Corruption in Judicial and Policing Systems

Corruption is an integral part of Burma’s judicial and policing systems as well as its prisons. It is a common practice that appears to have become an accepted form of behaviour. It permeates every level of the infrastructure that governs Burma’s policing and judicial procedures. Judges, police force members, local authorities, district authorities, prison wardens and lawyers are all involved or somehow implicated in this corrupt system. The porters interviewed told of the culture of bribery where they could pay off police or township authorities to overlook their complicity in illegal activity. A common example was the bribery of authorities, which allowed the continued existence of illegal lottery operations. There were some reports that these authorities were even directly involved in this activity. If people failed to pay the appropriate bribes to the authorities they were immediately arrested and imprisoned. On the other hand, a bribe paid would often ensure your safety and the continued operation of your illegal activity. One porter interviewed worked for a woman by selling illegal lottery tickets for her. "She had to give this money to the township leaders and police chiefs - around 500,000 kyat a year. I sold enough one time to get more than 10,000 kyat in commission (for 100 kyat the commission was 20 kyat, 20%). I gave 12,000 kyat to the police one time. One month I should have paid 12,000 kyat but I could only pay 10,000 kyat which left me 2,000 kyat short. When the police found out they arrested me and put me in jail."

The same porter went on to say that in order to get his case dropped by the court, he tried to bribe his lawyer, the township leader and the police chief. His case lasted for more than two months, in which time he paid more than 500,000 kyat in bribes, and still he went to prison. This type of extortion is common. Some bribes are paid and not honoured as authorities abuse their positions of power to extort money for their own personal benefit. Another porter who was arrested on a false charge was directly told to give money to the prison authority. Bribes would often mean a reduction in one’s sentence as well. One porter told how he killed a man who had declared his love for the porter’s sister, and then bribed the judge to get a reduced sentence. “One day when she went to school a young man followed her and gripped her hand and expressed how he would love to fall in love with her. I saw it and stabbed him with my knife in his stomach and he died. So I became a criminal. Our parents gave a bribe to the judge of 300,000 kyat, and the judge reduced my prison sentence to four years.” Many of the porters interviewed claimed to have been arrested for petty offences. One recounted that he had borrowed a friend’s bicycle, but the friend thought it had been stolen and therefore reported it to the police. The mistake was rrealised and the charge withdrawn but the authorities sentenced him nevertheless to four year in jail, the same sentence for a murderer who can afford to bribe a corrupt judge.

Corruption within Prison

In the prisons, bribery and corruption are often the only way to receive adequate treatment. Many prisoners pay bribes to the prison authorities for more lenient treatment such as not being forced to do hard labour, or for the use of a clean toilet instead of a filthy one. They would also pay bribes not to be interrogated and beaten by prison authorities. Many prisoners were also able to pay bribes to be excused from becoming porters. The porters interviewed told how the prison authorities would call up more porters than were needed, ensuring that those who had money could offer bribes not to go. In most prisons 50 porters were required, yet prison authorities would call up 100-150 prisoners. In this way the military gets the number of porters required and the prison authorities get personal monetary benefit. “One day the prison authorities came with a list of prisoners. There were 150 names on it [of people who were to become porters]. At the time we did not realise what we would have to do. 100 people paid 20,000-40,000 kyat per person [to get out of portering]. Those who could not pay were moved to a different part of the prison [to become porters] and we were chained.” Corruption is always a discriminatory practice. In most cases the amounts of money needed for bribery are far beyond the reach of the average citizen in Burma. For a farmer who may earn 5,000 kyat per month, 40,000 kyat is an unfathomable amount of money. Only a select few such as landowners and businessmen can afford this. Bribery was also the only way to receive medical treatment from the prison authorities. Medical supplies were provided by the International Committee of the Red Cross (ICRC) for distribution amongst prisoners, and the prison authorities’ responsibility to provide adequate medical treatment is also clearly outlined in the Burmese Jail Manual (1950). One porter told how, although the ICRC brought medical supplies to the prison, the prisoners never received this unless they could pay for it. “If your family has money and pays 1,000-1,500 kyat to the guard then they will get the proper medicine.” Many porters said that they never received this medicine and that they believed that the prison authorities kept it for themselves. Corruption continues unabated not only within society but also within the very structures that are supposed to uphold the principles of justice. Corruption breaks down the fabric of social and economic structures and creates a system of justice that can be bought. The continued lack of accountability and punishment for those who participate in corruption, especially those in positions of authority, makes a mockery of justice and of Burma’s sincerity in its professed attempts at bringing its judicial and policing procedures up to international standards.

This report (110 pages) was published along with the video “From Prison to Frontline” which allows the porters to express themselves in their own voices. The publication, video and postage are free of charge but any donations would be gratefully appreciated. You can order both report and video at the following address: Burma Issues 1/11 Soi Piphat 2, Convent Road Silom, Bangkok 10500 Thailand or by contacting us by email at: durham@mozart.inet.co.th