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 SIPDIS 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