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Carrying out death sentences may constitute a serious international crime

September 23rd, 2024  •  Author:   Independent Investigative Mechanism for Myanmar  •  2 minute read
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The Independent Investigative Mechanism for Myanmar is closely monitoring reports of planned executions of persons sentenced to death in non-public trials.

According to information received by the Mechanism, executions may be imminent for several individuals who were sentenced to death during closed-door hearings in Yangon’s Insein Prison in 2023.

Imposing a death sentence, or even a period of detention, on the basis of proceedings that do not satisfy the basic requirements of a fair trial may constitute one or more crimes against humanity or war crimes.

One of the most fundamental attributes of a fair trial is that it be held in public unless there are compelling national security reasons. When proceedings are not public, this casts doubt on whether other fair trial guarantees have been respected, such as the requirement that the tribunal was impartial and independent. Imposing a prison or death sentence in such circumstances could constitute crimes against humanity or war crimes.

The Mechanism is monitoring and collecting information on the cases against these individuals and others that involve the imposition of the death penalty in circumstances that might violate fundamental fair trial guarantees.

The Independent Investigative Mechanism for Myanmar (IIMM or Mechanism) was created by the United Nations Human Rights Council in 2018 to collect and analyse evidence of the most serious international crimes and other violations of international law committed in Myanmar since 2011. It aims to facilitate justice and accountability by preserving and organizing this evidence and preparing case files that can be used by authorities to prosecute individuals in national, regional and international courts.

For more information visit iimm.un.org or contact [email protected]


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