A/HRC/39/CRP.2
the 2012 violence and the post-October 2016 security operations. Arrests were random, not
based on evidence or a warrant, often with male villagers arrested during a “sweep” of the
village. For example, following the June 2012 violence, credible reports suggest that more
than 1,000 persons were arrested and detained in northern Rakhine State 1269. Such mass
arrests may constitute collective punishment of the Rohingya population.
609. These patterns are fully in line with reports of the Special Rapporteurs on the situation
of human rights in Myanmar, the United Nations High Commissioner for Human Rights 1270
and others, who have invariably expressed concern about the issue. Other reports also suggest
that arbitrary arrest and detention has been a routine aspect of the life of the Rohingya
throughout the period under review and prior. One detailed study published in 2010 stated,
“The arbitrary detention of the Rohingyas is so prevalent as to be considered to have reached
industrial levels”.1271 Another study of a third of village tracts in Maungdaw over a three
month period in 2014 found an average of nearly 90 arrests per month. 1272 A second study in
2015 in northern Rakhine State found an average of approximately 330 arrests per month 1273.
610. A primary motivating factor of perpetrators is extortion. Nearly all such incidents
corroborated by the Mission involved either the payment of bribes to secure release, or
continued detention due to the non-payment of bribes1274. The practice was commonplace,
implemented by the NaSaKa, the BGP, the Myanmar Police Force, the LaWaKa, SaYaPa
(Military Intelligence) and the Tatmadaw. The amount of the bribes varied and sometimes
forced villagers to borrow large sums from neighbours. The economic impact has been
significant. One interviewee from Maungdaw Township stated:
When my father was arrested, my mother used to pay the military to get him released.
He would stay in detention for various lengths of time, depending on how fast my
mother would pay. The amount would vary greatly, and my mother would borrow
money from others to pay the bribe. Then, my father had to work to pay back this
money. They would arrest him without giving any reason. When we asked why he was
arrested, the response was that we were Muslims, we were “Kalar”.1275
611. In some instances the arrests were in relation to vague “offences”, including travel to
Bangladesh, possessing a mobile phone or Bangladeshi SIM card, or the collection of
firewood1276. One interviewee informed the Mission that his brother was detained for being
in possession of a mobile phone. His family could not pay the bribe asked by the police and
he remained in detention for seven months. 1277 It has also been suggested that persons who
were more affluent were targeted, as they could pay higher bribes.
612. Arbitrary arrest and detention were frequently associated with torture and illtreatment.1278 One interviewee described how he was arbitrarily detained in 2011, seemingly
in relation to his involvement in an appeal against the confiscation of the village graveyard
by the NaSaKa. He was repeatedly beaten with a large wooden stick. 1279 Deaths in custody
following arbitrary detention were also reported.1280
7.
Other forms of oppression
613. Rohingya face several other forms of oppression at the hands of the Myanmar
authorities, in particular the security forces. These include forced labour, confiscation of
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
144
K-076.46.
For example, A/HR/32/18.
Irish Centre for Human Rights, Crimes against Humanity in Western Burma: The Situation
of the Rohingyas (2010).
V-246.
K-076.
CI-064, CI-065, CI-082, CI-089, DI-009, DI-013, DI-020, DI-025, DI-054, DI-056.
DI-009.
CI-064, DI-025, DI-054.
DI-054.
CI-064, CI-065, CI-082, CI-089, DI-025, DI-056.
CI-065.
K-076.46; V-245.