Death Penalty Database

Myanmar

Information current as of: February 27, 2011

General

Official Country Name

Union of Myanmar (Myanmar or Burma). [1]

Geographical Region

Asia (South-eastern Asia). [2]

Death Penalty Law Status

Abolitionist de facto.

Reportedly, no one has been executed since the 1980s. [3]

Methods of Execution

Hanging. [4]

References

[1] U.S. Dept. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. 28, 2010; Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. The Department, unlike the Encyclopedia, does not recognize Myanmar’s U.N.-recognized name.
[2] U.N., World Macro Regions and Components, U.N. Doc. ST/ESA/STAT/SER.R/29, 2000.
[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.
[4] Burma Code of Criminal Procedure, art. 368, Jul. 1, 1898.

Country Details

Language(s)

Burmese. [1]

Population

53,400,000. 53,400,000. [2]

Number of Individuals Currently Under Sentence of Death

1.

In January 2014, President Thein Sein commuted all of the country’s death sentences to life imprisonment. [3] During the course of 2014, Myanmar courts imposed at least one new death sentence. [4]

(This question was last updated on July 21, 2015.)

Annual Number of Reported Executions

Executions in 2017 to date (last updated on October 18, 2017)

0. [5]

Executions in 2016

0. [6]

Per capita execution rate in 2016

Executions in 2015

0. [7]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [8]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [9]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [10]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [11]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [12]

Executions in 2009

Executions in 2008

0. [14]

Executions in 2007

0. [15]

Year of Last Known Execution

1988. [16]

References

[1] U.S. Dept. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. 28, 2010; Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010.
[2] U.S. Dept. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. 28, 2010. The Department notes that no official census has occurred in Myanmar since 1983; it is somewhat likely that the Department is making a estimation based on the U.N.’s population growth projection for Myanmar. Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010.
[3] UN News Centre, UN rights office praises Myanmar for commuting all death sentences, http://www.un.org/apps/news/story.asp?NewsID=46904#.Va6gGipViko, Jan. 10, 2014.
[4] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[5] DPW Executions and Death Sentences Monitor.
[6] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[7] DPW Executions and Death Sentences Monitor.
[8] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[9] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[10] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[11] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[12] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[13] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. 30, 2010.
[14] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. 24, 2009.
[15] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 15, 2008.
[16] 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.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
Murder by a person serving a life sentence or murder in the course of committing an offense that is punishable by seven or more years’ imprisonment is punished by death. [1]

Murder.
Premeditated murder is punished by death. [2]

Other Offenses Resulting in Death.
Perjury resulting in execution of an innocent defendant is punishable by death. [3] All offenders in a gang robbery, where one of the robbers commits murder, are punishable by death. [4]

Drug Trafficking Not Resulting in Death.
Drug trafficking, import or export, facilitation of same, or production, distribution, and sale of drugs is punishable by death. [5] The penalty is mandatory if the offender is a recidivist, part of a criminal organization, uses arms or explosives, uses children under the age of 16 or uses the influence of a public servant in carrying out the offense. [6]

Drug Possession.
Possession is presumed to be in the course of trafficking if the offender possesses scheduled quantities of drugs. [7] Drug trafficking is punishable by death; [8] the penalty could be mandatory under some circumstances. [9]

Economic Crimes Not Resulting in Death.
Individuals who commit drug offenses by “making use of the influence or power of a public servant” are punishable by death. [10]

Treason.
High Treason is punishable by death. [11]

Military Offenses Not Resulting in Death.
Abetting a successful mutiny is punishable by death. [12]

Other Offenses Not Resulting in Death.
- Assault by a person under a life sentence, causing harm, and also assault with the intention to murder, causing only harm, is punishable by death. [13]
- Committing a crime punishable by at least four years imprisonment in the course of human trafficking is punishable by death. [14]

Comments.
Terrorism-related offenses are likely prosecuted as treason against the state. [15] We did not find the military law.

Does the country have a mandatory death penalty?

Yes.

Although the death penalty has reportedly not been applied since the 1980s, [16] the statutory language for certain offenses mandates the death penalty, [17] and we did not find any universal provisions that permit courts to exercise discretion in such cases. [18]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

Aggravated Murder.
Murder by a person under a sentence of life imprisonment or in the course of committing an offense punishable by seven or more years’ imprisonment is punished by death. [19]

Murder.
Premeditated murder is punished by death. [20]

Drug Trafficking Not Resulting in Death.
Drug trafficking, import or export, facilitation of same, or production of drugs carries the mandatory death penalty if the offender is a recidivist, part of a criminal organization, uses arms or explosives, uses children under the age of 16 or uses the influence of a public servant in carrying out the offense. [21]

Drug Possession.
Drug possession is presumed to be in the course of trafficking if scheduled quantities of drugs are found; drug trafficking carries the mandatory death penalty if the offender is a recidivist, part of a criminal organization, uses arms or explosives, uses children under the age of 16 or uses the influence of a public servant in carrying out the offense. [22]

Crimes For Which Individuals Have Been Executed Since January 2008:

Reportedly, no one has been executed since the 1980s. [23]

Categories of Offenders Excluded From the Death Penalty:

Pregnant Women.
Women cannot be executed during pregnancy, and the court will postpone the death sentence or may reduce the sentence to life imprisonment. [24]

Mentally Ill.
Nothing is an offense when done by a person who because of unsoundness of mind is incapable of knowing the nature of the act or its wrongness or criminality at the time it is done. [25] Insane individuals cannot stand trial. [26] We do not know whether executions are stayed if the individual becomes insane after sentencing.

Comments.
We did not find a national law specifically prohibiting the execution of offenders for crimes committed while below the age of 18. [27] Myanmar is party to the Convention on the Rights of the Child and has withdrawn its reservations. [28] 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. [29] Reportedly, in 2009 Myanmar courts sentenced a child soldier to death for the murder of another child soldier. [30]

References

[1] Burma Penal Code, art. 302, No. 45 of 1860, May 1, 1861.
[2] Burma Penal Code, art. 302, No. 45 of 1860, May 1, 1861.
[3] Burma Penal Code, art. 194, No. 45 of 1860, May 1, 1861.
[4] Burma Penal Code, art. 396, No. 45 of 1860, May 1, 1861.
[5] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 20, No. 1 of 1993.
[6] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 22-23, No. 1 of 1993.
[7] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 26, No. 1 of 1993.
[8] Myanmar Narcotic Drug and Psychotropic Substances Law, art. 20, No. 1 of 1993.
[9] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 22-23, No. 1 of 1993.
[10] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 20, 22, No. 1 of 1993.
[11] Burma Penal Code, arts. 121, 122, No. 45 of 1860, May 1, 1861.
[12] Burma Penal Code, art. 132, No. 45 of 1860, May 1, 1861.
[13] Burma Penal Code, art. 307, No. 45 of 1860, May 1, 1861.
[14] The Anti Trafficking in Persons Law, arts. 3(e), 29, No. 5 of 2005.
[15] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 31, 2004.
[16] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010.
[17] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 20, 22-23, No. 1 of 1993; Burma Penal Code, art. 302, No. 45 of 1860, May 1, 1861.
[18] We checked the Burma Penal Code of 1860/61 and the Burma Code of Criminal Procedure of 1898, as amended.
[19] Burma Penal Code, art. 302, No. 45 of 1860, May 1, 1861.
[20] Burma Penal Code, art. 302, No. 45 of 1860, May 1, 1861.
[21] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 20, 22-23, No. 1 of 1993.
[22] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 20, 22-23, 26, No. 1 of 1993.
[23] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Oct. 11, 2010.
[24] Burma Code of Criminal Procedure, art. 382, Jul. 1, 1898.
[25] Burma Penal Code, art. 84, No. 45 of 1860, May 1, 1861.
[26] Burma Code of Criminal Procedure, art. 464, Jul. 1, 1898.
[27] We checked the laws of Myanmar (Burma) as available through the Burma Lawyers’ Council at http://www.blc-burma.org/.
[28] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 3, Jul. 15, 1991, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Oct. 12, 2010.
[29] U.N. CRC, Committee on the Rights of the Child, Concluding observations: Myanmar, para. 78, U.N. Doc. CRC/C/15/Add.237, Jun. 30, 2004.
[30] Amnesty Intl., Death Sentences and Executions in 2009, p. 8, ACT 50/001/2010, Mar. 30, 2010.

International Commitments

ICCPR

Party?

No. [1]

Date of Accession

Not Applicable.

Signed?

No. [2]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [3]

Date of Accession

Not Applicable.

Signed?

No. [4]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [5]

Date of Accession

Not Applicable.

Signed?

No. [6]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [7]

Vote

Abstained. [8]

Signed the Note Verbale of Dissociation

No.

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [9]

Vote

Abstained. [10]

Signed the Note Verbale of Dissociation

No. [11]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [12]

Vote

Against. [13]

Signed the Note Verbale of Dissociation

Yes. [14]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [15]

Vote

Against. [16]

Signed the Note Verbale of Dissociation

Yes. [17]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [18]

Vote

Against. [19]

Signed the Note Verbale of Dissociation

Yes. [20]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [21]

Vote

Against. [22]

Signed the Note Verbale of Dissociation

Yes. [23]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 12, 2010.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 12, 2010.
[3] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Oct. 12, 2010.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Oct. 12, 2010.
[5] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Oct. 12, 2010.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Oct. 12, 2010.
[7] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[8] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[9] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[10] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[11] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[12] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[13] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[14] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[15] 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. A/65/456/Add.2, Dec. 8, 2010.
[16] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[17] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[18] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[19] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[20] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[21] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. 3-4, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[22] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[23] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

Myanmar’s 2008 Constitution should now be in effect as planned because the November 7, 2010 elections did take place. [1] The current status of Myanmar’s constitution is unclear—the 2008 Constitution does not go into effect until elections scheduled for 2010. [2] The 1947 Constitution contained no direct protection of the right to life; the 1974 junta-imposed Constitution also contained no such protection. In 1988, a new junta seized power; by 1993, this junta began considering new constitutional principles. 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. [3] The condition of Myanmar’s constitution is now somewhat, though not wholly, improved. Under Articles 353 and 373 of the 2008 Constitution, an individual cannot be deprived of life except in execution of a law existing at the time of the offense. [4] This right may be weakened by Article 382 of the Constitution, which allows legislation to strip away fundamental rights under certain circumstances. [5]

Does the country’s constitution make reference to international law?

The 2008 Constitution does not make reference to obligations under international law. [6]

Have there been any significant changes in the application of the death penalty over the last several years?

In 1993, Myanmar expanded the death penalty to apply to drug trafficking; [7] in 2005, it expanded the death penalty to apply to human trafficking. [8] There has been no reported execution of a death sentence since 1988. [9]

Our research suggests that over the past decade death sentences have mainly been pronounced for political offenses, a significant fraction of which have been non-violent. [10]

In application, Myanmar’s junta-controlled courts have expanded the scope of the death-eligible offense of high treason. While death-eligible high treason is defined as waging, preparing to wage or instigating actual war against the actual nation of Myanmar, the junta controlled courts have applied the death penalty to a broader range of “high treason.” Under the junta, “high treason” has been applied against families with economic interests contrary to the junta’s, against individuals who happen to have had contact with rebels, and against individuals who exercise free speech. The predominant factor in a capital conviction for high treason is that of a perceived threat to the junta’s power. [11] Nevertheless, the current junta has committed to a policy of non-execution of death sentences and has not executed anyone since taking power in 1988. [12]

Is there currently an official moratorium on executions within the country?

Unsure.

Myanmar’s junta has not carried out executions since 1988 and, despite continuing to pronounce death sentences, has made statements to Amnesty International that it will not carry out executions. [13] However, Myanmar has opposed United Nations resolutions for a global moratorium on the death penalty. [14] In light of the junta’s assurances to Amnesty International and its long record of non-execution, its opposition to the U.N. resolution could signify nothing more than resolve that Myanmar will abolish the death penalty in its own time frame. But we are unaware of any clearly official de jure moratorium on executions.

Have there been any significant published cases concerning the death penalty in national courts?

Reports by the Asian Legal Resources Centre, the Lawyers’ Rights Watch Canada, and Amnesty International conclude that Myanmar does not have a judiciary in any meaningful sense; instead, the judiciary is an administrative body of the junta-controlled executive, which wields unchecked power. The courts apply laws as dictated by the executive but do not engage in independent review of laws to protect human rights; courts essentially convict and sentence at the direction of the executive and the paramilitary police force. In capital cases, the courts have convicted defendants of high treason despite minimal or nonexistent relevance of the reported facts to the crime of high treason as defined by law. [15] Myanmar’s courts do not currently generate independent jurisprudence.

The 2008 constitution, which will be effective upon the next election (projected for November 2010), [16] provides for appellate review of Constitutional questions by the Supreme Court and for the ultimate jurisdiction of the Constitutional Tribunal on constitutional questions. The 2008 Constitution provides for some, though not comprehensive, protection of fundamental human rights. [17] The constitution most recently in effect was a 1974 junta-imposed document; by 1993, a new junta (which seized power in 1988) began promulgating through a National Convention proposed principles that form the basis of the 2008 Constitution. [18] The ambiguity as to the current state of the Constitution supports assertions that, currently, there are no normative constitutional principles for a judiciary to enforce.

Where can one locate or access judicial decisions regarding the death penalty?

We did not find any resource or any reference to any resource from which an interested individual might obtain judicial decisions. It is possible that some information could be available through organizations such as the Burma Lawyers’ Council. [19]

What is the clemency process?

Under Article 54 of the Penal Code, the President may commute the offender’s sentence to any other punishment provided by the Code. [20] In the 2008 Constitution, this power is retained by the President, who may grant a pardon or, in accordance with the recommendations of the National Defense and Security Council, grant an amnesty. [21]

Are jury trials provided for defendants charged with capital offenses?

Juries are not used in Myanmar. [22]

Brief Description of Appellate Process

The Judiciary Law of 2000 renames courts but does not clearly specify which courts have original jurisdiction in capital cases or set forth the appellate process for a capital case. The hierarchy of courts is: (1) Supreme Court; (2) State or Divisional Court; (3) District Court; (4) Township Court. Appeals lie to the immediately superior court. 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. Appellate review by the Supreme Court is automatic. [23] Reports from some resources suggest that the Law on the Judiciary allows for broad exceptions to these procedures. [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.

References

[1] Aung Hla Tun, Myanmar Army-Backed Parties Set to Sweep Rare Poll, Reuters, http://www.reuters.com/article/idUSTRE6A600V20101108, Nov. 8, 2010.
[2] Note—now effective.
[3] Myanmar Principles Laid Down to Serve as Bases in Prescribing State Fundamental Principles, National Convention, art. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. 10, Sep. 10, 2007.
[4] Constitution of the Republic of the Union of Myanmar, arts. 353, 373, 2008.
[5] Constitution of the Republic of the Union of Myanmar, art. 382, 2008.
[6] Constitution of the Republic of the Union of Myanmar, 2008.
[7] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. 20, 22-23, 26, No. 1 of 1993.
[8] Myanmar Anti Human Trafficking Law, art. 29, No. 5 of 2005.
[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.
[10] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 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; Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[11] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. 31, 2004; Burma Penal Code, arts. 121-122, No. 45 of 1860, May 1, 1861.
[12] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 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.
[13] 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; Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 31, 2004.
[14] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009; U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.
[15] U.N.G.A., Human Rights Council, Written statement submitted by the Asian Legal Resource

Centre (ALRC), a non-governmental organization in general consultative status, generally, U.N. Doc. 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. A/HRC/14/NGO/40, May 17, 2010; Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. 31, 2004. To see the difference between the statutory crime of high treason and the facts on which defendants have been convicted, compare Amnesty’s Myanmar—The Administration of justice…, p. 20-25, to the Burma Penal Code, arts. 121-122, No. 45 of 1860, May 1, 1861.

[16] Note—now effective.
[17] Constitution of the Republic of the Union of Myanmar, art. 295, 322-324, Ch. VIII, 2008.
[18] Myanmar Principles Laid Down to Serve as Bases in Prescribing State Fundamental Principles, National Convention, art. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. 10, Sep. 10, 2007.
[19] Website at http://www.blc-burma.org/, last accessed Jan. 15, 2010.
[20] Burma Penal Code, art. 54, No. 45 of 1860, May 1, 1861.
[21] Constitution of the Republic of the Union of Myanmar, art. 204, 2008.
[22] U.S. Dept. 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. 11, 2010.
[23] Myanmar Judiciary Law, art. 5, Ch. VII, No. 5 of 2000.
[24] U.S. Dept. 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. 11, 2010.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

According to a 2004 report by Amnesty International, at least some death-sentenced prisoners are held in Insein Prison. [1]

Description of Prison Conditions

The U.S. Department of State reports that prison conditions in Myanmar are harsh and life threatening, with limited access to basic needs and medical care. [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. While we do not know the extent to which substandard conditions are faced by those under sentence of death, prisoners in general are exposed to an environment in which torture, deaths from torture, other physical, psychological and sexual abuse, deliberately substandard medical care, deprivation of food and water as punishment, and other inherently life-threatening conditions are common. [3]

Are there any known foreign nationals currently under sentence of death?

Unclear. We did not find reports on the nationalities of foreigners held on death row.

What are the nationalities of the known foreign nationals on death row?

We did not find reports on the nationalities of foreigners held on death row.

Are there any known women currently under sentence of death?

We did not find reports on women held under sentence of death.

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

Yes. Amnesty International reported that in 2009 a child soldier was sentenced to death for the murder of another child soldier in Myanmar. [4]

Comments regarding the racial/ethnic composition on death row

We have found no reports specifically documenting the racial or ethnic composition of death row. It is worth noting, however, that the junta in Myanmar carries out a policy of ethnic oppression; ethnic Rohingyas, Shan, Karen, Karenni and other groups that have historically sought a higher level of autonomy from the Myanmar majority are persecuted. Because these ethnic groups represent the last remnants of armed resistance to the illegal junta in Myanmar, individuals from these groups may be prosecuted for treason or terrorism. (According to our research, over the recent past treason is the crime for which death sentences are usually pronounced in Myanmar. [5] )

Our research also suggests that the situation of the junta and the insurgency in Myanmar is ambiguous. Both the illegal junta and insurgent forces are reported to fund operations through the drug trade, both are reported to use forced civilian labor and child soldiers; the junta engages in oppression and state terrorism against its population, while insurgent forces reportedly engage in terrorist attacks that kill innocent civilians.

Prosecutions for political crimes in Myanmar are arbitrary and both overbroad and under-inclusive; the junta-controlled courts pronounce sentences against individuals who have not been shown to have any connection to violent insurgent attacks underlying prosecutions; these same courts do not entertain actions against junta personnel who commit acts of violence against civilians and participate in systematic state terror, including torture, rape, displacement, and lethal violence, against the population. Often, the only clear factor in prosecution for a political offense is the accused person’s personal association with a disfavored group. Prosecution for political crimes cannot be brought except by order of the executive. [6]

Are there lawyers available for indigent defendants facing capital trials?

The U.S. Department of State reports that in capital cases defendants are legally guaranteed an attorney at state expense; the context of the discussion suggests that for common criminal offenses (such as for murder) this right is probably respected. In political cases (such as treason), this right is probably infrequently respected or of no relevance because the issue of guilt is pre-determined. [7]

Are there lawyers available for indigent prisoners on appeal?

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). [8]

Comments on Quality of Legal Representation

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. [9]

Other Comments on Criminal Justice System

Mainly, death sentences over the past decade have been pronounced for political crimes, many of which have been non-violent or even non-criminal exercises of free speech. Amnesty International observes that pre-trial detention is marked by torture and denial of access to attorneys; individuals may be charged and tried on the same day for a serious offense, denying counsel adequate time to prepare a defense; that trials are often perfunctory; that courts make use of evidence obtained by torture; that trials are conducted in secret; and that courts are not independent. Individuals who run afoul of the junta’s interests may face capital charges for high treason and are, in practice, stripped of any meaningful safeguards against arbitrary deprivation of life by the junta. (These may be observations about those charged with political offenses; reportedly, those charged with ordinary offenses may be treated differently. [10] Systematic torture is a serious problem; the government does not permit defense attorneys or impartial observers at interrogations, and the government response to allegations of torture is that such allegations cannot be taken seriously since there is no way to corroborate them. [11] The reports of other non-governmental organizations confirm this situation, especially with regard to the absence of protections that could be afforded by an independent judiciary if one existed in Myanmar and pervasive abuses such as torture by security forces. [12]

References

[1] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 31, 2004.
[2] U.S. Dept. of State, 2009 Human Rights Report: Burma, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135987.htm, Mar. 11, 2010.
[3] U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of

human rights in Myanmar, Tomás Ojea Quintana, paras. 19, 24, 25, 27, 33, U.N. Doc. A/HRC/13/48, Mar. 10, 2010.

[4] Amnesty Intl., Death Sentences and Executions in 2009, p. 8, ACT 50/001/2010, Mar. 30, 2010.
[5] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20, ASA 16/001/2004, Mar. 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; Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[6] The following sources corroborate the preceding paragraphs. GlobalSecurity.org, Burma Insurgency, http://www.globalsecurity.org/military/world/war/burma.htm, last accessed Oct. 13, 2010 (discussing the general situation, including terrorism and totalitarian rule and suppression of free and fair election results, as well as prosecutions for treason); Jacob Baynham, Burma's largest rebel army battles increase in opium production, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/15/MNT3U393N.DTL, Jan. 15, 2010; Shan Herald, Shan Rebel Leader Warns Burma Army, http://www.shanland.org/index.php?option=com_content&view=article&id=3014, Apr. 28, 2010; U.S. Dept. of Homeland Security, Myanmar: Information on the Situation of the Rohingyas, http://www.unhcr.org/refworld/country,,USCIS,,MMR,,3deccd7a4,0.html, Mar. 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. 18, 2009 (discussing the complex military situation and the fate of villagers in a war zone); Khun Sam, Karenni Rebel Group, Junta Begin Peace Talks, http://www.irrawaddymedia.com/article.php?art_id=6907, The Irrawaddy, Mar. 23, 2007 (discussing negotiations for the end of hostilities between the junta and the Karenni and Chin resistance groups); U.N.G.A., Human Rights Council, Situation of Human Rights in Myanmar, generally, U.N. Doc. A/HRC/13/L.15, Mar. 19, 2010; U.N.G.A. Resolution 64/238 on the Situation of Human Rights in Myanmar, generally, U.N. Doc. A/RES/64/238, Mar. 26, 2010 (note the concerns expressed related to state terror against ethnic minorities and the nonexistence of an impartial judiciary); U.N.G.A., Human Rights Council, Progress report of the Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, generally, p. 13-17, U.N. Doc. A/HRC/13/48, Mar. 10, 2010 (discussing systematic torture, forced labor, humanitarian violations, and discrimination); Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 31, 2004 (discussing torture and discriminatory application of the death penalty); 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 (noting death sentences against members of ethnic minorities for treason); BBC News, Nine Killed in Burma Crackdown, http://news.bbc.co.uk/2/hi/7016608.stm, Sep. 27, 2010 (in which Myanmar junta forces raid monasteries and murder protesters to break up a lengthy protest); Burma Code of Criminal Procedure, art. 196, Jul. 1, 1898.
[7] U.S. Dept. 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. 11, 2010.
[8] U.S. Dept. 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. 11, 2010.
[9] U.S. Dept. 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. 11, 2010.
[10] U.S. Dept. 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. 11, 2010.
[11] Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 17-25, ASA 16/001/2004, Mar. 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. 121-122, No. 45 of 1860, May 1, 1861.
[12] U.N.G.A., Human Rights Council, Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status, generally, U.N. Doc. A/HRC/15/NGO/16, Sep. 1, 2010; U.N.G.A., Human Rights Council, Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status, generally, U.N. Doc. 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. A/HRC/14/NGO/40, May 17, 2010.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

Myanmar is not a party to the ICCPR, so the Human Rights Committee does not issue concluding observations or adjudicate on petitions regarding Myanmar. [1]

Decisions of Other Human Rights Bodies

The Human Rights Council’s Universal Periodic Review of human rights in Myanmar is scheduled for January 2011: http://www.upr-info.org/-Myanmar-.html.

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 12, 2010.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk

Helpful Reports and Publications

Amnesty Intl., Myanmar—The Administration of Justice: Grave and Abiding Concerns, p. 20-25, ASA 16/001/2004, Mar. 31, 2004.

The website of the Burma Lawyers’ Council was a useful starting point in researching the state and development of the law in Myanmar, a subject that is somewhat unclear: http://www.blc-burma.org/.

Additional notes regarding this country

None.

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