Shan Rights Group Urges Government Action in Sexual Assault Case

Shan Rights Group Urges Government Action in Sexual Assault Case
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S.H.A.N

The Shan Women’s Action Network (SWAN) issued a statement last week calling on Burmese government authorities to take steps to ensure that due process is followed in a sexual assault case involving a teenage Shan women.

The group alleges that the victim, who remains unnamed, was sexually assaulted by her businessmen employer in Mandalay 2014.

SWAN alleges that the young victim was sexually assaulted by Maung Hla Sein, also known as Kin Min Jee, age 24, the manager of the Xin Hua Company and later physically assaulted by his father-in-law U Kyan Yee Kane, the owner of the Xin Hua Company.

According to SWAN the first incident took place on 6 November 2014 when the then 17-year old Shan teenager, a cook for the Xin Hua Company in Mandalay, was sexually assaulted by Maung Hla Sein, at the Shwe Phyu Guesthouse. At the time of the alleged incident Maung Hla Sein was in charge of the local Xin Hua Company branch.

According to SWAN following the sexual assault Maung Hla Sein told the then 17 year old that they would get married. The young women continued to stay with the man for three months and became pregnant. Maung Hla Sein then allegedly drugged her without her consent causing their unborn child to be aborted. Maung Hla Sein, is then alleged to have told the victim to go back to her home, after promising her that he would marry her within two months. This never happened, according to SWAN.

It is alleged that Maung Hla Sein later phoned the victim and told her that they could not marry because he was already married but that he would give her 40,000,000 kyats (approx US$33,000) as compensation for what he did. According to SWAN however he never paid her the promised funds, the young women then filed a law suit against him.

According to SWAN while the suit was still pending the young woman was  summoned by Maung Hla Sein’s father in-law, U Kyan Yee Kane, to come to their family home in Muse to discuss the settlement. According to SWAN, “When she arrived at the house at 7 pm on 7 May 2015, U Kyan Yee Kane and his entire family brutally beat the girl, stripping her of her clothing. She managed to escape with no clothes on.”

The the victim then filed a report about the incident with police authorities in Muse. According to SWAN: “Since then, there have been more than 30 court appointments regarding the case. The Police officer responsible for the assault case, Sub Inspector of Police, U Aung Lin never appeared in court. There has been no examination of the attackers, U Kyan Yee Kane and Daw Ah Shwin.”

In March 2016, the victim was informed that she was being sued by U Kyun Yee Kane and she is now facing charges under Penal Codes 447 & 427. The same judge, U Sithu Tun , is supposed to be presiding over both cases.

Reached for comment, Ying Harn Fah, a spokesperson for SWAN told the Shan Herald that she is concerned that the accused's wealth and influence has been used to further harm the young woman.

She said: “Nobody has stood on the side of the young woman who has been violated, including the government. That’s why I want the new government to know this. I want to warn them that allowing foreign businessmen to manipulate Burma’s judiciary is an infringement of the country’s sovereignty."

Yein Han Pha added that her group will continue to support the Shan teenager throughout her ordeal.

She said: “SWAN will stand on the side of violated and oppressed women. I want to request the public to help and support the women who are victims of injustice. In most cases, the families abandon the case and fail to report them to the police because of their feelings of shame. Such kind of things shouldn’t happen in this era. I want everyone to give their support and take fair action against injustice."

Translated by Thida Linn

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