The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Tatmadaw (Armed forces of Myanmar) on 5 August 2024. The communication remained confidential for 60 days before being made public, giving the Tatmadaw time to reply. Regrettably, the Tatmadaw did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since the sending of the communication, the fate and whereabouts of Saw Doh Kyaw’s remain unknown. His family have not received any information in relation to his disappearance.
This is a shorter version of the communication.
BACKGROUND
Topic: the alleged arbitrary deprivation of liberty, followed by acts tantamount to enforced disappearance of human rights defender and village tract leader Saw Doh Kyaw by soldiers of the State Administration Council (SAC).
Mr. Saw Doh Kyaw is a human rights defender and village tract leader. As part of this role and to guarantee the safety of villagers, he negotiated with armed actors to deter fighting, reduce human rights violations against communities and helped villagers to develop resiliency strategies. Since the military coup on 1 February 2021, Mr. Saw Doh Kyaw facilitated the relocation of individuals involved in the Civil Disobedience Movement (CDM) and assisted in the humanitarian response for internally displaced people.
ALLEGATIONS
In December 2021, in the context of the increased intensity of fighting between the State Administration Council (SAC) and the anti-military armed groups, Mr. Saw Doh Kyaw negotiated the release of fighters from the Karen National Liberation Army (KNLA) who had been detained by the Light Infantry Battalion (LIB) #603. The soldiers were reportedly not detained during armed confrontation. He personally negotiated with the Commander of the LIB #603, [name redacted], who was reportedly planning to execute the KNLA fighters. Mr. Saw Doh Kyaw first attempted the negotiation in a public meeting with [name redacted] but was refused. Following this, he contacted the Operation Commander, who reportedly ordered [name redacted] to release the KNLA fighters. In response [name redacted] reportedly attempted to retaliate against Mr. Saw Doh Kyaw and began searching for him, forcing him to flee to safety. Subsequently, the SAC reportedly issued an arrest warrant for Mr. Saw Doh Kyaw and his alleged support of armed resistance groups.
On 2 February 2023, Mr. Saw Doh Kyaw was travelling to Leik Tho Town, Daw Hpa Hkoh Township in Taw Oo District when he was allegedly arbitrarily arrested by SAC soldiers from the LIB #603 at ‘Za Lel’ checkpoint near Leik Tho Town. When Mr. Saw Doh Kyaw saw the soldiers on the road ahead, he was able to briefly contact his family by phone to inform them but was unable to tell them of the purported reason for his arrest. This was the last contact that Mr. Saw Doh Kyaw had with his family.
On 21 February 2023, SAC soldiers went to Mr. Saw Doh Kyaw’s home in Thandaung Myo Thit town, Taw Oo District in search of his family, who were not there at the time. The soldiers reportedly took from the house a mobile phone, a laptop and a family photo hanging on the wall, before setting the house on fire. Before leaving, the soldiers reportedly placed explosive devices in the kitchen area and at the front of the house as a booby-trap. They reportedly showed the photo they had taken from the house to other villagers in the area, asking them if they knew their whereabouts. Following this, Mr. Saw Doh Kyaw’s family had to flee from their home in search of safety.
Mr. Saw Doh Kyaw’s family reported his enforced disappearance to the Karen National Union (KNU) authorities seeking assistance in searching for him. The KNU reportedly tried to mediate with SAC intelligence to gather information about his whereabouts, but to no avail.
At the time of the present communication, Mr. Saw Doh’s Kyaw’s fate and whereabouts remain unknown.
The disappearance of Mr. Saw Doh Kyaw has reportedly impacted the health and well-being of his family, with some family members unable to work due to illness and requiring medical care, as well as the family’s livelihood.
CONCERNS
In the communication, we express our grave concern in relation to the alleged arbitrary deprivation of liberty, followed by acts tantamount to enforced disappearance of human rights defender Mr. Saw Doh Kyaw, in apparent connection with his efforts to mitigate and prevent human rights violations committed by SAC soldiers in his village and the wider area, and protect villagers from such violations. We are concerned by the lack of information regarding the factual and legal basis for his detention and ongoing deprivation of liberty. The reported outright and consistent failure by the SAC to ensure due process, provide accurate information to his family after his deprivation of liberty regarding his well-being, whereabouts and conditions of deprivation of liberty, are constitutive of gross human rights violations under international law. As a result, the fact that Mr. Saw Doh Kyaw’s family members were not only denied this right but were then themselves reportedly pursued by the SAC is further cause for serious concern.
We reiterate that the concealment of the fate and whereabouts of the disappeared persons, as well as the failure or refusal to adequately acknowledge a deprivation of liberty are constitutive of acts tantamount to enforced disappearance, regardless of the duration of the deprivation of liberty or concealment concerned. When persons deprived of liberty are not adequately acknowledged, their rights are placed in a legal limbo, a situation of total defencelessness. Acts tantamount to enforced disappearance put the detainee outside of the protection of the law, deny the person’s legal existence and prevent the enjoyment of their rights, including due process rights and judicial safeguards, and other fundamental rights and freedoms. In this sense, we reiterate that the prohibition of enforced disappearance is a peremptory norm of jus cogens and applicable erga omnes, in accordance with conventional and customary international law.
We also wish to express our concern in response to the reported raid on Mr. Saw Doh Kyaw’s home by SAC soldiers, the damage caused and the items confiscated, forcing Mr. Saw Doh Kyaw’s family to flee in search of safety and for fear of arbitrary arrest. In this connection, we are appealing to the de facto authorities to ensure the right to life, liberty and security of person, the prohibition of slavery or servitude, torture or cruel, inhuman or degrading treatment or punishment, and the right not to be subjected to arbitrary detention, and the absolute prohibition of enforced disappearance enshrined in arts. 3, 4, 5, and 9 of the Universal Declaration on Human Rights (UDHR).
