A/HRC/39/CRP.2 father was killed after having been seen in the custody of the Tatmadaw, in 2018, charges were brought against a relative that complained: My relative went to the police, she tried to complain and to make a police report – she explained that the Tatmadaw were responsible and she wanted to get justice. The Tatmadaw said that my father was a member of the KIA, and that my relative was lying. They brought charges against her. She was afraid so she had to leave her home.882 397. Charges have also been brought against journalists or those interacting with them. 883 For example, police brought charges against Dumdaw Nawng Lat, President of the Kachin Baptist Church in Monekoe, Shan State and his nephew and assistant pastor Langjaw Gam Seng, after they guided journalists around their damaged church which they alleged had been bombed by the Tatmadaw in November 2016. Both were sentenced to two years and three months in prison on 27 October 2017 under section 17(1) of the Unlawful Associations Act, with Dumdaw Nawng Lat receiving an additional two year sentence for defamation under section 505(b) of the Penal Code, after also giving an interview to an international news outlet.884 398. Lawyers who have taken up sensitive cases against the Tatmadaw in Kachin and Shan States have also faced threats, leading some to be afraid of working on these cases. 885 For example, one lawyer told the Mission that he was harassed and his colleagues threatened when working on a case against the Tatmadaw: It was a sensitive case, so I was watched by the intelligence. Every time I went to the place of the incident, I was harassed by police. My co-workers were threatened by the military. They said, “If you take the case, you will have problems.”886 399. Civil society organizations working in Kachin and Shan States face constant surveillance and visits from the security forces, and face additional security concerns when releasing reports that implicate the Tatmadaw. 887 (c) Flawed process when complaints are taken up 400. In a few cases, individuals reported to the Mission that they were given compensation by the Tatmadaw but without any form of process. 888 For example, a father whose son was shot by the Tatmadaw when he was walking along a road in Kutkai Township, Shan State in August 2017, was told by the Tatmadaw that they had made a mistake and was given 500,000 Kyat for the funeral.889 The amount of compensation given appears to be arbitrary - a mother whose son was killed by the Tatmadaw in Namhsan Township, Shan State, in 2017 reported: A soldier from the Tatmadaw base gave my village administrator money to pay for the funeral but the funeral was more expensive so I had to take out a loan. I spoke to the Tatmadaw, but was very intimidated. I explained to them that my son was the bread winner in my family and without him we could not survive. I asked for more compensation but they never gave us anything else.890 401. The Mission was also told of a recent case of rape in 2018 in Shan State where, following a meeting between local authorities, a Tatmadaw commander and relatives of the 882 883 884 885 886 887 888 889 890 PI-106. A/HRC/37/70; A/72/382; V-209; see also OHCHR, The Invisible Boundary – Criminal prosecutions of journalism in Myanmar (11 September 2018). Ibid. PI-037, PI-038, V-057. See this chapter, section A.5: Arbitrary deprivation of liberty and enforcd disappearance. PI-037, BM-008; International Commission of Jurists, Achieving Justice for Gross Human Rights Violations in Myanmar Baseline Study, (Geneva, 2018). BM-008. BM-007; A/HRC/34/67. PI-071, PI-074, PI-110. PI-071. PI-074. 97