A/HRC/15/NGO/15, Aug. 22, 2010; U.N.G.A., Human Rights Council, Joint written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status and the Lawyers’ Rights Watch Canada (LRWC), a non-governmental organization in special consultative status, p. 2-3, U.N. Doc. [26] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010; ECPM, La peine de mort dans le monde—La peine de mort : Myanmar (Birmanie), http://www.abolition.fr/ecpm/french/fiche-pays.php?pays=MMR, last accessed Oct. 12, 2010. A/69/993, Jul. 10, 2010 (discussing systematic torture, forced labor, humanitarian violations, and discrimination); Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 18, 2018. [15] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. A/HRC/13/48, Mar. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [16] We did not find the military law. [8] There has been no reported execution of a death sentence since 1988. In political cases (such as treason), this right is probably infrequently respected or of no relevance because the issue of guilt is pre-determined. Finally, in February the court found the accused guilty. [10] 1 of 1993. An accessible version of the Death Penalty Worldwide Database will be available from February. Reports by the Asian Legal Resources Centre, the Lawyers’ Rights Watch Canada, and Amnesty International conclude that Myanmar does not have a judiciary in any meaningful sense; instead, the judiciary is an administrative body of the junta-controlled executive, which wields unchecked power. 27, 2012. The Department notes that no official census has occurred in Myanmar since 1983; it is somewhat likely that the Department is making a estimation based on the U.N.’s population growth projection for Myanmar. 1 of 1993. [1]. [7] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 28, 2001 (discussing terrorism, oppression of the Rohingya group and a policy of disenfranchisement and displacement; also discussing forced labor relevant to that group and to civilians in general); VOANews.com, Burmese Rebel Group Denies Responsibility for Tuesday Blasts, http://www.voanews.com/english/news/asia/Burmese-Rebel-Group-Denies-Responsibility-for-Tuesday-Blasts-82945762.html, Jan. 28, 2010; AsiaNews.it, Leader of Burma’s Biggest Rebel Group Killed, http://www.asianews.it/news-en/Leader-of-Burma%E2%80%99s-biggest-rebel-group-killed-11527.html, Feb. 15, 2008 (note the displacement of Karen peoples and destruction of Karen villages); BBC News, Burmese Rebel Leader is Shot Dead, http://news.bbc.co.uk/2/hi/asia-pacific/7244684.stm, Feb. 14, 2008 (note discussion of the assassination as potentially political and by the junta); Burma News Intl., Karen Rebel Army Forced to Retreat, http://www.bnionline.net/news/mizzima/6524-karen-rebel-army-forced-to-retreat.html, Jun. 132, No. 84, No. 9, 2013. please contact. 5 of 2005. In late 1974, following the student protests against the socialist regime, a key student leader Tin Maung Oo was sentenced to death. 22-23, No. By. A/HRC/15/NGO/15, Aug. 22, 2010; U.N.G.A., Human Rights Council, Joint written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status and the Lawyers’ Rights Watch Canada (LRWC), a non-governmental organization in special [7], We do not know whether lawyers are available for indigent prisoners on appeal; a report by the U.S. Department of State suggests that if any such right is respected, the right is limited in political cases (such as treason). 0 Number of Executions in . [15] 121-122, No. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Oct. 12, 2010. [5] 45 of 1860, May 1, 1861. The figure was 1100 sexual assaults reported a year earlier, with 429 adult victims and 671 child victims. Is this indicative of a wider trend? A/63/716, Feb. 12, 2009. to the ICCPR, 999 U.N.T.S. [6] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. For example, in 1948, a well-known independence figure and member of the Communist Party of Burma Major Chin Kaung was sentenced to death. [9] [27] Burma Code of Criminal Procedure, art. “I support the death penalty for child rape. 0 Number of Executions in . 31, 2015. [Myanmar Chinese Network News] Today, almost all the media in Myanmar are reporting on the two prisoners. 45 of 1860, May 1, 1861. We did not find reports on the nationalities of foreigners held on death row. 121-122, No. A/69/PV.73, Dec. 18, 2014. Associated Press, May 21, 2019, 12:27 p.m. 26, 2010 (note the concerns expressed related to state terror against ethnic minorities and the nonexistence of an impartial judiciary); U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, generally, p. 13-17, U.N. Doc. [2] The 1947 Constitution contained no direct protection of the right to life; the 1974 junta-imposed Constitution also contained no such protection. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 12, 2010. of Homeland Security, Myanmar: Information on the Situation of the Rohingyas, http://www.unhcr.org/refworld/country,,USCIS,,MMR,,3deccd7a4,0.html, Mar. A/RES/64/238, Mar. The new policy introduces a human rights-based approach to drug control and recommends considering the repeal of the death penalty for drug offenses. He was found guilty on charges that stemmed from a raid in 2007 by drug enforcement officers in Singapore. 28, 2010; Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. 31, 2004. 20, 22-23, 26, No. Celebrities who have given up social media. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. Ko Ni’s assassination two years ago, on 29 January 2017, was a horrendous shock and has had a chilling effect on efforts for constitutional reform. [8] U.S. Dept. [8] Amnesty Intl., Death Sentences and Executions in 2016, p. 17, ACT 50/5740/2017, Apr. Death sentences were also issued against members of ethnic armed organisations fighting against the government who were arrested by the military, such as in Karen State. [13] DPW Executions and Death Sentences Monitor. [5] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. [26] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. Ko Ni’s status as a Burmese Muslim and his willingness to criticise the failure of political parties to field Muslim candidates in the 2015 elections was widely known. A/HRC/14/NGO/40, May 17, 2010; Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. This is the paradox of the death penalty in Myanmar. [21] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. [1] U.S. Dept. [9], Mainly, death sentences over the past decade have been pronounced for political crimes, many of which have been non-violent or even non-criminal exercises of free speech. [20] Burma Penal Code, art. [11] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. 23, 2013. 20, 22-23, No. On my recent visit to Myanmar, I attended the commemoration ceremony of U Ko Ni, the former lawyer and legal advisor to the National League for Democracy. human rights in Myanmar, Tomás Ojea Quintana, paras. [6], The U.S. Department of State reports that in capital cases defendants are legally guaranteed an attorney at state expense; the context of the discussion suggests that for common criminal offenses (such as for murder) this right is probably respected. 5 of 2005. A/62/658, Feb. 2, 2008. In capital cases, the courts have convicted defendants of high treason despite minimal or nonexistent relevance of the reported facts to the crime of high treason as defined by law. [14]. 30, 2010. 20, No. His death and the court case against some of his killers is a reminder of the death penalty paradox in Myanmar. 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