A/HRC/39/CRP.2
(b)
Findings
Arbitrary deprivation of liberty
226. The Mission received widespread and consistent accounts of individuals being
arbitrarily arrested and then detained by the Tatmadaw throughout the reporting period, and
from across Kachin and Shan States. Many individuals were detained for the purpose of
forced labour. The Mission also received reliable and consistent accounts of individuals being
arrested and detained after the Tatmadaw were attacked by EAOs, or during military
operations, because they were suspected of being a member or supporter of the
organization.390 Individuals were seemingly arrested simply because they were in the vicinity
of a recent attack, or because they were from a village near to the incident, and of the same
ethnicity as the group in question. This appeared to reflect a mentality that all individuals of
a given ethnicity supported the associated EAO. 391 For example, one victim from Mogaung
Township, Kachin State, who was detained for three days in August 2017, reported that
soldiers from the Tatmadaw repeatedly questioned him about who from his village was a
member of the KIA, refusing to believe him when he responded that the villagers were simply
“ordinary people”, with one of the members of the Tatmadaw insisting that “all Kachin men
are members of the KIA.”392
227. The victims of arbitrary arrest and detention included men393 and women.394 In some
cases men395 and village leaders were selectively targeted. 396 Children were also detained,
because they were themselves suspected, were subjected to forced labour, or were detained
with their mothers.397
228. The Mission received accounts of mass-arrests and detention.398 For example, during
intense fighting between the Northern Alliance and the Tatmadaw in Monekoe, Muse
Township, Shan State, more than 100 people were arrested on 20 November 2016 and
detained by the Tatmadaw in a military base.399
229. The Mission also received credible information indicating that the Tatmadaw has
detained individuals, primarily or partially, in order to extract bribes. 400 For example, one
male victim reported that he was arrested at a checkpoint while travelling from Hpakant to
Myitkyina, Kachin State in 2016 and asked for jade or money. He was kept overnight in a
tent serving as a makeshift lock-up before being released.401
Duration and perpetrators
230. In most of the accounts received, individuals were detained for several days.402
However, in some cases, individuals were detained for longer periods, of one month or
more.403 One victim from a village in Kyethi Township, Shan State, reporting being detained
for two years in a forced labour camp from 2015 to 2017.404
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
58
DI-060, DI-066, DI-067, PI-035, PI-044, PI-047, PI-058, PI-086, SI-004.
DI-066, PI-054, PI-059, PI-074, PI-075, PI-086.
PI-044.
DI-067, PI-059, PI-062, PI-075.
PI-058, PI-066, PI-086.
DI-063, PI-074, PI-084.
DI-067, PI-035, PI-111.
DI-071, PI-047, PI-063, QI-094, SI-003, V-055.
DI-066. See this chapter, section A.8: Emblematic incidents (Tanai).
DI-058, DI-060, V-056. See this chapter, section A.8: Emblematic incidents (Monekoe).
DI-064, DI-072, PI-011, PI-022.
DI-064.
One day or less: PI-029, PI-054, PI-058, PI-081. Two days; PI-033, PI-047, SI-004.
Three days: PI-044 PI-092, PI-083, PI-061. Four days: PI-021, PI-084, PI-095.
Six days: PI-006, PI-077.1 week: DI-067, PI-080.
15 days: DI-060.1 month: PI-011, PI-019, PI-079, PI-111. 2.5 months: PI-085. 6-7 months: PI-068.
PI-013.