A/HRC/42/CRP.5 377. During the afternoon of 2 May 2019, the injured were transported to hospital, one of whom later died because of his injuries.846 378. Family members of those killed were given compensation of 300,000 Kyat (about 200 USD). Many did not want to accept the money but felt pressured to do so in the hope that it would lead to the immediate release of the other men.847 One widow stated: “I didn’t want to take their money. I felt like yelling and screaming. My husband’s life is not worth 300,000 Kyat. But I couldn’t do this. They had guns.”848 379. The entire village remained under military lockdown for two weeks. Villagers were unable to leave and there was limited access to food, medicine and livelihoods.849 Groups of men and older boys were progressively released from the school during this time. Those who remained detained continued to have limited access to food and lived in poor sanitary conditions.850 As of 14 May 2019, all but eight detainees were released from the school; the remaining eight men were charged with terrorism-related offenses.851 380. The Government announced that there would be a military investigation into the killing.852 At the time of writing no further details had been publicized. 381. The Myanmar National Human Rights Commission undertook a separate inquiry. The Commission’s conclusions accepted the Tatmadaw’s version of the incident: that villagers launched a coordinated attack on the troops and tried to grab their guns as they were being held in a school compound.853 The statement of a military spokesperson, however, cast doubt on the Commission’s independence when he reportedly announced that “The Human Rights Commission member’s trip is assisted by the military”.854 382. Kyauk Tan villagers criticized the Commission for not giving more weight to the many credible eyewitness accounts of villagers who refuted the claim that people in the school compound tried to take guns from soldiers.855 As one villager stated: Under the name of the Myanmar National Human Rights Commission I hoped that the abuses of rights our people would be exposed. However when their report came out I felt so sad and hopeless. There is no justice, and no one protects our rights.856 383. The Tatmadaw announced that from July 2019 it would carry out a further investigation into the deaths by constituting a “court of inquiry”. 857 Since this announcement there has been no public information about the status of these investigations. (c) Conclusions and legal findings Deaths in custody 846 847 848 849 850 851 852 853 854 855 856 857 108 LI-202, Nan Lwin Hnin Pwint, “MNHRC Investigating Villager Deaths in Military Custody,” (The Irrawaddy, 30 May 2019). LI-203, LI-204. LI-204. LI-203, The Irrawaddy, “Army Says 6 Villagers Shot Dead in Detention in N. Rakhine” (2 May 2019); Agence France Press, “Myanmar village in army lockdown 'running out of food” (5 June 2019). LI-202, LI-203. LI-202, LI-203. Radio Free Asia, “Myanmar Army Investigates Kyauk Tan Shooting as Villagers Dispute Military Account” (5 June 2019). Myanmar National Human Rights Commission, "Media Statement 3/2019 regarding the incident in Kyauk Tan village, Rathedaung Township, Rakhine State" (13 June 2019), available at: http://www.mnhrc.org.mm/s-3-2019/. Radio Free Asia, “Villagers Demand Answers as Myanmar Rights Commission Visits Rakhine Shooting Site�� (31 May 2019). LI-202, LI-203, LI-204, Myanmar National Human Rights Commission, "Media Statement 3/2019 regarding the incident in Kyauk Tan village, Rathedaung Township, Rakhine State" (13 June 2019): http://www.mnhrc.org.mm/s-3-2019/. LI-202. The Office of the Commander-in-Chief of Defence Services, "A Court of Inquiry will be formed to investigate some deaths in custody" (3 May 2019): http://cincds.gov.mm/node/3453.

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