A/HRC/39/CRP.2
Commander stated she was detained and would be released the next day, but she did not
appear. Letters were sent to the Kachin State Chief Minister, copied to several other
authorities,461 and a habeas corpus petition brought before the Supreme Court in 2012. The
Supreme Court rejected the petition based on a case file from an investigation carried out by
the Northern Regional Command’s Base Strategic Operation Command located in Moe
Meik.462 The Myanmar Government responded to a communication from the Special
Rapporteur on Myanmar and other special procedures mandate holders in 2013, stating that
personnel from the military post “did not carry out any activities whatsoever outside their
camp”.463 However, in a documentary film released in 2015, a soldier from the military camp
in question, who was detained by the KIA, stated that the soldiers had left their camp looking
for food and had encountered Sumlut Roi Ja, and that their commanding officer had falsely
told the Northern Command that they had not left their camp.464 No new investigations have
been conducted and her fate remains unknown. 465
250. The lack of compliance with procedural safeguards for detention which should protect
against disappearances (see above) meant family members were frequently unaware of the
whereabouts of their detained relatives until they escaped, were released or were transferred
to official places of detention, which in some cases was weeks or months later. 466 In other
cases, individuals arrested by the Tatmadaw never returned and their families do not know
their fate.467 For example, one woman from a village in Tanai Township, Kachin State,
reported that her husband disappeared after he went gold mining in January 2014. She was
told by witnesses that he was detained by the Tatmadaw in April 2014 and taken to do forced
labour, but he has not been heard from since. 468 A victim arrested by the Tatmadaw in
Monekoe, Muse Township, Shan State in November 2016, and later released, told the
Mission, “I was worried that if I die here, my family would not even find my body”.469 Other
individuals reported being arrested alongside family members, but leaving them behind when
they managed to escape detention and never hearing from them again. 470
251. The Mission also received accounts of cases where individuals were detained by the
Tatmadaw and, after family members searched for them, were found dead, often buried, and
sometimes with ropes binding their wrists.471 In two cases reported to the Mission, Tatmadaw
solders were reportedly later found to be responsible for the killings.472 The Mission has also
received credible reports of the Tatmadaw committing killings of multiple individuals at the
same time and the discovery of graves containing the remains of a number of individuals. 473
These and other accounts received by the Mission point to a pattern of intentional concealing
of the remains of individuals who are killed during detention. 474
252. In some cases family members or persons associated with disappeared individuals
submitted complaints to the authorities about the disappearance.475 However, others did not.
One individual told the Mission of being too afraid to complain, and it is likely that many in
this situation shared the same fears. 476 These fears are not unfounded given the numerous
cases verified by the Mission where the Tatmadaw threatened or brought legal charges
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
K-138.3.
K-138.2.
Letter from the Permenant Mission of the Republic of the Union of Myanmar to the United Nations
Office andother International Organizations in Geneva, 16 March 2013, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=82270
K. McLeod/DVB Multimedia Group, “The Disappearance of Roi Ja” (2015).
V-332.
See this chapter, section A.2: Unlawful killings.
PI-004, PI-069, PI-099.
PI-069.
K-148.
PI-004, PI-099.
K-139, K-140, PI-082, PI-106, V-021, V-022. See this chapter, section A.2: Unlawful killings.
K-140, V-021, V-022.
See this chapter, section A.2: Unlawful killings.
DI-063, PI-062. See this chapter, section A.2: Unlawful killings.
DI-059, K-139, PI-037, PI-038, PI-052.
DI-057.
63