Myanmar’s military junta has been threatening and harassing lawyers defending anti-coup protesters and critics, with those detained being subjected to torture and mistreatment, according to a report by Human Rights Watch. The study, titled “‘Our Numbers are Dwindling’: Myanmar’s Post-Coup Crackdown on Lawyers,” examines the junta authorities’ pattern of harassment, surveillance, arrests, and, in some cases, torture of lawyers taking on political cases. Since the February 2021 coup, the junta has arrested and detained thousands of anti-coup activists and critics and prosecuted many in summary trials that do not meet international fair trial standards. Myanmar’s justice system, already tenuous, has declined drastically, failing to uphold basic due process rights.
According to the report, the military authorities impose systematic obstacles and restrictions on lawyers that impede their work. The junta has created closed courts inside prisons that violate fair trial rights to fast-track politically sensitive cases. In addition, the junta authorities appear to have targeted lawyers in reprisal for representing activists charged with sedition, incitement, or terrorism. Furthermore, lawyers and their clients face numerous problems, including being forbidden to privately communicate or discuss their cases prior to hearings. Lawyers said that junta officials frequently obstructed or prevented them from carrying out their professional duties, denying suspects their rights to due process and a fair trial.
Lawyers attempting to defend the human rights of those arrested by the junta authorities have faced harassment and surveillance, including police blindfolding them, placing them in stress positions, and depriving them of food and water during interrogation. The abilities of lawyers to exercise their functions freely and independently are central to the capacity of the justice system to protect fair trial rights. Lawyers require confidential access to their clients to provide prompt, unhindered, and accurate legal advice to ensure the right to a fair trial. Human Rights Watch has called on the Myanmar military junta to restore civilian democratic rule urgently. Concerned governments should impose targeted sanctions against junta members implicated in abuses, seek referral of Myanmar to the International Criminal Court, and adopt a global arms embargo.
In summary, Myanmar’s military junta has been threatening and harassing lawyers attempting to defend the rights of protesters and others arbitrarily detained since the coup. The junta authorities impose systematic obstacles and restrictions on lawyers, including creating closed courts inside prisons to fast-track political cases. Lawyers attempting to defend the human rights of those arrested by the junta have faced harassment and surveillance, torture, and mistreatment. The abilities of lawyers to exercise their functions freely and independently are central to the capacity of the justice system to protect fair trial rights. The international community should impose targeted sanctions against junta members implicated in abuses, seek referral of Myanmar to the International Criminal Court, and adopt a global arms embargo.
