Activity No. (8/ 2016 / Protection)

  1. On 25.10.2014, State newspapers carried news released by the Ministry of Defence that Ko Aung Naing, Information in Charge with the rank of Captain in the KKO was dead.
  2. Letters of complaint regarding his death were received from U Min Thi Han, Education Digest Journal and Daw Thandar (wife of deceased). On receipt of the complaints, Commission Vice Chairman U Sit Myaing, Members U Zaw Win and Dr. Nyan Zaw travelled to the scene of the incident in Kyaikmaraw Township from 1.11.2014 to 8.11.2014 for the first time and 12.11.2014 to 16.11.2014 for the second time and conducted field investigations. A special report was submitted to the Union President’s Office on 1.12.2014.
  3. With regard to his death, in accordance with paragraph 52 of the Commission’s report, it was posted on the Commission’s Website mnhrc.org.mm on 2.12.2014. In the report, the following (4) recommendations were made.
  • The Myanmar Police Force should continue to conduct their police work to completion to be able to file charges according to the law regarding the death of Ko Aung Naing @ Ko Par Gyi
  • With the exception of cases which affect the security of the State, information regarding cases which involve public should be published in a transparent and timely manner.
  • As Ko Aung Naing @ Ko Par Gyi (Pen name Aung Gyi) was a Myanmar citizen, he is entitled to equal rights and protection under the law.
  • Therefore, in accordance with the provisions of section 347 of the Constitution of the Union of Myanmar (2008), in order for him to receive his rights under the fundamental rights of citizens and for there to be transparency in the eyes of the public, the case should be tried in a civilian court.
  1. On 6.1.2015, a summary of the action taken by the Commission and its recommendations were submitted to Union President U Thein Sein at the President’s Office on 6.1.2015 and presentation was also made by the Commission Vice Chairman U Sit Myaing, Members U Zaw Win and Dr. Nyan Zaw. The President stated that the Tatmadaw had formed an inquiry commission and investigated this case. A trial was also conducted and a decision handed down by a military court approved by the Commander in Chief of Defence Services. The President advised the Commission to issue news release as appropriate.
  2. On 11.2.2015, the Commission sent a letter to the Ministry of Defence, requesting a reply on the progress of action taken in the case. On 19.3.2015, a reply was received from the Ministry of Defence that as the death had occurred during military operations, under section 72 of the Defence Services Act, the case falls within the jurisdiction of the military court. A summary trail of (2) military personnel by summary trial Chief Court No. (146/147) which found them not guilty and acquitted them. On 19.3.2015, a reply was received from the Ministry of Defence that on 28.11.2014, the Commander (South East Command) had approved and signed the decision and acquittal order of the military court in accordance with judicial powers delegated to him by the Commander in Chief of Defence Services, who is vested with judicial powers under section (111) and (114) of the Defence Services Act. The Commander of operation forces was also reprimanded by the Commander (South East Command).
  3. The above activities were posted on the Commission’s website and news release number (5/2015) was made on 8.2.2015.