A/HRC/39/CRP.2
231. In nearly all accounts, Tatmadaw soldiers were identified as the perpetrators of
arbitrary arrests and detention.405 The Mission also received credible accounts of militias
participating in arrests and detention alongside members of the Tatmadaw.406 Accounts were
also received of the SaYaPa intelligence officers being responsible.407
Lack of compliance with procedural safeguards
232. The Mission amassed a consistent body of information drawing a pattern of civilians
being detained in locations not officially recognised as places of detention, both in the context
of forced labour and because they were suspected of links with ethnic armed organizations.
Detained individuals were often kept in military bases or camps, 408 sometimes in makeshift
lock ups,409 and in SaYaPa offices.410 Other places of detention included houses411 and
monasteries412 or in multiple locations in forest areas for example during forced labour
portering.413 In some cases, victims were initially held in the location where they were
arrested and then moved to military camps or SaYaPa offices. 414
233. The Tatmadaw also systematically detained individuals in these unofficial places of
detention without compliance with procedural safeguards. Victims consistently told the
Mission they were not informed of the reasons for their arrest. 415 For example, a female victim
reported how she was arrested, together with her two children, without being given reasons,
in Mogaung Township, Kachin State, in August 2017:
There was fighting between the Tatmadaw and the KIA. We ran away and when we
came back to the village there were soldiers everywhere. I was arrested with my two
children. I was taken to a primary school and put in a classroom with a guard. They
did not give us any reasons, they just locked us in all day. In the evening they took us
to the forest, and two days later they let us go.416
234. Most victims were held incommunicado without being able to inform their families
of their location, had no access to a lawyer and were not brought before a court. 417
235. In some cases, individuals arrested and detained for suspected links to armed groups
were eventually brought to court and charged, usually under the Unlawful Associations
Act.418 However, in these instances this was after a period of being detained incommunicado
in unofficial places of detention. 419 For example one individual from Waingmaw Township,
Kachin State, reported how her relative was arrested and held on a farm before being
transferred to a Police Station:
In 2016, my relative was on the way to farm crops when he was arrested by the
Tatmadaw. A friend told me they saw him tied-up with guns pointed at him. The
soldiers were saying that he was a member of the KIA and my brother was denying
this. The soldiers asked for 3,000 Kyat in exchange for his release. We tried to gather
the money but they said it was taking too long so they took him to a farm nearby. Then
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
PI-006, PI-011, PI-020, PI-021, PI-026, PI-062, PI-068, PI-074, PI-089, PI-096.
PI-054, PI-056, SI -004.
PI-052, PI-055, PI-056.
DI-067, DI-058, DI-060, PI-006, PI-020, PI-061, PI-062, PI-066, PI-067, PI-068, PI-078, PI-079,
PI-084.
DI-064, PI-011.
PI-052, PI-055, PI-056.
PI-053, PI-075, SI-004.
PI-056, PI-074, PI-076, PI-111.
PI-047, PI-080, PI-085, PI-095, PI-096.
PI-035, PI-052, PI-056.
PI-011, PI-019, PI-047, PI-054, QI-080.
PI-047.
DI-067, PI-006, PI-035, PI-044, PI-077, PI-080.
See this chapter, section A.C: Lack of recourse.
PI-022, PI-052, PI-055, PI-056, PI-109.
59