to obtain information on anti-government and rebel activities, as well as a way of putting terror in the hearts of the population to thwart participation in anti-government activities. In addition, torture is used to extort money, as well as to give punishment for failure to obey orders, failure to pay fees and taxes, as a result of prejudice or a combination of these factors.
A resolution adopted on 21 April 2004 by the Commission on Human Rights stated that extra-judicial killings, torture, rape, and other forms of sexual violence are persistently carried out by members of Burma’s armed forces, and asked that Burma consider as a matter of high priority becoming party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional protocol, as well as other standard conventions designed to protect human rights in the world today. (Source: "Situation of Human Rights in Myanmar," Sixtieth session of the Commission on Human Rights, United Nations Economic and Social Council, Agenda item 9, 9 April 2004)
At the 59th Session of the United Nations General Assembly, Special Rapporteur Paulo Sergio Pinheiro reported that the “situation with regard to the exercise of basic human rights and fundamental freedoms in Myanmar has not substantially changed.” He also reported the death of 60-year-old poet and former political prisoner, Kyi Tin Oo, who died in June of a heart attack relating to ailments incurred as a result of torture and poor prison conditions (source: “Situation of Human Rights in Myanmar,” Fifty-ninth session of the General Assembly, United Nations, 30 August 2004). In a similar statement in October, the Special Rapporteur stated that the human rights situation in Burma “has not substantially changed, and may have even worsened” (source: “Statement by Mr. Paulo Sergio Pinheiro, Special Rapporteur on the Situation of Human Rights in Myanmar,” Fifty-ninth session of the General Assembly, United Nations, 28 October 2004)
On 19 October 2004, Prime Minister Lt General Khin Nyunt was unexpectedly removed from office and replaced with junta hardliner Lt. General Soe Win. Khin Nyunt had headed the National Intelligence Bureau (NIB) for over two decades, and the MI unit, part of the NIB, was known to be responsible for widespread incidents of torture and other inhumane punishment. Subsequent to Khin Nyunt’s removal, the NIB was dissolved, many MI members were retired or transferred by the junta and the unit’s name was changed to the Office of Military Affairs Security. The Special Police Information Force (SPIF) has taken over responsibility for political matters, under the direction of the generals. The effects of these changes have yet to be fully realized and many observers believe them to be only cosmetic.
4.2 Torture during Detention
According the U.S. Department of State's Country Reports on Human Rights Practices-2004, “Disappearances continued, and security forces raped, tortured, beat, and otherwise abused prisoners and detainees.” Well-established torture practices continued throughout the year both inside and outside the prisons. Political activists who work in opposition to the government often faced torture after arrest and during the initial period of interrogation by officials. On 24 February 2004, for example, National League for Democracy (NLD) member Khin Maung Oo was beaten unconscious at Insein Prison. In another incident, four members of the NLD reported that they had been forced to stand on stools for four days during their detention in June, after which they were forced to sign false confessions that led to long prison sentences. Other beatings and forms of torture in custody were reported regularly in 2004, some leading to death. (Source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005)
According to Amnesty International, political prisoners have reported that MI personnel were most frequently responsible for torture during the interrogation period. Political activists are often detained and denied the ability to contact family, lawyers, or medical services. Torture is used to punish them and to compel them to cooperate with interrogators. Political prisoners face both physical and emotional torture, often during prolonged periods of detention after the initial arrest while they are isolated from public scrutiny. Many of these prisoners are forced to sign false confessions admitting to anti-SPDC activities or implicating colleagues or friends in such activities. Some are forced to sign documents stating that they have been well treated during interrogation and in jail. Others say that they have been held incommunicado following torture to allow time for the physical signs of torture to heal before they are seen by anyone. Amnesty International also reported that young male political activists are at greater risk of torture than other detainees, particularly those who have had written or oral contact with opposition groups or those who have been students and attempted to organize anti-government demonstrations. (Source: Myanmar: The Administration of Justice-Grave and Abiding Concerns, Amnesty International, 1 April 2004)
During Amnesty International’s second ever country visit to Burma in December 2003, reports of torture during interrogation were raised with the Attorney General and his staff. The Attorney General indicated that reports of torture during interrogation would not be considered seriously as there were no witnesses to support the claims of political detainees. (Source: Myanmar: The Administration of Justice-Grave and Abiding Concerns, Amnesty International, 1 April 2004)
Former detainees, including political prisoners, have implicated at least six departments of the SPDC’s security forces in torture and ill treatment. The six departments are as follows:
The activities of DDSI, SID, CID and BSI were coordinated by the National Intelligence Bureau (NIB) prior to its dissolution, under the direct control of the SPDC. The DDSI was commonly known as the MIS or Military Intelligence Service and has been the agency most frequently identified as inflicting torture during interrogation.
Methods of Torture in Detention and Prison
Detainees are systematically interrogated in order to get information and false confessions. The methods of abuse and torture include, among others: electrocution; sleep deprivation; forcing a person to stand or squat in uncomfortable positions, such as if one were sitting on a motorcycle, for long periods of time; rolling iron or wooden rods along a person’s shins; pouring water over a person’s head covered in plastic; forcing him or her to kneel on sharp stones or pieces of glass; hanging him or her by the arms and feet and putting bullets or pencils between the fingers and then squeezing them together. In addition, some women also suffer from sexual abuse, such as having some or all of their clothes removed during interrogation. In his report to the Sixtieth Session of the Commission on Human Rights, the UN Special Rapporteur on Burma expressed his concern regarding “the continuing ill-treatment of detainees in pre-trial detention, especially allegedly in the Military Intelligence interrogation centres.” He further indicated that detainees are often subject to forms of both physical and mental torture during the pre-trial detention period. (Source: “Situation of Human Rights in Myanmar,” Sixtieth Session of the Commission on Human Rights, United Nations Economic and Social Council, 5 January 2004)
When activists or suspected persons arrive at an interrogation center, the first step is the breaking down of their confidence and morale. They are kept in the interrogation center for one to three weeks during which rotating teams of inquisitors interrogate them non-stop. Most are not allowed to sleep, and are not usually fed or given any water. When they are sent to prison, they are beaten at the prison gate by the prison staff. They can face punishment in prison if they complain about the lack of water and poor quality of food, stage a hunger strike, or are found holding small amounts of paper. Moreover, they are kept in iron shackles and kept in tiny cells for months, not allowed to bathe or have family visits, etc. (Source: AAPPB, found at http://www.aappb.org/report3.html)
Beatings
The SPDC uses many forms of beating to intimidate and torture prisoners and detainees. Authorities use various items to beat their victims including their fists, combat boots, rifle butts, leather-coated pipes, wooden sticks, sticks made from three interlaced pieces of cane, solid bamboo sticks about three feet in length, and hard plastic water pipes. Beatings are designed to physically harm and humiliate victims. The following are a few typical types of beatings: the prisoner is beaten while he/she stands and embraces a post and both hands are held firmly by another person; the prisoner is beaten while laying prone on the ground; the prisoner is beaten while being forced to stand with both legs chained; the prisoner is beaten while being forced to crawl along the ground; the prisoner is shackled, a long iron bar is placed between their legs, and they are forced to crawl while being beaten; and prisoners are beaten while being forced to do continuous squat-jumps. Authorities often exhibit little to no restraint and strike victims in the face, chest, abdomen, and back. They also jump on the backs of prisoners while they are being forced to crawl on the ground. Prisoners routinely receive serious injuries from beatings, including fractured skulls, broken bones, and paralysis.
Solitary Confinement
An iron rod, about 1½ to 2 feet long, is often placed horizontally between the shackled legs of prisoners in solitary confinement, forcing them to stand or lie with their legs astride. Prisoners are locked in tiny cells during their confinement. Normally, small chamber pots are placed in each cell. The pots are never emptied, so the smell becomes unbearable and the cell damp and wet. In the worst case of solitary confinement, prisoners are forced to stand with both arms tied above their head; they are forced to urinate and defecate while standing. Small daily food rations of soup made from rice are slid through the iron bars from the outside of the cell. No blankets or mats are provided; prisoners are forced to sleep on the concrete floor. Most days, prisoners are taken out of the cells, forced to stand in the standard position, with their legs splayed apart, and beaten. Solitary confinement usually lasts for at least one month and may continue to three months or more. In some cases, political prisoners are forced to remain in solitary confinement indefinitely. (Please see chapter on political prisoners for more information and for specific cases.)
4.3 Torture During Forced Portering and Forced Labor
Throughout 2004, civilians continued to be conscripted or arbitrarily seized as porters to carry heavy loads for SPDC army battalions. Among the many difficult conditions forced laborers and porters have faced, beatings are common, and sometimes lead to death. Porters are rarely given enough food, rest, or medical attention for illness or injury. Porters that complain about exhaustion or ill treatment, or who cannot keep up, are regularly verbally and physically abused. Porters too sick or exhausted to continue are sometimes beaten or shot and left in the jungle for dead. (Source: Country Reports on Human Rights Practices - 2004, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 28 February 2005)
At forced labor sites across the country, such as for the construction of roads or army camps, SPDC personnel routinely mistreat the villagers they are supervising. In addition to long hours and not enough food or rest, those who are not thought to be working hard enough face physical abuse, such as beatings with bamboo sticks or hands. Verbal abuse is a common complaint of those who have experienced forced labor. As a result of International Labor Organization (ILO) pressure on Burma, the recent trend has been to increase the number of prisoner laborers and prisoner porters to take the place of civilian forced porters. (Please see chapter on forced labor for more information about forced portering and forced labor conditions.)
4.4 Torture of Villagers in Areas of Ethnic Armed Conflict
Torture, beatings and other forms of cruel and degrading treatment are commonplace in areas of ethnic armed insurgency targeting both villagers serving in armed opposition groups and civilians caught in the cross-fire. The continuing conflict has resulted in killings, rapes, beatings, torture, forced mine clearing, forced labor, and forced relocations of Chin, Karen, Karenni, Shan, Mon, and other ethnic groups by SPDC soldiers. Villagers are routinely detained, interrogated, beaten and tortured arbitrarily on suspicion of contact with opposition groups. Torture and beating of villagers often goes hand in hand with other human rights abuses, such as extortion, looting, destruction of property and sexual violence. The fear of physical injury deprives villagers of their livelihoods as they are kept from traveling in areas where SPDC soldiers are present. In conflict zones, SPDC soldiers are able to confiscate farmland and put curfews and other restrictions on the movements of villagers. Villagers caught breaking curfew or traveling in areas they have been restricted from can be accused of helping rebel groups and tortured, beaten or killed. Some armed ethnic groups, particularly the SPDC-affiliate Democratic Karen Buddhist Army (DKBA) and the United Wa State Army (UWSA) have also committed abuses, although on a smaller scale than the Tatmadaw or SPDC armed forces. (Source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 28 February 2005)
4.5 Torture of Buddhist Monks
Monks have played a significant role in Burma’s democracy movement since the military seized state power in 1962. Following the killings of several Buddhist monks participating in a demonstration in 1990, groups of monks have engaged in a protest known as “overturning the bowl”. The protest entails monks refusing to accept alms from members of the military or their families and refusing to conduct or attend services arranged by the military. As most of the members of the junta regard Buddhism as intrinsic to their own sense of legitimacy and national unity, and may believe that the alms somehow mitigate their own wrongdoings, this is particularly threatening to them. The SPDC frequently portrays itself as a group of devout Buddhists that provides donations, attends ceremonies, and supports the construction of monasteries, in an attempt to win the support of and control the predominantly Buddhist population. Despite SPDC attempts to influence the Buddhist order, the monks who have engaged in the boycott have not ceased and have continued to remain involved in politics, while monasteries have continued to serve as a place for community gathering, organizing and information sharing. Suppression of anti-government elements among the Buddhist community has also continued. (Please see chapter on freedom of religion for more information.)
According to a 2004 report by the Assistance Association for Political Prisoners (AAPP), there were approximately 300 Buddhist monks in Burmese prisons at the beginning of 2004. The precise numbers are difficult to determine, as monks are usually sent to prison labor camps as they are frequently sentenced under criminal charges. In this situation, designed to degrade, they live and work amongst common criminals, such as murderers and rapists. Monks arrested and sent to prison for these offences are purposely degraded and forcibly disrobed, although Buddhist tenets explicitly state that this does not remove monkhood. Monks are often harassed more severely than others because of the nature of their protest. Reports of kicking, beating, slapping of their bald heads, being forced to stand in uncomfortable positions for long periods of time, other forms of torture, and improper burial after death in the prison labor camps are common.
On 19 January 2004, a tribunal in Insein Prison sentenced a group of 25 novice monks and one monk to eighteen years in prison for refusing to accept alms from the military at the Mahar Ghandaryone Monastery in Rangoon in November 2003. After being arrested and beaten, they were sentenced under article 295 (a) of the Penal Code and Article 5 (d & j) of the Emergency Provisions Act. Given the choice to join the army or go to prison, all chose, and remain in, Insein Prison. (Source: Burma: A Land Where Buddhist Monks are Disrobed and Detained in Dungeons, AAPP, November 2004) (Please see chapter on religion for more information.)
4.6 Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment – Partial List of Incidents for 2004
Chin State
On 12 July 2004, Second Lieutenant Khin Maung Win and a soldier from Burma Army LIB 269, along with 2 policemen based in Tibual village, Falam Township, in northern Chin State, went to Satawm village on the India-Burma border. They were inebriated at the time and had come to the village with the plan to extort money from cross-border traders. There, they sent a villager to call the village headman. When he returned, indicating that the headman was not well, Lt. Khin Maung Win sent 2 soldiers to retrieve the headman, who they beat along with the villager who had been sent to fetch him. At the same time, the soldiers shot their guns randomly, hitting the Evangelical Methodist Church while services were being held. Lt. Khin Maung Win and his group continue to storm the village, entering houses and attempting to molest several women. Local villagers reported the incident to the battalion commander of LIB 269 and a meeting was arranged during which the soldiers begged the forgiveness of the villagers. (Source: CHRO, 27 August 2004)
Karen State
Note: Dooplaya, Pa-an and Papun Districts, as reported below, are all areas demarcated by the Karen National Union (KNU) as Karen territory. Dooplaya District falls mostly in SPDC demarcated Karen State and partially in SPDC demarcated Mon State. Dooplaya District is under the patrol of the 6th Brigade of the Karen National Liberation Army (KNLA). Papun and Pa-an Districts fall entirely in SPDC demarcated Karen State. Papun District is under the patrol of the 5th Brigade of the KNLA and Pa-an is under the patrol of the 7th Brigade of the KNLA. The SPDC does not recognize these as official districts. Instead, the SPDC considers there to be 3 districts (North to South: Kawkareik, Pa-an and Myawaddy) and 7 townships (North to South: Than Daung, Papun, Hlaing Bwe, Pa’an, Kawkareik, Myawaddy, and Kya In Seik Gyi) within Karen State. These townships do not correspond with the KNU demarcated districts and townships, even for those which share the same name.
Dooplaya District
On 16 February 2004 at 12:00 pm, Private Ahn Gyi of SPDC IB 32, under control of Htee Hta Baw camp commander, Sergeant Kyi Noo, raped Mu Yone Kyi (age 27), the wife of Saw Yin Htwe and the mother of 2 children from Lay Khaw Hti village, Kya Inn Township. Afterwards, he slapped her face 2 times. (Source: CIDKP, 2004)
On 26 March 2004 at 12:00 pm, SPDC troops based at Pa Yah Ngote Toe camp demanded 20,000 kyat from Htee Plaw villagers traveling from Pa Yah Ngote Toe to a religious ceremony at Wah Ma Hta. As the villagers could not pay, the troops ordered the villagers to stand in the sun for more than 1 hour. (Source: CIDKP, 2004)
On 8 June 2004, SPDC LIB 549 Operation 1, led by Regiment Commander Thu Rat Myo Tint, went to Tee Pa Taw village, Win Yin Township, and slept there for 1 night. The soldiers forcibly confiscated several items, including 9 chickens, from the following villagers:
Saw Kyaw Lu (age 37) was slapped when he was unable to provide additional chickens to the troops. At midnight, 1 soldier entered the home of a widow, Ma Ta Lu (age 37) with the intent to sleep with her. When the widow shouted, the soldier ran away. Later, 1 of the captains of the regiment visited the widow’s house to find out about the event. After the widow told him everything, the captain told her not to lie and that it was not his soldier. (Source: BI, 2004)
On 30 August 2004, Battalion Commander Myo Zaw Thein of LIB 591 arrested 2 villagers from Kleit Tu village, Win Yae Township, who were cutting and selling bamboo. The battalion commander beat and tortured Saw Than Kyaw (age 28), son of Saw Than Aye and Saw Thaung Yi (age 40) son of Saw Neh Kleh, and put them into Kyaung-ywa detention cell. (Source: CIDKP, 2004)
Pa-an District
On 1 June 2004, soldiers from DKBA 999 led by Pa Du tortured the headman of Ta Kre village and accused him of having contact with the KNU. The headman was fined 1 pig and 30,000 kyat. (Source: BI, 2004)
On 29 August 2004, Saw Poo Loo of DKBA 999 arrested Paw Ya Kyo villager Pa Nya Kay and kicked him 12 times with his military boots, demanding 100,000 kyat. On that day, Saw Poo Loo also seized 10 head of cattle from trader Saw Doe Kho and demand 400,000 kyat in ransom for the cattle. (Source: CIDKP, 2004)
On 16 September 2004 at 4:00 pm, troops from DKBA 999 fired an M-72 round in Ta Krai Ni village, wounding the following 3 villagers:
1. Naw Moe Loe, age 53;
2. Naw Paw Ler, age 13; and
3. Saw Dah Ler, age 11.
(Source: CIDKP, 2004)
On 13 October 2004, Second Company Captain Thain Lwee of DKBA 999 Company 3 shot Kwee Maw Tae village chief Nae Kaw La (age 51) causing heavy injuries. This village is in Noh Kay village tract, Ta Na Cha Township. (Source: BI, 2004)
Pa-pun District
On 15 January 2004 at 3:00 pm, troops from SPDC LIB 55, under control of Major Htun Ohn, shot at 30 villagers returning from shopping between Kho Lay village and Thway Doe village. Fifteen of them returned safely and 15 were lost until the time of this report. (Source: CIDKP, 2004)
On 24 May 2004, troops from SPDC LIB 384, based at Ler Mu Plaw camp, fired both their heavy weapons and small arms without reason on the villagers in the Yu Hgaw Lo Khee area of Lu Thaw Township. (Source: CIDKP, 2004)
On 27 August 2004, Battalion Commander Win Myint of SPDC IB 232, based at Thwe Thee Eu camp, attacked without provocation village head Pa Maung Kyaw. He was slapped 5 times in the face and punched 2 times in the back. (Source: CIDKP, 2004)
Karenni State
On 27 February 2004 at 10:00 am, local militia leader Saw Phlo Htoo arrived at Phlo Htee village with his troops and accused villagers of having contact with the Karenni forces, although they gave no reason or evidence for this accusation. They then searched every house and confiscated some domestic property, chickens, and pigs from the villagers. A soldier hit villager Naw Leimu with the butt of his gun. (Source: KNAHR, 2004)
On 28 February 2004 at 6:00 am, troops from SPDC LIB 422 entered a hideout site near the Karenni-Karen border where Karenni villagers from Hosarkee were taking refuge with local Karen. The Burmese troops opened fire without warning and killed 3 Hosakee villagers and wounded another. The villagers were:
(Source: KNAHR, 2004)
Mon State
Note: Thaton District, as reported below, falls mostly in the SPDC demarcated area of Mon State, while the area to the east of the Donthami River lies within SPDC demarcated Karen State. Thaton District is under the patrol of the 1st Brigade of the Karen National Liberation Army (KNLA). The SPDC does not recognize this area as an official district.
Mudon Township
On 17 October 2004, Htun Aung, a drunken Burma Army soldier, beat Nay Ri (male, age 27) from Chak Toa village, Mudone Township. Nay Ri was returning to his village from fishing around 8:00 pm. A soldier accused Nay Ri of trying to take his gun and demanded 20,000 kyat to retract the accusation. Nay Ri's parents paid the demanded amount to avoid further threats and charges by the BA. (Source: Kao Wao News No. 76, 17 October 2004)
Thaton District
On 26 February 2004, Company Commander Tin Myint of SPDC LIB 3 ordered Ta-raw-meh villagers to haul large logs with bullock carts. As the logs were too large to transport with bullock carts, the army commander brutally beat the villagers and tied them up at the cemetery for 2 hours. The victims were:
(Source: CIDKP, 2004)
On 16 March 2004 at 10:00 pm, Than Htun, Pa Nya and Ta Baw from the DKBA arrested 3 villagers from Ta Maw Daw village, Thaton Township. Maung Myint (age 38), Maung Hta Loo (age 28) and Pa Kyu (age unknown) were taken while the villagers were celebrating a novice initiation ceremony and ordered to lead the DKBA troops to the place where KNU troops were. As these 3 villagers had no knowledge of KNU troop locations, the DKBA troops brutally beat them and stole 30,000 kyat worth of items from the shops. (Source: CIDKP, 2004)
On 25 March 2004, Than Htun and Sai Pu of the DKBA came to Pwa Gaw village, Pa-an Township, and demanded 10 bullock carts to haul logs to the Mae Ka Na saw mill. As the villagers could not give them these items, the 2 DKBA officers arrested and tied up Pwa Gaw village head, Pa Din, and fired off 30 rounds of an M-16, 1 magazine of a pistol and 1 shot from an M-79 grenade launcher to intimidate them. (Source: CIDKP, 2004)
On 26 March 2004, approximately 22 men from a DKBA unit led by Than Htun came to Noe Htoe Day village, Thaton Township, and seized 4 villagers. The soldiers then accused them of having sent food supplies to the KNU. As a result, the troops forced the 4 villagers to do somersaults in the sun and demanded 20,000 kyat from them. The victims were:
(Source: CIDKP, 2004)
On 29 March 2004, Ta Baw, Zaw Zaw, Maung Tin Soe and Pa Nya of the DKBA came to Ta Maw Daw village, Thaton Township. They gathered residents of about 10 villages and asked them whether they knew where village tract chairman Maung Kaba lived. As the villagers could not tell them, the 4 men forced the villagers to do standing and sitting exercises for 1 hour. After that, Pa Nya and Zaw Zaw of the DKBA stationed themselves near the village of Ta Maw Daw, questioning people, and searching bullock carts that passed by. They beat up Ta Roi Khee villager Maung Thaung Kyi (age 43) who suffered head injuries. (Source: CIDKP, 2004)
On 6 May 2004 at 8:20 pm, troops from SPDC LIB 541 led by Battalion Commander Moe Zaw Lin shot at Naung Ka Doe villagers and Ta Maw Daw villagers, who were out hunting for frogs. Those from Naung Ka Doe managed to escape safely to their village but Ta Maw Daw villager, Saw San Win (age 30), son of Tee Aung Chit, was killed in the shooting. (Source: CIDKP, 2004)
On 12 August 2004, troops from the DKBA Brigade 333 Battalion 3, led by Company Commander Tin Win, came to Kaw Heh village, Bilin Township. They arrested and brutally beat the following villagers:
(Source: CIDKP, 2004)
Ye Township
On 18 January 2004, it was reported that soldiers from the Burma Army were punishing villagers in southern Ye Township for not speaking Burmese by forcing them to sit in the sun from 7:00am to 6:00pm. The SPDC troops had launched an offensive against the Hangsowatoi Restoration Party in December 2003. Villagers both young and old were forced to sit in the sun and were denied water. Villagers also reported that soldiers would slap, beat and torture villagers through other methods when villagers were unable to reply to questions in Burmese. (Source: “Villagers Tortured for Not Speaking Burmese,” Kao Wao News No. 60, 18 January 2004)
On 26 January 2004, Maj. Kyaw Ngwe Soe of IB 97 arrested Tun Kyi, village secretary of Kyone-kanya village, along with 4 other villagers. They tortured them inhumanely with the suspicion that they were supporters of Mon rebels. The soldiers took Tun Kyi by the hair and dragged his face on the ground. They beat his head with an RPG motor-boot until he was bleeding heavily. The soldiers detained the 5 villagers for 5 days, only releasing them for a ransom of 400,000 kyat for Tun Kyi and 100,000 kyat each for the other 4 villagers. (Source: "Gross Human Rights Violations in Ye Township," The Mon Forum, HURFOM, September 2004)
On 4 February 2004, the troops of LIB 586 arrested 2 women in Kabya Wa village: Mi Tin Shein (age 55) and Mi Pa Khin (age 50). Mi Tin Shein is the wife of the rebel leader, Nai Hlein, and Mi Pa Khin had helped Mi Tin Shein by providing shelter in her home. According to a witness, both women were seriously tortured. During the interrogation, the Burmese soldiers beat their bodies with bamboo sticks and cut their faces with knives until the other villagers could not recognize them. Because of the serious torture, Mi Tin Shein gave the names of 6 villagers with contacts to the rebel soldiers, who were then arrested. Nai Hara and his wife Mi Hla Tin from Win-tamort village, Nai Suu and Nai Gone Sakar, Kyone-kanya village headmen, and Nai Hit and his wife Mi Mya Kyi from Kyone-kanya village were all seriously tortured. They were brought into the jungle by soldiers from LIB 586 to find hidden guns supposedly left by rebels and to show them the rebels’ temporary bases. When the villagers could not do this, the soldiers tortured them and pointed knives at their throats. During the rest of their incarceration, they were beaten with bamboo sticks and gun-boots. According to Nai Suu (age 59) the soldiers beat his entire body while he was tied up, hung him from a roof, and burned him with cigarettes. They were eventually released for a ransom of 100,000-300,000 kyat per person. The soldiers held Mi Mya Kyi for over 2 weeks, torturing her continuously. (Source: "Gross Human Rights Violations in Ye Township," The Mon Forum, HURFOM, September 2004)
Pegu Division
Note: Both Nyaunglebin District and Toungoo District are areas demarcated by the KNU as Karen territory. Toungoo falls partially in SPDC demarcated Pegu Division and partially in SPDC demarcated Karen State. Toungoo is under the patrol of the 2nd Brigade of the KNLA. Nyaunglebin falls in SPDC demarcated Pegu Division and is under the patrol of the 3rd Brigade of the KNLA. The SPDC does not recognize Nyaunglebin or Toungoo as official districts.
Nyaunglebin District
On 6 February 2004, soldiers from SPDC Kamaya 264 stopped Saw Pa Lay Loe and Naw Ler Ka Tray in Ko Pu village. The soldiers slapped Saw Pa Lay Loe in the face 2 times and questioned him about the KNU. They eventually released him. (Source: BI, 2004)
On 10 February 2004, SPDC Kamaya commanders Bo Win Tway and Bo Kyaw Swar Lin, warrant officer Nyi Nyi, Sergeant Zaw Min, and 15 privates ordered villagers from Ko Nee village to destroy their houses and abandon the village at once. At the time, Bo Kyaw Swar Lin entered houses, kicking and beating villagers, injuring 7 people. One villager suffered severe head injuries. Bo Kyaw Swar Lin also took galvanized iron sheets and timber from houses. The Ko Nee villagers were relocated to Plaw Mu Ka, a dry location without water that is very cold at night, resulting in a high frequency of sickness among villagers. (Source: BI, 2004)
On 23 February 2004, troops from SPDC LIB 264 arrested without reason Saw Pa Lay Lor and Naw Leh Keh Tri of Khee-lor village, Mone Township. They slapped the face of Saw Pa Lay Lor 2 times and later released them. (Source: CIDKP, 2004)
On 6 April 2004 at 1:00 pm, troops from SPDC LIB 264 and IB 60 fired on Kho-pu village, Mone Township, wounding Kho-pu villager Saw Dah See. (Source: CIDKP, 2004)
Prome
On 30 August 2004, USDA members Aung Moe Zin, Ko Ko Htaik and Ko Mu beat up first-year chemistry student Maung Ye Naing without provocation in Prome, Pegu Division, while he was returning to his hostel. He was rescued by other students and was recovering in the local hospital at the time of this report. The parents of the victim reported the incident to the local police and another local source reported that 2 of the attackers were being detained. (Source: DVB, 2 September 2004)
Toungoo District
On 3 January 2004, troops from SPDC IB 124 led by Bo Aung Ko Ko accused Saw Heh Tu of Kaw Thay Doe village, Tantabin Township, of being a KNU member. They beat him up at a location between the villages of Kaw Thay Doe and Baw Ga Li and threatened him not to tell anyone about the beating. (Source: CIDKP, 2004)
On 24 February 2004, troops from SPDC IB 48 led by Column 2 Commander Myo Zaw Win, under control of SPDC Southern Headquarters Operation Command 1, combined with troops from SPDC IB 75, came to Kaw Thay Doe village, Tantabin Township. There, they fired gunshots to threaten the villagers and also detonated 7 mines, terrorizing the Kaw Thay Doe villagers. (Source: CIDKP, 2004)
On 8 April 2004, troops from SPDC IB 75 in the area of Wah Soe fired on a Christian pastor and his group from Kho Khee village, Tantabin Township, while they were traveling on a trip for religious services. The pastor and villagers managed to escape without casualty. (Source: CIDKP, 2004)
On 10 April 2004 at 11:00 am, troops from SPDC IB 48 fired without reason at Plo Mu Doe villagers from Tantabin Township at Ka Dah Hta, a place between Plo Mu Doe and Pway Baw Doe villages. (Source: CIDKP, 2004)
On 16 April 2004 at 12:00 pm, Columns 1 and 2 of SPDC IB 92 led by Battalion Commander Aye Min Htun fired on villagers of Saw Mu Doe village, Tantabin Township, at Tha Mee Nyaw Daw Kho. These troops stole food and other items valued at 10,000 kyat from Saw Mu Doe villager Naw Sa Paw. (Source: CIDKP, 2004)
On 28 May 2004 at 10:00 pm, troops from SPDC IB 48 led by Company Commander Kyaw Lwin Oo and Sergeant Kyaw Mya came to Thit Cha Seik village, Tantabin Township. They accused villager Saw Aye Mya of being involved in an explosion at SPDC IB 73 headquarters. He was subjected to interrogation and brutal beating. On seeing her husband brutally beaten, his wife Naw Moo Wah (age 39) who had recently given birth to their 6th child, went into shock and died the next morning. (Source: CIDKP, 2004)
On 30 May 2004, SPDC Kalaya 48 Company Commander Kyaw Lwin Oo arrested and beat Saw Aye Mya in Thay Cha Say village. (Source: BI, 2004)
On 13 December 2004, troops from SPDC IB 73 Column 2 led by Bo Maung Maung Soe came to Ku Ler Doe village and the Kaw Thay Doe area of Tantabin Township and seized village head Kwa Lar Hser. After forcing him to guide them through the village, they beat him and stole 3,700 kyat from him. The troops went on to loot more money, chickens, peanuts, rice, a mosquito net, and a hammock from other villagers. At a plot of betel nut plantation in Ku Ler Doe, they seized and beat villager Saw Wah Gay Htoo before taking 30,000 kyat from him. They next seized villager Saw E' Leh Tray and took him to Naw Soe, taking 30,000 kyat in all from him. (Source: KIC, 2004)
On 13 December 2004 at 5:00 am, troops from SPDC LIB 590 led by Bo Aung Gyi gathered villagers of Kaw Thay Doe village, Tantabin Township, and forced them to carry their food supplies. The group of villagers, 7 women and 4 men, were:
1. Naw Thaw Thi,
2. Naw Kray Kray,
3. Naw Ma Mar Lay,
4. Naw Loo Sa,
5. Naw Htoo Paw,
6. Naw Moo Mu,
7. Naw Ree Sa Paw,
8. Saw Moshang,
9. Saw Cho Mar Oo,
10. Saw Oo Mya and
11. Saw Ngwe Say.
In addition, Bo Aung Gyi slapped the face of Naw Ma Mar Lay once and fired 2 gunshots to threaten her. (Source: KIC, 2004)
Rangoon Division
On 18 April 2004 at about 2:30 pm, Police Corporal Aung Naing Soe attacked a betel nut seller, Ma San San Htay (female, age unknown) on Thida Street, in Thida Ward, Kyinmyindaing Township, Yangon Division. After complaining about homeless people in the vicinity, the officer began clearing them away. Ma San San Htay was resting when the officer kicked her awake. The officer then hit her in the mouth, grabbed hold of her hair, and dragged her along the road by her hair for over 50 yards while abusing her verbally. At this time, Kyaw Min Htun (male, age 26) came by on his bicycle and tried to intervene. The officer hit Kyaw Min Htun, after which Kyaw Min Htun hit and broke the officer’s nose. He was then arrested and charged with crashing his bicycle into and attacking the officer without warning while the officer was performing his duties. On 24 June 2004, the Kyinmyindaing Township Court found Kyaw Min Htun guilty of assaulting the police officer in the course of his duties and sentenced him to 2 years’ imprisonment with hard labor (Case No. 247/2004). (Source: Urgent Appeals Deck, AHRC, 30 August 2004)
Shan State
Kaeng-Tung Township
On 8 June 2004, SPDC police and members of the ‘people's militia’ forcibly entered the house of Zaai Tui and his wife, Naang Leng, in Yaang Wo village in Kaad Fa village tract, Kaeng-Tung Township. They were accused of hiding methamphetamine tablets in their house. The group searched the house and found nothing. They then arrested and tortured Zaai Tui and Naang Leng. As a result of the torture, Naang Leng incurred severe wounds on her forehead and waist. The group also took all the money and valuables found in the house, worth approximately 1,900,000 kyat. (Source: “Villagers Tortured and Robbed of Their Property in Kaeng-Tung,” SHRF Monthly Report, SHRF, October 2004)
On 31 October 2004, Zaai Sai Paan (male, age 36) from Nawng Paan village in Yaang Kaeng village tract, Kaeng-Tung Township, was beaten and had money extorted from him by SPDC policemen manning a checkpoint at Nam Laab bridge. He had been driving his motorcycle to the Kaeng-Tung town market, when the police at the checkpoint forcibly confiscated his motorcycle, giving the reason that Zaai Sai Paan was driving without a safety helmet. When Zaai Sai Paan repeatedly asked the police to give the motorcycle back, the leader of the group became angry and beat and kicked Zaai Sai Paan severely, causing bleeding and wounds to his head. Although he was released with his motorcycle after paying a fine of 2,000 kyat, Zaai Sai Paan had great difficulties driving because of his injuries. He was treated at the Kaeng-Tung hospital, where he received 7 stitches in his head. He later lodged a complaint with the SPDC authorities in Kaeng-Tung town, but no action had been taken at the time of this report. (Source: “A Motorcyclist Beaten, Money Extorted, in Kaeng-Tung,” SHRF Monthly Report, SHRF, March 2005)
On 15 January 2004, a patrol of about 15 SPDC troops from LIB 524, led by a second lieutenant, came into Nam Khaam village, Wan Paang village tract, Kun-Hing Township. After searching some houses, they arrested:
The SPDC troops accused the 3 villagers of being Shan soldiers and interrogated them. During the interrogation the troops severely beat them with sticks and dropped burning plastic on their bodies. The villagers were released only after daybreak when the village headman and elders guaranteed that they were not Shan soldiers, but villagers who had always lived there. (Source: “3 Villagers Beaten and Tortured in Kun-Hing,” SHRF Monthly Report, SHRF, August 2004)
On 31 February 2004, Saang Wi (male, age 35) from Wan Paang village in Kun-Hing Township was returning from his farm at 5:00 pm when he was accused of being late and beaten by SPDC troops from IB 246 manning a checkpoint at Nam Paang bridge. When Saang Wi pointed out that the time was 5:00 pm, which was within the permitted time limit, Sgt. Sein Myint, who was in charge of the checkpoint, grabbed a stick and hit him 2 times on the back and 2 times on the buttocks before releasing him. At his village, Saang Wi complained about it to the community leader who said he would make an inquiry into it the next day. However, the community leader was summoned by the SPDC troops early in the morning and told that villagers would only be allowed to work outside the village from 8:00 am to 4:00 pm. A few months before, Saang Wi was also slapped several times by an SPDC soldier at the same checkpoint for no apparent reason. When the community leader inquired about it, the military authorities said that the soldier was drunk at the time of the incident and nothing was done. (Source: “Beating and More Restrictions in Kun-Hing,” SHRF Monthly Report, SHRF, August 2004)
Lai-Kha Township
On 18 September 2004, 2 villagers gathering bamboo in the forest in Lai-Kha Township were beaten by SPDC troops from LIB 514. Lung Kham Leng (male, age 53) and Zaai Yawd (male, age 35) had gone into the forest with a mini-tractor to cut bamboo as usual. A patrol of about 30 SPDC troops from LIB 514 came and searched their belongings. The 2 villagers had brought enough food for 2 meals and when the SPDC troops saw this they were accused of bringing food for Shan soldiers. The villager’s explanations were ignored and the troops beat them severely, demanding to know where the Shan soldiers were and threatening to beat the villagers to death if they did not comply. They were finally released, with bruises and splits covering their backs and buttocks. The troops also took away all of their food. While the 2 victims lived in Lai-Kha Township at the time of the incident, they were originally from Wan Nim village in Murng Khun village tract, Murng-Kerng Township. (Source: “Bamboo Gatherer’s Severely Beaten in Lai-Kha,” SHRF Monthly Report, SHRF, January 2005)
On 19 September 2004, SPDC troops of IB 64 manning a checkpoint stopped 5 male and 3 female travelers, from different areas of Lai-Kha Township, who were leaving Lai-Kha town in a car owned and operated by Zaai Kyaw Taan (male) of Murng-Pan. They were accused of going to Thailand for the purpose of human trafficking and arrested. When the travelers explained that they were visiting Tawnggyi, the capital of Shan State, the SPDC troops beat some of them up and extorted 2,000 kyat from them. The 8 travelers were then put in jail at the IB 64 base for 3 days and 2 nights. Lai-Kha town is in central Shan State, quite far from the Thai border, with many townships between it and the border. The SPDC troops accused them of going to Thailand and molested them in order to take advantage of the human trafficking ban. (Source: “Beating, Extortion and Detention on False Accusation of Human Trafficking in Lai-Kha, Murng-Nai and Murng-Ton,” SHRF Monthly Report, SHRF, November 2004)
On 24 September 2004, a patrol of about 30 SPDC troops from LIB 515 led by Commander Kyaw Win Naing attacked a group of villagers (13 men, 11 women and 4 children) at a rice farm near Wan Paang village in Wan Heng village tract, Lai-Kha Township. The troops said that Shan soldiers had recently passed by that way and asked the villagers whether they had seen them and which way they had gone. When the villagers said that they had not, the SPDC troops then accused the villagers of telling lies and beat the men with sticks. The women were questioned one by one and slapped 1 time each. After that, the troops accused the villagers of cultivating rice with intent to support the Shan resistance. After that, the oldest villager present, Lung Zaai Long (age 51) was singled out and severely beaten and kicked until he lost consciousness. An ox-cart had to be brought in to carry him home as he was so severely wounded that he could not walk. Many of his relatives judged by his injuries that he would not live long. (Source: “Farming Villagers Severely Beaten, One of Them Close to Death, in Lai-Kha,” SHRF Monthly Report, SHRF, February 2005)
Mu-Se Township
On 13 February 2004, during the forced rice planting known as Sin-Shweli-527, a field owner, Lung Suay Kyawng, and his assistant, Ai Thun, were accused of being unwilling to work and defying orders. USDA member Win Maung beat the owner 5 times and his assistant 3 times with a bamboo-split stick in a field at Kaeng Yaang village, Paang Saai village tract, Mu Se Township. (Source: “Beating During Forced Labour in Mu-Se,” SHRF Monthly Report, SHRF, July 2004)
On 27 February 2004, in a rice field at Kaeng Yaang village, Paang Saai village tract, Mu Se Township, during the same forced rice planting, 7 villagers were beaten with a stick by the same USDA member. The victims were:
Naang Yaen was 3 months pregnant at the time of the incident. As a result of the beating she suffered a miscarriage the next week. (Source: “Beating During Forced Labour in Mu-Se,” SHRF Monthly Report, SHRF, July 2004)
Murng-Kerng Township
On 31 January 2004, a group of 17 SPDC troops from LIB 514 led by a second lieutenant and Sergeant Myo Chit conscripted a mini-tractor in Murng-Kerng town and forced the owner, Zaai Thun, (age 36) to take them to Murng Khun village in Murng Khun village tract. At a point midway between the town and village, the mini-tractor broke down due to the heavy weight. Although Zaai Thun tried to fix it with help from the SPDC troops, it would not work. After some time, some of the troops accused Zaai Thun of deliberately causing the breakdown and pretending not to be able to fix it because he did not want to serve the military. The sergeant, Myo Chit, then accused Zaai Thun of not driving his mini-tractor properly even before it broke down, kicked him to the ground, and beat him with a stick several times, breaking his left arm in the process. After the beating, the SPDC troops left on foot. Zaai Thun was left alone and wounded until relatives heard about the incident and came to take him home. (Source: “Villager Severely Beaten During Forced Labour, His Arm Broken in Murng-Kerng,” SHRF Monthly Report, SHRF, October 2004)
Murng-Nai Township
On 7 April 2004, a patrol of SPDC troops from LIB 576 beat and robbed Lung Kaang Yoi, a roaming trader from Loi-Lem town. Lung Kaang Yoi had been in Ton Hung village tract in Murng-Nai Township since the beginning of 2004 after agreeing to regularly provide food for the SPDC’s GE #369 (an engineering unit) that was working on a power plant project at the Zong Arng waterfall in Murng-Nai Township. Every 5 days, he bought consumer goods at a local market and brought them to sell to the troops. As he was returning from GE #369, he met a patrol of about 30 SPDC troops from LIB 576 near Khaai Naa Kong. The troops stopped and questioned him, then beat him with a stick several times on his legs, back, and head, until he fell and lost consciousness. When he regained consciousness, Lung Kaang Yoi found that 20,000 kyat had been stolen from him by the SPDC troops. He later lodged a complaint with the military authorities at the LIB 576 based at Pa Saa village in Nawng Hee village tract, Murng-Nai Township. No action had been taken when this report was received in late July 2004. (Source: “A Trader Beaten Unconscious and Robbed of His Money in Murng-Nai,” SHRF Monthly Report, SHRF, October 2004)
On 10 August 2004, a patrol of SPDC troops from LIB 574 led by Major Kyaw Tay Ya arrested Ai Wi (male, age 40) of Ton Hung village in Ton Hung village tract, Murng-Nai Township, while he was catching fish in a stream. The troops took Ai Wi to their base, interrogated, beat, and detained him, saying that they would kill him in 2 days if he did not cooperate and give them the answers they wanted. When Ai Wi had not returned by the time he should have, relatives and community leaders reported it to the police. After receiving some money from Ai Wi’s relatives, the police found out that he was being detained at the base of LIB 574. Ai Wi was later released, but only after money had been extorted from his family and relatives by the SPDC troops. (Source: “A Fisherman Arrested and Beaten in Murng-Nai,” SHRF Monthly Report, SHRF, November 2004)
On 30 September 2004, SPDC troops from LIB 574 beat the village headman of Ta Kun village in Murng-Nai Township until he lost consciousness. He had just returned from a rice mill and was unloading a sack of rice in front of his house when the patrol came by. When the SPDC troops saw the rice, they accused the headman of preparing to take it to Shan soldiers, which the headman denied. The SPDC troops opened the rice sack, and finding seasoning powder and about thirty pieces of dried pickled soya bean, again accused the headman of being about to take them to the Shan solders. The headman said that he had bought the food items for his own consumption, but the troops interrogated him and beat him repeatedly until he lost consciousness. The troops then searched his house and stole 1,560,000 kyat and a precious ring valued at 200,000 kyat. (Source: “A Village Headman Beaten Unconscious, Money and Valuables Stolen, in Murng-Nai,” SHRF Monthly Report, SHRF, January 2005)
On 2 October 2004, a patrol of about 50 SPDC troops came to Loi Aai village in Naa Khaan village tract, Murng-Nai Township, to camp for the night. Around 7:00 pm, they summoned the village headman and his deputy and said that they had information about Shan soldiers being harbored in the village. The villagers said that they had not seen any in the village and the matter was dropped. However, early the next morning, at about 4:00 am, the SPDC troops arrested Zin-Ta (male, age 45) in the village, a native of the village that had nothing to do with the Shan soldiers. The troops accused him of being a Shan soldier hiding in the village and interrogated, beat, and tortured him to make him say where the other Shan soldiers were. Zin-Ta repeatedly denied the charges. The troops then took him to a deserted (relocated) village, Pa Laai, and continued to interrogate and torture him. After 3 days and 2 nights, Zin-Ta heard the troops say they were going to kill him and ran away with his hands bound behind him. The troops shot at him, but missed and then lost track of him. (Source: “Arrest, Detention and Torture in Murng-Nai,” SHRF Monthly Report, SHRF, February 2005)
Murng-Paeng Township
On 22 April 2004, a patrol of about 45 SPDC troops from IB 43 led by commander Tin Nyo Win came to the house of Lung In Phome, village tract headman of Murng Pu Awn. They arrested him and accusing him of allowing Shan soldiers to keep arms in his house. After searching the house and not finding any arms, the SPDC troops interrogated the headman, beating and kicking him. Although the headman denied any knowledge of the arms, the SPDC troops extorted 200,000 kyat from him. They then ordered him to buy 2 viss (1 viss = 1.6 kg) of opium for them. If he could not provide the opium by the specified time, another 50,000 kyat of money would be extorted from him. As of July, the headman was still suffering from severe pain in his spine, had to lie down most of the time, and needed help to be able to move around. (Source: “Village Tract Headman Severely Beaten, Money Extorted, Murng-Paeng,” SHRF Monthly Report, SHRF, October 2004)
On 17 March 2004, civilian driver Lung Wi-Ma-La (male) from Murng Kawng village in Murng-Su Township and his passengers were stopped by a group of approximately 28 SPDC troops at a temporary checkpoint on the Murng-Su to Tang-Yarn road in Murng-Su Township. They were ordered to hand over 1,200,000 kyat. Lung Wi-Ma-La told them he did not have that much money as he only earned about 7-8,000 kyat per day. The SPDC troops then searched his car and found the driver’s and the passengers’ money hidden together, 1,350,000 kyat in all. The troops became angry at the perceived deception, took the money, and beat Lung Wi-Ma-La so severely that his right thighbone was broken. He was still under treatment and unable to walk when this report was received in May. (Source: SHRF Monthly Report, SHRF, June 2004)
Murng-Ton Township
On 10 August 2004, 80 SPDC troops from Murng-Sart-based LIB 333 and 70 troops from Murng-Paeng-based IB 43, led by commanders Aung Htun and Win Naing Oo respectively, gathered in Murng-Sart town and conscripted 20 civilian cars to go to Murng Jawt village in Murng-Ton Township. Those drivers who said that they did not have enough fuel were ordered to come to the front and line up. When 7 drivers had done so, a sergeant beat them several times with a stick, saying, “Don’t you know, it is an emergency? Why aren’t you prepared to serve the military?” The drivers then hurried to find fuel for their cars, borrowing money from their relatives to buy it from wherever they could get it, to avoid further abuse. They sustained several bruises from the beating. (Source: “Civilian Drivers Beaten During Forced Labor in Murng-Sart,” SHRF Monthly Report, SHRF, January 2005)
Nam-Zarng Township
On 4 April 2004 at 9:00 am, SPDC soldiers and police arrested Zaai Leng (male, age 31) from Kung Niu village in Wan Paeng village tract, Nam-Zarng Township. He was in Nam-Zarng town shopping for items for the Buddhist water festival. As it was also the Sabbath day, Zaai Leng went into a temple to worship. While he was lighting candles at the altar, a group of SPDC soldiers and police seized him, accusing him of trying to burn down the temple. The man in charge of the temple was present and Zaai Leng unsuccessfully plead his innocence. He was then taken to the police station at the No. 4 town quarter, beaten, tortured, and put in jail. Zaai Leng was eventually released, but only after 20,000 kyat of money was extorted from his father by the police. Zaai Leng sustained serious wounds in his head from the beating, including a fractured skull and a broken nose. He has since then become mentally disturbed, laughing and crying without knowing what he is doing, and must be taken care of by his parents. (Source: “A Man Beaten Until He Lost His Mind in Nam-Zarng,” SHRF Monthly Report, SHRF, October 2004)
On 14 August 2004 at around 8:00 pm, a captain in civilian clothes from battalion 209 assaulted a car driver, Mae Shwe Shwe, and the car owner, Mai Aiki, as they tried to go through the gate to their village in Namkham, Shan State. They had assumed he was the gatekeeper and asked him to open the gate. The captain threatened the men with his weapon for asking that a captain perform such a task and hit them both in the jaw. The following day, police fined Mae Shwe 1,500 kyat for disrespecting the captain. The gate, which is not legal and was erected by the army battalion, is used as a taxing mechanism for villagers entering and exiting the town. In 2001, a seriously ill woman from Man Aung village was brought to town for treatment, but soldiers at the gate refused them entry because it was night, and they had no money. As a result, the women failed to receive medical assistance in time and died. (Source: PYAN, 2004)
Tenasserim Division
Note: Mergui-Tavoy District is an area demarcated by the KNU as part of Karen territory. Mergui-Tavoy falls into SPDC demarcated Tenasserim Division and is under the patrol of the 4th Brigade of the KNLA. The SPDC does not recognize Mergui-Tavoy as an official district.
On 9 February 2004 at about 5:00 pm, 40 men from IB 224,led by the Column 2 commander entered Hle Seik village, on the Tenasserim-Moe Daung car road in Tenasserim Township, Mergui District. The next day they burnt down a house owned by Naw Ree, a 35-year-old widow. (Source: Monthly Human Rights Situation Report; Tenasserim Division, Mergui-Tavoy District Information Department, KNU, February 2004)
On 14 February 2004, Burmese soldiers from No. 12 Divisional Military Training Center, based near Pyicha village in Palaw Township, Mergui District, beat a villager named Saw Karuh Teh. His head was wounded from the beating. (Source: Monthly Human Rights Situation Report; Tenasserim Division, Mergui-Tavoy District Information Department, KNU, February 2004)
On 9 March 2004 at about 1:00 am, a group of Burmese soldiers led by Officer Zaw Minn from LIB 410 entered Pasawlaw (Michaunglong) village and arrested Saw K'tah and his son Saw Kaw Say. Saw K'tah was released the next day but Saw Kaw Say was tortured and taken to the battalion camp. On 13 March, the same group returned and detained Saw Bu Hpaw, accusing him of not reporting the activities of the Karen soldiers. They demanded 150,000 kyat and 1,500 roofing leaves for his release. (Source: Monthly Human Rights Situation Report; Tenasserim Division, Mergui-Tavoy District Information Department, KNU, March 2004)
On 30 May 2004, a group of soldiers from LIB 558 led by Lieutenant Soe Aung and based in Theindaw village, Tenassarim Township, captured Oo Kyaw Lwin and Oo Kyi Shwe, accusing them of contact with the KNU. They were tortured and beaten by Lieutenant Soe Aung, who then shot Oo Kyi Shwe in the head. Oo Kyi Shwe was taken to the Tenasserim hospital, but declared dead on arrival. (Source: Monthly Human Rights Situation Report; Tenasserim Division, Mergui-Tavoy District Information Department, KNU, June 2004)
4.7 Interviews
Interview #1
Source: AAPP
Date of Interview: June-August 2004
Name: Xxx Xxx (name withheld)
Sex: Male
Xxx Xxx, a student activist since 1986, has been arrested and detained three times by the Military Intelligence of Burma. The first time was on 18 March 1988, during the Phomemaw student demonstration, and he was held at Insein Prison for one week. He was arrested again on 4 August 1989 and was held for eleven months at Insein. He was arrested for the third time on 10 December 1991, and was released from Mingien Prison in April 2004.
“The first arrest...the riot police beat us and arrested the students. The students at Rangoon University were demonstrating on campus and the demonstration got so large that it spilled off campus. Near Inle Lake, the riot police and military cracked down by beating us with batons. Some of the guns were bayonets with sharp points. I escaped the confusion by diving into Inle Lake, and escaped. The riot police didn't catch me, but I met with another police group on the other side! They saw my longyi floating in the water as I was hiding behind some weeds. They called out, "Are you dead or alive?!" I didn't answer, but then they said, "If you are dead, we will shoot!" So I came out and yelled, "I'm alive!" They took me out of the water, and started beating me until a sergeant ordered them to stop.
“This first time I was detained, I was kept in a prison hall. I kept telling them during the interrogation that I was not involved in the movement. If we didn't answer correctly, we were beaten, made to kneel on gravel, or made to ride the "motorcycle", or ride the "plane". We had to pretend to ride a motorcycle, make the noises. The guards would order us, "Stop! Red light!" and we had to freeze, or, "Green Light!" and we had to pretend again to make the motor sounds. Many times. This is a kind of punishment. Another kind, is that we had to "jump like a frog" or "crawl like a crocodile". They make us do this until they are satisfied, if not, they will order us to do it again and again. They did this to the students, because we are so brave. I think they felt the need to treat us like children. I wanted to laugh; I preferred doing this to being beaten.
“The second time, I was returning from a ceremony I was leading, when I was arrested by army soldiers. They took us to the marching place, "Revolutionary Park". There SB and MI personnel came and questioned me. In the evening they blindfolded me and tied me up in the car with a small rope, coconut fiber, tied my whole body with my arms across my chest. On my head was a helmet, as if I were a soldier, so people could not recognize me. They took me directly to the Yeikyiai interrogation center at Insein jail.
“I was kept in ‘the Annex’, a special prison. I am the vice-chairman of DPNS (Democratic Party for a New Society) and they asked about my contact with BCP (Burmese Communist Party) and kept asking me if I was a Communist. I was not given any food. The interrogation period was two weeks long, and I was given food only three times, and water once or twice a day. I wasn't allowed to take a shower or even go to the toilet. It was miserable. I wasn't allowed to sleep. They would come to me in the middle of the night and question me. There was no regular time for sleep. There was only a little slit for ventilation, no window, they kept both the wooden and bar doors shut. I could tell the time of day from the light in the ventilation shaft. They did not use batons on me during this interrogation period, only fists. I had to stand a very long time in interrogation, there is no rest time. If they did not get a satisfying answer, they used an electric shock. Whenever I got a shock, I fell immediately to the floor. They did this to me twice, both times to my hands. Sometimes in punishment we were made to sleep on a hard and narrow bench. After I lay down on the bench, they tied me down, the whole body, with rope and then covered my face with a towel. They poured a lot of water on my face, ordinary water. It was very difficult to breathe. I thought I was going to die. They stopped, and then they asked again. If I could not answer, they poured water on my face again. At last they stopped. This happened only one time, if it happened again I would have died.
“We had very bad relations with the authorities, it was inhumane. There was no respect for us as human beings. At that time we were made to be very afraid of the authorities. They put us into a room and locked the door.
“Between the second and third arrest, an army official came to my house, pointed at me with his bayonet and took me to the army office. Some people had been putting political statements on town walls. Because I was involved in politics in that area, I was pointed out by the township headman, and they came for me.
“I was arrested at 2:00 am. They came into the house, and one of them stabbed me in the stomach while I was sleeping. The next day, they traced who was hanging the statements and I was released. I was kept only a day. I wasn't too hurt.
“10 December 1991, the day Daw Suu (Aung San Suu Kyi) won the Nobel Peace Prize. There was one commemoration at Rangoon University. At 11:15 pm, they broke my gate down. They brought the army, intelligence, and police to my house. A one-room house. They searched for documents in my house, but found nothing. There was no need to handcuff me because there were so many soldiers around, what was I to do?
“I was brought to the MI 12 office. There I spent two days, my eyes covered with a blindfold. They asked about my involvement in politics. There was no sleep time, but some food, because they already knew I was not involved in the strike. After two days I was moved to MI 7 by car. I fell down in the car. I arrived at MI 7 and they beat me, punched me and broke my ... with boots. They blindfolded me again and shackled and locked my legs. There were six holes for three people. I could not move. Once again, no sleep, food, or water. They gave me food once, but I could not eat. Blindfolded all the time, I was blind since I was arrested. I was there for two days, total time in the blindfold four days. Then I was moved to Aung Pa Bay, a SB training quarter in Mayanton Township. In there I was blindfolded and handcuffed in front. During the interrogation period, they cuffed me to the chair. I was not free. There was no food or water. I was locked by handcuffs to the chair or else made to stand up, so there was no time to sleep. For six days I did not sleep.
“They didn't want to torture me again, they already knew about my involvement in different movements. Once again no food, water, or sleep, blindfolded. Then I was brought to Insein's MI office, where I was interrogated again. They sent me to a cellblock room and gave me a prison meal, followed by two days of straight interrogation. Then I was sent back to MI 7, blindfolded and handcuffed. In MI 7 there was ‘dog food’ and no sleep time. I was forced to stand in a ‘K’ position with my hands up for seven days. If my head dropped down, they used bamboo to force my head back up. They did not ask about student movements, but if I had a relationship with a foreign embassy.
“On the seventh day, I asked the MI officer, if I could write my will. I could not stand the torture, I was going to commit suicide, and I wanted my family to have my will. After that I banged my head against the brick wall. I banged my head against the bricks three times very hard. After the third time I fell down and the officer came to try to control me. After an hour I was calmer, and they sent me to Insein Annex jail.”
Interview #2
Source: AAPP
Date of Interview: June-August 2004
Name: Yyy Yyy (name withheld)
Sex: Male
Yyy Yyy was 23 years old when he was arrested on his way home, on the evening of 18 June 1989. At that time he was an active member of DPNS and was involved in preparations for the upcoming democratic elections. He was charged under Article 10(a) of the State Protection Law, and later given another seven years imprisonment with hard labor for his participation in the 1996 prisoners’ movement. He served nearly fifteen years in prison, and was released on 20 February 2004.
“As I was walking home that evening, fifteen officers from the central MI met me at the top of my street. All of them were waiting there to arrest just one man, me. They hooded me and sat me on the floor of the arrest car. I was taken to Yeigiai Interrogation Center. I was still hooded when we arrived, and they ordered me to jump left, jump right, bend my head, and act as if there were many stairs even though it was a flat hallway. I think this is a type of mental punishment.
“At midnight, I was taken to an interrogation room. The interrogators asked me about the 21 Committee, which at that time was organizing a ceremony to commemorate the anniversary of the June 21 strike. They asked me detailed questions about who was involved and what they were doing. However, the intelligence officers already knew all about the 21 Committee, so they did not need my information. The main purpose of my arrest, it seemed, was not intelligence, but rather to prevent the planned commemoration ceremony from occurring by arresting those involved, such as myself.
“I was provided with enough food and water, but no shower; and when I went to the bathroom, I was supervised by a guard. But I do not feel that I was tortured then; I did not endure any abuse. I think that is because they didn’t actually care to get any information from me, they were simply interested in arresting me and detaining me so I couldn't participate in preparing for the ceremony.
“After seven days at Yeigiai, I was moved to Insein. They wrapped a blanket around my head and I was brought to a cell in the death sentence hall.
“After one month they moved me to different compound. There were four or five of us sharing one room, about 8x12 feet large, with one toilet plate in the room. We were allowed to leave the room for only fifteen minutes each day, for a shower and to walk around.
“On 25 September 1990, I participated in the prison strike. As punishment, I was taken hooded to a room, forced to lie down on the floor, and beaten by between five and seven guards. It was hard to tell since I could not see. They held down my hands and struck my hips and thighs with a baton for an hour. Then I was moved to a punishment cell in Block 2, where I had to sleep on the cement floor without a mat, and shower using just five platefuls of water.
“I was beaten whenever I was found with materials from outside the room, like a nail from the yard outside. Three-star officer Byone Cho would take a baton to my hips and thighs. I was allowed no direct contact with my family, but I did receive parcels from them containing food and clothes.
“I went to trial on 18 February 1992. I was sentenced to seven years under 5(g). Then I was tried again in March 1996 under the Emergency Provisions Act and 5(e) for publishing a university magazine. I thus got another seven years with hard labor.
“I was kept in solitary confinement for one year and six months, until 15 November 1997. I totally lost my voice from shouting, and even showered alone. There were no reading materials. During the time I was there, three people went crazy in solitary confinement: they started hearing voices threatening to kill them and their family. So in order to maintain my sanity, I meditated three times daily, one hour at a time. I did not think about yesterday or tomorrow, only the present moment. I was allowed only one supervised fifteen-minute visit with my family every two weeks. The supervisor wrote down everything we said, so we dared not speak our minds.
“On 15 November 1997, I was brought into a large room filled with prisoners. It was night time, and we were called out by name. Once our name was called we were moved to different parts of the camp and shacked. As morning came, we were loaded into police trucks and moved to Tharawaddy Prison.
“At Tharawaddy, I shared an 8x12 foot cell with three other prisoners. Between the four of us, we had to share two mats of 2x4 feet each, one water pot, and one toilet plate. But Tharawaddy's conditions are better than Insein's, the cell gates were kept open during certain parts of the day and we were free to walk around. It was more humane.”
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
| Table of Contents |