Since the military coup in Myanmar on February 1, 2021, Human Rights Watch (HRW) has exposed the alarming extent of threats, harassment, and arrests encountered by lawyers attempting to defend the rights of protesters and individuals arbitrarily detained. In a comprehensive report titled “‘Our Numbers are Dwindling’: Myanmar’s Post-Coup Crackdown on Lawyers,” Human Rights Watch reveals a pattern of intimidation, surveillance, and abuse perpetrated upon legal professionals, which reflects the junta’s broader assault on the country’s justice system.
According to the Assistance Association for Political Prisoners, at least 32 attorneys have been arbitrarily detained and held in pre-trial detention without substantial evidence to support their charges. The junta authorities have employed systemic obstacles and restrictions to impede the work of Myanmar’s attorneys, impeding their efforts to defend the detained’s human rights.
The report emphasizes the deterioration of Myanmar’s justice system since the coup, as the junta has arrested and detained thousands of anti-coup activists and critics. Numerous people have been prosecuted in summary proceedings that flagrantly disregard international fair trial standards. To expedite political cases, the military junta has instituted “special courts” within prisons, while military tribunals conduct summary trials in townships under martial law. These practices deny suspects access to legal counsel, resulting in convictions and excessively severe sentences.
HRW interviewed 19 defense attorneys and seven legal advisors from international non-governmental organizations operating within Myanmar’s special tribunals system. All 19 attorneys reported being intimidated and monitored by junta authorities. In a number of instances, attorneys confronted retaliation for representing activists accused of sedition, incitement, or terrorism. Unbelievably, detained attorneys were subjected to mistreatment and torture, with one attorney enduring a broken arm and leg as a result of beatings in pre-trial detention.
Within the special courts, attorneys and their clients face numerous obstacles, including restrictions on private communication and case-related discussions prior to proceedings. Officials of the Junta routinely obstruct or prevent attorneys from performing their duties, denying suspects their right to due process and a fair trial.
The United Nations’ Basic Principles on the Role of Lawyers outline the standards governments should adopt to enable lawyers to perform their duties effectively. However, the junta authorities of Myanmar have consistently disregarded these principles. The right to a fair trial is recognized as customary international law, and despite Myanmar’s non-participation in the International Covenant on Civil and Political Rights, it remains the country’s responsibility as a member of the United Nations.
HRW urges foreign governments and regional organizations to take decisive action against the military junta, including the implementation of targeted sanctions against individuals responsible for human rights violations and corporations with ties to the military. In addition, they demand that Myanmar be referred to the International Criminal Court and that a global arms embargo be imposed. Governments around the globe are urged to address the harrassment and incarceration of attorneys while advocating for the release of political prisoners.
Manny Maung, Myanmar researcher for Human Rights Watch, stresses the urgency of the situation, stating, “The junta authorities are making up rules as they go in order to subjugate and discredit the very people attempting to safeguard the fundamental right to a fair trial. Concerned governments must act promptly to ensure that the remaining courageous attorneys attempting to defend these rights are not silenced.”
As the international community continues to monitor the human rights crisis in Myanmar, the plight of lawyers defending the rights of demonstrators demands immediate attention in order to ensure that justice prevails in the face of the military junta’s relentless oppression.HRW Report: Myanmar Military Junta Targets Lawyers Defending Protesters in Ongoing Crackdown Since the military coup in Myanmar on February 1, 2021, Human Rights Watch (HRW) has exposed the alarming extent of threats, harassment, and arrests encountered by lawyers attempting to defend the rights of protesters and individuals arbitrarily detained. In a comprehensive report titled “‘Our Numbers are Dwindling’: Myanmar’s Post-Coup Crackdown on Lawyers,” Human Rights Watch reveals a pattern of intimidation, surveillance, and abuse perpetrated upon legal professionals, which reflects the junta’s broader assault on the country’s justice system.
According to the Assistance Association for Political Prisoners, at least 32 attorneys have been arbitrarily detained and held in pre-trial detention without substantial evidence to support their charges. The junta authorities have employed systemic obstacles and restrictions to impede the work of Myanmar’s attorneys, impeding their efforts to defend the detained’s human rights.
The report emphasizes the deterioration of Myanmar’s justice system since the coup, as the junta has arrested and detained thousands of anti-coup activists and critics. Numerous people have been prosecuted in summary proceedings that flagrantly disregard international fair trial standards. To expedite political cases, the military junta has instituted “special courts” within prisons, while military tribunals conduct summary trials in townships under martial law. These practices deny suspects access to legal counsel, resulting in convictions and excessively severe sentences.
HRW interviewed 19 defense attorneys and seven legal advisors from international non-governmental organizations operating within Myanmar’s special tribunals system. All 19 attorneys reported being intimidated and monitored by junta authorities. In a number of instances, attorneys confronted retaliation for representing activists accused of sedition, incitement, or terrorism. Unbelievably, detained attorneys were subjected to mistreatment and torture, with one attorney enduring a broken arm and leg as a result of beatings in pre-trial detention.
Within the special courts, attorneys and their clients face numerous obstacles, including restrictions on private communication and case-related discussions prior to proceedings. Officials of the Junta routinely obstruct or prevent attorneys from performing their duties, denying suspects their right to due process and a fair trial.
The United Nations’ Basic Principles on the Role of Lawyers outline the standards governments should adopt to enable lawyers to perform their duties effectively. However, the junta authorities of Myanmar have consistently disregarded these principles. The right to a fair trial is recognized as customary international law, and despite Myanmar’s non-participation in the International Covenant on Civil and Political Rights, it remains the country’s responsibility as a member of the United Nations.
HRW urges foreign governments and regional organizations to take decisive action against the military junta, including the implementation of targeted sanctions against individuals responsible for human rights violations and corporations with ties to the military. In addition, they demand that Myanmar be referred to the International Criminal Court and that a global arms embargo be imposed. Governments around the globe are urged to address the harrassment and incarceration of attorneys while advocating for the release of political prisoners.
Manny Maung, Myanmar researcher for Human Rights Watch, stresses the urgency of the situation, stating, “The junta authorities are making up rules as they go in order to subjugate and discredit the very people attempting to safeguard the fundamental right to a fair trial. Concerned governments must act promptly to ensure that the remaining courageous attorneys attempting to defend these rights are not silenced.”
As the international community continues to monitor the human rights crisis in Myanmar, the plight of lawyers defending the rights of demonstrators demands immediate attention in order to ensure that justice prevails in the face of the military junta’s relentless oppression.
-HRW