In a letter to Myanmar’s President Thein Sein on December 8, the International Human Rights Clinic and five leading international human rights organizations called for criminal charges to be immediately and unconditionally dropped against Shayam Brang Shawng, a resident of Kachin State in northern Myanmar. Brang Shawng is accused of making “false charges” in a complaint to the Myanmar National Human Rights Commission about the alleged killing of his 14-year-old daughter, Ja Seng Ing, by Myanmar Army soldiers. A Myanmar Army officer initiated the case against Brang Shawng, and the action appears to be retaliatory in nature. The Myanmar government has not responded to a letter, reposted below, which the Clinic and its partners published today.
December 08, 2014
President Thein Sein
Nay Pyi Taw
Republic of the Union of Myanmar
Re: Prosecution of Shayam Brang Shawng
Dear President Thein Sein,
We write to you to express our concerns about the criminal prosecution of Shayam Brang Shawng (hereinafter Brang Shawng), an ethnic Kachin resident of Sut Ngai Yang village, Hpakant Township, Kachin State, who has been charged under Article 211 of the Myanmar Penal Code.
Brang Shawng is accused of making “false charges” against the Myanmar Army in a letter he sent to the Myanmar National Human Rights Commission (MNHRC) on October 1, 2012. In the letter, Brang Shawng alleged that Myanmar Army soldiers from Infantry Battalion (IB) 389 shot and killed his 14-year-old daughter, Ja Seng Ing, in Sut Ngai Yang village on September 13, 2012.
The criminal prosecution of Brang Shawng appears to be in retaliation for the complaint to the MNHRC and runs contrary to Myanmar’s obligations under domestic and international law. The case also calls into question the ability of the MNHRC and other state institutions to protect persons filing complaints with the commission. We therefore request that you take action to ensure that the charges against Brang Shawng are immediately and unconditionally dropped and that similar cases do not occur in the future.
Death of Ja Seng Ing and prosecution of Brang Shawng
On December 6, 2014, the Truth Finding Committee of Ja Seng Ing’s Death (the Committee)—an independent group of ten civil society organizations from Kachin State—published a 42-page report concerning the death of Ja Seng Ing. The Committee conducted interviews with 16 individuals who had knowledge relevant to Ja Seng Ing’s death. The report includes numerous accounts indicating that Myanmar Army soldiers shot and killed Ja Seng Ing in Sut Ngai Yang village on September 13, 2012.