A pragmatic solution needed to solve rape-murder cases

On the night of January 19, two young female volunteers from Kachin Baptist Convention (KBC) were brutally raped and killed in Kaungkhar village, Pan Sai Township, Muse District in northern Shan State. The teachers, both 20, were sent there by the KBC, a religious organisation which is influential over Kachin nationals and Kachin Independence Organisation.

They are not the first. There were many instances of ethnic women being raped and murdered in conflict regions in the past. Cases of physical assaults were also common. As such, the case concerns not only Kachin nationals but all the ethnicities living in Myanmar.

The rapist of a Peruvian woman in Kyaikthiyo faced 43-year jail term. Another culprit of an attempted rape case over an American woman was sentenced to life imprisonment. The proceedings of these cases finished in no time. Both of the offenders faced with the penalties much heavier than their actions.

But the case of the two Kachin teachers will be more than an ordinary criminal case, as there are doubts if soldiers were involved. Besides Kachin organisations, civil society organisations have called for a probe into the case. The US Department of State also weighed in and called on Myanmar to bring the perpetrators to justice on January 21.

A case has been filed under Section 302 of murder charge at Kyugoke Police Station, Pan Sai Township for the case of two Kachin volunteers. 

Ten civilians and 30 soldiers from No. 503 Infantry Regiment under the North-East Command were questioned because the women were raped and murdered while the regiment was stationed in the village. Required forensic tests were conducted as well. Still, it is yet to identify the offenders.

 

Crime scene 

Kaungkhar village in Nant Taung village-tract – the area where the tragedy took place – is located between Muse and Monekoe and only 10 miles away from the Muse 105th Mile trade hub. 

The area is within the reach of the rule of law. It is also located by the tarred road where the military columns used to pass through. 

Further, troops from No.503 Infantry Regiment under the North-East Command arrived on the morning of January 19 and spent the night in Kaungkhar Village at the time of the incident. 

That is why the soldiers from the regiment were suspected.

It is usual the military fell under suspicion whenever a rape-and-murder case occurred in ethnic regions since such grisly crime is seldom among the ethnic nationals.

There is only one organisation accused by ethnic nationals when such incidents occurred under the title 'Ethnic Cleansing' and thus, the military is at the centre of accusations.

It is no doubt that the military was near the crime scene. Troops were staying in the houses no more than 200 feet from the crime scene. Moreover, locals said servicemen already stood by for security in hillocks near the church where the crime occurred since the military column arrived. 

Moreover, such a case was unheard of in Kaungkhar Village until now. 

 

Suspects 

Some locals are also held suspects. Two men reportedly came to stay in a house about 70 feet away from the scene. Yet, given that 30 out of 40 suspects were servicemen, it seems reasonable for ethnic nationals to suspect the military.

Women's League Burma (WBL) – an institution comprised of 13 ethnic female organisations – issued a report 'If they had hope, they would speak' which revealed that the military is responsible for several sexual violence cases and gang rapes that occurred in conflict areas.

It continued that most of 104 sexual abuses against women and girls happening in the last three years – after the 2010 general election and January 2014 – in ethnic regions were related to the military offences. 

From January to June last year, WLB released series of reports on military involvement in sexual violence cases in ethnic areas. It said there were 14 gang rapes in those areas within six months. Such cases occurred in Kachin State, northern Shan State, and border states such as Kachin State, Kayah State, Kayin State, Mon State and Chin State. All those states except Kayin State faced cases of sexual violence until 2014, according to WLB. 

 

Courts-martial 

In the 2008 constitution, Section 293 (a) under Chapter (6) ‘Judiciary’ says that Courts-Martial can be formed. Meanwhile, Section 319 states that according to Sub-section (b) of Section 293, the Courts-Martial shall be constituted in accord with the constitution and the other law and shall adjudicate Defence Service personnel. 

Section 343 under Chapter (7) ‘Defence Services’ also stipulates that in the adjudication of military justice: 

(a) The Defence Services personnel may be administered in accord with law collectively or singly;

(b) The decision of the Commander-in-Chief of the Defence Services is final and conclusive. 

The above-mentioned points show that it is very difficult to adjudicate servicemen for committing offences with the laws related to civilians. It seems that the military is in a position to indirectly (not even directly) adjudicate military personnel for committing crimes. Organisations monitoring rape and murder cases in ethnic areas also view this as an obstacle.

What we are sure is that not only the government but also the military are responsible for the case of the slain Kachin women. Both need to help in clearing public doubts. 

 

Tarnished image 

Raping and killing ethnic women in the ethnic regions has become a tradition. 

In 1988, rapes and murders of female students reinforced the pro-democracy uprising. The murder of the two Kachin nationals could spark another uproar, given that they were teachers. They came from afar for the education of needy people. When compared with the cases of giving a 43 years’ imprisonment and a life sentence for raping female foreigners, the rape and murder of the two Kachin teachers is far worse. 

The military is notorious for two things - recruitments of child soldiers and alleged sexual molestation of ethnic women. 

The military has admitted to the issue of child soldiers and some have been released from service. As a result, criticism of the military for that has reduced. But it has yet to admit to sexual assaults. Ethnic women organisations say with evidence that such cases exist in the country. 

The issue of the two murdered teachers has something to do with the image of the military. If military personnel were involved in the case, severe and effective action must be taken. It is the issue related to all ethnic people, not Kachin alone. The culprits must be exposed and a pragmatic solution needs to be sought. Punitive action must be taken against whosoever. The case should not become like Par Gyi case - the beating and murder of a freelance journalist where the military was accused to have involved- that could not yield any satisfactory results for the public. 

Both the government and military have responsibility to expose the perpetrators regardless of whoever has committed. Only when they are brought to justice would the public regain trust.