The prosecution of coup leader-turned-president Min Aung Hlaing under the Timor-Leste justice system for crimes committed in Chin State during his tenure as head of the junta has entered its next phase, according to the Chin Human Rights Organization (CHRO), which initiated the legal proceedings.
Charges of war crimes and crimes against humanity against Min Aung Hlaing were formally filed with the District Court in Dili, the capital of Timor-Leste, on April 30, the Chin Human Rights Organization (CHRO) announced on May 4.
“The case was first filed with Timor-Leste’s Department of Justice in January. On February 1, we submitted a formal request, after which the case was assigned to lawyers. By the end of April, the department had transferred it to the district court, meaning it had reviewed the charges and allowed the case to proceed. The Department of Justice is a government ministry, and once it refers a case, the court takes over responsibility for handling it. We see this as a step forward,” said Salai Man He Lian, an administrative official of the CHRO.
The Myanmar military’s atrocities in Chin State were primarily the responsibility of its leader, Min Aung Hlaing, the CHRO claimed.
On January 13, the CHRO filed a lawsuit with the Dili court under international jurisdiction against 14 Myanmar military generals, including Min Aung Hlaing, over 5 crimes committed in Chin State. On February 2, Timor-Leste formally accepted the charges.
By the end of April, as a significant next step, the Justice Department had transferred the case to the district court, and the CHRO said it is ready to present the necessary evidence.
“We are prepared to provide additional evidence as soon as the Timor-Leste court requests it, as it is still reviewing the case file. We also trust that the Independent Investigative Mechanism for Myanmar (IIMM) will do the same. We hope the Timor-Leste court will thoroughly examine each individual and their alleged crimes, and proceed in accordance with established judicial procedures,” Salai Man He Lian told Khonumthung News.
José Teixeira of the Timorese law firm Da Silva Teixeira & Associados Lda, which represents the CHRO, said he is confident that if a legal investigation is initiated, the court will issue a decision in accordance with due process.
Among the charges brought by the CHRO are cases alleging that a seven-month-pregnant woman was gang-raped by regime soldiers in front of her husband, and that 10 people including a journalist and a 13-year-old boy were killed by having their throats slit while their hands were tied behind their backs, and the CHRO submitted evidence for each case. In addition, the CHRO has presented substantial evidence in the case involving the deliberate killing of a Christian pastor and three deacons. Another charge alleges that the junta violated international law by carrying out a large-scale airstrike on a hospital, killing four health workers and four patients.
The CHRO’s case seeks to indict ten military officials, including Min Aung Hlaing, Air Force Commander General Htun Aung, Lieutenant General Zeyar Kyaw of Military Operations Command, and Colonel Ye Kyaw, commander of Tactical Operations in Matupi, along with other battalion and military region commanders.
CHRO, London-based Myanmar Accountability Project (MAP), and Timor-Leste–based law firm Da Silva Teixeira & Associados Lda. jointly filed the application for indictment on January 12.
Timor-Leste and Myanmar share similar struggles for freedom and justice, making the meeting an opportunity to convey the grievances of the Myanmar people to the world through the people of Timor-Leste, the CHRO said.
Efforts to prosecute coup leader Min Aung Hlaing for alleged war crimes against the Myanmar people are gaining momentum across international jurisdictions, with proceedings or attempts underway in Timor-Leste, the Philippines, Indonesia, Argentina, and Turkey.