Family pursues charges against Tatmadaw private for manslaughter

Family pursues charges against Tatmadaw private for manslaughter
by -
Narinjara

Relatives of a man killed last month in an alleged hit-and-run are trying to take legal action against the suspect, a Tatmadaw private, but claim their access to justice has repeatedly been obstructed by the military.

The deceased, U Kyaw Sein, also known as U Gyar Bo, 57, was talking on the phone on the side of Son Ye Road in Minbya township on the night of May 31 when he was run over by a motorcyclist, according to the victim’s daughter Daw Ma Mya Aye.

“We have learnt that the motorcyclist, Private Aung Tin Win, was drunk. After he hit [my father], he escaped into the military base with his motorcycle. The police were not allowed to go inside [the military base]. We took our father to the hospital, but I think he died on the spot after being hit by the motorcycle. The doctors told us that he was dead when we reached the hospital,” said Daw Ma Mya Aye, a school teacher.

A captain from the 379th battalion came to see the family the following day. According to the family, the captain offered his assistance but provided no explanation of how the suspect would be held accountable.

“We held a funeral on June 3 after waiting for our eldest sister Daw Oo Khin Aye to come back from Hpakant. It’s been ten days since his death, but no action has been taken against the culprit behind our father’s death. We want action to be taken in line with the law,” Daw Ma Mya Aye added.

Daw Oo Khin Aye visited the Minbya Township Police Station on June 7 to inquire about any progress in the case.

“I met with the station clerk U Kyaw Zan Wai at Minbya Myoma Police Station. He said they can’t take action since [the culprit] is from the military. The Tatmadaw will take action against him in line with military law. The issue has been submitted to the state. The state hasn’t responded yet. That’s what he said,” said Daw Oo Khin Aye.

Station clerk U Kyaw Zan Wai, however, denied that the police were unable to file charges, and claimed that a case has been opened for manslaughter. He said that the police have informed the Tatmadaw and the state government about the case.

The deceased man’s family said they want justice, rather than to settle the case by accepting compensation.

Charges against Tatmadaw officials, if they are pursued, tend to go through a highly secretive court martial process, rather than through civilian courts.
 
Translated by Thida Linn
Edited by Laignee Barron

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