November 28, 2011

CRIMES IN NORTHERN BURMA ျမန္မာျပည္ေျမာက္ပိုင္းမွရာဇ၀တ္မႈမ်ား

ျမန္မာျပည္ေျမာက္ပိုင္း ကခ်င္ျပည္နယ္တေလွ်ာက္တြင္ ျဖစ္ပြားေနေသာ ရာဇ၀တ္မႈမ်ားကို ထိုေဒသရွိ လူ၂၀၀ေက်ာ္အား အင္တာဗ်ဴးျပဳစုထားပါသည္။ ၃၂ဦးကို အေသးစိတ္အင္တာဗ်ဳးက ယခုမွတ္တမ္းစာအုပ္ငယ္ထုတ္ေ၀ပါသည္။ ၾသစေၾတးလွ်ားအေျချပဳ အဖြဲ႔အစည္းျဖစ္သည္။

executive sumary
On 9 June 2011, civil war broke out in northern Burma between the Burma Army and the Kachin Independence Army (KIA), ending a 17-year long ceasefire agreement. This report presents data collected from a Partners investigation in southern Kachin State, Burma in October 2011. The testimony of witnesses and on-site photographs reveal multiple acts perpetrated by Burma Army battalions 74 and 276 against ethnic Kachin civilians that potentially amount to war crimes and other extreme crimes. These acts include torture, extrajudicial killing, the specific targeting of civilians, human shielding, unlawful arrest, unlawful detention, forced labor, forced relocation, displacement, property theft and property destruction.
Witnesses reported that Burma Army soldiers entered Nam Lim Pa village on 8 October 2011.
Men were arrested and detained for forced labor. Women and children were detained in the Roman Catholic church compound against their will and without provocation or expressed reason.

Violent injuries demonstrate signs of extreme physical abuse and strongly suggest the intentional infliction of severe pain or suffering while in custody. Civilian casualties included torture and execution. Eyewitness reports indicate no Kachin Independence Army presence during the time of the attacks.

Villagers were forcibly relocated and displaced by armed soldiers. Houses, offices and churches
were robbed and vandalized, all without justification. At least one home was robbed and burned to the ground while its owner was arrested and detained.
The results from this fact-finding mission to Kachin State reveal evidence of crimes that potentially amount to war crimes, perpetrated by the Burma Army against ethnic Kachin civilians and their properties in October 2011. Based on the incidents documented in this report, the Burma Army is in contravention of its legal obligations under international humanitarian and human rights law.

Considering the nature and scale of these acts in combination with documented abuses in the broader civil war in Kachin State, the actions of the Burma government and the Burma Army may also amount to other serious violations, including crimes against humanity. Those responsible must be brought to justice and held accountable for their actions. Partners makes the following key recommendations:

This report is based on a culmination of data collected by Partners investigators during an
October 2011 fact-finding mission. In preparing this report, Partners collected information
through local coordinators and eyewitness interviews of at least 200 people affected by conflict
in southern Kachin State.
Partners conducted 32 in-depth interviews with eyewitnesses and those directly affected by
attacks occurring in October 2011. All 32 of those interviewed for the report have been displaced
at least one time during the last four months and were able to provide detailed information on
recent incidents of human rights abuse and conditions of displacement in southern Kachin State.
Interviewees included a diverse demographic, representing ages ranging from 8 to 74 years old,
each with first-hand experience in an attack on Nam Lim Pa village that began 8 October 2011.
Partners conducted interviews with 11 representatives of community-based organizations
with years of knowledge and experience working with at-risk communities in Burma. Partners also interviewed members of the armed opposition groups who often provide protection and logisticalsupport to displaced populations and relief workers assisting displaced populations in Burma.

For security reasons, it was not possible to interview active officers of the Burma Army. All interviews were conducted in English or, when possible, in the native language of the interviewee. Interviews were documented based on the framework for recording human rights
violations provided by the HURIDOCS events standard formats1 methodology. Interviews with
children were conducted with their consent and in the presence of their parents. Partners has
withheld the names and identifying information of the interviewees to protect them from potential reprisals by the Burma government. All interviewees were informed of the purpose of the interview and how the information would be used. All interviewees participated in the interview process voluntarily and provided oral consent to be interviewed in advance. No interviewee received any compensation for their information.
All case studies in this report present details directly from witness testimonies, as described
by the witness themselves.

Book index
Partners Relief & Development ii
A message from the CEO iii
Executive Summary 1
Methodology 2
Scope 3
Investigation Findings
Torture & Extrajudicial Killing 5
Civilian Casualties 9
Human Shielding 19
Unlawful Arrest & Forced Labor 25
Forced Relocation & Displacement 29
Property Theft & Destruction 35
Alleged Perpetrator 49
Legal Obligations 53
Recommendations 55


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