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YOKOTA REPORT (FULL TEXT) PT I
- Subject: YOKOTA REPORT (FULL TEXT) PT I
- From: darnott@xxxxxxxxxxx
- Date: Wed, 08 Nov 1995 07:52:00
(FOR EASE OF DOWNLOADING THE REPORT HAS BEEN POSTED IN TWO PARTS)
[PART I]
UNITED NATIONS A
General Assembly Distr. GENERAL A/50/568
16 October 1995 ORIGINAL: ENGLISH
Fiftieth session Agenda item 112 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Situation of human rights in Myanmar
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members
of the General Assembly the interim report prepared by Mr. Yozo
Yokota, Special Rapporteur of the Commission on Human Rights on
the situation of human rights in Myanmar, in accordance with
Commission on Human Rights resolution 1995/72 of 8 March 1995,
and Economic and Social Council decision 1995/283 of 25 July
1995.
ANNEX
Interim report prepared by Mr. Yozo Yokota, Special Rapporteur of
the Commission on Human Rights on the situation of human rights
in Myanmar, in accordance with Commission on Human Rights
resolution 1995/72 of 8 March 1995 and Economic and Social
Commission decision 1995/283 of 25 July 1995
CONTENTS
Paragraphs Page
I. INTRODUCTION ....................................1-5 3
II. PROPOSED VISITS TO MYANMAR BY THE SPECIAL
RAPPORTEUR.......................................6-11 3
III. MEMORANDUM OF ALLEGATIONS TO THE GOVERNMENT OF
MYANMAR...........................................12 7
IV. RESPONSE OF THE GOVERNMENT OF MYANMAR TO THE
MEMORANDUM OF THE SPECIAL RAPPORTEUR............13-14 22
I. INTRODUCTION
1. On 8 March 1995, at its fifty-first session, the Commission
on Human Rights adopted without a vote resolution 1995/72
entitled "Situation of human rights in Myanmar". In paragraph 23
of the resolution, the Commission decided to extend for one year
the mandate of the Special Rapporteur to establish or continue
direct contacts with the Government and people of Myanmar,
including political leaders deprived of their liberty, their
families and their lawyers and requested the Special Rapporteur
to report to the General Assembly at its fiftieth session and to
the Commission on Human Rights at its fifty-second session. The
present report, which constitutes a preliminary report by the
Special Rapporteur, is being presented in accordance with that
request. A final report will be submitted to the Commission on
Human Rights at its fifty-second session.
2. In the same resolution, the Commission, inter alia: noted
with particular concern that the electoral process initiated in
Myanmar by the general elections of 27 May 1990 had not yet
reached its conclusion; deplored the fact that political leaders
remained deprived of their liberty, in particular elected
representatives and Nobel Peace Prize laureate Daw Aung San Suu
Kyi; expressed its grave concern at the violations of human
rights, which remained extremely serious, in particular, the
practice of torture, summary and arbitrary executions, forced
labour, including forced portering for the military, abuse of
women, politically motivated arrests and detention, forced
displacement, important restrictions on the freedoms of
expression and association, and the imposition of oppressive
measures directed at ethnic and religious minority groups; and
expressed its concern about the continuous problems created in
neighbouring countries by the continuous flows of refugees from
Myanmar. The Commission also expressed its grave concern over the
offensive against the Karen National Union, Burmese student
activists and other groups of the political opposition.
3. In addition to the above, the Commission took note of the
fact that the Government of Myanmar: had acceded to the Geneva
Conventions of 12 August 1949; had withdrawn several reservations
it had entered concerning the Convention on the Rights of the
Child; had observed cease-fire agreements with ethnic groups; had
freed a certain number of political prisoners; and had received
the Special Rapporteur for a visit to Myanmar.
4. On 25 July 1995, the Economic and Social Council, in its
decision 1995/283, approved Commission resolution 1995/72.
5. The present preliminary report is submitted to the Secretary-
General of the United Nations for dissemination to all States
Members of the United Nations.
II. PROPOSED VISITS TO MYANMAR BY THE SPECIAL RAPPORTEUR
6. On 19 July 1995, following the lifting of restrictions
against Daw Aung San Suu Kyi, the Special Rapporteur addressed
the following letter to the Government of Myanmar requesting a
visit to the country in order to meet with her:
"I have the honour to refer to Commission on Human Rights
resolution 1995/72 of 8 March 1995, by which my mandate as
Special Rapporteur on the situation of human rights in
Myanmar was extended for a fourth year.
"By paragraph 23 of resolution 1995/72, the Commission
called upon the Special Rapporteur 'to establish or continue
direct contacts with the Government and people of Myanmar,
including political leaders deprived of their liberty'.
Paragraph 25 urged 'the Government of Myanmar to cooperate
fully and unreservedly with the Commission and the Special
Rapporteur and, to that end, to ensure that the Special
Rapporteur effectively has free access to any person in
Myanmar whom he may deem appropriate to meet in the
performance of his mandate, including Daw Aung San Suu Kyi'.
"Accordingly, I would be most grateful to continue
benefitting from the cooperation of your Excellency's
Government so that I may provide the General Assembly and
the Commission with an accurate and comprehensive assessment
of the situation of economic, social, cultural, civil and
political rights in Myanmar. In this regard, and given the
recent decision of your Government to lift the restrictions
placed on Ms. Aung San Suu Kyi, I would wish to visit your
country to meet with her. On the same occasion, I would
welcome the opportunity to have discussions with your
Government's representatives. This exceptional mission will
enhance the accuracy of my report to the General Assembly, in
which all the recent developments could be reflected.
Specifically, and keeping in mind the schedule of the General
Assembly, I would hope that your Government would agree to my
visit from 21 to 25 August.
"I wish to note in this connection that it would remain my
intention to visit Myanmar for a lengthier period in October
1995 as I have done in each of the past few years. I will
address this matter in greater detail in a future letter.
"Hoping that this would be acceptable to your Excellency's
Government, let me also restate my commitment to accord full
consideration of your Government's views and that, as such, I
am at your entire disposal to continue our dialogue about the
situation of human rights in Myanmar."
7. On 11 August 1995, the Special Rapporteur received a letter
from the Permanent Representative of Myanmar to the United
Nations Office at Geneva, in which he communicated his
Government's reservation to such a visit:
"I have the honour to refer to your letter of 19 July 1995,
addressed to His Excellency the Minister for Foreign Affairs
of the Union of Myanmar, expressing your desire to visit
Myanmar from 21 to 25 August 1995 in accordance with the
provisions contained in resolution 1995/72 of the Commission
on Human Rights.
"In this connection, I would like to inform you that the
authorities concerned in Yangon have responded that it would
be appropriate for you to journey to Myanmar at a later date
as had been the case on previous occasions.
"I trust that you understand and plan to undertake your
trip to Myanmar at a later date this year as originally
proposed by you."
8. On 14 August 1995, the Special Rapporteur addressed the
following letter to the Government of Myanmar, in which he
reiterated his wish to undertake a short visit to the Union of
Myanmar in the course of August:
"I have the honour to refer to a letter addressed to me on
11 August 1995 by your Permanent Representative in Geneva,
Ambassador U Aye, by which you communicated your Government's
reservation of my proposal to visit the Union of Myanmar
between 21 and 25 August 1995. As Special Rapporteur on the
situation of human rights in Myanmar, I would like to bring
your Government's attention on the necessity for me to visit
the Union of Myanmar during these specific dates.
"In the performance of my mandate, I have always
endeavoured to establish direct contact with the Government
and people of Myanmar. In this respect, I have never
underestimated the importance of my having direct access to
sources of information, including your Government's comments,
in order to allow me fully and reliably to discharge my
mandate in reporting to the States Members of the United
Nations concerning the situation of human rights in Myanmar.
"In the past years, my requests to meet with Daw Aung San
Suu Kyi were consistently denied, despite decisions of the
Commission on Human Rights urging the Myanmar Government to
cooperate fully. This year, following your Government's
decision to lift the restriction to which Daw Aung San Suu
Kyi has been subject since 1989, I believe that it is very
important to meet with her as soon as possible to discuss
topics pertaining to my mandate. Such a meeting is also
expected by the international community and a summary of the
discussions would therefore be published in my forthcoming
report to the General Assembly.
"In keeping with my commitment to endeavour to accord full
consideration to your Government's views on the substantive
issues raised in my mandate, including both general and
specific allegations of human rights violations by the
Government of Myanmar, this visit could also be a unique
opportunity for me to receive your Government's responses
and explanations to the allegations of human rights
violations received by me in the last year. These comments
will be brought directly to the attention of the General
Assembly during its forthcoming session.
"Keeping in mind the deadline for the submission of my
interim report to the General Assembly (September 1995), a
visit to Myanmar at the end of August may be the only
opportunity to provide the international community with an
accurate and comprehensive assessment of the situation of
economic, social, cultural, civil and political rights in
Myanmar. Indeed, this exceptional mission will strengthen
the accuracy and the actuality of my report to the General
Assembly.
"In view of the above, I would appreciate the cooperation
of your Government in reconsidering the dates proposed by
your Government for my visit to Myanmar and to allow me to
travel for five days as originally requested, i.e., 21 to 25
August 1995.
"In anticipation of receiving your Government's response to
this request at its earliest convenience, and hoping that it
may be positively considered, I remain, yours sincerely."
9. On 4 September 1995, observing that no reply was forthcoming
regarding the Special Rapporteur's proposal to visit Myanmar in
August, the Special Rapporteur addressed another letter to the
Government of Myanmar suggesting other dates for his visit:
"I have the honour to refer to Commission on Human Rights
resolution 1995/72 of 8 March 1995 by which my mandate as
Special Rapporteur on the situation of human rights in
Myanmar was extended for a fourth year. As you may be aware,
at its most recent session the Economic and Social Council
approved Commission resolution 1995/72 by its decision
1995/283 of 25 July 1995.
"In the performance of my mandate, I have always
endeavoured to establish direct contact with the Government
and people of Myanmar. In this respect, I have never
underestimated the importance of my having direct access to
sources of information, including your Government's comments,
in order to allow me fully and reliably to discharge my
mandate in reporting to the States Members of the United
Nations concerning the situation of human rights in Myanmar.
"This year, following your Government's decision to lift
the restriction to which Daw Aung San Suu Kyi has been
subject since 1989, I have requested in a letter addressed to
your Government on 19 July 1995 to undertake a short visit in
August to meet with her. In a letter addressed to me on 11
August 1995 by your Permanent Representative in Geneva,
Ambassador U Aye, you communicated your Government's
reservation of my original proposal to visit Myanmar between
21 and 25 August 1995. Instead, your Government expressed
its view that it would be more appropriate for me to postpone
my visit to a later date.
"Accordingly, I would be most grateful to continue
benefitting from the cooperation of your Excellency's
Government so that I may provide the Commission and the
General Assembly with an accurate and comprehensive
assessment of the situation of economic, social, cultural,
civil, and political rights in Myanmar in accordance with the
provisions contained in Commission on Human Rights resolution
1995/72. In this regard, and in keeping with my commitment
to endeavour to accord full consideration to your
Government's views on the substantive issues raised in my
mandate, including both general and specific allegations of
human rights violations by the Government of Myanmar, I
would wish to visit again your country. Specifically, and
keeping in mind the deadline for the submission of my report
to the Commission on Human Rights as well as your
Government's suggestion, I would hope that your Government
would agree to my visit at about the same time as it had
been the case during my previous visits; may I suggest from 8
to 17 October 1995.
"Hoping that this would be acceptable to your Excellency's
Government, let me also restate my commitment to accord full
consideration of your Government's views and that, as such, I
am at your entire disposal to continue our dialogue about the
situation of human rights in Myanmar."
10. On 28 September 1995, in a letter from the Permanent
Representative of Myanmar to the United Nations Office at
Geneva, the Special Rapporteur was informed that the proposed
dates for his visit had been tentatively agreed to.
11. Since the Special Rapporteur intends to visit Myanmar and
Thailand in October, it is not feasible to reach conclusions for
the present report on the many allegations on violations of human
rights that have been reported to him. It is hoped that
information gathered during the Special Rapporteur's visit, as
well as continued dialogue with the Government of Myanmar, will
facilitate conclusions to be included in the Special Rapporteur's
comprehensive report to the Commission on Human Rights at its
fifty-second session.
III. MEMORANDUM OF ALLEGATIONS TO THE GOVERNMENT OF MYANMAR
12. By a letter dated 5 September 1995 to the Minister for
Foreign Affairs of Myanmar, the Special Rapporteur transmitted
the following memorandum of allegations received by him of human
rights violations reported to have occurred in Myanmar:
"A. Summary or arbitrary execution
"1. As noted in his report to the Commission on Human Rights
at its fortyninth session (E/CN.4/1993/37), the Special
Rapporteur welcomed the fact that all death sentences had been
commuted to life imprisonment. This year the Special Rapporteur
received no information of an explicit or systematic government
policy encouraging summary killings.
"2. However, there continued to be credible reports of
instances of brutality sometimes resulting in the killing of
civilians by Myanmar military forces under a variety of
circumstances.
"3. In the minority-dominated areas where insurgencies have been
taking place, many of the allegedly killed were civilians who
were accused of either being insurgents or collaborating with
insurgents. The following are examples of allegations received:
"(a) A 25-year-old Mon labourer who escaped from portering
reported that, on 8 April 1995, soldiers belonging to Light
Infantry Battalion No. 403, while coming from the Three Pagodas
Pass, entered the Kayin village of Kamon and shot and killed four
Kayin villagers on suspicion of being Kayin soldiers;
"(b) On 3 May 1995, a villager from Bee T'Kaa village was
allegedly arrested and subsequently executed by soldiers
belonging to Battalion No. 230, under the command of Kyaw Myint
Taun, upon accusation of helping the Kayin National Liberation
Army.
"4. Other reports from non-governmental sources have described
cases of civilians who were allegedly executed when they resisted
becoming porters for the army or were beaten to death while being
used as porters. Two examples are as follows:
"(a) On 3 November 1994, a 25-year-old man was reportedly shot
when fleeing from troops belonging to Infantry Battalion Nos. 62
and 31, under the command of Captain Aye Min, coming to arrest
villagers for portering in Kawgo village, Mon state;
"(b) In March-April 1995, two porters, aged about 30 and 50
years respectively, were beaten to death by soldiers belonging
to Battalion No. 104 for requesting water after supplies had
been cut during a battle near Ka Neh Lay.
"5. The army is also reported to have executed civilians for
failure to provide services demanded. These may include labour,
food, money or arms. For example, at 8 p.m. on 11 September
1994, Local Infantry Battalion No. 33, Infantry Battalion No. 27,
Company 1 (Battalion Commander Chit Thaung, Second-in-Command
Zaw Myint and Company 1 Commander Captain Win Tint) reportedly
entered Kyaun See village in Mon state and opened fire on
villagers running away for fear of being conscripted as porters.
Three men (aged 18, 21 and 23 years respectively) were reportedly
arrested. At 4 a.m., on 12 September 1994, the 21-year-old man
was reportedly stabbed with a knife in the throat. It was
reported that the 23-year-old man's nose was cut off, and that he
was stabbed in the eyes and both ears. The 18-year-old man's
teeth and left arm were broken and the left side of his face was
cut with a knife. It was reported that the three men died in
custody.
"6. The Special Rapporteur would appreciate receiving
information describing any investigations into the above
allegations undertaken by the Government. Please detail any steps
taken internally by the military or by the civilian authorities,
legal or otherwise, to prevent or curtail the occurrence of
extra-judicial executions in contravention of article 3 of the
Universal Declaration of Human Rights and article 3 common to the
Four Geneva Conventions of 12 August 1949. Please indicate
whether any military personnel have been tried and sentenced,
dismissed from duty or otherwise sanctioned for their part in any
verified violations; whether the Code of Criminal Procedure
provides for sanctions for these violations, what remedies it may
provide for the relatives of the victims and if any such
petitions have been brought and to what effect.
"B. Arbitrary arrest and detention
"7. The Government of Myanmar continued to release political
prisoners in 1995, although the exact numbers could not be
verified. According to information provided by the Government of
Myanmar, 31 detainees were released from various jails on 15
March 1995 as a gesture honouring the Golden Jubilee Armed Forces
Day. The Special Rapporteur welcomed this decision and on 24
March 1995 addressed the following letter to the Minister for
Foreign Affairs of Myanmar:
'In my capacity as Special Rapporteur, I welcome the
decision taken by the Myanmar authorities to release, on 15
March 1995, 31 detainees from various centres of detention in
Myanmar. I am particularly pleased to note that among these
detainees were two prominent political party leaders from the
National League for Democracy (NLD), U Kyi Maung and U Tin
Oo, whom I met in Insein Prison during my two previous visits
to your country in 1993 and 1994.
'As Special Rapporteur, I believe that the release of these
persons is an encouraging step towards national
reconciliation and the democratization of Myanmar. In this
connection, I trust that their release is without condition.
I also hope that this recent decision will be followed in the
near future by the unconditional release of all other persons
who remain in detention on account of their opinions.'
"8. However, the Special Rapporteur has continued to receive
reports from reliable sources indicating that Myanmar citizens
(especially political party leaders) continue to be subject to
restrictions on their liberty, especially freedoms of expression
and association.
"9. According to several reliable sources, on 2 June 1995 the
Myanmar authorities again arrested U Kyi Maung, a retired Colonel
and leading spokesman for NLD, who had been freed on 15 March
1995 after having been imprisoned for about five years. It is
further reported that the Government of Myanmar released U Kyi
Maung on condition that he would not become involved in any
political activity or not contact journalists or foreign
diplomats. It was reported that U Kyi Maung had been placed in
detention shortly after he held talks with the British Ambassador
to Myanmar. According to information received, U Kyi Maung was
arrested with the following persons: U Tun Shwe (a former
diplomat), U Thu Wai (former Chairman of the opposition Democracy
Party, which no longer exists), Professor Than Hla (former Rector
of Yangon University), U Aye Maung (friend of Professor Than
Hla), U Chit Tun (former journalist for the Financial Times
(London) and United Press International (UPI)) and Ma Theingi
(former private secretary to Daw Aung San Suu Kyi). According to
information received by the Special Rapporteur, Ma Theingi was
released on 3 June, U Chit Tun was released shortly thereafter,
and U Kyi Maung and the others were released on 8 June 1995.
"10. In mid-June 1995, U Tun Shwe (a veteran politician), U Thu
Wai (former Chairman of the Democracy Party) and U Htwe Myint
(Vice-Chairman of the Democracy Party) were rearrested and taken
to Insein Prison where they are said to have been sentenced,
during a summary trial, to seven years' imprisonment. All three
had served prison terms of various duration in the past for their
non-violent political activity. The charges on which they were
convicted are not known, but it was reported that the three men
met regularly with resident foreigners.
"11. In addition to the above allegations, the Special Rapporteur
has received a list of 15 members of parliament (MPs) still
detained as of July 1995. They are:
U Ohn Kyaing, MP-elect for Mandalay South-east-2
U Tin Htut, MP-elect for Einme-1
U Win Hlaing, MP-elect for Tatkon-2
U Saw Naing Naing, MP-elect for Pazundaung, Yangon
U Tin Aung Aung, MP-elect for Manalay North-west-1
Dr. Zaw Myint Aung, MP-elect for Amarapura-1
Dr. Myint Aung, MP-elect for Latha
Dr. Zaw Myint, MP-elect for Henzada-2
U Mya Win, MP-elect for Ingapu-1
U Hla Than, MP-elect for Coco Islands
U Tin Soe, MP-elect for Kyauktada
U Saw Win, MP-elect for Htilin
U Hla Tun, MP-elect for Kyimyindine, Yangon
U Khin Maung Swe (released on 1 May 1992, rearrested in August
1994)
U Sein Hla Oo (released on 1 May 1992; rearrested in August
1994)
"12. With regard to political leaders deprived of their liberty,
the Special Rapporteur would appreciate the Government providing
a copy of the list of persons in detention and of those released
during the course of 1995, indicating which among these persons
were/are active members of political parties and those who stood
for the general elections of 1990.
"13. Allegedly because of the high level of intimidation
discouraging open political activity, detention for public
anti-government activities appears year after year to be less and
less frequent. Nevertheless, the Special Rapporteur continues to
receive allegations. For example, it has been alleged that on 20
February 1995, during a march celebrating the funeral of former
Prime Minister U Nu, around 50 young activists were arrested.
Among the group, the Special Rapporteur has received the names
of the following persons: Moe Kalayar Oo, Aye Aye Moe, Yi Yi Tun
and Cho Nwe Oo (all four being female students); Maung Maung Oo
(a male student who was allegedly badly beaten when he was
arrested by the military intelligence agents); Maung Maung Win
(also known as Mye-Latt); Moe Maung Maung; and Moe Myat Thu (who
is reportedly a student aged 26 who was a close associate of Daw
Aung San Suu Kyi). Moe Myat Thu was reportedly arrested on 20
July 1989 and spent three years in Insein Prison before being
released on 27 April 1992. It is alleged that he was badly beaten
when he was arrested by the military intelligence agents.
According to several sources, the above-mentioned persons may
have chanted slogans during the funeral, but did not engage in
any violent activity.
"14. Reports from various sources continue to describe how an
unknown number of civilians have been arrested as suspected
insurgents (or sympathizers thereto) and how they remain
detained in the countryside prisons, especially in the regions of
the country with predominantly non-Burman population. On 20 March
1995, the following persons were allegedly arrested at Tachilek:
Nang Han Ny from Murng Koo village; Ai Mon from Nuam Kham; I Yi,
along with two other unidentified men and two unidentified women.
In addition, information has been received concerning Ai Yi Long
and Ai Long, who were reportedly arrested on 3 April 1995. It is
reported that these persons are held at No. 24 Intelligence Camp
near Ba Suk Village, where Battalion No. 331 of the State Law and
Order Restoration Council's army is based. It is further reported
that all those arrested were injured upon arrest. It is alleged
that Ai Mon had one ear cut off in front of local people, that Ai
Yi had his nose cut and that Nang Han Ny was beaten on the body.
Ai Yi Lung and Ai Ling were said to be held at the local police
station under suspicion of involvement with the Mong Tai Army.
All those arrested are said to be civilians.
"15. The Special Rapporteur would appreciate the Government
providing information regarding the detained persons described
above, their places of detention, the formal charges lodged
against them, the judicial guarantees accorded them before,
during and after trial, the sentences received and whether these
persons are allowed regular visits by their families and legal
counsel. In addition, the Special Rapporteur would appreciate
being informed of all steps taken by the Myanmar authorities to
ensure the detained persons' rights to physical integrity.
"16. The Special Rapporteur welcomed with great satisfaction the
announcement, made on 10 July 1995, that restrictions on Daw Aung
San Suu Kyi had been lifted by the Government of Myanmar and that
she had been released. Following this announcement, the Special
Rapporteur addressed, on 11 July 1995, the following letter to
the Minister for Foreign Affairs of the Union of Myanmar:
'I have the honour to address you in my capacity as Special
Rapporteur on the situation of Human Rights in Myanmar,
appointed by the Chairman of the Commission on Human Rights,
pursuant to its resolution 1995/72.
'As Special Rapporteur, I welcome the announcement made
by Myanmar authorities, on 10 July 1995, to release Daw Aung
San Suu Kyi. In this connection, I trust that her release is
without condition and will enable her fully to enjoy her
liberty and personal freedom in accordance with international
human rights standards.
'As Special Rapporteur, I believe that this decision will
be very much welcomed and appreciated by the international
community and could well form a basis for constructive
dialogue and wider progress on the question of human rights
in Myanmar. I also believe that the release of Daw Aung San
Suu Kyi is a very positive and encouraging step towards
national reconciliation and democratization in Myanmar.
'On this occasion, I would also like to express the hope
that this recent decision will be followed in the near future
by the unconditional release of all other persons who remain
in detention on account of their opinions.'
"17. Since his appointment in 1992, the Special Rapporteur has
followed very closely the case of Daw Aung San Suu Kyi. In this
context, the Special Rapporteur has challenged the legal basis
for the persistence of the limitations on her rights to freedom
of movement, expression and other equally fundamental rights.
At the same time, the Special Rapporteur has requested the
Government of Myanmar to provide him with specific replies to
his inquiries. However, he remains unconvinced by the
Government's arguments in the responses provided. Therefore, in
each of his reports and statements to the General Assembly and
the Commission on Human Rights, he has recommended her release
immediately and unconditionally. Prior to being informed about
the announcement of her release, the Special Rapporteur
addressed, on 10 July 1995, the following letter to the Minister
for Foreign Affairs of Myanmar:
'I have the honour to address you in my capacity as Special
Rapporteur on the situation of human rights in Myanmar, appointed
by the Chairman of the Commission on Human Rights, pursuant to
its resolution 1995/72.
'In keeping with my commitment to endeavour to accord full
consideration to your Government's views on the substantive
issues raised in my mandate, including both general and
specific allegations of human rights violations by the
Government of Myanmar, I would appreciate receiving your
Government's response with regard to the ongoing detention of
Daw Aung San Suu Kyi.
'In a letter dated 5 October 1994, I requested your
Government to provide specific reasons, including reference
to precise legal authority, for keeping Daw Aung San Suu Kyi
under house arrest after 20 July 1994, and to indicate
exactly when the Government intends to release her.
'In a note verbale dated 4 November 1994, your Government
provided me with a detailed response concerning the specific
legal authority for keeping Daw Aung San Suu Kyi under house
arrest after 20 July 1994. According to the Myanmar
legislation, in the 1975 "Law to safeguard the State against
the dangers of those desiring to cause subversive acts", as
amended in August 1991, it is stipulated under section 10 (b)
that a person may be restrained for up to one year. The same
law further stipulates in sections 13 and 14 the possibility
to continue restraint for "a period not exceeding one year at
a time up to a total of five years".
'In the case of Daw Aung San Suu Kyi, your Government has
previously reported that she was restrained in her liberty
and effectively placed under house arrest on 20 July 1989 for
an initial period of one year according to section 10 (b) of
the above-mentioned law. According to section 14 of the said
law, the restraints on Daw Aung San Suu Kyi were continued
year by year for the maximum of five years as stipulated in
the law.
'In the light of the above, I understand that there will be
no legal basis under Myanmar legislation for restraining Daw
Aung San Suu Kyi after 20 July 1995, assuming her restraint
was "necessary" under section 13 of the above-mentioned Law.
If she is not released after this date, her detention would
evidently contravene applicable Myanmar law, irrespective of
any application of the minimum international standards
securing liberty of person, in particular those embodied in
the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights and the Body of
Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment.
'With due regard to my responsibilities, I appeal to your
Government to ensure her release immediately and
unconditionally. In my opinion, the release of Daw Aung San
Suu Kyi would also be a positive and encouraging step towards
national reconciliation and democratization in Myanmar.'
"18. The Special Rapporteur hopes that the decision to release
Daw Aung San Suu Kyi will enable her to enjoy her liberty and
personal freedom fully without any condition or restriction. In
this connection, the Special Rapporteur would like to be informed
if Daw Aung San Suu Kyi will be participating in the National
Convention which, according to information received, will
reconvene on 24 October 1995.
"19. The Special Rapporteur is concerned after the announcement
made on 16 June 1995 by the International Committee of the Red
Cross (ICRC) to withdraw from Myanmar because ICRC's standard
requirements for visits to places of detention (i.e., that it
meet prisoners in private, have access to all prisons and be
assured of repeated visits) were rejected by the Myanmar
authorities. The non-acceptance of ICRC's customary procedures
for visits to places of detention followed by this well-
recognized organization in all other countries where it conducts
such activities is a negative step towards amelioration of
conditions of detention in Myanmar, especially in so far as
several reports allege ill treatment to be common in Myanmar's
places of detention. Several sources indicate that political
prisoners are generally not given access to proper medical
treatment and are sometimes held in solitary confinement. In
this light, the Special Rapporteur would appreciate receiving an
indication from the Government of Myanmar as to whether it is
prepared to resume its dialogue with ICRC and to reach an
agreement with regard to the standards applied by ICRC for visits
to places of detention.
"C. Torture and cruel, inhuman or degrading treatment
"20. The Special Rapporteur has received numerous allegations,
often in considerable detail and from different sources,
describing civilians being subjected to torture or cruel, inhuman
or degrading treatment by forces of the Myanmar military. The
allegations include kickings and beatings with rifle butts or
canes on the head and other parts of the body, causing head
injuries, loss of teeth and/or broken bones. Other disturbing
reported methods include submerging victims into water for long
periods of time and pouring hot water over their bodies or into
their noses. In some cases, victims alleged that they had
suffered burns and the cutting of parts of their bodies (e.g.,
ears and tongue).
"21. According to reports received, torture and ill-treatment
would seem to be a means for the Myanmar authorities to punish
citizens who do not comply with their orders. It also seems to be
a common method to extract confessions from civilians suspected
of real or perceived anti-Government activities. The most
vulnerable populations are detainees, village headmen (who are
responsible to the authorities on behalf of their entire
villages), porters in the course of their duties and civilians
living in areas of insurgency. Women are said to be subjected to
sexual abuses. It has also been reported that some victims of
torture have to pay bribes to avoid such treatment.
"22. The following are some examples of the allegations received:
"(a) On 27 December 1994, Captain Htun Way from Battalion No.
376, Company 1, allegedly arrested a village headman in Plat Wa
township, Chin state. According to the source, the headman was
asked to provide information about persons having passed through
his village. He was tied up when he could not give the
information demanded. He was then repeatedly submerged into water
and subsequently punched, beaten with a rifle butt and kicked.
His nose and one rib were broken;
"(b) A former porter (aged 56) who served under Battalion No.
60 described how, on 8/9 February 1995, an officer from Battalion
No. 48 allegedly poured hot water over a group of five porters
at Baw Ser Ko for attempting to escape. According to the same
source, another officer beat their legs 'like he was minced
meat'. It was reported that the porters were also beaten around
their waists and faces, and some of them, as a consequence, lost
their teeth;
"(c) On 11 February 1995, two soldiers from Heavy Artillery
No. 264, one of whom was an officer, allegedly put a jacket
around a porter's neck and started pulling him along when he
could not carry any more. He was beaten and kicked and had his
walking stick broken over his back. He was abandoned on the road;
"(d) It was also reported that in the third week of December
1994, soldiers of Infantry Battalion No. 62 were ordered by
their commander to torture a 50-year-old man in Hlainkhani
village, Mon state, on suspicion of having let rebels stay on
his land. He was repeatedly immersed in a water pool and beaten
with rifle butts and combat boots;
"(e) On 1 January 1995, soldiers from Local Infantry Battalion
No. 410 allegedly abducted a group of women of varying ages from
Kaw Zar village, Mon state, and took them to Paukpinkwin village
in order to rape them;
"(f) On 21 February 1995, soldiers of Infantry Battalion No.
62, under the command of Major Ohn Myint, reportedly entered Pee
Setan village, Kayin state. A 52-year-old man was arrested and
had his wrists tied behind his back. Soldiers kicked his head
(causing head injuries) and chest and beat him with a stick.
They then walked on him and rolled bamboo up and down his shins.
His head was forced back, a thin piece of cloth was put on his
face, whereafter water was poured into his nose. His wife was
arrested when the soldiers took him back to his house. Her wrists
were tied behind her back and soldiers walked on her legs. Her
face was then covered with plastic and water was poured into her
nose. The wife was later released, but the husband was taken to
another village, where he was released the following day against
a ransom;
"(g) On 23 March 1995, at 2 a.m., troops from Local Infantry
Battalion No. 62 allegedly came to Kwankhabawe village, Mon
state, and arrested one woman and two men, accusing them of
supporting the Mon troops. Their heads were covered with plastic
bags, and water was poured over them. The torture went on for
about an hour, after which the three victims were tied up and
brought to Htonemine village, where another two villagers were
arrested and accused of having been in regular contact with the
Mon troops. These two villagers were subjected to the same form
of torture as those from Kwankhabawe, after which all of them
were taken to Klortsot village, where they were detained and
reportedly tortured for four days. The victims were released
against ransoms of 25,000 Kyats each;
"(h) On 22 August 1994, soldiers from Local Infantry Battalion
No. 408 reportedly arrested a 56-year-old man in Ah Lae Sa Khan
village, Ye Phyu township, and accused him of having contacts
with rebels and passing information to them. His ears were cut
off, nails were driven through his hands and legs and his tongue
was cut out. The victim died when nails were driven through the
crown of his head;
"(i) On 10 January 1995, at Manerplaw, Sergeant Toe Toe of
Local Infantry Battalion No. 205 allegedly beat and cut with his
bayonnet the flesh of the hands of a 24-year-old porter trying to
protect his friend who was too weak to porter. The friend, an
18-year-old man, was then executed by Sergeant Toe Toe, who
stabbed him with a bayonnet after having tied his mouth with a
cloth.
"23. The Special Rapporteur would appreciate the Government
providing responses to the above allegations and indicating what
steps have been undertaken to comply with the prohibition
against these practices as encompassed by article 5 of the
Universal Declaration of Human Rights, article 3 common to the
four Geneva Conventions of 1949, the Body of Principles for the
Protection of All Persons under Any Form of Detention or
Imprisonment (General Assembly resolution 43/173 of 9 December
1988), and the Declaration on the Protection of All Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (General Assembly resolution 3452 (XXX)
of 9 December 1975). The Special Rapporteur would also
appreciate being informed of any independent investigations that
may have been carried out in regard to these allegations, whether
any military or security personnel have been tried and
sentenced, dismissed from duty or otherwise disciplined for
their part in any established violation.
"D. Forced labour
"24. The Myanmar Government reportedly made extensive use of
various forms of forced, unpaid labour for a variety of
development projects aimed at building the infrastructure of the
country. Various sources have reported an especially extensive
use of forced labour in relation to several completed or ongoing
railway construction projects. Railway ines under present
construction are, reportedly: the Pakokku-Gangaw-Kalemyo-Tamu
Line, the Pakokku-Myaing-Gangaw-Kalay line and the Ye-Tavoy line.
People are allegedly not only forced to contribute their labour
to these and other projects, but also to contribute materials.
No compensation is said to be paid by the Government. For
example, in Zin Kalee area, it was reported that people were
asked to bring 24 tins of rice, 100-150 kyats in cash, pick-axes,
mattocks and hoes. Some people had to obtain these tools by
selling their clothing and other properties. It was further
reported that civilian trucks were conscripted and never paid
for, and all workers had to spend their own money for food and
transportation. The labourers also had to combine their
resources to pay for the rental of bulldozers. In addition, those
who were assigned to night-shift duty had to rely on their own
resources for electricity.
"25. The Myanmar Government has proclaimed 1996 as 'Visit
Myanmar Year'. Although this could be viewed as a general sign of
the opening up of the country, human rights concerns have been
expressed. Many of the measures that the Government has taken to
prepare the country for foreign tourists reportedly constitute
violations of human rights. Forced labour has allegedly been used
to restore some of the tourist sights (e.g., Mandalay Palace) and
to upgrade the infrastructure e.g., railways, roads and
airports). For example, it is alleged that people working for
'The Mong Kwan Electric Power Plant' (which is being constructed
approximately 10 miles south of Kengtung in Eastern Shan state)
are expected to contribute as many as 60 days labour for the
project throughout the year. It is further reported that they are
also expected to provide their own food.
"26. In connection with the recent conflicts between the Myanmar
Army and insurgent groups in Karen state, several sources have
reported an increase of forced portering for the military. The
Army has reportedly rounded up porters of all ethnic and
religious backgrounds from villages and towns as far south as Mon
state. The porters are said to have been taken from the streets,
trains, movie theatres and even from their homes. The reports on
portering allege physical abuse, appalling living conditions and
arbitrary killings of porters who are unable to perform their
tasks. For example, a former farmer from Grit Kote village, Pauk
Kong Township, Pegu division, who allegedly escaped from
portering, described how he had been arrested together with 10
other people from the same village by Local Infantry Battalion
No.66 on his way back from a video show. According to his
testimony, there were about 200 porters when they started moving
from Thaton, including 15 women. When they reached Papun, they
were ordered to carry food supplies (60 kilograms of rice
rations), munitions and artillery shells.
"27. The Special Rapporteur would appreciate receiving the
Government's response to the above allegations indicating what
measures have been taken to comply with the obligations under
International Labour Organization (ILO) Convention No. 29
prohibiting the practice of forced portering and other forced
labour and what rights of redress are available to victims of
such practices.
[END OF PART I]