[27] Burma Code of Criminal Procedure, 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. 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. In application, Myanmar’s junta-controlled courts have expanded the scope of the death-eligible offense of high treason. 295, 322-324, Ch. 31, 2004; Burma Penal Code, arts. An accessible version of the Death Penalty Worldwide Database will be available from February. 16- 17, U.N. Doc. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. 11, 2011. Appellate review by the Supreme Court is automatic. [14] The Anti Trafficking in Persons Law, arts. 20, No. [17] DPW Executions and Death Sentences Monitor. An official from the Shan State Progress Party 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. 302, No. 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. [1], Murder.Premeditated murder is punished by death. For example, some ethnic armed areas, such as parts of Karen State, have their own forms of criminal justice. [11] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. international events from experts at the Lowy Institute and [12]. An official from the Shan State Progress Party 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. 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. [26] Burma Penal Code, art. 5 of 2000. 18, 2018. [20] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/HRC/14/NGO/40, May 17, 2010. Fax 020 7553 8189 [2] Note—now effective. Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 1, 1898. 6, 2016. 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. Despite being a majority Buddhist country, Myanmar’s legal system endorses the death penalty for certain offences. [3] Burma Penal Code, art. 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. The website of the Burma Lawyers’ Council was a useful starting point in researching the state and development of the law in Myanmar, a subject that is somewhat unclear: http://www.blc-burma.org/. 28, 2010; U.S. Dept. [23] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, 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. 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. 0 Number of Executions in . 396, No. 1 of 1993; Burma Penal Code, art. 382, Jul. 196, Jul. A/62/439/Add.2, Dec. 5, 2007. 11, 2017. [9], Economic Crimes Not Resulting in Death.Individuals who commit drug offenses by “making use of the influence or power of a public servant” are punishable by death. 3-4, U.N. Doc. 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. 1 of 1993. YANGON, Myanmar — A court in Myanmar on Tuesday formally charged an American man and two local co-workers with violating drug laws concerning … [5] ) 31, 2015. [14]. 11, 2010. The figure was 1100 sexual assaults reported a year earlier, with 429 adult victims and 671 child victims. 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 … 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. 10, 2010 (discussing systematic torture, forced labor, humanitarian violations, and discrimination); Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 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. Some of the new laws passed by parliament, such as the Anti-Terrorism Law, includes the death penalty for certain offences. They are the two Burmese laborers Guo Zuolin and Guo Wen Zuotun who were sentenced to death in Thailand for suspected turtle island murder. - Committing a crime punishable by at least four years imprisonment in the course of human trafficking is punishable by death. 1 of 1993. 12, 2018. 1 of 1993. [3]. The state has used the death penalty against political opponents, including democratic actors, members of ethnic armed groups or insurgencies, and students. [9] U.S. Dept. 45 of 1860, May 1, 1861. 31, 2004. [28] We checked the laws of Myanmar (Burma) as available through the Burma Lawyers’ Council at http://www.blc-burma.org/. A/63/430/Add.2, Dec. 4, 2008. [5] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 45 of 1860, May 1, 1861. Officials of Myanmar’s Shan State has sentenced a man to death for the kidnap, rape and murder of a six-year-old girl. According to a 2004 report by Amnesty International, at least some death-sentenced prisoners are held in Insein Prison. [24], Pregnant Women.Women cannot be executed during pregnancy, and the court will postpone the death sentence or may reduce the sentence to life imprisonment. Resolution 64/238 on the Situation of Human Rights in Myanmar, 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 … It was also used throughout the colonial era. [10] 11, 2010. [12] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. Shan State is home to several armed ethnic groups who are allowed unofficial autonomy in an uneasy agreement with Myanmar’s military. The predominant factor in a capital conviction for high treason is that of a perceived threat to the junta’s power. Myanmar is a de facto abolitionist country; there has not been an execution since 1988. 84, No. [5], The 2008 Constitution does not make reference to obligations under international law. [8] U.S. Dept. A/69/488/Add.2, Dec. 8, 2014. [15] Myanmar’s courts do not currently generate independent jurisprudence. The Interpreter features in-depth analysis & [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. [17] Constitution of the Republic of the Union of Myanmar, art. 22-23, No. to the ICCPR, 999 U.N.T.S. [5] Status, Declarations, and Reservations, Second Optional Prot. Burma has a long history of capital punishment, tracing its roots back to the monarchy period. A/73/589/Add.2, Dec. 4, 2018. 45 of 1860, May 1, 1861. 204, 2008. 15, 2008. [25] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 45 of 1860, May 1, 1861. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, It is worth noting, however, that the junta in Myanmar carries out a policy of ethnic oppression; ethnic Rohingyas, Shan, Karen, Karenni and other groups that have historically sought a higher level of autonomy from the Myanmar majority are persecuted. [1] Burma Penal Code, art. A/73/1004, Sep. 16, 2019. The perpetrators of Ko Ni’s death may have had a chilling effect on democratisation, but the death penalty is unable to undo the major political setback his assassination triggered. The court handed down the death penalty for two of the accused. [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. In political cases (such as treason), this right is probably infrequently respected or of no relevance because the issue of guilt is pre-determined. [18] Myanmar Principles Laid Down to Serve as Bases in Prescribing State Fundamental Principles, National Convention, art. The hierarchy of courts is: (1) Supreme Court; (2) State or Divisional Court; (3) District Court; (4) Township Court. [20] Burma Penal Code, art. 1 of 1993. A/69/PV.73, Dec. 18, 2014. There have also been reports of tribunals of the Kachin Independence Organisation in the Wa Region handing down the death penalty. A/67/841, Apr. 45 of 1860, May 1, 1861. [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. (According to our research, over the recent past treason is the crime for which death sentences are usually pronounced in Myanmar. [17] The constitution most recently in effect was a 1974 junta-imposed document; by 1993, a new junta (which seized power in 1988) began promulgating through a National Convention proposed principles that form the basis of the 2008 Constitution. Terrorism-related offenses are likely prosecuted as treason against the state. 28, 2010; Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. The Department, unlike the Encyclopedia, does not recognize Myanmar’s U.N.-recognized name. Published [16] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 11, 2010. A/62/PV.76, Dec. 18, 2007. 54, No. 302, No. [2] The U.N. Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, reported in 2010 that in Insein Prison (and other locations) extortion by prison staff and inadequate water and food rations were problems and that prisoners held hunger strikes in protest of inadequate medical care and a lack of reading and writing materials. The predominant factor in a gang robbery, where one of the death paradox! For some, though not comprehensive, protection of Fundamental Human Rights Report: Burma, Denial of Fair Trial! The racial or ethnic composition of death Sentences and Executions in 2013 U.N.. Research, over the recent past treason is that of a death sentence 1988..., 33, U.N. 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