COUNTRY PAPER ON TRANSNATIONAL ORGANIZED CRIME

Maung Maung Than,

Chief,

Criminal Investigation Department,

Yangon, Myammar

Introduction

Act of transnational, organised, crime affected the lives, health, property and the security of completely innocent people. Such acts have not only disrupted economic and social activities, sowed the seeds of distrust and fear among State and peoples, and often provoked a violent response which not only escalated tension and hostility negate fundamental social, political and economic rights. Acts of transnational organised crime impaired the diplomatic activities of states, endangered their representative and hampered the, normal-development of contacts and communication between them and in the final analysis, threatened the security of peoples. So it goes without saying that the active co-operation of the international community in tackling the problems of transnational organised crime is essential.

Asia Countries

Asia is one of the largest landmasses in the world and the most densely populated. There are difference in the polities practised, difference of nationalities, difference in their culture and religious belief. The differences are contrasted by one similarity, that is problems concerning crime. Asia countries are sure to have faced crimes of the following nature -

Myanmar

Myanmar is situated on the mainland of Southeast Asia peninsular, and has an area of 261,288 squaremiles. It shares the land boundary of 3,640 miles with five neighbouring countries, Bangladesh and India on the north - west, China on the Northeast and Laos and Thailand on the south - east. It has a total coastline of 1,414 miles.

Topographically the country is very rugged and mountainous in the north and in the west. The eastern part though hilly is a plateau. Within the range of latitudes, the topography varies from fiat land at sea level and river valleys to snow-capped peaks of over 18,000 feet and deep ravines. Three major river systems, the Ayeyarwaddy (1238 miles) and its major tributary, the Chindwin (691 miles) and Thanlwin (796 miles) constitute the 'most important reverie system in the country. The climate of Myanmar is monsoonish, having a Southwest monsoon (wet) season and Northeast monsoon (dry) season. If the transition seasons are also taken into account, It has the following seasons:

Situation of the Transnational Organised Crime in Myanmar

Since regaining independence in 1948, acts of Violence and terrorism were carried out by armed insurgent groups with political and racial motives. They spread terror in far-flung areas by raiding villages, harassed lines of communication and sabotage the Infrastructure of the country. Some armed groups, for their sustenance, took to smuggling contraband commodities and narcotic drugs trafficking along the borders of neighbouring countries. But after 1989,1/ insurgent groups have exchanged arms with peace and with the exception of one group, have come back to the legal fold.

Being an ago - based economy for centuries, there exist neither large conglomerates nor tycoons in the business community, and hence, crime syndicates and gangs is non-existent. Myanmar people are by nature, pious and peace loving and thus there are no religious fanatics and extremists who profess in terrorist activities.

There are a few incidences though spreadout in our history. The first ever aircraft hijacking took place in 1949 when a group of bandits hijacked a chartered plane carrying banknotes and forced it to land on a sand beach in the waistcoats strip of Rakhine. They made off with the banknotes but left the crew and aircraft unharmed.

Another terrorist act made a black mark, in the history of Myanmar in July 1983, when North Korean terrorists exploded a time - bomb in Yangon, in an attempt to assassinate the President of South Korea on a goodwill state visit to Myanmar.

The turmoil and strife that broke out in 1988 was schemed by underground terrorist groups which toppled the Government, but the Myanmar Defence Forces brought it under control within a short period.

Another incident of a commercial passenger aircraft hijacking occurred in 1989. The planed was diverted to Bangkok but ended peacefully with the entire passenger and crew unhurt and the aircraft intact, due to the tactful handling of the incident by the concerned authorities and the pilot.

In 1995, a transnational crime occurred where the offenders, gang members from a large country to the north of, Myanmar, infiltrated into the country. They were assisted in their crime by covetous end greedy companions. Their greediness was a driving force for the kidnapping of one of their countryman. They demanded ransom money and threatened to kill the hostage if their demands were not met. They turned to violence by sending along the cut - off Little finger of their hostage. The offenders were apprehended successfully by the Myanmar Police force.

Then on 25 December 1996, KNU insurgents set off two time - bombs in public and in a shrine where people were praying and paying obeisance to Buddha's Tooth Relice, killing and injuring innocent worshipers.

In April 1997, a terrorist attack, in the form off a parcel bomb sent from abroad, to assassinate one of our top line leaders, exploded at his residence, which killed his innocent daughter.

On 8 January 1998, a crime occurred in Nilai Malaysia where a Myanmar citizen was killed with knife wounds. His brother complained and opened case No. 87/98 at the Nilai police station. On 24 January 1998, the Guang Ming Dally of Malaysia published photographs of the murderers. The murderers were arrested on their return to Myanmar. The police had based their investigation on the pictures published in the Guang Ming daily and the documents that had been sent by Malaysian authorities. They were charged with existing laws of Myanmar. This occurrence is a showcase of the co-operation that exists between the police forces of South East Asia.

On 9 June 1999, as the MV Torm Eastern owned by the Fortuna Navigation Co. Ltd Hong Kong Shipping Line was travelling in international waters near Japan, a Myanmar sailor stabbed another Myanmar sailor to death on the ship. The captain of the ship was assisted on request by Japanese doctor and police who performed the post mortern and arrested the culprit. The extradited culprit was collected by the Myanmar Police Force from Korea and changed with the existing Laws of Myanmar. This also is a showcase of co-operation between countries concerning organised transnational crime.

A group of armed terrorists posing as visitors to obtain visas entered the Myanmar Embassy in a neighbouring country On 1st October and held the embassy staff hostage. The terrorist group ransacked the offices including the office of the Ambassador and took away valuable articles, documents and cash including Thai baht. US dollars, Singapore dollars, Japanese yen and German.

Modus operandi

In Myanmar, reporting unusual situation and incidents are traditional civic duty practised by the citizens. People In the villages and wards communities know each other and are vigilant of strangers. Strangers putting up at villages wards are required to report of their stay period to the local authorities either by themselves or by the hosts. It is almost impossible for terrorists to merge into the public an any locality. Local headmen are authoritative and manage community affairs very efficiently. Local Peace and Development Councils at the ward and village level work closely with the local police station for crime prevention and suppression, undertake joint watch or surveillance and patrolling duties for the prevalence of security.

The Myanmar Police Force has categorised criminal offences as follows to make it easier to keep records and take action accordingly;-

Conclusion

An NGO Like ACPF should take a more active role in the Asia Pacific region concerning crime prevention. Advice on the judicial process will also help in the smooth completion of the trial. Assistance by individuals and organisation to the relevant countries should be increased.

There should be on open and cordial relationship with the United Nations Crime Prevention Criminal Justice Programme. The resultant of this relationship shall be more effective and practical policies and procedures in crime prevention as well as the judicial process.