A/HRC/42/CRP.5 flew low and circled the attack point several times before firing on the group. The attack did not result in any known AA casualties, indicating they were not in the vicinity of the attack. Finally, the Mission has received no indications of Rohingya joining or supporting the AA in a manner that would make them lawfully targetable under international humanitarian law. Based on these factors, the Tatmadaw could not have reasonably had a serious or genuine belief that the civilian Rohingya were taking a direct part in hostilities in support of the AA.722 (d) Baung Dut, Mrauk-U Township - 17 April 2019 314. On Wednesday 17 April 2019, Tatmadaw soldiers from Battalions 377 and 378 723 stationed in the hills surrounding the village of Baung Dut Village in Mrauk-U Township came out of their base at approximately 9pm and started shooting directly into the village.724 The village is located approximately three kilometres south of Mrauk-U’s urban centre. 315. Witnesses described the shooting as continuous and directed towards and around the village.725 One man who sought shelter in his bunker explained: “They were shooting toward the village, towards the houses. They were firing consistently.” 726 Shells also landed in the village, causing injuries and damaging property”.727 316. Two elderly men died in the attack. One of them was killed instantly; the second died later at a hospital.728 Another man was injured inside his house after a bullet grazed his face, resulting in permanent disfigurement. A bullet also injured his fourteen year-old daughter, hitting her arm and causing permanent disability.729 317. The next morning, when the shooting and shelling subsided, those injured sought treatment at Mrauk-U Hospital.730 Local charity organizations assisted the injured father and daughter with medical bills, as the Government provided no compensation or assistance.731 Villagers displaced from the village due to the attack sought shelter in an ad hoc displacement site located inside a monastery.732 318. The Commander-in-Chief of the Tatmadaw claimed that the AA had ambushed a military base in the area from a government-run school on that same evening. The statement made no reference to deaths, injuries or damage to property. 733 Villagers denied that there were any AA fighters inside the village or any kind of attack launched by the AA from within the village that day.734 722 723 724 725 726 727 728 729 730 731 732 733 734 The Mission received no information that the Rohingya were targeted as such in this attack. LI-215, LI-217, LI-218, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (19 April 2019). LI-217, LI-218, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (19 April 2019). Ibid., See also: https://www.rfa.org/burmese/news/one-villager-from-baungdok-village05152019065340.html LI-217. LI-218. LI-215, LI-217, LI-218, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (19 April 2019). LI-217, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (19 April 2019), https://www.rfa.org/burmese/news/weapon-hit-two-people-injure-04182019083402.html. LI-215, LI-217, The Irrawaddy, “Shelling Injures Two Civilians in N. Rakhine, Villagers Say” (19 April 2019). Ibid. LI-215, LI-217. The Office of the Commander-in-Chief of Defence Services, “The AA violent insurgents took diffused positions inside the village and attacked the regional Tatmadaw headquarters near Mrauk-U Town and Baung Dote village” (18 April 2019), http://cincds.gov.mm/node/2490. LI-217, LI-218. 97

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