A/HRC/39/CRP.2
been carried out against some individuals who have complained,869 and given that many
victims or their family members are located in rural and insecure areas often in continued
close proximity to perpetrators. Some victims or witnesses indicated that they did not know
how to file complaints or there was no one to complain to.870 Others said they felt there was
no point in complaining.871 For example, one individual from Loilen Township, Shan State,
whose father was killed told the Mission that he did not file a complaint as “the government
does not care about us and the Tatmadaw is abusive. There is no point in filing a complaint
– there is no justice.”872 In some cases a combination of reasons are given. One individual
from Kutkai Township in Shan State whose son was killed by the Tatmadaw in March 2017
said “I did not complain. I do not have any money and I didn’t know how. I was also
afraid.”873 Another told the Mission that she was not aware that forced labour was a violation
until she left the country.874
394. Several individuals told the Mission that they had not shared their story with anyone
else.875 For example, a village administrator from Muse Township, Shan State, whose village
was attacked by the Tatmadaw in one incident and villagers killed in another, stated:
After the attack happened in 2016, I didn’t share the story with anyone. Nobody else
in the village shared the story either. We didn’t receive threats from the Tatmadaw
but we just understood the situation. When the members of my village were killed in
2017, I felt sad, but nobody lodged any complaints then either. We are afraid. As
village administrator, I had gone to ask compensation in the past but was told “go
and ask compensation from the rebel groups, not from us. 876
(b)
Reprisals for speaking out
395. Where individuals did dare to speak out about violations committed in Kachin and
Shan States, the Mission was provided with numerous examples of the police or Tatmadaw
bringing, or threatening to bring, 877 court cases against them under a range of problematic
legal provisions.878 In a number of other cases brought to the attention of the Mission, 879 the
Tatmadaw’s response to alleged violations, has been to assert, often without any
investigations, that the individuals were either killed by EAOs, or were fighters of these
organizations and therefore legitimately killed. Based on such assertions, the Tatmadaw
brings cases for defamation of the image of the Tatmadaw, or under the Unlawful
Associations Act, against individuals alleging Tatmadaw responsibility for the deaths. This
is particularly problematic given that the Mission has found a pattern of individuals being
killed while in Tatmadaw custody and given information indicating that the Tatmadaw
portrays or disguises civilians that were killed as members of EAOs, such as by making them
wear the uniforms of EAOs.880
396. A well-known example is the case of Brang Shawng, who was convicted of making
“false charges,” under section 211 of the Penal Code on 13 February 2015 and sentenced to
a 50,000 Kyat fine or six months in prison. He alleged his daughter had been shot and killed
by the Tatmadaw on 13 September 2012 in Sut Ngai Yang village, Hpakant Township,
Kachin State and wrote a letter to the Myanmar National Human Rights Commission calling
for an investigation.881 Another individual from Kachin State, told the Mission that after her
869
870
871
872
873
874
875
876
877
878
879
880
881
96
DI-062, PI-070, QI-090.
Ibid.
PI-041, PI-082.
PI-082.
PI-070.
PI-058.
DI-057, DI-058, DI-062, DI-063, PI-117.
DI-057.
A/HRC/37/70; K-139, PI-037, PI-038, PI-102, PI-106, V-206.
See chapter VI, section A.2: Intimidation and reprisal for engagement with the United Nations.
K-139, PI-037, PI-106.
See this chapter, section A.2: Unlawful killings.
A/HRC/28/72, PI-105, V-208.