BURMESE CONTINUE TO INVESTIGATE SHAN RAPE CASES

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001304

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STATE FOR EAP/BCLTV AND DRL
USCINCPAC FOR FPA

E.O. 12958: DECL: 10/06/2012
TAGS: PHUM BM
SUBJECT: BURMESE CONTINUE TO INVESTIGATE SHAN RAPE CASES

REF: A. (A) RANGOON 941

B. (B) RANGOON 1070

Classified By: COM Carmen Martinez. Reason: 1.5 (d).


1. (C) Summary: The GOB is continuing its investigation of
the Shan rape cases. According to Brigadier General Kyaw
Thein, a national intelligence team has investigated the
first 71 of the 173 cases cited in the License to Rape report
and so far found evidence of rape in five cases. The other
cases could not be substantiated, the Brigadier General
claimed, at least on the basis of the information in the
License to Rape report. The team will reportedly complete
investigations of all 173 cases over the next several months.
The team has given a copy of its preliminary report to the
Ministry of Foreign Affairs and encouraged MFA to brief UN
Special Rapporteur Pinheiro on their findings. We urged Kyaw
Thein to share the report in its entirety with Pinheiro so
that he could cross-check facts with sources in Thailand.
End Summary.


2. (C) The GOB has continued its investigation of the Shan
rape cases that were first described by the Shan Human Rights
Foundation and the Shan Women's Action Network in their joint
report, License to Rape. According to Brigadier General Kyaw
Thein, the GOB detailed a national intelligence team to look
into all 173 cases outlined in the report. Thus far, the
team had completed the investigation of 71 cases. Of those
71, 5 appeared to reflect real cases of rape, Kyaw Thein
commented. The other 66 could not be substantiated, at least
thus far, on the basis of the information in the "License to
Rape" report. Either the villages did not exist at the time
the incidents were reported to have taken place, or the
investigators were not able to trace the identities of the
women who claimed to be victims.


3. (C) The five cases that the team had been able to
substantiate were cases number 55, 60, 3, 53, and 69 in the
License to Rape report. However, in each case, and
particularly in regard to the last three cases, the facts
were slightly different from those described in the report.

Case No. 55 - The License to Rape report states that the
SPDC's township officer, Captain Ant Maw raped a woman in her
home in Murng Wee village in Nam Kham township of
Northeastern Shan State. According to the national
intelligence team, Captain Ant Maw and the woman had lived
together, but there was no rape. Nevertheless, Captain Ant
Maw was reprimanded for conduct unbecoming an officer and
forced to retire.

Case No. 60 - The License to Rape report states that Corporal
Naing Htay from 324th Light Infantry Battalion raped a
14-year-old invalid in Murng Yaen Village of Nam Tu township
in Shan State in August 1998. According to the national
intelligence team, the culprit was a Lance Corporal Ton Naing
of the 324th LIB, who was subsequently convicted of rape and
sentenced to 10 years imprisonment with hard labor.

Case No. 3 - The License to Rape report states that a soldier
from the 333rd Light infantry Battalion raped a 26-year-old
Lahu woman in Murng Sart township of Shan State in May 1992.
According to the national intelligence team, there was a rape
of a Lahu woman in that village by a Burmese Army soldier
from the 333rd Light Infantry Battalion, but the rape
occurred in April 1999, not May 1992. The soldier's platoon
leader paid compensation to the woman and no complaint was
ever filed by the village. The battalion did not report the
incident and no action was ever taken against the soldier.

Case No. 53 - The License to Rape report states that a
soldier from Murng Ton raped a 29- year-old Lahu women in the
Murng Ton area on July 16, 1998. According to the national
intelligence team, there is no record of a rape in 1998, but
a private from the 277th Light Infantry Battalion raped a
10-year-old Lahu girl in that area on April 17, 2002. The
soldier fled, but was shot dead while resisting arrest
several days later.

Case No. 69 - The License to Rape report states that two
soldiers from the 225th Light infantry battalion raped a
25-year-old woman in her home in Murng Ton township on
November 21, 1998. Again, there is no evidence of a rape in
1998, but, according to the national intelligence team, on
August 27, 1995, a private from the 255th LIB raped a 20
year-old Palaung girl in Murng Ton township. The private was
convicted of rape and sentenced to 20 years imprisonment; his
two accomplices were given three years each and his platoon
leader was reprimanded for failing to maintain control of his
men.


4. (C) Brigadier Kyaw Thein said that the national
intelligence team would look into the other 103 cases cited
in the License to Rape report. He also said that the team
had given a copy of its preliminary report to the Ministry of
Foreign Affairs and had encouraged the Ministry to brief UN
Special Rapporteur Pinheiro on their findings. Poloff
advised Brigadier Kyaw Thein that it would be best simply to
give Pinheiro a copy of the report. He could then
cross-check the facts with sources in Thailand and get to the
bottom of the 66 cases the GOB had not been able to
substantiate, as well as the other 103 the GOB had yet to
look into. Kyaw Thein said that he would find out if that
would be possible.

Comment


5. (C) The GOB told us on August 1 (ref A) that it was aware
of 10 cases of rape involving soldiers in Shan and Kayah
states. (It is possible that not all of these were
incorporated in the SHRF and SWAN report.) On August 23, we
witnessed the ludicrous GOB press conference in which the
regime claimed that no soldiers were involved in rapes (ref
B). The October 7 update from Brigadier General Kyaw Thein
-- one of the most credible and straight-forward Burmese
military officers -- appears to indicate that the Burmese
government finally recognizes that it has a serious human
rights and public relations problem on its hands. While the
GOB seriously damaged the little credibility that it has with
the international community at its press conference on August
23, this ongoing investigation may herald an effort within
the military to come to terms with this issue. Instilling
military discipline and justice, particularly in regard to
non-combatants in a guerrilla war, is the key to rectifying
this problem. The upcoming Pinheiro visit may help in this
regard, if the GOB takes steps to involve him in a process
consistent with international standards (and credibility).
End Comment.
Martinez