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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

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: html, pdf (296K)
Alternate URLs: http://www.khrg.org/sites/default/files/khrg12f2.pdf
Date of entry/update: 10 May 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.pdf
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