121-122, No. 20, No. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. events, published daily by the Reportedly, no one has been executed since the 1980s. In bars and on the street you overhear snatches of conversation about ‘the list’ that’s been circulated by the Trump transition team, which presumably itemises a fair few of the 3000 jobs up for grabs. The ineffectiveness of the death penalty as a deterrent against murder was highlighted. [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. Under Articles 353 and 373 of the 2008 Constitution, an individual cannot be deprived of life except in execution of a law existing at the time of the offense. In 2017, 1405 rapes were recorded across Myanmar, involving 508 adult victims and 897 child victims, according to the Ministry of Home Affairs. Myanmar is a de facto abolitionist country; there has not been an execution since 1988. Individuals who run afoul of the junta’s interests may face capital charges for high treason and are, in practice, stripped of any meaningful safeguards against arbitrary deprivation of life by the junta. [8] U.S. Dept. 18-19, U.N. Doc. 10, 2019. of State, 2009 Human Rights Report: Burma, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135987.htm, Mar. [15] Amnesty Intl., Death Sentences and Executions 2017, p. 18, ACT 50/7955/2018, Apr. It was also used throughout the colonial era. He was among the most vocal of advocates for constitutional change in Myanmar. Stay informed with the latest commentary and analysis on 31, 2004. 132, No. [7] The discrepancy in reported death sentences and commutations suggests incomplete information on the true number of death sentences issued per year. [23] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [12]. 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. The court case took two long years. A/71/484/Add.2, Dec. 6, 2016. [7] Drug trafficking is punishable by death; [8] the penalty could be mandatory under some circumstances. [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. A/67/841, Apr. [21] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. [5] ) In 1988, a new junta seized power; by 1993, this junta began considering new constitutional principles. The new policy introduces a human rights-based approach to drug control and recommends considering the repeal of the death penalty for drug offenses. 31, 2004. [5] Constitution of the Republic of the Union of Myanmar, art. Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. The death penalty has not been carried out in Myanmar for decades, and Phyo Htet Aung’s fate may ultimately be decided on appeal, if one is filed, and by prison regulations, The Irrawaddy said. [10] Systematic torture is a serious problem; the government does not permit defense attorneys or impartial observers at interrogations, and the government response to allegations of torture is that such allegations cannot be taken seriously since there is no way to corroborate them. 73rd session, 55th plenary meeting, p. 32, U.N. Doc. In addition to the state-sanctioned legal system, there is evidence that the death penalty has recently been issued or carried out in non-state trials. A/63/430/Add.2, Dec. 4, 2008. [11] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. - Committing a crime punishable by at least four years imprisonment in the course of human trafficking is punishable by death. 45 of 1860, May 1, 1861. 31, 2004; 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. Lowy Institute, © Copyright 2021 [email protected] 45 of 1860, May 1, 1861. 11, 2017. 31, 2004. [21], Drug Trafficking Not Resulting in Death.Drug trafficking, import or export, facilitation of same, or production of drugs carries the mandatory death penalty if the offender is a recidivist, part of a criminal organization, uses arms or explosives, uses children under the age of 16 or uses the influence of a public servant in carrying out the offense. [12] DPW Executions and Death Sentences Monitor. [31] Amnesty Intl., Death Sentences and Executions in 2009, p. 8, ACT 50/001/2010, Mar. [8] In 2017, at least two death sentences were reported and no executions were held. 13 Mar 2019 10:00, death penalty against political opponents, Violence in Myanmar: look elsewhere than Security Council, Military on the front line in Thai election, Pacific links: faux pas, cricket bats, more, Indigenous roots of the “first” Filipino suicide bombing, Washington: The king is dead, long live the king. At least nine, but very likely significantly more. Our reading of the law is that only the District Court or the State or Divisional Court may initially try a capital case and pronounce a death sentence; whereupon the Supreme Court must confirm the death sentence or uphold an appeal against it. 302, No. [14]. [2] Note—now effective. GlobalSecurity.org, Burma Insurgency, http://www.globalsecurity.org/military/world/war/burma.htm, last accessed Oct. 13, 2010 (discussing the general situation, including terrorism and totalitarian rule and suppression of free and fair election results, as well as prosecutions for treason); Jacob Baynham, Burma's largest rebel army battles increase in opium production, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/15/MNT3U393N.DTL, Jan. 15, 2010; Shan Herald, Shan Rebel Leader Warns Burma Army, http://www.shanland.org/index.php?option=com_content&view=article&id=3014, Apr. [4] UN News Centre, UN rights office praises Myanmar for commuting all death sentences, http://www.un.org/apps/news/story.asp?NewsID=46904#.Va6gGipViko, Jan. 10, 2014. 11, 2010. [2] The 1947 Constitution contained no direct protection of the right to life; the 1974 junta-imposed Constitution also contained no such protection. [6] The following sources corroborate the preceding paragraphs. [10] Lowy Institute. His death was taken as another warning about the position of the Office of the State Counsellor held by Aung San Suu Kyi, an innovation he helped to create. [1], The U.S. Department of State reports that prison conditions in Myanmar are harsh and life threatening, with limited access to basic needs and medical care. 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. [12], Other Offenses Not Resulting in Death.- Assault by a person under a life sentence, causing harm, and also assault with the intention to murder, causing only harm, is punishable by death. 5 of 2005. 27, 2012. 5 of 2005. Two men have been sentenced to death in Myanmar for the murder of a Muslim lawyer, Ko Ni, in broad daylight at Yangon International Airport in January 2017. Appellate review by the Supreme Court is automatic. Some have died while in custody. Centre (ALRC), a non-governmental organization in general consultative status, generally, U.N. Doc. [3] U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of 302, No. The state has used the death penalty against political opponents, including democratic actors, members of ethnic armed groups or insurgencies, and students. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. 11, 2010. 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 [5] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 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. 30, 2004. 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. [19] We checked the Burma Penal Code of 1860/61 and the Burma Code of Criminal Procedure of 1898, as amended. A/69/488/Add.2, Dec. 8, 2014. 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. Stay up to date and learn about key human rights issues in Myanmar. Death penalty law status: De facto abolitionist Prosecution for political crimes cannot be brought except by order of the executive. 45 of 1860, May 1, 1861. [21] Burma Penal Code, art. Tel 020 7553 8140 A/63/716, Feb. 12, 2009; U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. It is possible that some information could be available through organizations such as the Burma Lawyers’ Council. We did not find reports on the nationalities of foreigners held on death row. 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. Leaders of a minority ethnic group that unofficially controls a swathe of eastern Myanmar has sentenced a man to death for the kidnap, rape and murder of a six-year-old girl. 5, Ch. 0 Number of Executions in . A/HRC/13/48, Mar. During this time, the court hearings generated controversy after supporters for the defendants attended court and implicitly threatened the judges. 12, 2018. Amnesty International observes that pre-trial detention is marked by torture and denial of access to attorneys; individuals may be charged and tried on the same day for a serious offense, denying counsel adequate time to prepare a defense; that trials are often perfunctory; that courts make use of evidence obtained by torture; that trials are conducted in secret; and that courts are not independent. [11] The reports of other non-governmental organizations confirm this situation, especially with regard to the absence of protections that could be afforded by an independent judiciary if one existed in Myanmar and pervasive abuses such as torture by security forces. 20, 22-23, No. Because these ethnic groups represent the last remnants of armed resistance to the illegal junta in Myanmar, individuals from these groups may be prosecuted for treason or terrorism. [26] Burma Penal Code, art. [15] 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. A/67/PV.60, Dec. 20, 2012. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Oct. 12, 2010. [10] U.N.G.A., 71st 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. 45 of 1860, May 1, 1861. 30, 2010. But we are unaware of any clearly official de jure moratorium on executions. [9] Amnesty Intl., Death Sentences and Executions in 2017, p. 18, ACT 50/7955/2018, Apr. A member of the armed group, called the Shan State Progress Party, said Wednesday the death penalty was "the only option" for the 30-year-old, who assaulted the … [24] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. [11] A/73/1004, Sep. 16, 2019. 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. [4] Status, Declarations, and Reservations, Optional Prot. [20] Burma Penal Code, art. [4], Drug Trafficking Not Resulting in Death.Drug trafficking, import or export, facilitation of same, or production, distribution, and sale of drugs is punishable by death. 1 of 1993. On Nov 18 of 2016 a 38-year-old Nigerian man by the name of Chijoke Stephen Obioha was hung. [9] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. 45 of 1860, May 1, 1861. While we do not know the extent to which substandard conditions are faced by those under sentence of death, prisoners in general are exposed to an environment in which torture, deaths from torture, other physical, psychological and sexual abuse, deliberately substandard medical care, deprivation of food and water as punishment, and other inherently life-threatening conditions are common. [4] Burma Penal Code, art. [14] The Anti Trafficking in Persons Law, arts. [26] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. of State, 2009 Human Rights Report: Burma, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135987.htm, Mar. Shan State is home to several armed ethnic groups who are allowed unofficial autonomy in an uneasy agreement with Myanmar’s military. [21]. Our research suggests that over the past decade death sentences have mainly been pronounced for political offenses, a significant fraction of which have been non-violent. 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. 45 of 1860, May 1, 1861. [16] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. [1] The current status of Myanmar’s constitution is unclear—the 2008 Constitution does not go into effect until elections scheduled for 2010. [9] 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. [10] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. to the ICCPR, 999 U.N.T.S. 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