US embassy cable - 02RANGOON1343

UNCLAS SECTION 01 OF 02 RANGOON 001343 
 
SIPDIS 
 
STATE FOR EAP/BCLTV 
CINCPAC FOR FPA 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, BM, TH, Ethnics, Human Rights 
SUBJECT: LATEST GOB REPORT ON SHAN RAPES FINDS FIVE OUT OF 
173 CASES VERIFIABLE 
 
REF: (A) RANGOON 1070 (B) RANGOON 1304 
 
1.  (U) Summary:  On October 16, the GOB presented results of 
its latest investigation of the allegations contained in the 
Shan Human Rights Foundation's "Licence to Rape."  The GOB 
claims that it has now re-investigated all 173 cases and 
found that only five cases bear even any "similarity" to the 
incidents in the SHRF report.  The GOB has invited UN SR 
Pinheiro to visit Shan State but was not specific as to what 
investigative activities, if any, he will engage in.  We 
should insist that SR Pinheiro take an active role in looking 
into the SHRF allegations when he visits Shan State as there 
must be a better accounting of what actually happened.  The 
GOB's latest approach to the SHRF report shows that they may 
be developing an understanding that they cannot just deny 
allegations of human rights abuses, but the GOB's numbers 
just do not add up.  End Summary. 
 
2.  (U) On October 16, the GOB, in the person of the Deputy 
Minister of Foreign Affairs, briefed all of the chiefs of 
diplomatic missions and heads of UN agencies on the results 
of the GOB's latest investigation of the allegations 
contained in the May 2002 Shan Human Rights Foundation's 
"License to Rape."  This second GOB investigation was only 
motivated by the realization that the whitewash that the GOB 
tried to pass off in their report of their original 
investigation in August 2002 (see Ref  A) earned them nothing 
but skepticism and derision from the international human 
rights community and the press.  The DepFonMin stressed 
repeatedly that this investigation was "on site, on the 
ground, and personal." 
 
3.   (U) Post previously detailed some of the findings of 
this latest GOB report that had been passed to us while it 
was in draft stage.  Two of the reported incidents vary 
considerably from what we had been told in confidence by a 
seniior military officer in early October (see Ref  B).  A 
summary of the latest GOB findings is as follows (post is 
faxing the GOB summary of the five cases to EAP/BCLTV and the 
GOB is translating the complete report of the investigations 
of the 173 cases into English for distribution).  Case 
numbers refer to corresponding cases in the SHRF report: 
 
- Case 3:  Some confusion on actual name of the perpetrator, 
but it was an attempted, and unsuccessful, sexual assault. 
The attacker apologized to the victim publicly and paid a 
monetary compensation to her.  The victim did not press any 
further charges. 
 
-- Case  53:  Villagers reported the rape to the local 
platoon commander who then ordered the attacker to be brought 
in for questioning.  The soldier resisted, opened fire on his 
senior office, and was killed in the ensuing gunfight. 
 
-- Case 55:  A clandestine love affair that became very 
public.  The couple was caught "in the act" and publicly 
embarrassed.  According to the GOB investigation, the victim 
said she had not been sexually molested against her will, the 
soldier paid compensation to her, her parents, and some 
neighbors.  The soldier was also transferred out of the area. 
 
-- Case 60:  A disabled schoolgirl was raped twice in one 
day, once by a Burmese soldier and once by a soldier of the 
Shan State National Army (SSNA).  The Burmese soldier was 
tried and sentenced to 10 years hard labor.  The SSNA soldier 
was executed by the SSNA. 
 
-- Case 69:  The details of the dates of the incident were 
different than the SHRF report.  However, the crime did occur 
and one of the attackers was sentenced to life imprisonment 
and two other soldiers were each sentenced to three years at 
hard labor.  The senior officer in charge of the soldiers 
forfeited a year of service. 
 
4.  (U) The GOB now claims to have investigated all 173 cases 
of sexual violence against women recounted in the SHRF report 
and states that these are the only cases that bore even any 
"similarity" to the incidents in the SHRF report.  The 
DepFonMin also stated that the GOB has invited UN Special 
Rapporteur Pinheiro to visit Shan State but declined to be 
specific as to what investigative activities, if any, he will 
engage in. 
 
5.  (U) The DepFonMin also stated that any future possibility 
of an independent investigation by an international 
organization would be "another matter".  He stated 
"categorically" that the GOB considers such an investigation 
to be an infringement on its national sovereignty. 
 
6.  (U) Comment:  Although the number of cases that the GOB 
is even admitting had some foundation in fact is still 
appallingly small, this latest approach to the whole question 
of the SHRF report indicates they may perhaps be developing a 
glimmer of understanding that they cannot just deny 
allegations of human rights abuses and play the role of 
conspiracy victim.  Their handling of this latest briefing on 
the SHRF report was much more professional, coherent, and 
detailed than the previous one, which was a fiasco (see Ref 
A).   However, SR Pinheiro should take a very active role in 
looking into the SHRF allegations when he visits Shan State. 
Ideally, the UNHCR could send a team to delve into the 
allegations.  There must be a better accounting of what 
actually happened - the GOB's numbers just do not add up and 
claims of national sovereignty do not as wash as a basis to 
refuse to allow independent investigation of the violence 
depicted in the SHRF report. 
Martinez