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Martial law decrees, States of Emergency etc.

  • Martial law decrees, States of Emergency etc. (commentary)

    Individual Documents

    Title: BURMA: President too quick to proclaim state of emergency
    Date of publication: 23 March 2013
    Description/subject: "The Asian Human Rights Commission has been following with concern news of the latest outbreak of communal violence in Burma. Although the circumstances of how the violence began are clouded, the president on 22 March 2013 declared an indefinite state of emergency over four townships of Mandalay Region--Meikhtila, Wundwin, Mahlaing and Thazi--after the imposition of an order under section 144 of the Criminal Procedure Code on March 20 to shut down businesses until the situation improved failed to quell growing conflict that has officially left eleven people dead. Eyewitness accounts put the number of dead possibly in the dozens, with many people besides injured. It would be disingenuous of the authorities in Burma to describe the violence as unexpected. Throughout the latter part of 2012, they permitted demonstrations by thousands of persons calling for the expulsion from the country of Muslims in the west alleged to have entered illegally. At that time, a number of reprise attacks occurred against targets in other parts of the country, although these did not spread widely and attracted little media attention. Yet now the response has been, as previously, to react with the introduction of a state of emergency as if confronted with an event that was wholly unexpected, for which the authorities had not been prepared..."
    Source/publisher: Asian Human Rights Commission (AHRC)
    Format/size: html
    Date of entry/update: 23 March 2013

    Title: A law in force and its effects
    Date of publication: 15 August 2009
    Description/subject: Commentary on the status of laws enacted under the 1974 Constitution
    Author/creator: A Lawyer
    Language: English
    Source/publisher: "The New Light of Myanmar"
    Format/size: pdf (19K)
    Date of entry/update: 15 August 2009

    Title: Burma's State Protection Law: An Analysis of the Broadest Law in the World
    Date of publication: December 2001
    Description/subject: Forword by H. E. U Thein Oo, Minister of Justice, National Coalition Government of the Union of Burma.... Contents: Foreword by H.E. U Thein Oo; Introduction; The Constitutional Period, 1948-1962; Military Rule, 1962-1974; Military Rule, 1974-1988; Military Rule, 1988-1997; Military Rule, 1997 to date; The State Protection Law of 1975: Articles 1 and 2: Name and Definitions; Articles 3 to 6: State of Emergency; Articles 7 to 9: Restrictions of Rights; Articles 10 to 15: Preventive Detention; Article 16: No Real Provisions for Review; Articles 17 and 18: Reporting; Articles 19 to 21: Appeal; Articles 22 to 24: General Provisions; State Protection and Preventive Detention; Is Burma Changing Towards Rule of Law?; Conclusion.
    Author/creator: P. Gutter and B.K. Sen
    Language: English
    Source/publisher: Burma Lawyers' Council
    Format/size: pdf (255K)
    Date of entry/update: 2001

    Date of publication: August 1989
    Description/subject: "Since January 1989, especially since March and again in June and July, the tempo of political arrests has accelerated in Myanmar as the main student groups and political parties have organized more frequent and larger gatherings at which opinions increasingly critical of the authorities have been voiced. In a document made public on 14 July 989. Myanmar (Burma): Call for Dissemination and Enforcement of International Standards on the Use of Force, Amnesty International expressed the hope that martial law restrictions on civil liberties currently imposed by the armed forces in Myanmar would not be enforced through the deliberate killing of demonstrators, contrary to international standards on the use of force and the right to life. On 17 and 18 July 1989 the martial law administration empowered the military to impose death sentences on political opponents, including people not accused of violence, through summary judicial procedures that fall short of international standards for fair trial and are contrary to the safeguards enshrined in the Myanmar Judicial Law. These deficiencies include allowing the death penalty for non-violent, not clearly criminal or else only minor offences, elimination of the right of appeal to a higher court and apparent curtailments of the right to a defence, particularly as regards the calling of defence witnesses. The new martial law provisions could lead to arbitrary executions and Amnesty International has called on the authorities not to execute three political prisoners sentenced to death under them on 27 July 1989 The three are accused of involvement in a terrorist bombing. They have 30 days in which to ask the Myanmar armed forces Commander-in-Chief to review their sentences. Unless he orders their reprieve, they will be hanged..."
    Language: English
    Source/publisher: Amnesty International (ASA 16/15/89)
    Format/size: pdf (71K)
    Date of entry/update: 19 August 2005