His death had a chilling effect on pro-democracy actors and on the National League for Democracy who felt that one of their own had been targeted. 45 of 1860, May 1, 1861. His death had a chilling effect on lawyers and broader civil society movements who support efforts at constitutional change. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. [7], We do not know whether lawyers are available for indigent prisoners on appeal; a report by the U.S. Department of State suggests that if any such right is respected, the right is limited in political cases (such as treason). 22-23, No. Reportedly, no one has been executed since the 1980s. [6] The following sources corroborate the preceding paragraphs. Published daily by the [1] Aung Hla Tun, Myanmar Army-Backed Parties Set to Sweep Rare Poll, Reuters, http://www.reuters.com/article/idUSTRE6A600V20101108, Nov. 8, 2010. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. [4] Constitution of the Republic of the Union of Myanmar, arts. According to a 2017 report by the Myanmar National Human Rights Commission, 709 prisoners in 26 prisons across the country have had death sentences commuted to life imprisonment. It is possible that some information could be available through organizations such as the Burma Lawyers’ Council. 0 Number of Executions in . This is the paradox of the death penalty in Myanmar. [8], Reportedly, attorneys of defendants facing common criminal charges (such as for murder) are given an opportunity to prepare a defense and access government evidence; the relevance of quality legal representation in political cases is usually limited to sentencing, as guilt is pre-determined. [2] U.N., World Macro Regions and Components, U.N. Doc. [7] The discrepancy in reported death sentences and commutations suggests incomplete information on the true number of death sentences issued per year. Information current as of: February 27, 2011, Abolitionist de facto. [16] Note—now effective. On my recent visit to Myanmar, I attended the commemoration ceremony of U Ko Ni, the former lawyer and legal advisor to the National League for Democracy. [3] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010. 45 of 1860, May 1, 1861. Appellate review by the Supreme Court is automatic. A/HRC/13/48, Mar. [18] Myanmar Principles Laid Down to Serve as Bases in Prescribing State Fundamental Principles, National Convention, art. [26] Burma Penal Code, art. [27] We do not know whether executions are stayed if the individual becomes insane after sentencing. [21] Constitution of the Republic of the Union of Myanmar, art. [11] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. [12] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. An official from the Shan State Progress Party said Wednesday the death penalty was “the only option” for the 30-year-old, who assaulted the girl before throwing her body off a cliff. A/69/488/Add.2, Dec. 8, 2014. [11] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. An ethnic Shan armed group that unofficially controls a swathe of Shan State in northeastern Myanmar has sentenced a man to death for the kidnap, rape and murder of a six-year-old girl. Death penalty law status: De facto abolitionist [19] We checked the Burma Penal Code of 1860/61 and the Burma Code of Criminal Procedure of 1898, as amended. [23] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, A/63/430/Add.2, Dec. 4, 2008. 1 of 1993. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. We did not find reports on the nationalities of foreigners held on death row. The president has the power to pardon the death sentence, which he later did. A/HRC/13/48, Mar. 45 of 1860, May 1, 1861. Lowy Institute, © Copyright 2021 1, 1898. 1, 1898. 121-122, No. A/67/PV.60, Dec. 20, 2012. In 1993, the National Convention laid out 103 constitutional principles, none of which directly addressed the right to life; by 2007, the Convention had not yet developed any principle addressing the right to life. [5] ) An accessible version of the Death Penalty Worldwide Database will be available from February. 18, 2018. Our reading of the law is that only the District Court or the State or Divisional Court may initially try a capital case and pronounce a death sentence; whereupon the Supreme Court must confirm the death sentence or uphold an appeal against it. 17-18, U.N. Doc. [14] Amnesty Intl., Death Sentences and Executions 2018, p. 19, 50/9870/2019, Apr. 15, 2008. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 1 of 1993. The state has used the death penalty against political opponents, including democratic actors, members of ethnic armed groups or insurgencies, and students. 464, Jul. A/63/PV.70, Dec. 18, 2008. [4] During the course of 2014, Myanmar courts imposed at least one new death sentence. 31, 2004. And there is an overriding feeling justice has not been served. [16] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. [13] DPW Executions and Death Sentences Monitor. A/69/PV.73, Dec. 18, 2014. 23, 2013. [1], Murder.Premeditated murder is punished by death. A/67/457/Add.2, Dec. 8, 2012. consultative status, p. 2-3, U.N. Doc. [5] Myanmar Narcotic Drug and Psychotropic Substances Law, art. [8] U.S. Dept. [18] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. - Committing a crime punishable by at least four years imprisonment in the course of human trafficking is punishable by death. [22] U.S. Dept. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [20], Murder.Premeditated murder is punished by death. A/HRC/15/NGO/15, Aug. 22, 2010; U.N.G.A., Human Rights Council, Joint written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status and the Lawyers’ Rights Watch Canada (LRWC), a non-governmental organization in special consultative status, p. 2-3, U.N. Doc. [3] All offenders in a gang robbery, where one of the robbers commits murder, are punishable by death. [17] DPW Executions and Death Sentences Monitor. 29, 2015. Some have died while in custody. 30, 2010. A/65/PV.71, Dec. 21, 2010. Most of the prisoners on death row were convicted of crimes such as murder, rape and obstruction of justice by destroying evidence, the report stated. A/67/841, Apr. 16- 17, U.N. Doc. 5 of 2005. 9, 2013. 368, Jul. Skip To Main Content Amnesty International Amnesty International Menu Main menu Main menu CLOSE Who We Are How we're run Jobs & internships What We Do Countr Critics of the death penalty are often told that Myanmar had not actually carried out the death penalty for many years. Tel 020 7553 8140 [8] There has been no reported execution of a death sentence since 1988. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. [8] Amnesty Intl., Death Sentences and Executions in 2016, p. 17, ACT 50/5740/2017, Apr. Yes. Unclear. A/73/1004, Sep. 16, 2019. of State, 2009 Human Rights Report: Burma, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135987.htm, Mar. VIII, 2008. 45 of 1860, May 1, 1861. A/RES/64/238, Mar. 12, 2018. [29] The Committee on the Rights of the Child has expressed concern that individuals between the ages of 16 and 18 can face some adult penalties. Despite being a majority Buddhist country, Myanmar’s legal system endorses the death penalty for certain offences. 12, 2018. Myanmar’s troops frequently clash with ethnic rebel groups in Shan. Comments.We did not find a national law specifically prohibiting the execution of offenders for crimes committed while below the age of 18. 3-4, U.N. Doc. For example, some ethnic armed areas, such as parts of Karen State, have their own forms of criminal justice. 10, Sep. 10, 2007. 20, 22-23, No. [3] U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of 302, No. [4], We have found no reports specifically documenting the racial or ethnic composition of death row. 11, 2010. [14] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. [9] Amnesty Intl., Death Sentences and Executions in 2017, p. 18, ACT 50/7955/2018, Apr. At least nine, but very likely significantly more. 15, 1991, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Oct. 12, 2010. He … [8] Myanmar Anti Human Trafficking Law, art. There have also been reports of tribunals of the Kachin Independence Organisation in the Wa Region handing down the death penalty. [25]. It is certainly true that in 2014 President Thein Sein commuted all of the country’s death sentences to life imprisonment. [31]. 5 of 2005. Myanmar, Asia (South-eastern Asia) 9 Number of Individuals Currently Under Sentence of Death . Appeals lie to the immediately superior court. In this May 7, 2019, file photo, U.S. national John Fredric Todoroki leaves a local court after being arrested on allegations of operating a marijuana plantation in Ngazun Township, Mandalay region, central Myanmar. 302, No. 19, 24, 25, 27, 33, U.N. Doc. [10] By the end of 2018, there were 9 new death sentences. 31, 2004. [3] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. 20, 22-23, 26, No. 1 of 1993. In bars and on the street you overhear snatches of conversation about ‘the list’ that’s been circulated by the Trump transition team, which presumably itemises a fair few of the 3000 jobs up for grabs. [3]. [2] The U.N. Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, reported in 2010 that in Insein Prison (and other locations) extortion by prison staff and inadequate water and food rations were problems and that prisoners held hunger strikes in protest of inadequate medical care and a lack of reading and writing materials. 11, 2010. [24] From our reading of the Law, we cannot ascertain whether these exceptions are set forth in the Law itself (we did not find them), or whether executive interference with a non-independent judiciary prevents the judiciary from interpreting and following the Law. 11, 2010. 31, 2004; ECPM, La peine de mort dans le monde—La peine de mort : Myanmar (Birmanie), http://www.abolition.fr/ecpm/french/fiche-pays.php?pays=MMR, last accessed Oct. 12, 2010; Burma Penal Code, arts. The Burmese regime has used the death penalty as a tool to enforce their unjust power throughout their rule. He was among the most vocal of advocates for constitutional change in Myanmar. 302, No. 1, 1898. Comments.In February 2018, the government of Myanmar released a new National Drug Control Policy incorporating international best practices outlined in the 2016 Outcome Document of the UN General Assembly Special Session on Drugs. 84, No. 16-17, U.N. Doc. VII, No. According to a 2004 report by Amnesty International, at least some death-sentenced prisoners are held in Insein Prison. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 28, 2001 (discussing terrorism, oppression of the Rohingya group and a policy of disenfranchisement and displacement; also discussing forced labor relevant to that group and to civilians in general); VOANews.com, Burmese Rebel Group Denies Responsibility for Tuesday Blasts, http://www.voanews.com/english/news/asia/Burmese-Rebel-Group-Denies-Responsibility-for-Tuesday-Blasts-82945762.html, Jan. 28, 2010; AsiaNews.it, Leader of Burma’s Biggest Rebel Group Killed, http://www.asianews.it/news-en/Leader-of-Burma%E2%80%99s-biggest-rebel-group-killed-11527.html, Feb. 15, 2008 (note the displacement of Karen peoples and destruction of Karen villages); BBC News, Burmese Rebel Leader is Shot Dead, http://news.bbc.co.uk/2/hi/asia-pacific/7244684.stm, Feb. 14, 2008 (note discussion of the assassination as potentially political and by the junta); Burma News Intl., Karen Rebel Army Forced to Retreat, http://www.bnionline.net/news/mizzima/6524-karen-rebel-army-forced-to-retreat.html, Jun. A/62/658, Feb. 2, 2008. Reprieve [20] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. [6], Drug Possession.Possession is presumed to be in the course of trafficking if the offender possesses scheduled quantities of drugs. [4] Burma Code of Criminal Procedure, art. In political cases (such as treason), this right is probably infrequently respected or of no relevance because the issue of guilt is pre-determined. 121-122, No. around the world. 1 of 1993. 132, No. 31, 2004; Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010; ECPM, La peine de mort dans le monde—La peine de mort : Myanmar (Birmanie), http://www.abolition.fr/ecpm/french/fiche-pays.php?pays=MMR, last accessed Oct. 12, 2010. He was found guilty on charges that stemmed from a raid in 2007 by drug enforcement officers in Singapore. [2], Other Offenses Resulting in Death.Perjury resulting in execution of an innocent defendant is punishable by death. A/62/658, Feb. 2, 2008. Death penalty possible in Myanmar cannabis farm case. [9] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010; ECPM, La peine de mort dans le monde—La peine de mort : Myanmar (Birmanie), http://www.abolition.fr/ecpm/french/fiche-pays.php?pays=MMR, last accessed Oct. 12, 2010. 45 of 1860, May 1, 1861. [2] The 1947 Constitution contained no direct protection of the right to life; the 1974 junta-imposed Constitution also contained no such protection. Commuted all of the Republic of the Nations, Myanmar ’ s courts do not know Executions! 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