State Administration Council Released Martial Law Order 7/2023

The State Administration Council has released martial law order 7/2021 on 2 February transferring the executive and judiciary power to the Commanders of North-West Command, Southern Command, South-East Command, Coastal Region Command as well as the Commander of Regional Operations Command (Loikaw) to enforce security, the rule of law and community peace in some townships of Sagaing region, Magway region, Bago region, Taninthayi region, Chin state, Mon state, Kayin state and Kayah state.

 

Republic of the Union of Myanmar

State Administration Council

Martial Law Order 7/2023

13th Waxing of Tabodwe 1384 ME

2 February 2023

  1. Under the State Administration Council’s Martial Law Orders 1/2023, 2/2023, 3/2023, 4/2023, 5/2023 and 6/2023 dated 2 February 2023, the Council has transferred the executive and judiciary power to the Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Operations Command (Loikaw) to exercise the Martial Law under Section 419 of the State Constitution in order to enforce security, the rule of law and community peace in the designated townships in the martial law areas of the North-West Command, the Southern Command, the South-East Command, the Coastal Region Command and the Regional Operations Command (Loikaw).
  2. Local administration bodies in the areas which have been placed under Martial Law shall carry out their respective tasks under the command of the Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Operations Command (Loikaw).
  3. The Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Control Command (Loikaw) shall designate the military regions and can appoint military region commanders under the martial law orders, with the approval of the State Administration Council Chairman.
  4. The Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Control Command (Loikaw) shall accomplish the following tasks by himself, or military region commanders or an appropriate person or a body he transferred the power.
    1. Executive
      1. Security issues.
      2. Social issues.
      3. Trading issue.
      4. Transportation issues.
    2. Judiciary
      1. Formation of courts: The Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Operations Command (Loikaw) shall decide criminal cases that occurred during the martial law period at courts formed under the existing law or Military Tribunal.
      2. Deciding cases at military tribunal: Criminal cases can be heard and decided by military tribunal in a summary way.
      3. Punishment: Following punishments shall be sentenced by a Military Tribunal in accordance with the existing laws for anyone who is found guilty for crimes mentioned in Appendix (A) –

                                (AA) Death sentence

                               (BB) Indefinite imprisonment with hard labour

                               (CC) The highest punishment designated in the light of respective crimes

                           4. Approval: The decisions and sentences handed down by Military Tribunal shall be final. However, a death sentence shall be approved only with the approval of the State Administration Council's Chairman. Indefinite imprisonment with hard labour sentence  shall be approved with the approval of the relevant command commander or the commander of Regional Control Command. Following are the rights for exercising the rights for approval. Following are the rights for exercising the power of approval –

                              (AA) Abolishing a decision of a case.

                              (BB) Commuting a sentence.

                              (CC) Changing a sentence to another lesser one.

                              (DD) Approving the conviction

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                           5. Appealing: There shall be no appeal for decisions or convictions handed down by Military Tribunal.  

                           6. Applying for reversal of decisions: If a death sentence is handed down by a Military Tribunal, applying to the State Administration Council’s Chairman can be made for reversal of the decision within 15 days after the conviction. Reversal for other punishments can be applied to the relevant Commanders of Regional Military Command and Regional Operations Command within 15 days after the convictions. The State Administration Council Chairman or the relevant Regional Military Command commanders or the commander of Region Operations Command can reverse the decision. The rights for exercising power for reversal of the decision are as follows-

                             (AA) Abolishing a decision of a case.

                             (BB) Commuting a sentence.

                             (CC) Changing a sentence to another lesser one.

                             (DD) Approving the conviction.

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                           7. The State Administration Council Chairman or the relevant Regional Military Command commanders or the commander of Region Operations Command not only can exercise the rights mentioned above sub-paragraph (6) but also can increase the punishment.

  1. The Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Operations Command (Loikaw) can form an advisory body for Martial Law to get assistance for performing his duties.
  2. The Commander of North-West Command, the Commander of Southern Command, the Commander of South-East Command, the Commander of Coastal Region Command and the Commander of Regional Operations Command (Loikaw) shall report to the Chairman of the State Administration Council on the situation of the martial law areas.

 

 

                                                                                                                                                                                                                                                                                                                                                                                 By order

Aung Lin Dwe

Lieutenant-General

Secretary

State Administration Council

 

 

Appendix (A)

Crimes to be Adjudicated by Military Tribunal

  1. High Treason against the State (Section 122 of Penal Code)
  2. Attempt to excite disaffection towards the Government (Section 124-A of Penal Code)
  3. Sabotage or hinder the performance of the Defence Services of the Union or Law Enforcement agencies (Section 124-C of Penal)
  4. Disrupts or hinders Defence Services and Government employees (124-D of Penal Code)
  5. Section 505 of Penal Code
  6. Cause fear, spread false news, agitate directly or indirectly criminal offence againsts a Government Employee (Section 505-A of Penal Code)
  7. Cases against Unlawful Association Act.
  8. Cases against Weaponry Act.
  9. Murder cases.
  10. Death cases.
  11. Rape cases.
  12. Robbery cases.
  13. Banditry cases.
  14. Corruption cases.
  15. Cases against Narcotic Drugs and Psychotropic Substances Law (1933).
  16. Cases against Public Property Protection Act
  17. Cases against Public Property Protection Law (1963).
  18. Cases against News Media Law.
  19. Cases against Printing and Publishing Law.
  20. Cases against Myanmar Immigration (emergency provisions) Act (1947).
  21. Cases against The Electronic Transactions Law 
  22. Cases against Ward or Village Tract Administration Law.
  23. Cases against Counter-Terrorism Law.

Source: The Global New Light of Myanmar Newspaper (3-2-2023)

 

  • The State Administration Council has released martial law order 7/2021 under Section 419 of the State Constitution transferring the executive and judiciary power to the relevant Commanders of Regional Commands as well as the Commander of Regional Operations Command (Loikaw) to enforce security, the rule of law and community peace in some townships of Sagaing region, Magway region, Bago region, Taninthayi region, Chin state, Mon state, Kayin state and Kayah state.

 

engdate: 
Friday, February 3, 2023 - 17:00
month: 
February, 2023