Detentions, Trials, Independence of the Judiciary
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Detentions, Trials, Independence of the Judiciary: resources
Individual Documents
| Title: | | The Torture Reporting Handbook |
| Date of publication: | | February 2000 |
| Description/subject: | | "The Torture Reporting Handbook is a reference guide for anyone who wishes to know how to take action in response to allegations of torture or ill-treatment. It explains simply and clearly how the process of reporting and submitting complaints to international bodies and mechanisms actually works, and how to make the most of it: how you might go about documenting allegations, what you can do with the information once it has been collected, how to choose between the various mechanisms according to your particular objectives, and how to present your information in a way which makes it most likely that you will obtain a response..." |
| Language: | | Arabic, Chinese, English, French, Portuguese, Russian, Spanish, Turkish |
| Source/publisher: | | The Human Rights Centre, University of Essex |
| Format/size: | | Various formats, e.g. English pdf (790K) |
| Date of entry/update: | | 02 February 2010 |
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Laws which have been used in political cases
Individual Documents
| Title: | | The Electronic Transactions Law (SPDC Law No. 5/2004) |
| Date of publication: | | 30 April 2004 |
| Description/subject: | | The Union of Myanmar:
The State Peace and Development Council -
The Electronic Transactions Law
(The State Peace and Development Council Law No. 5/2004)...
The 12th Waxing of Kason 1366 M.E.
(30th April, 2004) |
| Language: | | English |
| Source/publisher: | | SPDC |
| Format/size: | | html (46K) |
| Date of entry/update: | | 02 May 2004 |
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| Title: | | The Computer Science Development Law (SLORC Law No. 10/96) |
| Date of publication: | | 20 September 1996 |
| Description/subject: | | "The State Law and Order Restoration Council Law No. 10/96
The 8th Waxing of Tawthalin, 1358 M.E. (20th September, 1996).
The State Law and Order Restoration Council hereby enacts the following Law: -
CHAPTER 1: Title and Definition.
1.This Law shall be called the Computer Science Development Law.
2.The following expression contained in this Law shall have the meanings given hereunder..." |
| Language: | | English |
| Source/publisher: | | The State Law and Order Restoration Council |
| Format/size: | | pdf (52K) |
| Date of entry/update: | | 03 June 2003 |
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| Title: | | Law relating to Forming of Organizations (State LORC Law No. 6/88 of Sept. 30, 1988) |
| Date of publication: | | 30 September 1988 |
| Description/subject: | | The State Law and Order Restoration Council hereby enacts the following Law—
Chapter I Title and Definitions
1. This Law shall be called the Law relating to Forming of Organizations.
2. The following expressions in this Law shall have the following meanings--
(a) an organization means an association, society, union, party, committee, federation, group of associations, front, club and similar organization that is formed with a group of people for an objective or a programme either with or without a particular name.
(b) a political organization means an organization that has a political movement based upon a certain political ideology..." |
| Language: | | English |
| Source/publisher: | | SLORC |
| Format/size: | | html (13K) |
| Alternate URLs: | | http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml88_06.html |
| Date of entry/update: | | May 2003 |
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| Title: | | State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts) - Burmese |
| Date of publication: | | 05 February 1975 |
| Description/subject: | | Pyithu Hluttaw Law No. 3, 1975. "The People’s Assembly enacts the following Law in order
to prevent the infringement of the sovereignty and security of the Union of Burma against any
threat to the peace of the people, and against the threat of those desiring to cause subversive
acts causing the destruction of the country, without impeding citizens’ fundamental rights..." |
| Language: | | Burmese |
| Source/publisher: | | Pyithu Hluttaw |
| Format/size: | | pdf |
| Date of entry/update: | | 2001 |
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| Title: | | Habitual Criminal Offenders Act (1961) |
| Date of publication: | | 27 March 1961 |
| Language: | | Burmese/ ျမန္မာဘာသာ |
| Source/publisher: | | Government of the Union of Burma |
| Format/size: | | pdf (1.5MB) |
| Date of entry/update: | | 28 May 2012 |
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| Title: | | The Control of Imports and Exports (Temporary) Act [Burma Act LVI, 1947] |
| Date of publication: | | 30 September 1947 |
| Description/subject: | | Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Immigration Act and the Unlawful Associations Act, has been used against video journalists. |
| Language: | | English |
| Source/publisher: | | Government of Burma |
| Format/size: | | pdf (70K) |
| Date of entry/update: | | 03 June 2011 |
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| Title: | | The Burma Immigration (Emergency Provisions) Act, 1947 |
| Date of publication: | | 13 June 1947 |
| Description/subject: | | [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists |
| Language: | | English |
| Source/publisher: | | Govt. of Burma ("The Burma Code" Vol. I) |
| Format/size: | | pdf (81K) |
| Date of entry/update: | | 03 June 2003 |
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| Title: | | The Burma Official Secrets Act |
| Date of publication: | | 02 April 1923 |
| Description/subject: | | [INDIA ACT XIX, 1923] (2nd April, 1923) |
| Language: | | English |
| Source/publisher: | | Government of the Union of Burma |
| Format/size: | | pdf (48K) |
| Date of entry/update: | | 12 December 2008 |
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| Title: | | THE EXPLOSIVE SUBSTANCES ACT |
| Date of publication: | | 08 June 1908 |
| Language: | | English |
| Source/publisher: | | Government of the Union of Burma (Burma Code Vol. II) |
| Format/size: | | pdf (181K) |
| Date of entry/update: | | 28 May 2012 |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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Labour camps
Individual Documents
| Title: | | Graveyards, Not Labor Camps |
| Date of publication: | | August 2007 |
| Description/subject: | | Torture, mistreatment, lack of international oversight have turned Burma’s prison labor camps into death traps...
"For some prisoners in Burma, especially military officers imprisoned for corruption, murder or drug charges, sentences to labor camps can be easier than life in a prison cell. The majority of other prisoners, however, find that assignment to a labor camp can amount to a death sentence.
Burma operates 91 labor camps in areas across the country, including the Kabaw Valley (western Burma), Taungswun/Mupalin quarry in Mon State, Twante Camp near Rangoon, Bokpyin Camp in Tenasserim Division and the New Life camps, according to a government Web site.
The thousands of prisoners in these camps are used to build Burma’s highways, dams, irrigation canals, special agricultural projects, and in working rock quarries. But their lives are subject to the whims of their jailers..." |
| Author/creator: | | Bo Kyi |
| Language: | | English |
| Source/publisher: | | "The Irrawaddy" Vol 15, No. 8 |
| Format/size: | | html |
| Date of entry/update: | | 02 May 2008 |
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The trial of Daw Aung San Suu Kyi et al (May-June 2009)
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The trial of Daw Aung San Suu Kyi et al - relevant legislation (commentary)
Individual Documents
| 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 |
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| 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 |
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