A/HRC/39/CRP.2 388. The presence of landmines has a severe impact on the lives of civilians. Displaced persons have indicated that landmines were one of the concerns preventing them from returning to their places of origin. 860 For example, one individual from Namhsan Township, Shan State, explained the impact of landmines: There are many landmines planted on the route to my tea farm. There is no way to see them, you only know they are there after stepping on them. Villagers often die from stepping on them. My friend stepped on one and lost her leg. My father nearly stepped on one but he was lucky, it exploded just before he put his foot on it. The landmines make it dangerous for us to farm.861 3. Lack of recourse 389. Not only do victims and survivors live in a continuing state of insecurity and a constant fear, they also have also no recourse to justice. The very authorities that should protect them also fail at this level. The climate of impunity and its underlying causes it discussed in detail in Chapter VII (impunity and accountability). This section provides a brief overview of the experiences of victims and witnesses from Kachin and Shan States in this regard. 390. Many victims are too afraid to complain. If complaints are made, the default reaction appears to be of reprisal and attempts to silence rather than undertaking a genuine investigation. In cases that have been investigated, the process has often been flawed. (a) No possibility to file complaints 391. Individuals who escaped after having been detained and in many cases subjected to torture, ill-treatment, sexual violence or attempted murder by the Tatmadaw, frequently told the Mission that they were too afraid to return to their villages, let alone to file official complaints.862 This concern was particularly apparent in cases where the Tatmadaw had retained the individual’s identity document. 863 This fear was not unfounded as many were later told by family members that the Tatmadaw had come and looked for them after they had escaped.864 In some cases, the Tatmadaw had also threatened or beaten family members of those who had fled.865 For example, one victim from Puta-O Township, Kachin State, reported that after being sexually assaulted by a soldier in 2012 she did not return home but the soldier went looking for her there: I was walking back from another village when a soldier pulled me into the jungle. He put his hand over my mouth to stop me from screaming, he beat me and touched my body. An elderly man passing by heard the commotion and told the soldier to leave me alone. I ran away but was too afraid to go back home so I stayed with an elder in my village. The next day the elder went to see my parents, they said the soldier had been to my house looking for me. He had beaten my parents and taken my ID card from them. Because of this, I had to leave my village.866 392. Many victims therefore decided to leave the country following their escape from detention.867 393. Individuals who did return to their villages, as well as family members of individuals who had been killed or who had witnessed killings, told the Mission that they did not complain as they were afraid to do so.868 This fear is not unfounded given that reprisals have 860 861 862 863 864 865 866 867 868 PI-103, SI-002, SI-003. PI-094. PI-078, PI-079, PI-084, PI-085, PI-089. PI-006, PI-007, PI-011, PI-029, PI-040. PI-066, PI-067, PI-077, PI-078. PI-007, PI-068, PI-096. PI-007. PI-006, PI-029, PI-033, PI-062. DI-057, DI-068, PI-041, PI-070. 95

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