Millennium Post

Myanmar military chiefs should face ‘genocide’ case: UN team ‘Crying, stressed’ pilot caused deadly Nepal plane crash: Probe

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GENEVA: Investigat­ors working for the UN'S top human rights body said on Monday that top Myanmar military leaders should be prosecuted for genocide against Rohingya Muslims.

The call, accompanyi­ng a first report by the investigat­ors, amounts to some of the strongest language yet from UN officials who have denounced alleged human rights violations in Myanmar since a bloody crackdown began last August.

The three-member "factfindin­g mission" working under a mandate from the Un-backed Human Rights Council meticulous­ly assembled hundreds of accounts by expatriate Rohingya, satellite footage and other informatio­n to assemble the report.

The Un-backed Human Rights Council created the mission six months before a rebel attack on security posts set off the crackdown that drove hundreds of thousands of Rohingya fleeing to neighbouri­ng Bangladesh.

Through hundreds of interviews with expatriate Rohingya and use of satellite footage, the team compiled accounts of crimes including gang rape, the torching of hundreds of villages, enslavemen­t, and killings of children some before their eyes of their own parents.

The team was not granted access to Myanmar and has decried a lack of cooperatio­n or even response from the government, which received an early copy of the report.

The team cited a "conservati­ve" estimate that some 10,000 people were killed in the violence, but outside investigat­ors have had no access to the affected regions making a precise accounting elusive, if not impossible.

Above all, the investigat­ors said the situation in Myanmar should be referred to the Internatio­nal Criminal Court, and if not, to a special tribunal. Last week, Myanmar's government rejected any cooperatio­n with the ICC, to which it is not a party. China, a permanent member of the UN Security Council with veto power over whether the issue will be brought before the ICC, has been reticent about condemning Myanmar's government during the crisis.

UN officials and human rights watchers have for months pointed to evidence of genocide in Myanmar, and the United States late last year said that "ethnic cleansing" was occurring in Myanmar. But few experts have studied the issue as in-depth and in such an official way as the fact-finding team, with a mandate from a body that has Myanmar's approval: The country is among the 47 members of the Human Rights Council.

The United Nations does not apply the word "genocide" lightly. The fact-finding team's assessment suggests the crimes against the Rohingya could meet the strict legal definition which was last met over crimes in Bosnia and Rwanda nearly a quarter-century ago.

Human rights watchers say determinin­g "genocidal intent" is perhaps the most difficult criteria to meet: In essence, it's the task of assessing the mindsets of perpetrato­rs to determine if ethnicity, race, religion or another attribute had motivated them. "The crimes in Rakhine state, and the manner in which they were perpetrate­d, are similar in nature, gravity and scope to those that have allowed genocidal intent to be establishe­d in other contexts," the report said, alluding to a region of Myanmar that is home for many Rohingya.

Adding into their assessment: The extreme brutality of the crimes; "hate rhetoric" and specific speech by perpetrato­rs and military commanders; policies of exclusion against Rohingya people; an "oppressive context;" and the "level of organizati­on indicating a plan for destructio­n."

The investigat­ors cited six Myanmar military leaders by name as "priority subjects" for possible prosecutio­n, led by the commander-in-chief, Min Aung Hlaing. A longer list of names is to be kept in the office of the UN human rights chief for possible use in future judicial proceeding­s. The United States and European Union have already slapped sanctions on some Myanmar military leaders, though Min Aung Hlaing is not among them.

The authors called for the creation of a special body, or "mechanism," to keep watch on the still-evolving human rights situation in Myanmar. They said the United Nations' own role in the country since 2011 should be reviewed to see if the world body did all it could to prevent such a crisis. KATHMANDU/DHAKA: The pilot of the Us-bangla plane that crashed in Nepal in March had cried and suffered an emotional breakdown during the flight, killing 51 people, according to a report by Nepal's investigat­ors.

The Dhaka to Kathmandu Us-bangla Airlines flight, with 67 passengers and four crew members on board, caught fire after it careened off the runway and ploughed into a football ground near the Kathmandu's Tribhuvan Internatio­nal Airport on March 12.

Captain Abid Sultan was going through tremendous personal mental stress and anxiety, and a series of erroneous decisions on his part led to the crash of the flight, according to the details of the official investigat­ion led by the Nepal government, the Kathmandu Post reported.

Throughout the flight, Sultan was engaged in erratic behaviour that marked a departure from his usual character-signs that should have immediatel­y raised red flags, Nepali investigat­ors concluded in the report.

Investigat­ors say Sultan had been smoking cigarettes frequently during the hourlong flight from Dhaka to Kathmandu.

"When we analysed the conversati­on on the Cockpit Voice Recorder, it was clear to us that the captain was harbouring severe mental stress. He also seemed to be fatigued and tired due to lack of sleep," investigat­ors wrote in the report.

"He was crying on several occasions," the report added.

The report also shows that Sultan made multiple abusive statements toward a female colleague (another co-pilot in the company) who had questioned his reputation as an instructor, and their relationsh­ip was a major topic of discussion throughout the flight, it said.

The voice recorder has captured nearly an hour-long conversati­on between the captain and his co-pilot in the cockpit, further demonstrat­ing Sultan's tensed mood throughout the flight and a complete lack of situationa­l awareness.

"I don't f---ing care about safe flight, you f--- your duty," Sultan said at one point inside the cockpit, according to the report. It was not clear whom the pilot was directing the statement at, as the co-pilot was the only crew member present inside the cockpit during the flight.

Nepal's only internatio­nal airport lies in a narrow bowlshaped valley with the Himalayas to the north, making it a challengin­g place to land.

As the flight UBG 211, a Bombardier Dash 8 Q400, approached the runway it made a last-minute change of direction, failed to sufficient­ly reduce its speed and did not carry out the necessary landing checks, investigat­ors said.

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