Report and appeal to SPDC Sr General Than Shwe and Myanma Women Welfare Committee ignored.

Compulsive local authority rapist at large and remains unpunished.

Pyapon Township Court, Ayeyawaddy Division

Criminal Case 306/2003

Section 182 (False information to impede public servant in the performance of its lawful duties).

Complainant U Soe Myint Aye (Deputy Police Superintendent)

Accused Ma San San Aye and Ma Aye Mi San

Facts of the case

On 25th November 2002, U San Net Kyaw, Peace and Development Chairman of Dedalu Village tract (Pyapon township) issued a written summons (copy attached) to Ma San San Aye and Ma Aye Mi San. They were taken to his residence by U Win Myint (Ward headman) and their employer U Thaung Aye. Ma San San Aye was raped by U San Net Kyaw at 12 midnight and Ma Aye Mi San was raped by him at 4 a.m. (26 November 2002).

The two girls filed complaints at the Kyonekadone Police Station on 29th November, 2002 and were medically examined the same day. The Police officer made an unofficial record because the complaints were against the local authority chairman. Statements of witnesses were recorded and submitted to the township and district PDCs.

On 12 December 2002 a Board of Enquiry was formed and on the 19th December it was decided that a charge under Section 376/511 (376 rape and 511- attempt to commit an offence punishable with imprisonment) be made and the case was posted as Number Pa/586. However, up to date U San Net Kyaw has not been arrested. He is at large.

The Police asked for legal advice and after consultation with the district and township PDC authorities the District Law Office in its letter Number 14 ( nga) (3) 2/152 dated 21/2/2003 advised that because of insufficient evidence of rape, suitable action be taken against the two complainants. As a result, Ma San San Aye and Ma Aye Mi San were charged under Section 182 in the Township Court with the Police Officer as complainant.

On 6th March 2003, Ma San San Aye and Ma Aye Mi San’s addressed letters to Sr. General Than Shwe, General Khin Nyunt, the Home Minister, the Attorney General, Divisional Commander, Divisional law Officer, Secretary of the Myanma National Working Committee for Women Affairs (MNWCWA) to review the decision to close the case regarding the offence of rape committed by the village PDC authority. But no enquiry or action has been taken to even consider the matter.

On the 20th October, 2003 the two girls were sentenced to suffer 4 years imprisonment by U Myint Swe. Pyapon Township Judge.

U San Net Kyaw has been the Chairman of the Village Tract PDC since 1988. Villagers under his jurisdiction have to perform guard duties for the security of his residence. When the men are out in the sea fishing, the women folk are summoned to his residence and many have been raped. He is the only occupant of the house because his wife has died and his children are married and have left. Those poor and ignorant village girls who have been victimized have not laid charges against him because he has been protected and given immunity by the higher authorities in the township and the district.

In this case there is evidence that the two girls were raped by U San Net Kyaw . In addition to this fact, Ward Headman U Win Myint and U Thaung Aye (employer) both testified in court that they took the two girls to the residence of U San Net Kyaw.

Despite this, under instructions from the District Legal Office, the case against him was closed and the two complainants were charged under Sections 182 and 388 and sentenced to suffer 4 years rigorous imprisonment with labour. This is not justice by any standards. U San Net Kyaw has been given immunity because he has been instrumental in collecting unfair taxes and extortion money for the authorities at the township, district, and divisional levels.

Ma San San Aye was about 15 years old when she was raped.

What is very clear is that the SPDC chooses to ignore the fact that rape is being systematically practiced even in Pyapon Township which is a region very close to the capital city of Yangon. Not only have the highest SPDC authority and the Myanma National Working Committee for Women Affairs (MNWCWA) (an organization instituted by the SPDC) deliberately ignored the appeal by victims of rape, the local authorities have also turned the tables against these two young girls.

If this can happen in regions close to the capital city, there is no doubt that the situation could be worse in distant regions for women and young girls who are systematically raped and persecuted.

Note - Attached are

1. Summons in writing by Village Chairman U San Net Kyaw,

2. Photocopy of letter addressed to the Sr Gen Than Shwe, Gen Khin Nyunt, Home Minister, Attorney General, Regional Commander,, Divisional Law Officer, Secretary of the Myanma National Working Committee for Women Affairs (MNWCWA).

***********************************************************************

Letter Number 1.

Letter Number ….

Date …..22.11.2001

Village Tract Peace and Development Council, Dadelu village tract, Pyapon township.

To

U Tin Sein, village elder,
U Thaung Aye.

Bring San Aye and Aye Mi Sein to the village PDC. Also bring Kyaw Swe.

Signature of San Net Myaw.

Chairman.

Village tract PDC ,

Dedalu village tract, Kalahteik village, Pyapoon township.

*****************************************************************

Letter Number 2.

To

1. Sr. Gen Than Shwe, Chairman, State Peace and Development council

2. General Khin Nyunt, Secretary One, State Peace and Development council

3. Colonel Tin Hlaing, Home Minister

4. Attorney General, Yangon

5. Major General Htay Oo, (Commander of South West Command), Chairman of Division Crime Suppression Committee, Ayeyawaddy Division

6. Divisional Legal Officer, Pathein, Ayeyawaddy Division

7. Secretary, Myanmar National Working Committee for Women Affairs

Dated 6 March 2003

Subject … Complaint against the decision to close the rape case against the Chairman of the Village PDC and for review and reconsideration of the charge.

1. We, Ma San San Aye and Ma Aye Mi San were summoned in writing and under seal of office of U San Net Kyaw, Chairman of the Village-tract Peace and Development Council, Kalahteik Village, Dedalu Village Tract, Pyapon Township, Pyapon District, Ayeyawaddy Divison, to be brought before him. Accordingly, Fishery Industry Employer U Thaung Aye, and U Win Myint took us to him on three occasions. On the night of the 25th November 2002, we met with him and were left in his custody.

2. U San Net Kyaw took us both to the upper floor of his residence and at midnight he raped me, Ma San San Aye and at 4 in the morning he raped Ma Aye Mi San.

3. On 26 November 2002 we reported this to the elders of the village and asked with their cooperation we made a complaint at the Kyonekadone Police Station. Though we were medically examined at the Kyonekadone hospital and witness statements had been recorded, there seem to be attempts to foil and circumvent the process so we reported the matter to the township and district PDC. A Board of Enquiry was formed and on 12.12.2002 the case was heard, witness examined and on 19/12 2002, a charge was framed under Sections 376/511 and the case was posted as Pa/586 at the Police Station. However U San Net Kyaw being the Chairman of the Village PDC was not placed under arrest and he is still at large.

4. Our information is that after the 22 January 2003, under instructions of U Han Nyein, District Law Officer, the rape case was closed. When we made enquires about the reason for the closure, U Han Nyein himself told us that he was acting under instructions from the Divisional Law Office.

5. Though the victims were able to report the offence with incontrovertible evidence, the authorities have condoned the criminal activity because he is a Chairman of the Village-tract PDC. It damages the culture and character of a nation and women’s rights. It amounts to a subjugation and insult to womanhood.

6. Hopefully we request and hope that the case be reopened and that action be taken against those authorities who are defending the accused U San Net Kyaw, Village Tract PDC chairman.

With respect,

(Signature)
Ma San San Aye

Age 15

Father's Nama : U Win Hlaing

National Registration No: Too young to get it

Kantharyar Village, Dedalu Village Tract
Pyapon Township, Pyapon District, Ayeyawaddy Division