A Licnese to Torture ?
3. Arrested, Tortured, and Injured:
Here, an individual is arrested and subjected to torture, resulting in physical injuries.
The intention behind the torture could be punishment, extraction of information, or
inflicting pain as a means of control. The injuries sustained during the torture might
range from bruises and cuts to severe physical trauma, potentially leading to long-term
health consequences or disabilities.
4. Arrested, Tortured, and Death:
In this distressing scenario, an individual is arrested and subjected to torture, which
ultimately results in their death. The torture may be inflicted with the intent to kill or
through the use of excessive force, causing fatal injuries. Such acts represent the most
severe violation of human rights.
5. Arrested, Tortured, and Disappeared:
This scenario involves an individual or group of people who were arrested, subjected
to torture, and then forcibly disappeared. Forced disappearance refers to the practice
of authorities taking individuals into custody without legal protection, denying
acknowledgement of their whereabouts or fate. The torture may be used to extract
information or control the individual before their disappearance, making it nearly
impossible for family members or the public to ascertain their fate.
2.2
Case Analysis
2.2.1 Violence During Unlawful or/and Arbitrary Arrests
Shortly after the beginning of the attempted coup, the security forces of the military
junta dramatically stepped up their efforts to identify and track politicians, political
activists, human rights defenders, independent journalists, Civil Disobedience Movement
campaigners and members, and social influencers from different industries supporting
CDM. In addition to this, the junta troops also aggressively attempted to stifle any form
of peaceful protests against the coup and junta, leading mass civilians to arbitrary
arrest that is most often seen as a precursor to torture and other forms of ill-treatment.
24
Police officers are obligated to identify themselves in case of detaining someone on
a legal ground according to international standards.23 When it comes to legal arrest
according to the national legal framework, police personnel shall read and explain the
charges against the accused according to Section 210; not use excessive force or undue
restraint when arresting the accused according to Section 50; not use force if the
person does not resist when arrested according to Section 46 of the Code of Criminal
Procedure of Myanmar.
23
UN Body of Principles for All Persons Under Any Form of Detention and Imprisonment, Art
Equality Myanmar