[13] Burma Penal Code, art. [13] A/71/484/Add.2, Dec. 6, 2016. 20, 22, No. VII, No. 10, 2019. A/63/430/Add.2, Dec. 4, 2008. [16] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. The Judiciary Law of 2000 renames courts but does not clearly specify which courts have original jurisdiction in capital cases or set forth the appellate process for a capital case. 45 of 1860, May 1, 1861. 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 … In 2016, at least three death sentences were imposed. [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. Lowy Institute. 302, No. [4] Status, Declarations, and Reservations, Optional Prot. [5] [17] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. 3(e), 29, No. [6], In 1993, Myanmar expanded the death penalty to apply to drug trafficking; [7] in 2005, it expanded the death penalty to apply to human trafficking. [1] Burma Penal Code, art. But South Korea has a de facto moratorium on the death penalty since it has not executed anybody since 1997, even though there are still people on death row, and even though new death sentences have been handed down in the last few years. 11, 2017. YANGON, Myanmar — A court in Myanmar on Tuesday formally charged an American man and two local co-workers with violating drug laws concerning … 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. Appeals lie to the immediately superior court. 45 of 1860, May 1, 1861. [28] Myanmar is party to the Convention on the Rights of the Child and has withdrawn its reservations. 121-122, No. 31, 2004. [26] Insane individuals cannot stand trial. It's unlikely the men will actually be executed as it's believed Myanmar has not enforced the death penalty for more than 30 years. [15] U.N.G.A., Human Rights Council, Written statement submitted by the Asian Legal Resource [14] The Anti Trafficking in Persons Law, arts. of Homeland Security, Myanmar: Information on the Situation of the Rohingyas, http://www.unhcr.org/refworld/country,,USCIS,,MMR,,3deccd7a4,0.html, Mar. [5] Status, Declarations, and Reservations, Second Optional Prot. [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-5&chapter=4&lang=en, last accessed Oct. 12, 2010. 302, No. [email protected] [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [3] Status, Declarations, and Reservations, Optional Prot. [24] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. [8] In 2017, at least two death sentences were reported and no executions were held. to the ICCPR, 999 U.N.T.S. 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. [3] In January 2014, President Thein Sein commuted all of the country’s death sentences to life imprisonment. [5] ) He was among the most vocal of advocates for constitutional change in Myanmar. [10], Treason.High Treason is punishable by death. The irony is that Myanmar is a majority-Buddhist country, and yet support for capital punishment remains strong. [4] Burma Penal Code, art. [8], Reportedly, attorneys of defendants facing common criminal charges (such as for murder) are given an opportunity to prepare a defense and access government evidence; the relevance of quality legal representation in political cases is usually limited to sentencing, as guilt is pre-determined. 1, 1898. [12] U.N.G.A., Human Rights Council, Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status, generally, U.N. Doc. 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 … Information current as of: February 27, 2011, Abolitionist de facto. 18, 2009 (discussing the complex military situation and the fate of villagers in a war zone); Khun Sam, Karenni Rebel Group, Junta Begin Peace Talks, http://www.irrawaddymedia.com/article.php?art_id=6907, The Irrawaddy, Mar. Aggravated Murder.Murder by a person serving a life sentence or murder in the course of committing an offense that is punishable by seven or more years’ imprisonment is punished by death. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. [5] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 5, Ch. [7] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 45 of 1860, May 1, 1861. [15] Giada Girelli, The Death Penalty for Drug Offences: Global Overview 2018, p. 35, Harm Reduction Intl., https://www.hri.global/files/2019/02/22/HRI_DeathPenaltyReport_2019.pdf, Feb. 2019. [29] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 11, 2010. Death penalty possible in Myanmar cannabis farm case. [2] U.S. Dept. [15] Amnesty Intl., Death Sentences and Executions 2017, p. 18, ACT 50/7955/2018, Apr. 3-4, U.N. Doc. [8] Myanmar Narcotic Drug and Psychotropic Substances Law, art. [17] DPW Executions and Death Sentences Monitor. The 2008 constitution, which will be effective upon the next election (projected for November 2010), [16] provides for appellate review of Constitutional questions by the Supreme Court and for the ultimate jurisdiction of the Constitutional Tribunal on constitutional questions. 45 of 1860, May 1, 1861. 1 of 1993. [6] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 12, 2018. 204, 2008. [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. 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. Unclear. 0 Number of Executions in . 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. [16] Note—now effective. And there is an overriding feeling justice has not been served. Comments.In February 2018, the government of Myanmar released a new National Drug Control Policy incorporating international best practices outlined in the 2016 Outcome Document of the UN General Assembly Special Session on Drugs. 45 of 1860, May 1, 1861. [20] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. [23] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. 31, 2004; 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; Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. [12] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 26, No. 5 of 2005. Prosecutions for political crimes in Myanmar are arbitrary and both overbroad and under-inclusive; the junta-controlled courts pronounce sentences against individuals who have not been shown to have any connection to violent insurgent attacks underlying prosecutions; these same courts do not entertain actions against junta personnel who commit acts of violence against civilians and participate in systematic state terror, including torture, rape, displacement, and lethal violence, against the population. The court case took two long years. [7] Amnesty Intl., Death Sentences and Executions in 2015, p. 36, ACT 50/3487/2016, Apr. Fax 020 7553 8189 [3]. 1, 1898. [4] This right may be weakened by Article 382 of the Constitution, which allows legislation to strip away fundamental rights under certain circumstances. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. 30, 2010. A/67/PV.60, Dec. 20, 2012. SUBSCRIBE THAILAND A/69/488/Add.2, Dec. 8, 2014. In this May 7, 2019, file photo, U.S. national John Fredric Todoroki leaves a local court after being arrested on allegations of operating a marijuana plantation in Ngazun Township, Mandalay region, central Myanmar. [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/HRC/13/48, Mar. 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. A/62/PV.76, Dec. 18, 2007. 302, No. U Ko Ni’s death had a chilling effect on democratisation, and capital punishment for his killers won’t undo the damage. 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. [3] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010. 10, 2019. “I support the death penalty for child rape. During this time, the court hearings generated controversy after supporters for the defendants attended court and implicitly threatened the judges. To see the difference between the statutory crime of high treason and the facts on which defendants have been convicted, compare Amnesty’s Myanmar—The Administration of justice…, p. 20-25, to the Burma Penal Code, arts. 295, 322-324, Ch. 1 of 1993. 1 of 1993. 1 of 1993. 30, 2010. 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. Lowy Institute, © Copyright 2021 Yes. In 2017, 1405 rapes were recorded across Myanmar, involving 508 adult victims and 897 child victims, according to the Ministry of Home Affairs. He was found guilty on charges that stemmed from a raid in 2007 by drug enforcement officers in Singapore. [16] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 31, 2004. 18, 2018. [11] Burma Penal Code, arts. 10, 2019. 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. [17] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010. [22], Drug Possession.Drug possession is presumed to be in the course of trafficking if scheduled quantities of drugs are found; drug trafficking 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. 10, Sep. 10, 2007. [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. [22] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. [28] We checked the laws of Myanmar (Burma) as available through the Burma Lawyers’ Council at http://www.blc-burma.org/. 1, 1898. 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. [18] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. - Committing a crime punishable by at least four years imprisonment in the course of human trafficking is punishable by death. Every year, Amnesty International evaluates the human rights situation in countries around the world. 23, 2007 (discussing negotiations for the end of hostilities between the junta and the Karenni and Chin resistance groups); U.N.G.A., Human Rights Council, Situation of Human Rights in Myanmar, generally, U.N. Doc. 95-96, U.N. Doc. The Interpreter features in-depth analysis & 5 of 2005. He … 11, 2010. Although the death penalty has reportedly not been applied since the 1980s, [17] the statutory language for certain offenses mandates the death penalty, [18] and we did not find any universal provisions that permit courts to exercise discretion in such cases. Shan State is home to several armed ethnic groups who are allowed unofficial autonomy in an uneasy agreement with Myanmar military. 1, 1898. A June attack in Sulu could be a rediscovery of an almost forgotten cultural practice rather than ISIS mimicry. Friends who often watch the news should be familiar with the above two prisoners. [11] Nevertheless, the current junta has committed to a policy of non-execution of death sentences and has not executed anyone since taking power in 1988. A/RES/64/238, Mar. Is this indicative of a wider trend? 19, 2010; U.N.G.A. 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