US embassy cable - 02RANGOON1304

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 001304 
 
SIPDIS 
 
STATE FOR EAP/BCLTV AND DRL 
USCINCPAC FOR FPA 
 
E.O. 12958: DECL: 10/06/2012 
TAGS: PHUM, BM, Human Rights, Ethnics 
SUBJECT: BURMESE CONTINUE TO INVESTIGATE SHAN RAPE CASES 
 
REF: A. (A) RANGOON 941 
     B. (B) RANGOON 1070 
 
Classified By: COM Carmen Martinez. Reason: 1.5 (d). 
 
1. (C) Summary:  The GOB is continuing its investigation of 
the Shan rape cases.  According to Brigadier General Kyaw 
Thein, a national intelligence team has investigated the 
first 71 of the 173 cases cited in the License to Rape report 
and so far found evidence of rape in five cases.  The other 
cases could not be substantiated, the Brigadier General 
claimed, at least on the basis of the information in the 
License to Rape report.  The team will reportedly complete 
investigations of all 173 cases over the next several months. 
 The team has given a copy of its preliminary report to the 
Ministry of Foreign Affairs and encouraged MFA to brief UN 
Special Rapporteur Pinheiro on their findings.  We urged Kyaw 
Thein to share the report in its entirety with Pinheiro so 
that he could cross-check facts with sources in Thailand. 
End Summary. 
 
2. (C) The GOB has continued its investigation of the Shan 
rape cases that were first described by the Shan Human Rights 
Foundation and the Shan Women's Action Network in their joint 
report, License to Rape.  According to Brigadier General Kyaw 
Thein, the GOB detailed a national intelligence team to look 
into all 173 cases outlined in the report.  Thus far, the 
team had completed the investigation of 71 cases.  Of those 
71, 5 appeared to reflect real cases of rape, Kyaw Thein 
commented.  The other 66 could not be substantiated, at least 
thus far, on the basis of the information in the "License to 
Rape" report.  Either the villages did not exist at the time 
the incidents were reported to have taken place, or the 
investigators were not able to trace the identities of the 
women who claimed to be victims. 
 
3. (C) The five cases that the team had been able to 
substantiate were cases number 55, 60, 3, 53, and 69 in the 
License to Rape report.  However, in each case, and 
particularly in regard to the last three cases, the facts 
were slightly different from those described in the report. 
 
Case No. 55 - The License to Rape report states that the 
SPDC's township officer, Captain Ant Maw raped a woman in her 
home in Murng Wee village in Nam Kham township of 
Northeastern Shan State.  According to the national 
intelligence team, Captain Ant Maw and the woman had lived 
together, but there was no rape.  Nevertheless, Captain Ant 
Maw was reprimanded for conduct unbecoming an officer and 
forced to retire. 
 
Case No. 60 - The License to Rape report states that Corporal 
Naing Htay from 324th Light Infantry Battalion raped a 
14-year-old invalid in Murng Yaen Village of Nam Tu township 
in Shan State in August 1998.  According to the national 
intelligence team, the culprit was a Lance Corporal Ton Naing 
of the 324th LIB, who was subsequently convicted of rape and 
sentenced to 10 years imprisonment with hard labor. 
 
Case No. 3 - The License to Rape report states that a soldier 
from the 333rd Light infantry Battalion raped a 26-year-old 
Lahu woman in Murng Sart township of Shan State in May 1992. 
According to the national intelligence team, there was a rape 
of a Lahu woman in that village by a Burmese Army soldier 
from the 333rd Light Infantry Battalion, but the rape 
occurred in April 1999, not May 1992.  The soldier's platoon 
leader paid compensation to the woman and no complaint was 
ever filed by the village.  The battalion did not report the 
incident and no action was ever taken against the soldier. 
 
Case No. 53 - The License to Rape report states that a 
soldier from Murng Ton raped a 29- year-old Lahu women in the 
Murng Ton area on July 16, 1998.  According to the national 
intelligence team, there is no record of a rape in 1998, but 
a private from the 277th Light Infantry Battalion raped a 
10-year-old Lahu girl in that area on April 17, 2002.  The 
soldier fled, but was shot dead while resisting arrest 
several days later. 
 
Case No. 69 - The License to Rape report states that two 
soldiers from the 225th Light infantry battalion raped a 
25-year-old woman in her home in Murng Ton township on 
November 21, 1998.  Again, there is no evidence of a rape in 
1998, but, according to the national intelligence team, on 
August 27, 1995, a private from the 255th LIB raped a 20 
year-old Palaung girl in Murng Ton township.  The private was 
convicted of rape and sentenced to 20 years imprisonment; his 
two accomplices were given three years each and his platoon 
leader was reprimanded for failing to maintain control of his 
men. 
 
4. (C) Brigadier Kyaw Thein said that the national 
intelligence team would look into the other 103 cases cited 
in the License to Rape report.  He also said that the team 
had given a copy of its preliminary report to the Ministry of 
Foreign Affairs and had encouraged the Ministry to brief UN 
Special Rapporteur Pinheiro on their findings.  Poloff 
advised Brigadier Kyaw Thein that it would be best simply to 
give Pinheiro a copy of the report.  He could then 
cross-check the facts with sources in Thailand and get to the 
bottom of the 66 cases the GOB had not been able to 
substantiate, as well as the other 103 the GOB had yet to 
look into.  Kyaw Thein said that he would find out if that 
would be possible. 
 
Comment 
 
5. (C) The GOB told us on August 1 (ref A) that it was aware 
of 10 cases of rape involving soldiers in Shan and Kayah 
states.  (It is possible that not all of these were 
incorporated in the SHRF and SWAN report.)  On August 23, we 
witnessed the ludicrous GOB press conference in which the 
regime claimed that no soldiers were involved in rapes (ref 
B).  The October 7 update from Brigadier General Kyaw Thein 
-- one of the most credible and straight-forward Burmese 
military officers -- appears to indicate that the Burmese 
government finally recognizes that it has a serious human 
rights and public relations problem on its hands.  While the 
GOB seriously damaged the little credibility that it has with 
the international community at its press conference on August 
23, this ongoing investigation may herald an effort within 
the military to come to terms with this issue.  Instilling 
military discipline and justice, particularly in regard to 
non-combatants in a guerrilla war, is the key to rectifying 
this problem.  The upcoming Pinheiro visit may help in this 
regard, if the GOB takes steps to involve him in a process 
consistent with international standards (and credibility). 
End Comment. 
Martinez