Martial Law Order 3/2021

Republic of the Union of Myanmar
State Administration Council

Martial Law Order 3/2021

3rd Waxing of Tabaung 1382 ME
15 March 2021

1. With the State Administration Council’s Martial Law Order 1/2021 dated 14 March 2021 (2nd Waxing of Tabaung, 1382 ME) and the Martial Law Order 2/2021 dated 15 March 2021 (3rd Waxing of Tabaung, 1382 ME), the council has transferred the executive and judiciary power to the Commander of Yangon Command to exercise the Martial Law in accordance with Article 419 of the State Constitution to enforce security, the rule of law and community peace in Yangon Region’s townships Hlinethaya, Shwepyitha, Dagon Myothit (South), Dagon Myothit (North), Dagon Myothit (Seikkan) and North Okkalapa.
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 Yangon Command.
3. The Commander of Yangon Command shall designate the martial law areas in the Yangon Command’s region, and with the martial law orders, the Commander of Yangon Command can appoint commanders for the martial law areas with the approval of the State Administration Council.
4. The Commander of Yangon Command shall accomplish the following tasks by himself, or commanders of the martial law areas or an appropriate person or a body he transferred the power.
(A) Administration
(1) security issues
(2) social issues
(3) trade issues
(4) transportation issues
(B) Judiciary
(1) Formation of courts:  The Commander of Yangon 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)
(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’s Chairman. An unlimited years-prison sentence shall be approved with the approval of the Commander of Yangon 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 Yangon Command within 15 days after the convictions. The State Administration Council Chairman or the Commander of Yangon Command can reverse the decision. Following 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 Yangon Command not only can exercise the rights mentioned in the above sub-para (6) but also can increase the punishment.
5. The Commander of Yangon Command can form an advisory body for martial law to get assistance for performing his duties.
6. The Commander of Yangon 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 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 properties 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 anti-terrorism law
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