[23] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. Death penalty possible in Myanmar cannabis farm case. In Central and South America, the death penalty exists in Belize and Guyana, though it has not been used in years. [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. Stay up to date and learn about key human rights issues in Myanmar. A/RES/64/238, Mar. 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. [22] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 31, 2015. 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. 121-122, No. PO Box 72054 Two men have been sentenced to death in Myanmar for the murder of a Muslim lawyer, Ko Ni, in broad daylight at Yangon International Airport in January 2017. [16] Note—now effective. Ko Ni’s assassination two years ago, on 29 January 2017, was a horrendous shock and has had a chilling effect on efforts for constitutional reform. [7] U.N.G.A. A June attack in Sulu could be a rediscovery of an almost forgotten cultural practice rather than ISIS mimicry. Ko Ni’s status as a Burmese Muslim and his willingness to criticise the failure of political parties to field Muslim candidates in the 2015 elections was widely known. 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. 20, 22-23, No. 11, Sep. 16, 1993; Myanmar Fundamental Principles and Detailed Basic Principles, National Convention, art. [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. [5] ) Appellate review by the Supreme Court is automatic. [23] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [6] Constitution of the Republic of the Union of Myanmar, 2008. The ineffectiveness of the death penalty as a deterrent against murder was highlighted. Encyclopedia of the Nations, Myanmar, http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar.html, last accessed Sep. 13, 2010. 18-19, U.N. Doc. 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. (This question was last updated on May 30, 2019.). Yes. 11, 2017. [10] U.S. Dept. In addition to the state-sanctioned legal system, there is evidence that the death penalty has recently been issued or carried out in non-state trials. We did not find reports on the nationalities of foreigners held on death row. CTN News. [25] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 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. [10] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [6] Myanmar Narcotic Drug and Psychotropic Substances Law, arts. [9] U.S. Dept. [10] 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. [4] Burma Penal Code, art. A/65/456/Add.2, Dec. 8, 2010. A/63/716, Feb. 12, 2009; U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. 1, 1898. [18] Myanmar Principles Laid Down to Serve as Bases in Prescribing State Fundamental Principles, National Convention, art. There have also been attempts to expand the range of offences that may attract the death penalty, such as for child rape, although proposals have so far failed. 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. [24] U.S. Dept. 11, 2010. The president has the power to pardon the death sentence, which he later did. A/71/484/Add.2, Dec. 6, 2016. [24], Pregnant Women.Women cannot be executed during pregnancy, and the court will postpone the death sentence or may reduce the sentence to life imprisonment. [11] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. For example, in 1948, a well-known independence figure and member of the Communist Party of Burma Major Chin Kaung was sentenced to death. In application, Myanmar’s junta-controlled courts have expanded the scope of the death-eligible offense of high treason. [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. U Ko Ni’s death had a chilling effect on democratisation, and capital punishment for his killers won’t undo the damage. According to a 2004 report by Amnesty International, at least some death-sentenced prisoners are held in Insein Prison. [16] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. [13] DPW Executions and Death Sentences Monitor. 20, 22-23, 26, No. During this time, the court hearings generated controversy after supporters for the defendants attended court and implicitly threatened the judges. More than two years have passed since Australia had a permanent US ambassador. View selected causes of death and population dynamics for Myanmar including Life Expectancy by age and history, age adjusted death rates and world rankings for the top 50 causes and total deaths by cause. 20, 22, No. 11, 2011. [1] Aung Hla Tun, Myanmar Army-Backed Parties Set to Sweep Rare Poll, Reuters, http://www.reuters.com/article/idUSTRE6A600V20101108, Nov. 8, 2010. Myanmar is a de facto abolitionist country; there has not been an execution since 1988. [21] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. [2], Other Offenses Resulting in Death.Perjury resulting in execution of an innocent defendant is punishable by death. Death penalty law status: De facto abolitionist His death and the court case against some of his killers is a reminder of the death penalty paradox in Myanmar. A/71/484/Add.2, Dec. 6, 2016. 22-23, No. [26] Burma Penal Code, art. CRC/C/15/Add.237, Jun. 1 of 1993. Fax 020 7553 8189 It is a small step to legitimise this status by removing the death penalty from the legal code, thus greatly promoting the observance of human rights in this onetime pariah state. [19] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. His death and the court case against some of his killers is a reminder of the death penalty paradox in Myanmar. of State, Background Note: Burma, http://www.state.gov/r/pa/ei/bgn/35910.htm, Jul. His death had a chilling effect on lawyers and broader civil society movements who support efforts at constitutional change. [1], Murder.Premeditated murder is punished by death. [16] We did not find the military law. [4] Status, Declarations, and Reservations, Optional Prot. 45 of 1860, May 1, 1861. 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. [14]. 5 of 2005. 12, 2018. 1, 1898. A/62/658, Feb. 2, 2008. 464, Jul. [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. [25] Burma Code of Criminal Procedure, art. His death was taken as another warning about the position of the Office of the State Counsellor held by Aung San Suu Kyi, an innovation he helped to create. [8] U.S. Dept. [18] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. A/63/PV.70, Dec. 18, 2008. An ethnic Shan armed group that unofficially controls a swathe of Shan State in northeastern Myanmar has sentenced a man to death for the kidnap, rape and murder of a six-year-old girl. [14] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. 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. 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. An accessible version of the Death Penalty Worldwide Database will be available from February. 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