Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English ejaculated. They would beat her if she refused. In August 2017, shortly before she fled the country, she “massaged to ejaculation the most important big officer” at Thana Shok police station. She was also raped at Tankaling camp no. 19.409 184. The Mission documented the rape of a transgender girl, from Pyar Pin Yin village under Ah Twin Hnget Thay village tract in Buthidaung Township, who was sexually abused and raped by the police when she was fifteen. She stated that “they removed my clothing and raped me, they forced me to do bad things.”410 185. Tatmadaw soldiers, police and members of ethnic Rakhine communities also gang raped, raped and committed other forms of sexual violence against transgender Rohingya persons as they fled Myanmar during the clearance operations that began on 25 August 2017.411 186. After the “clearance operations” began, a transgender survivor was apprehended and gang raped by Tatmadaw soldiers wearing a green uniform at Tomburu Tala hills close to Bangladesh in Maungdaw Township. She was caught by three of these uniformed men as she tried to cross the hills. They ripped off her clothes, while they held her hands so she could not move. She told the Mission that she screamed as one soldier was on top of her “doing bad things” to her private parts. After they let her go, she was covered in blood but, when she met up with her family, she was too ashamed to tell her parents she had been gang raped by the military, instead stating she bumped into something as she fled. 412 187. Three days after the “clearance operations” began in 2017, in Ka Nyin Tan near Maung Ni in Maungdaw Township, a transgender person was gang raped multiple times by six men. Three wore black uniforms and white and red gloves while the other three were non-Rohingya in civilian clothes. They tied her hands, made her lie down and raped her repeatedly, forcefully inserting their penises inside her mouth and anus. The gang rape left her bleeding from her penis and anus and caused her to faint.413 Conclusions and legal findings 188. For all the cases documented in this section of the report, the Mission concludes on reasonable grounds that the violence amounted to torture or other forms of cruel, inhuman or degrading treatment or punishment.414 Similar to its conclusions above, the Mission also concludes on reasonable grounds that the sexual violence violated the Government’s obligation not to defeat the object and purpose of the International Covenant on Economic, Social and Cultural Rights under the Vienna Convention on the Law of Treaties. 415 The Mission also concludes that the sexual violence against transgender people, as members of the Rohingya civilian population in Rakhine State, amounted to the crimes against humanity of torture, rape, other inhumane acts and persecution as part of the widespread and systematic attack against the Rohingya civilian population as documented in the Mission’s 2018 report. Additionally, some cases of sexual violence were sufficiently connected with the armed conflict between the Tatmadaw and ARSA in relation to the “clearance operations” that began on 25 August 2017 to warrant an investigation as a war crime of rape, sexual violence, torture, cruel treatment, and outrages upon personal dignity.416 VIII. Witnessing of sexual violence against Rohingya 189. The Mission received credible information that Rohingya have been traumatised by their witnessing of rape and other sexual violence committed against wives, daughters, 409 410 411 412 413 414 415 416 44 NI-001. NI-005. NI-002, NI-003, NI-004, N-005. NI-005. NI-003. NI-001, NI-002, NI-003, NI-004, NI-005. See para. 30 NI-002, NI-003, NI-004, N-005.

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