Skip To Main Content Amnesty International Amnesty International Menu Main menu Main menu CLOSE Who We Are How we're run Jobs & internships What We Do Countr [16] We did not find the military law. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 45 of 1860, May 1, 1861. 1 of 1993. We did not find reports on the nationalities of foreigners held on death row. Myanmar’s troops frequently clash with ethnic rebel groups in Shan. [20] Burma Penal Code, art. 28, 2011. 15, 1991, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Oct. 12, 2010. 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. [20] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. U Ko Ni’s death had a chilling effect on democratisation, and capital punishment for his killers won’t undo the damage. 121-122, No. 1 of 1993. [5] Myanmar Narcotic Drug and Psychotropic Substances Law, art. A/RES/64/238, Mar. Myanmar, Asia (South-eastern Asia) 9 Number of Individuals Currently Under Sentence of Death . 10, 2019. PO Box 72054 Friends who often watch the news should be familiar with the above two prisoners. 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. [19] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. A/HRC/15/NGO/16, Sep. 1, 2010; 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. [17] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. [2] U.N., World Macro Regions and Components, U.N. Doc. Some have died while in custody. 1 of 1993. The Interpreter features in-depth analysis & These trials are often conducted without legal representation and with few safeguards for the accused. South Korea has the death penalty for drugs. 31, 2004. His death and the court case against some of his killers is a reminder of the death penalty paradox in Myanmar. [14] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. Stay informed with the latest commentary and analysis on [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. Lowy Institute. More than two years have passed since Australia had a permanent US ambassador. [26] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. In 1976, army captain Ohn Kyaw Myaint was sentenced to death for allegedly attempting to assassinate General Ne Win, the ruler at the time. In 1993, the National Convention laid out 103 constitutional principles, none of which directly addressed the right to life; by 2007, the Convention had not yet developed any principle addressing the right to life. 16-17, U.N. Doc. The court case took two long years. 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. It is certainly true that in 2014 President Thein Sein commuted all of the country’s death sentences to life imprisonment. 396, No. A member of the armed group, called the Shan State Progress Party, said this week the death penalty was "the only option" for the 30-year-old, who assaulted the girl before throwing her body off a cliff. [14] The Anti Trafficking in Persons Law, arts. 10, 2010. 31, 2004. 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. In application, Myanmar’s junta-controlled courts have expanded the scope of the death-eligible offense of high treason. Burma has a long history of capital punishment, tracing its roots back to the monarchy period. 368, Jul. 45 of 1860, May 1, 1861. [10] Eleven Myanmar, President grants general amnesty for 8,541 prisoners, http://www.elevenmyanmar.com/local/13746, Apr. Often, the only clear factor in prosecution for a political offense is the accused person’s personal association with a disfavored group. [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. [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. [19] Website at http://www.blc-burma.org/, last accessed Jan. 15, 2010. [19], Aggravated Murder.Murder by a person under a sentence of life imprisonment or in the course of committing an offense punishable by seven or more years’ imprisonment is punished by death. 3(e), 29, No. Comments.We did not find a national law specifically prohibiting the execution of offenders for crimes committed while below the age of 18. However, since 2016, under the NLD government, the courts have already sentenced at least 66 people to death. [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. [15] 27, 2012. 11, 2010. 28, 2010. 26, No. [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. [26] Insane individuals cannot stand trial. human rights in Myanmar, Tomás Ojea Quintana, paras. 5, Ch. It is possible that some information could be available through organizations such as the Burma Lawyers’ Council. A/62/658, Feb. 2, 2008. [26] Burma Penal Code, art. 73rd session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. 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. [24] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. [4] During the course of 2014, Myanmar courts imposed at least one new death sentence. Unclear. [12] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. [8] U.S. Dept. The court handed down the death penalty for two of the accused. According to a 2004 report by Amnesty International, at least some death-sentenced prisoners are held in Insein Prison. [13] DPW Executions and Death Sentences Monitor. [11] He was convicted of having 2,604.56 grams of cannabis. 6, 2016. 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. 28, 2010; U.S. Dept. 17-18, U.N. Doc. 31, 2004. After the 1962 military coup, a lot of opposition members were sentenced to death and hanged, including members of ethnic insurgent groups. [6] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [8] U.N.G.A. Since his death, four people were put on trial for his murder and also for the death of a taxi driver who ran after the gunman. 353, 373, 2008. By. During this time, the court hearings generated controversy after supporters for the defendants attended court and implicitly threatened the judges. A/HRC/13/48, Mar. The death penalty has long been a feature of the legal landscape in Myanmar. [4] Status, Declarations, and Reservations, Optional Prot. 30, 2010. 73rd session, 55th plenary meeting, p. 32, U.N. Doc. [7] Amnesty Intl., Death Sentences and Executions in 2015, p. 36, ACT 50/3487/2016, Apr. Associated Press, May 21, 2019, 12:27 p.m. [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. of Homeland Security, Myanmar: Information on the Situation of the Rohingyas, http://www.unhcr.org/refworld/country,,USCIS,,MMR,,3deccd7a4,0.html, Mar. [4] Constitution of the Republic of the Union of Myanmar, arts. Every year, Amnesty International evaluates the human rights situation in countries around the world. [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. 78, U.N. Doc. 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. A/65/PV.71, Dec. 21, 2010. 11, 2010. 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. [27] Burma Code of Criminal Procedure, art. The irony is that Myanmar is a majority-Buddhist country, and yet support for capital punishment remains strong. [2] U.S. Dept. 31, 2015. [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. In 1988, a new junta seized power; by 1993, this junta began considering new constitutional principles. A member of the armed group, the Shan State Progress Party (SSPP), said Wednesday the death penalty was the only option for the 30-year-old, who assaulted the girl before throwing her body off a cliff. 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. [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. They are the two Burmese laborers Guo Zuolin and Guo Wen Zuotun who were sentenced to death in Thailand for suspected turtle island murder. [28] Myanmar is party to the Convention on the Rights of the Child and has withdrawn its reservations. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. A/71/484/Add.2, Dec. 6, 2016. 5 of 2005. For example, some ethnic armed areas, such as parts of Karen State, have their own forms of criminal justice. While death-eligible high treason is defined as waging, preparing to wage or instigating actual war against the actual nation of Myanmar, the junta controlled courts have applied the death penalty to a broader range of “high treason.” Under the junta, “high treason” has been applied against families with economic interests contrary to the junta’s, against individuals who happen to have had contact with rebels, and against individuals who exercise free speech. 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. Appellate review by the Supreme Court is automatic. A/69/488/Add.2, Dec. 8, 2014. [6], Drug Possession.Possession is presumed to be in the course of trafficking if the offender possesses scheduled quantities of drugs. [22] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 20, 22-23, 26, No. In 2015, at least 17 death sentences were imposed. [3] U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of 135, U.N. Doc. [1], Murder.Premeditated murder is punished by death. Terrorism-related offenses are likely prosecuted as treason against the state. [9] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. [12]. 3-4, U.N. Doc. Lowy Institute, © Copyright 2021 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. According to a 2017 report by the Myanmar National Human Rights Commission, 709 prisoners in 26 prisons across the country have had death sentences commuted to life imprisonment. 30, 2010. [31]. [Myanmar Chinese Network News] Today, almost all the media in Myanmar are reporting on the two prisoners. By AUNG NAING SOE May 21, 2019 GMT. [9] Amnesty Intl., Death Sentences and Executions in 2017, p. 18, ACT 50/7955/2018, Apr. Our research also suggests that the situation of the junta and the insurgency in Myanmar is ambiguous. 28, 2010; Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. A/69/993, Jul. The death penalty has long been a feature of the legal landscape in Myanmar. [2] Burma Penal Code, art. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [20] Burma Penal Code, art. [7] Myanmar Narcotic Drug and Psychotropic Substances Law, art. [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. [23] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. of State, 2009 Human Rights Report: Burma, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135987.htm, Mar. A/62/658, Feb. 2, 2008. 45 of 1860, May 1, 1861. The 2008 Constitution provides for some, though not comprehensive, protection of fundamental human rights. We did not find reports on the nationalities of foreigners held on death row. [3]. VIII, 2008. It is a small step to legitimise this status by removing the death penalty from the legal code, thus greatly promoting the observance of human rights in this onetime pariah state. 11, 2017. [8] There has been no reported execution of a death sentence since 1988. 302, No. [13] Some of the new laws passed by parliament, such as the Anti-Terrorism Law, includes the death penalty for certain offences. [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. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [10] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [3] Status, Declarations, and Reservations, Optional Prot. 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. [3]. A/63/716, Feb. 12, 2009; U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. Myanmar is a de facto abolitionist country; there has not been an execution since 1988. 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. 45 of 1860, May 1, 1861. 30, 2010. [6] In January 2016, 77 death sentences were commuted by the President’s Office. Celebrities who have given up social media. [11] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. A/63/430/Add.2, Dec. 4, 2008. 31, 2015. [3] All offenders in a gang robbery, where one of the robbers commits murder, are punishable by death. [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. 11, 2010. 16-17, U.N. Doc. Unsure. 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 307, No. 54-71 U.N. Doc. [1] The current status of Myanmar’s constitution is unclear—the 2008 Constitution does not go into effect until elections scheduled for 2010. CRC/C/15/Add.237, Jun. 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. 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. Resolution 64/238 on the Situation of Human Rights in Myanmar, generally, U.N. Doc. 45 of 1860, May 1, 1861. [11] 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. [5] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 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. Death penalty possible in Myanmar cannabis farm case. 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. The state has used the death penalty against political opponents, including democratic actors, members of ethnic armed groups or insurgencies, and students. [7] U.N.G.A. A/71/484/Add.2, Dec. 6, 2016. Centre (ALRC), a non-governmental organization in general consultative status, generally, 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. 45 of 1860, May 1, 1861. 22-23, No. 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. [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. We did not find any resource or any reference to any resource from which an interested individual might obtain judicial decisions. [12]. [16] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. [23] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. 31, 2004; Burma Penal Code, arts. [18] The ambiguity as to the current state of the Constitution supports assertions that, currently, there are no normative constitutional principles for a judiciary to enforce. [15] Myanmar’s courts do not currently generate independent jurisprudence. 1, 1898. Myanmar’s junta has not carried out executions since 1988 and, despite continuing to pronounce death sentences, has made statements to Amnesty International that it will not carry out executions. events, published daily by the [5] Constitution of the Republic of the Union of Myanmar, art. There have also been attempts to expand the range of offences that may attract the death penalty, such as for child rape, although proposals have so far failed. The Department, unlike the Encyclopedia, does not recognize Myanmar’s U.N.-recognized name. [30] Reportedly, in 2009 Myanmar courts sentenced a child soldier to death for the murder of another child soldier. 295, 322-324, Ch. 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. Reportedly, no one has been executed since the 1980s. Police who raided the III M Nutraceutical Co. plantation said they found about 349,300 marijuana plants, 5,200 seedlings, 380 kilograms (838 pounds) of marijuana seeds, 1,804 grams (64 ounces) of marijuana oil, and chemicals and laboratory equipment YANGON, Myanmar — A court in Myanmar on Tuesday formally charged an American man and two local co-workers […] [1] U.S. Dept. 9, 2013. please contact. 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. 10, Sep. 10, 2007. 15, 2008. [12] DPW Executions and Death Sentences Monitor. 20, 22-23, 26, No. 1 of 1993. 1, 1898. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. 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. 194, No. 11, 2010. 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. Prosecution for political crimes cannot be brought except by order of the executive. He … Lowy Institute. 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. On charges that stemmed from a raid in 2007 by Drug enforcement death penalty in myanmar in Singapore rediscovery. 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