Martial Law Order 12/2023

Republic of the Union of Myanmar

State Administration Council

Martial Law Order 12/2023

14th Waning of Thadingyut 1385 ME

12 November 2023

1. Under the State Administration Council’s Martial Law Order 10/2023 and the Martial Law Order 11/2023 dated 12 November 2023 (14th Waning of Thadingyut 1385 ME), the SAC has transferred the executive and judiciary power to the Commander of North-East Command and the Commander of Regional Control Command (Laukkai) to exercise the Martial Law in accordance with Section 419 of the Constitution to enforce security, the rule of law and community peace in relevant townships of Shan State.

2. Local administrative bodies at different levels under the Martial Law area shall carry out the tasks concerned with them under the command of the Commanders of North-East Command and Regional Control Command (Laukkai).

3. The Commanders of North-East Command and Regional Control Command shall designate the military regions in the martial area and shall appoint the commanders of military regions by issuing the martial law orders with the approval of the Chairman of the State Administration Council.

4. The Commanders of North-East Command and Regional Control Command shall accomplish the following tasks by themself, or military region commanders 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 Commanders of North-East Command and Regional Control Command 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) as follows: -

(AA) Death Sentence

(BB) Prison sentence with hard labour for unlimited years

(CC) The highest punishment designated in accordance with 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 Chairman. An unlimited years-prison sentence shall be approved with the approval of the relevant military command commander and the commander of regional control command. Following are the rights for exercising the rights for 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 Tribunal.

(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 day of conviction. Reversal for other punishments can be applied to the relevant military command commander and the commander of regional control command within 15 days after the convictions. The State Administration Council Chairman or the relevant military command commander and the regional control command commander shall reverse the decision. Following is 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 relevant military command commander and the regional control command commander not only can exercise the rights mentioned in the above clause (6) but also can increase the punishment.

5. The military command commander and the regional control command commander shall form an advisory body for martial law to get assistance for performing their duties.

6. The military command commander and the regional control command commander shall report to the Chairman of the State Administration Council on the situation of the martial law area.

By Order,

Aung Lin Dwe

Lieutenant-General

Secretary

State Administration Council

Appendix (a)

Crimes to be heard by Military Tribunal

1. High Treason (Section 122 of the Criminal Procedure Code)

2. Attempt to excite disaffection towards the Government (Section 124-A of the Penal Code)

3. Sabotage or hinder the performance of the Defence Services of the Union or law enforcement organizations (Section 124-C of the Penal Code)

4. Disrupts or hinders Defence Services and Government employees (Section 124-D of the Penal Code)

5. Section 505 of the Penal Code

6. Cause fear, spread false news, agitate directly or indirectly criminal offence against a Government employee (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 properties act

17.Cases against protection of public property law (1963)

18.Cases against news 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 anti-terrorism law

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