A/HRC/57/18
civilians protesting the military coup in February 2021. The security forces consisted not only
of police but also military forces, sometimes dressed as police. Such forces applied lethal or
near-lethal force to suppress protests in circumstances where it was not justified, causing
civilian deaths and serious bodily injury. The Mechanism has obtained reliable evidence of
security forces using live ammunition against protesters in Yangon, Mandalay, Bago,
Tanintharyi, Kachin and Magway. Measures were often taken by security forces to prevent
or delay injured persons from receiving medical assistance. Furthermore, the Mechanism has
collected credible information that security forces sought to conceal the cause of death of
protesters, including by falsifying autopsy reports and using other means to provide false
information to the family members of those killed.
22.
The Mechanism has collected abundant evidence of systematic torture of individuals
in detention, particularly in military detention facilities. The means of torture included:
beatings with bamboo sticks; inflicting electric shocks; pulling out fingernails with pliers;
burning skin with a cigarette lighter; sleep-deprivation and long periods in stress positions;
dousing detainees in petrol and setting them alight; waterboarding; strangulation with plastic
bags or other materials; breaking fingers; and forcing detainees to punch each other or to
witness violence against other detainees. The Mechanism has also received credible
information that some individuals were killed in detention. Detainees were held in inhumane
conditions, deprived of food and water and often did not receive medical care following their
mistreatment. Physical abuse of detainees was often accompanied by severe mental abuse,
including death threats or threats of serious violence, including rape, against detainees or
family members.
23.
The Mechanism has also collected reliable evidence of sexual and gender-based
crimes in detention committed against all genders, including children under age 18,
including: rape (gang rape and multiple rapes), inter alia, through the insertion of objects into
anal and genital openings; burning of sexual body parts with cigarettes; injury to reproductive
body parts; sexualized touching; forced full or partial nudity; invasive body searches
accompanied by sexual humiliation; the use of sexualized, misogynist or homophobic slurs;
and threats of sexual violence or violence based on gender or sexual orientation.
24.
The Mechanism has found that physical and mental torture was often used to induce
detainees to provide information or purported confessions or to affirm statements that they
were not even allowed to read. These statements were then relied upon in subsequent judicial
proceedings to convict detainees. Attempts by lawyers or the accused to object to the reliance
on such “confessions” on the basis that they had been elicited through torture were summarily
dismissed by judges or not even considered. Those arrested included protesters, politicians,
journalists, political activists, civil servants participating in strikes, persons associated with
the civil disobedience movement or suspected of having any affiliation or involvement with
armed groups opposed to the military regime, suggesting that the authorities aimed to convict
opponents of the military regime.
25.
In sum, the Mechanism possesses substantial evidence that a variety of crimes against
humanity have been committed in relation to the suppression of post-coup dissent, including:
torture; rape and other forms of sexual violence; persecution based on intersecting grounds,
including gender, sexual orientation, perceived political affiliation, religion and ethnicity;
enforced disappearance; imprisonment; murder; and other inhumane acts.
Crimes committed in relation to ongoing armed conflict
26.
The Mechanism continues to collect and analyse evidence of crimes connected to
various ongoing armed conflicts throughout Myanmar, including in Sagaing and Magway
Regions and in Shan, Chin, Kachin, Kayah, Kayin and northern Rakhine States.
Investigations of past and new incidents involve, in particular: (a) indiscriminate or
intentional artillery and aerial attacks against civilians or civilian objects; (b) killings of
civilians or fighters detained during operations; and (c) the intentional burning of civilian
dwellings and other civilian buildings. The Mechanism has collected evidence of the
continued frequent use of air-to-surface bombs, causing significant numbers of civilian
casualties without any apparent military target in the vicinity. The objects of such attacks
have included internally displaced persons’ camps, schools, religious buildings and health
facilities. The reporting period has also been marked by continued acts of physical mutilation
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