3/21/2023 0 Comments Martial law![]() ![]() This article examines the President's ability to declare martial law as part of the duties as Commander in Chief. Under the Constitution, both the President and Congress can declare martial law because both are in charge of the military. This includes using military courts for trials during wartime and the use of military forces within the United States. The Commander of Yangon Command shall report to the Chairman of the State Administration Council on the situation of the martial law areas.Martial Law is when a city, state, or country is placed under the control of the military. The Commander of Yangon Command can form an advisory body for martial law to get assistance for performing his duties.Ħ. (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.ĥ. (CC) Changing a correction to another lesser one Following the rights for exercising power for reversal of the decision. 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. (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. (5) Appealing: No appeal for decisions or convictions handed down by Military Tribunal (CC) Changing a sentence to another lesser one Following are the rights for exercising the rights for approval. An unlimited years-prison sentence shall be approved with the approval of the Commander of Yangon Command. However, a death sentence shall be approved only with the approval of the State Administration Council’s Chairman. (4) Approval: The decisions and sentences handed down by Military Tribunal shall be final. (CC) The highest punishment designated in accordance with respective crimes ![]() ![]() (BB) Prison sentence with hard labour for unlimited years (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) (2) Deciding cases at Military Tribunal: Criminal cases can be heard and decided by Military Tribunal in a summary way. (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. 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. 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.Ĥ. 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.ģ. 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.Ģ. State Administration Council Martial Law Order 3/2021 3rd Waxing of Tabaung 1382 MEġ. ![]()
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