HRW investigates deaths in custody: “Just the tip of the iceberg”

13 September 2022
HRW investigates deaths in custody: “Just the tip of the iceberg”
Relatives and friends of National League for Democracy member Khin Maung Latt, react during his funeral service in Muslim tradition held by the members of National League for Democracy (NLD) party in Yangon, Myanmar, 07 March 2021. Photo: EPA

Rights organisation, Human Rights Watch (HRW) has documented the deaths of six detained activists that involved apparent torture or the denial of adequate medical care.

The junta authorities have not seriously investigated these deaths or taken action against those responsible.

“The six deaths Human Rights Watch documented are just the tip of the iceberg of suffering and torture of those detained by Myanmar’s military and police,” said Manny Maung, Myanmar researcher at Human Rights Watch. “Given the junta’s cruelty in all aspects of its rule, there’s little surprise that no evident action has been taken to investigate deaths in custody and bring those responsible to justice.”

Human Rights Watch says that the junta should immediately end its abuses against those opposed to military rule, including arbitrary arrests and detention, torture and other ill-treatment, and unfair trials. Deaths in custody should be immediately reported with proper documentation to the person’s family, the body should be returned, and those responsible for abuses held to account.

The Thailand-based Assistance Association for Political Prisoners estimates that at least 73 people have died in police or military custody in police stations, military interrogation centers, and prisons since the coup, which effectively ended the democratic transition under Aung San Suu Kyi’s National League for Democracy (NLD). These deaths are only a small percentage of the at least 690 people that have been killed shortly after being apprehended by the security forces, often during military operations in ethnic minority areas. The military junta has only acknowledged a few custodial deaths but attributes them to illness or heart failure. However, human rights activists, witnesses, and sources close to the victims said that the physical evidence available indicates that many died from torture or other mistreatment, including poor detention conditions and a lack of access to adequate medical care.

Human Rights Watch documented the six deaths between May and July, remotely interviewing 10 witnesses and others familiar with the cases, reviewing 40 photographs and 5 videos posted to social media platforms, and obtaining independent medical analysis of the visual evidence by an emergency physician with expertise in torture.

The six men were all political activists or vocal opponents of the military junta in Yangon, Mandalay, and Sagaing Regions. Khin Maung Latt, 58, Zaw Myat Lynn, 46, and Than Tun Oo, 48, were NLD members apparently arrested for their political affiliation. Khet Thi, 43, Tin Maung Myint, 52, and Kyaw Swe Nyein,

55, joined or led protest movements after the coup. Five died within 24 hours of being arrested and interrogated, while Kyaw Swe Nyein, died two months after his arrest.

Myanmar police and soldiers arrested five of the six victims during night raids; they arrested the sixth, Than Tun Oo, in Mandalay during the day. In all but one of the cases, the arrests were carried out during joint military-police operations. A law enacted in March formally brought the police under junta control, requiring police officers to comply with all military orders, including taking part in military operations.

Photographs of five of the victims show physical marks on their bodies or heads that indicate torture. There are no photographs of Than Tun Oo’s body since junta authorities said he was cremated soon after he died.

Dr. Rohini Haar, an emergency physician whom Human Rights Watch consulted, analyzed images of the bodies: “Having reviewed photographs and videos of the five victims after their deaths, it is clear from the physical marks on the bodies and faces that these men suffered immensely, and that torture occurred.… There are so many signs of abuse and torture that it is hard to pinpoint exactly what killed these individuals.”

None of the men’s families received official medical certificates, cause of death, or autopsy reports, despite evidence that autopsies were conducted on four of the six bodies. The junta should issue medical certificates for all death-in-custody cases and provide autopsy reports to families if autopsies were performed.

Four of the victims ’families said they felt pressured by officials to have the bodies cremated immediately, presumably to hide evidence of wrongdoing. Two families said they buried their loved ones quickly out of fear the authorities would confiscate the body.

The UN special rapporteur on Myanmar said in October 2021 that he had received credible reports of “over 8,000 arbitrarily detained with many tortured, including dozens who were tortured to death.” At the UN Human Rights Council in March, former UN High Commissioner for Human Rights Michelle Bachelet said she had received credible reports that at least 21 percent of deaths by the security forces had occurred while victims were in custody.

Human Rights Watch has found that the junta’s widespread and systematic abuses since the coup amount to crimes against humanity, which include murder, torture, and wrongful imprisonment.

The UN Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) sets out that all death-in-custody cases should be subjected to “prompt, impartial, and effective investigations into the circumstances and causes” of the death. In addition, “family members should be informed immediately and thereafter a notification of death posted in an easily accessible way. To the extent possible, family members should also be consulted prior to an autopsy. They should be entitled to have a representative present during the autopsy … [H]uman remains should be returned to family members, allowing them to dispose of the deceased according to their beliefs.”

The UN, regional bodies, and governments – including the European Union, United States, United Kingdom, and Association of Southeast Asian Nations (ASEAN) – should specifically raise concerns about deaths in custody and press the junta to end them, Human Rights Watch said. They should strengthen targeted sanctions against military-owned businesses, the military and the State Administration Council (SAC) junta leadership under Sr. Gen. Min Aung Hlaing.

The UN Security Council should urgently take measures against the junta, including by referring the situation in the country to the International Criminal Court and passing a resolution to impose a global arms embargo.

“The deaths of people in custody are among the hidden atrocities that junta security forces are committing every day,” Maung said. “Concerned governments should be ensuring global condemnation of these horrific abuses.”