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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