Statement of the Myanmar National Human Rights Commission with regard to the case involving the death of Ko Aung Naing (a) Ko Aung Kyaw Naing (a) Ko Par Gyi Statement No (6 /2015)

  1. With regard to the case involving the death of Ko Aung Naing (a) Ko Aung Kyaw Naing (a) Ko Par Gyi, the Myanmar National Human Rights Commission under instructions from the President’s Office formed a team to investigate into the matter. A special report on the findings of the team was submitted to the President’s Office and a statement for information to the public was released on 2 December 2014. The statement included a recommendation that the case should be heard in a civil court for transparency.
  1. As it was affirmed that the death of Ko Aung Naing (a) Ko Aung Kyaw Naing (a) Ko Par Gyi occurred during the period of active service, it came within the jurisdiction of the Court Martial under section (72) of the Defence Services Act. Accordingly the case was heard by a Summary General Court Martial as Case No (146/147) under the provisions of the Defence Services Act 1959, the Code of Criminal Procedures and the Rules and Procedures of the Court Martial and an order of acquittal was passed on two guard soldiers of (210) Light Infantry Regiment namely Lance Corporal Kyaw Kyaw Aung and Private Naing Lin Tun under section 71 of the Defence Services Act and section 304 of the Penal Code. The order was upheld by the Commander of the Southeast Command, it was learnt.
  1. From the information provided by the Ministry of Defence, it was also learnt that the trial of the Officers and other ranks with regard to the case involving the death of Ko Aung Naing (a) Ko Aung Kyaw Naing (a) Ko Par Gyi was held according to the 2008 Constitution, the Code of Criminal Procedures and the Defence Services Act.

 Myanmar National Human Rights Commission

Date   8 May, 2015.