Martial Law Order No 9/2023

Republic of the Union of Myanmar State Administration Council

Martial Law Order No 9/2023

4th Waxing of Tabaung 1384 ME

22 February 2023

1. Under the State Administration Council’s Martial Law Order No 8/2023 dated 22 February 2023, the council has transferred the executive and judiciary power to the Commander of North-West Command to exercise Martial Law under Section 419 of the State Constitution in order to enforce security, the rule of law and community peace in Shwebo Township, Wetlet Township and Ayadaw Township in the martial law areas of the North-West Command.

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.

3. The Commander of North-West Command shall designate the military regions and can appoint military region commanders under the martial law order, with the approval of the State Administration Council Chairman.

4. The Commander of North-West Command shall accomplish the following tasks by himself, or military region commanders or an appropriate person or a body to he transferred the power: -

(a) Administration

(1) Security measures

(2) Social issues

(3) Trade issues

(4) Transport issues

(b) Judiciary

(1) Formation of courts: The Commander of North-West 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 under the existing laws for anyone who is found guilty of crimes mentioned in Appendix-A.

(AA) Death Sentence

(BB) Prison sentence with hard labour for unlimited years

(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. An unlimited years-prison sentence shall be approved with the approval of the commander of North-West 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’s 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 commander of North-West Command within 15 days after the convictions. The State Administration Council Chairman or commander of North-West 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 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 can exercise the rights mentioned in the above sub-para (6) but also can increase the punishment.

5. The Commander of North-West Command can form an advisory body for martial law to get assistance in 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

Appendix-A

Crimes to be heard by Military Tribunal

1. High Treason (Section 122 of the Penal Code)

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

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

4. Disrupts or hinders the Tatmadaw 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 the Narcotic Drugs and Psychotropic Substances Law (1993)

16. Cases against the Protection of Public Properties Act

17. Cases against the Protection of Public Properties Law (1963)

18. Cases against the News and Media Law

19. Cases against the Printing and Publishing Law

20. Cases against the Myanmar Immigration (provisional) Act (1947)

21. Cases against the Electronic Communications Law

22. Cases against the Ward or Village-tract Administration Law

23. Cases against the Anti-Terrorism Law

#TheGlobalNewLightOfMyanmar