A/HRC/39/CRP.2
and dripped hot wax onto our penises. Five men died from the torture. Of the
remaining 20 men, 18 were able to pay a huge amount to be released. 2469
1103. Villagers from Pa Da Kar Ywarmin gyi Thit, Maungdaw Township, described how,
after 9 October 2016, the police would visit their village regularly and arrest men at night.
Police accused the men of being part of ARSA and demanded payment for their release. 2470
1104. Given that those “arrested”, apparently for having collaborated with ARSA, were
regularly released on payment of bribes, the Mission considers that in many cases the arrests
were without legal or factual basis. Rather, it was a tactic employed by Myanmar security
forces to oppress, abuse and extort from Rohingya. As one Rohingya witness commented:
“To the authorities you are a bad person unless you can pay, then you are good”. 2471 It may
explain why the wealthiest were often targeted. However, this extortion had a
disproportionate impact on poorer members of the community and others who could not pay.
1105. In some cases, detainees have not been seen again. 2472 In May or June 2017, a large
group of Tatmadaw soldiers detained six or seven men from Gudar Pyin, Buthidaung
Township. The group included an Imam and religious scholars. According to one
interviewee, the soldiers brought a list of names of men they were looking for, and sought
the assistance of the ethnic Rakhine village chairperson to identify them. 2473 The whereabouts
of the men remains unknown.2474 The number of people who have disappeared in this manner
is difficult to estimate. Some think their family members may have been transferred to Sittwe
or Buthidaung prison and may have been charged or sentenced for alleged involvement with
ARSA. Others suspect they were killed. 2475
1106. Some people do appear to have been charged and sentenced for the ARSA attacks of
2016, and Rohingya villagers provided information on relatives having been arrested and
charged for such acts.2476 However, reliable or accurate information remains scarce. One
interviewee from Myin Hlut, Maungdaw Township, said that, on or around 14 October 2016,
the police and military came to his village and searched houses. He ran into the hills with
other villagers, but a businessperson and a teacher were detained. According to the
interviewee, they were later sentenced to 10 and seven years imprisonment respectively,
although he had no information about the charges or trials. 2477
1107. The government initially reported that 575 persons were detained and charged in
connection with the attacks.2478 No information was provided on the charges applied against
those detained and if all had been formally charged with an offence. A judgment issued by
Buthidaung Township’s court, dated 8 February 2018, listed 416 people tried in relation to
the October and November 2016 events under sections 17/1 and 17/2 of the Unlawful
Associations Act. Of the 416 people, the judgment indicates that 392 were convicted and 24
acquitted.2479
2469
2470
2471
2472
2473
2474
2475
2476
2477
2478
2479
QI-103.
CI-144, LI-074.
QI-114.
CI-111, LI-002; United Nations Office of the High Commissioner for Human Rights, “FLASH
REPORT: Report of OHCHR mission to Bangladesh Interviews with Rohingyas fleeing from
Myanmar since 9 October 2016”, 3 February 2017.
YI-014.
LI-063, YI-013, YI-015, YI-016.
LI-002, LI-116.
CI-189, LI-104, QI-111, RI-008.
QI-111.
State Counsellor’s Office, “470 suspects still under investigation in northern Maungtaw attacks.
|http://www.statecounsellor.gov.mm/en/node/481. According to the report, of the 575 detained on
suspicion of their participation in the 9 October 2016 attacks and subsequent violence, 88 were
sentenced, 11 were released, and six died in detention. It further noted that470 suspects remained
under investigation.
K-166.
261