Myanmar: Death Penalty by Military Tribunal Contravenes International Law

Myanmar: Death Penalty by Military Tribunal Contravenes International Law

July 26, 2021, Statements

The Anti-Death Penalty Asia Network (ADPAN) strongly condemns the imposition of the death penalty  by the military tribunal in Myanmar. 

Civilians should not be made to stand trial by a military tribunal. A trial by a military tribunal at this  juncture reeks of political interference by the military junta which usurped the democratic  government of Myanmar earlier in the year. The imposition of the death penalty by a military tribunal  can only be interpreted as further attempts to intimidate and cowl political opponents to the junta. 

There are grave concerns that the military tribunal does not observe internationally recognized fair  trial processes. Apart from trials shrouded in secrecy, there are no avenues for those sentenced to  appeal the decision to an appropriate judicial body. The only avenue for appeal is through Senior  General, Min Aung Hlaing via the prison with no avenue for legal intervention by lawyers. The onerous  conditions and limited avenues for appeal cast further doubt on the legitimacy of the legal process  adopted by the military junta.  

Under international law, the death penalty can only be imposed for the most serious crime and the  right to a fair trial must be observed. In this instance, the 65 individuals sentenced have been denied  the right to a fair trial and there are substantial doubts on the legitimacy of the charges levelled against  them. If any crime was committed by any of the individuals, they should be trialled by a civilian court  not a military tribunal. 

ADPAN condemns these sentences and demands immediate retrial for those sentenced by a  competent and legitimate civilian court hearing, conducted in accordance with international fair trial  standards. In addition, ADPAN also calls for the allegations of extrajudicial killing involving State  security apparatuses by an independent and impartial tribunal. State sanctioned killing and the  imposition of the death penalty by the military junta in Myanmar must be halted immediately.