A License to Torture ?
reported, recalled his encounter at the hands of Military Intelligence; that Aside from
having his feet in shackles and his hands tied with rope, he was beaten and kicked during
his initial interrogation. Following that, he was blindfolded and electrodes were attached
to his toes while he received repeated electric shocks. 13 He was detained “without trial
for almost four years”.14 The Myanmar military also practiced torture against the ethnic
civilian population in a systematic and widespread manner, sometimes as a collective
punishment for engaging in insurgent groups as the regime’s “counter-insurgency”
operations and activities escalated. Even at the time of the so-called transition whereby
national reconciliation between political opposition and the military regime was
implemented, ethnic communities belonging to sustained armed resistance groups
were vulnerable to arbitrary and systematic torture and ill-treatment.15
Throughout history, the use of torture in interrogation centers, detention centers and
prisons significantly escalated right after the 1988 pro-democracy uprisings, which were
violently cracked down by the military successor of the Burmese Socialist Programme
Party regime. The State Law and Order Restoration Council (SLORC) and State Peace
and Development Council (SPDC), as successive military regimes described themself
at separate times, unlawfully arrested several politicians, activists and students then
employed various forms of torture especially physical assault during interrogation
and prison. In November 1995, a group of 29 prisoners were subjected to “severe and
prolonged ill-treatment as a punishment” for their attempt to send a letter about prison
conditions to the United Nations.16
Under the military-drafted 2008 Constitution, the so-called democratization process,
which included releasing political prisoners - a term the State Order Restoration Council
and the State Peace and Development Council never accepted - including Daw Aung
San Suu Kyi and student union leaders, was implemented. Independent organizations
still documented the Myanmar military’s atrocities, especially in ethnic minority areas.
A 17-year ceasefire was ended by the resumption of fighting between the Kachin
Independence Army (KIA) in 2011. Since then, regime forces have been committing
arbitrary arrests, torture, extrajudicial executions, and enforced disappearances,
clearing civilian communities and displacing people across Kachin State and northern
Shan State17 while they have not ended atrocities and human rights abuse in other ethnic
States including Karen State.18
As a result of the Rakhine State Riots in 2012 and the Rohingya Genocide in 2017, the
Rohingya people have been subjected to massacres, mass murders, arbitrary killings,
13
Amnesty International, Myanmar: The Institution of Torture, 2000
14
Ibid
15
Fortify Rights, I Thought They Would Kill Me: Ending Wartime Torture in Northern Myanmar, June 2014
16
Amnesty International, Myanmar: The Institution of Torture, 2000
17
Fortify Rights, I Thought They Would Kill Me: Ending Wartime Torture in Northern Myanmar, June 2014
18
Karen Human Rights Group, Foundation of Fear: 25 Years of Villagers’s Voices from Southeast Myanmar, 2017
Equality Myanmar
15