Martial Law Order No 2/2024

 

Republic of the Union of Myanmar

State Administration Council

Martial Law Order No 2/2024

4th Waning of Tabodwe 1385 ME

28 February 2024

1. Under the State Administration Council’s Martial Law Order 1/2024 dated 28 February 2024 (4th Waning of Tabodwe 1385 ME), the State Administration Council has transferred the executive and judiciary power to the Commander of the Northern Command to exercise Martial Law under Section 419 of the Constitution to enforce security effectively, the rule of law and community peace in Momeik and Mabein townships of Shan State.

2. Local administrative bodies at different levels under the Martial Law area shall carry out their respective tasks under the command of the Commander of the Northern Command.

3. The Commander of the Northern Command shall designate the military regions in the Martial Law area. He shall appoint the commanders of military regions by issuing Martial Law orders with the approval of the Chairman of the State Administration Council.

4. The Commander of the Northern Command shall accomplish the following tasks by himself, or military region commanders or an appropriate person or a body to which 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 the Northern Command and Regional Control Command shall decide criminal cases that occur during the Martial Law period at courts formed under the existing law or Military Tribunal.

(2) Deciding cases at the Military Tribunal:Criminal cases can be heard and decided by the Military Tribunal in a summary way.

(3) Punishment:The 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) 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 the Military Tribunal shall be final. However, a death sentence shall be approved only with the approval of the State Administration Council Chairman.

An unlimited prison sentence shall be approved with the approval of the Commander of the Northern 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 the 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 Commander of the Northern Command within 15 days after the convictions. The State Administration Council Chairman or the Commander of the Northern Command shall reverse the decision. Following 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 sentence to another lesser one

(DD) Approving the conviction

(7) The Chairman of the State Administration Council or the Commander of the Northern Command not only can exercise the rights mentioned in the above clause (6) but also can increase the punishment.

5. The Commander of the Northern Command shall form an advisory body for Martial Law to get assistance for performing their duties.

6. The Commander of the Northern Command shall report to the Chairman of the State Administration Council on the situation in 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 a Government employee directly or indirectly to commit a criminal offence (Section 505-A of the Penal Code)

7. Cases against the Unlawful Associations Act

8. Cases against weaponry act

9. Murder cases

10. Death cases

11. Rape cases

12. Robbery cases

13. Banditry case

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 Property 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 Counter-Terrorism Law

#TheGlobalNewLightOfMyanmar