3rd Waxing of Kason 1383 ME 13 May 2021
1. With the State Administration Council’s Martial Law Order 4/2021 dated 13 March 2021 (3rd Waxing of Kason 1383 ME), the council has transferred the executive and judiciary power to the Commander of North-West Command to exercise the Martial Law in accord with Section 419 of the State Constitution to enforce security, the rule of law and community peace in Mindat Township of Chin State where the martial law was imposed in the area of North-West Command.
2. Local administration bodies in the areas which have been placed under the Martial Law shall carry out the tasks concerned with them under the command of the Commander of North-West Command.
3. The Commander of North-West Command shall designate the military regions in the martial law areas of the North-West Command. With the martial law orders, the Commander of North-West Command shall appoint commanders of the military areas with the approval of the State Administration Council Chairman.
4. The Commander of North-West Command shall accomplish the following tasks by himself, or commanders of the military regions or an appropriate person or a body he transferred the power.
(A)Administration
(1) security issues
(2) social issues
(3) trade issues
(4) transport issues
(B)Judiciary
(1)Formation of courts: The Commander of North-West Command shall decide the trials for criminal cases that occurred during the martial law period at the courts formed under the existing law or Military Tribunal.
(2)Trials at Military Tribunal: Criminal cases can be heard and sentenced by Military Tribunal in a summary way.
(3) Punishment: Following punishments shall be sentenced by a Military Tribunal as per the existing laws for anyone who is found guilty for crimes mentioned in Appendix (A)-
(AA)Death Sentence
(BB)Prison sentence with hard labour for unlimited years
(CC)The highest punishment designated in line with respective crimes
(4)Approval: The decisions and sentences handed down by Military Tribunals shall be final. However, a death sentence shall be approved only with the approval of the State Administration Council Chairman. An unlimited imprisonment sentence shall be agreed with the support of the Commander of North-West Command. Followings are the rights for exercising approval.
(AA)Abolishing a decision of a case
(BB) Commuting a sentence
(CC) Changing a sentence to another lesser one
(DD) Approving the conviction
(5) Appealing: No appeal for decisions or convictions handed down by Military Tribunals.
(6)Applying for reversal of decisions: If a death sentence is handed down by a Military Tribunal, applying to the State Administration Council Chairman can be made for reversal of the decision within 15 days from the date of conviction. Reversal for other punishments can be applied to the Commander of North-West Command within 15 days after the convictions. The State Administration Council Chairman or the Commander of North-West Command shall reverse the decision. Followings are the rights for exercising power for reversal of the decision.
(AA) Abolishing a decision of a case
(BB) Commuting a sentence
(CC) Changing a correction to another lesser one
(DD) Approving the conviction
(7) The Chairman of the State Administration Council or the Commander of North-West Command not only shall exercise the rights mentioned in the above subpara (6) but also shall increase the punishment.
5.The Commander of North-West Command can form an advisory body for martial law to get assistance for performing his duties.
6. The Commander of North-West Command 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
Crimes to be heard by Military Tribunal
1. High Treason (Section 122 of the Penal Code)
2. Attempt to excite sedition towards the Government (Section 124-A of the Penal Code)
3. Sabotage or hamper the performance of the Defence Services of the Union or law enforcement organizations (Section 124-c of the Penal Code)
4. Disrupts or hamper Defence Services and Government employees (Section 124-d of the Penal Code)
5. Section 505 of the Penal Code
6. Directly or indirectly make causing the panic to any government service personnel to commit crime, commit the incitement and spread the false news (Section 505-A of the Penal Code)
7. Cases against unlawful associations 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 (1993)
16. Cases against protection of public property act
17. Cases against protection of public property law (1963)
18. Cases against press and media law
19. Cases against printing and publishing law
20. Cases against Myanmar Immigration (provisional) act (1947)
21. Cases against electronic communications law
22. Cases against ward or village-tract administration law
23. Cases against counter-terrorism law
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