A/HRC/39/CRP.2
1108. The Mission also received credible information that from January 2017, “special
courts” at the Township and District levels were opened at Myo Thit Taung Ward in
Buthidaung Town to try the cases of persons detained in connection with the 9 October 2016
attacks. It is reported that warehouse buildings were transformed into temporary detention
facilities during the hearings period, and into courtrooms for the trials. It remains unclear
whether the “special courts” were established by law and officially gazetted and if this
process was completed before trials were initiated. 2480 In January 2017, detainees in
Buthidaung prison were reportedly transported to these “special courts” where expedited
trials were conducted. Detainees were reportedly not represented by lawyers nor had access
to lawyers during the expedited trials.2481
1109. It is alleged that by January 2017, 500 detainees had been tried and sentenced in these
special courts, and many of those tried were sentenced to death or life imprisonment. 2482 The
Mission notes the lack of clarity regarding whether procedural guarantees were provided,
including the presumption of innocence, and the right to review by a higher court. Other
credible reports indicated that that children as young as 10-year old were arrested and
charged.2483 There are also multiple credible reports of Rohingya deaths in custody in
connection with these arrests and detentions. 2484
Sexual and gender-based violence
For more than a year, we could not sleep in our houses because the military was
coming frequently and arresting people, extorting money and taking women.2485
1110. In the months before the “clearance operations” of 25 August 2017, women and girls
were raped, gang raped and subjected to sexual slavery across the three townships of
Maungdaw, Buthidaung and Rathedaung. Sexual and gender-based violence by soldiers
increased after 9 October 2016, with soldiers visiting villages more frequently and either
raping women in their homes or taking them to military bases, where they were raped and
gang raped.2486
1111. For example, in Kyet Yoe Pyin village, Maungdaw Township, one survivor estimated
that more than 100 females were raped. She stated that she used to hide her daughters
whenever soldiers came.2487 Similarly, a witness from Hpon Nyo Leik village, Buthidaung
Township, described soldiers visiting around twice a week to take women, who were then
raped.2488 In another village, up to 15 women were estimated to have died after excessive
bleeding from rapes.2489 A 20-year old female survivor from Thet Oo Chaung, Maungdaw
Township, described how Tatmadaw soldiers came to her village in March 2017 and she was
gang raped by three to four Tatmadaw soldiers in her house. 2490 In Koe Tan Kauk village,
Rathedaung Township, sexual assaults on women were common and some of the women and
girls taken to military camps did not return. 2491
2480
2481
2482
2483
2484
2485
2486
2487
2488
2489
2490
2491
262
K-076.36, K.076.38,
Ibid.
K-076.37.
QI-107, K.076.36, K.076.38, V-257. See also: Ministry of Information, “Child detainee hospitalised
for 2nd time” (3 February 2017), http://www.moi.gov.mm/moi:eng/?q=news/2/03/2017/id-10083
K-076.41, V-215, See also, Special Procedures Communications to the Government of Myanmar, UA
MMR 3/2017, (11 July 2017) and UA MMR 4/2016, (21 October 2016),
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23089;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22815
LI-117.
CI-105, CI-119, CI-133, CI-145, EI-094, LI-004, LI-045, LI-059, LI-077, LI-117, QI-063, QI-105,
QI-114.
CI-105.
LI-077.
LI-004.
EI-041.
CI-119, LI-045, XI-001.