Myanmar State Counsellor Aung San Suu Kyi neither used her de facto position as the head of government nor her moral authority to stem or prevent the unfolding events in Rakhine State, said a new UN report on Monday.
The report by UN Independent International Fact-Finding Mission on Myanmar has drawn up a list of alleged perpetrators as priority subjects for investigation and prosecution, whom it believes had effective control and bear the greatest responsibility.
Responsibility starts at the top, with the Tatmadaw Commander-in-Chief Senior-General Min Aung Hlaing, according to a message received from Geneva.
Five other military commanders are also named in the report: the Deputy Commander-in-Chief, Vice Senior-General Soe Win; the Commander, Bureau of Special Operations-3, Lieutenant-General Aung Kyaw Zaw; the Commander, Western Regional Military Command, Major-General Maung Maung Soe; the Commander, 33rd Light Infantry Division, Brigadier-General AungAung; the Commander, 99th Light Infantry Division, Brigadier-General Than Oo.
A longer list of names will be kept in the custody of the UN High Commissioner for Human Rights and can be shared with any competent and credible body pursuing accountability in line with international norms and standards, it said.
The report noted that civilian authorities had little scope to control the actions of the Tatmadaw.
“It also finds that “through their acts and omissions, the civilian authorities have contributed to the commission of atrocity crimes.”
The Mission called for the situation in Myanmar to be referred to the International Criminal Court or for an ad hoc international criminal tribunal to be created.
In the interim, it called for an independent, impartial mechanism to collect, consolidate, preserve and analyse evidence of violations.
It also recommended targeted individual sanctions against those who appear to be most responsible.
The Mission travelled to Bangladesh, Indonesia, Malaysia, Thailand and the United Kingdom.
A fuller report, containing detailed factual information and legal analysis will be published and presented to the Human Rights Council on September 18.
It will include a significant amount of satellite imagery analysis.
Marzuki Darusman, a lawyer and human rights campaigner and former Attorney-General of Indonesia, is chair of the fact-finding mission.
The other two members of the fact-finding mission are Radhika Coomaraswamy, a lawyer and former UN Special Rapporteur on Violence against Women and UN Special Representative for Children and Armed Conflict; and Christopher Sidoti, an Australian human rights consultant, specializing in the international human rights system and in national human rights institutions.UNB