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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