Myanmar Spring Chronicle – December 06 Scenes
MoeMaKa, December 07 2022
The right to life of those sentenced to death & the image of alleged murders
7 Dagon University students were sentenced to death by a military tribunal in late November. There were reports that they would be executed soon and the fact that the day of execution might be on December 7th has gone viral on social media. The previous cases of Ko Jimmy and Ko Zeyar Thaw, who were sentenced to death in January this year and executed in the third week of July, alarmed the public and families of the seven Dagon University students who were recently sentenced to death.
The military council sentenced more than 90 of those arrested to death, including both men and women. According to the statement issued by information gathering and recording organizations, there are at least 30 to 40 people who have been sentenced to death in absentia.
Those sentenced to death by the military council are charged under criminal law, such as Article 302 (murder) or under sections of the anti-terrorist act, and most of them are imposed by military tribunals.
Martial law has been declared in 6 townships in Yangon since the middle of last year, and it is still in effect. Therefore, among the cases that occur in these 6 townships, the military tribunal usually judges the cases related to politics. The military tribunal, which is called by the civilian term, does not need to fully comply with the cross-examination of witnesses and the right to hire a lawyer like a trial in a civil court. After the case is heard roughly and the verdict is passed, there is no right to file a step-by-step appeal to the civil court, but only the right to file amendments and petitions. If the military authorities reject the petition, the sentence will be confirmed and action will be taken. A military tribunal is, in simple terms, a judicial system where all rights of defense are lost, and the punishment is usually the highest punishment provided by law.
After the military coup last year, the military council usually imposes life sentences in cases where they allege the victims of attacking the military council outposts and police guards, and killing the ward administrators, 100-houses heads and the accused junta informants.
After the military council executed a total of 4 people sentenced to death, including Ko Jimmy, Ko Zeyar Thaw and 2 others from Hlaing Tharyar in late July, the international governments, ASEAN, human rights officials, and Western embassies objected. I think it is important for international organizations, governments, embassies, and UN organizations to condemn and object against the execution of the 7 students currently sentenced to death.
On the other hand, in recent days, an incident of alleged killing by PDF groups has come to the news media, and the NUG government has to announce that it will conduct an investigation. That incident was when a female teacher from Tamu City was arrested, beaten, interrogated and then shot to death on the main road by a local PDF force last June.
Recently in Kanbalu Township, an incident in which a female lawyer was arrested and killed after returning from a court case occurred. The victim’s mother’s complaint to the NUG government to investigate and take action has also gone viral.
These two incidents may give the impression that the PDFs, who are attempting to depose the military council, are also murdering civilians. This can also weaken the international pressure that is urging not to carry out the execution of those sentenced to death.
This may lead to the conclusion that PDF armed forces are killing unarmed civilians.
In other words, when we are trying to stop the implementation of the death penalty, the emergence of such alleged killings of civilians is a bad coincidence.