A/HRC/28/72 Procession, including U Sein Than, who was arrested immediately after the Special Rapporteur’s previous visit, on his way to the United Nations office to deliver additional documents for transmission to her concerning allegations of land grabbing from the Michaungkan community.8 U Sein Than was sentenced, under article 18 of the Law, to a total of two years in jail by five different township courts in Yangon for protesting without permission, and was also convicted under the Yangon Municipal Act, reportedly in relation to obstructing the sidewalk. His daughter, Nae Nwe Than, and four others were also charged under article 18 for protesting without permission outside one of U Sein Than’s court hearings. 18. The Special Rapporteur also highlights the case of Ko Wai Lu, who has been held in pretrial detention in Insein prison since 18 December 2014 following charges under article 505 (b) of the Penal Code in relation to his support for the Michaungkan community’s protests. In addition, on 18 February 2015, 14 members of the Michaungkan community were sentenced to six months’ imprisonment under article 18 of the Law on the Right to Peaceful Assembly and Peaceful Procession and articles 142 (unlawful assembly) and 341 (wrongful restraint) of the Penal Code. All 14 are detained in Insein prison, and all are planning to appeal their convictions. 19. The Special Rapporteur commends the openness of the Myanmar Police Force to developing its capacity to protect the rights to freedom of assembly, association and expression through improving its policing of public assemblies in line with international standards, including through its work with the European Union and the Office of the United Nations High Commissioner for Human Rights. However, the Special Rapporteur remains concerned about reports of excessive use of force by the Myanmar police in managing protests. In the most recent case brought to her attention, on 22 December 2014, police using live ammunition reportedly fired at protestors at the Letpadaung copper mine, fatally shooting Daw Khin Win and injuring several others. The Special Rapporteur emphasizes that international standards require that force employed in crowd management situations should be proportional and the minimum necessary to achieve a legitimate policing objective.9 Intentional lethal force is permitted only when strictly unavoidable in order to protect life. Particular attention needs to be paid to command responsibility and accountability in the management of assemblies. The Special Rapporteur was informed of the numerous challenges that the police face in controlling demonstrations, particularly if the assembly turns violent. She reiterates the need to review national legislation, policies and strategies and undertake comprehensive and ongoing training for law enforcement personnel to ensure they meet international human rights standards in the management of public assemblies. 20. The Special Rapporteur was heartened to hear of the release of Dr. Tun Aung from Insein prison while serving a 17-year sentence for alleged involvement in the violence between Buddhists and Muslims in Rakhine State in June 2012. In addition, the release of Kyaw Hla Aung on 17 October 2014 following a presidential pardon is also welcomed. However, the Special Rapporteur understands that their releases are conditional and calls on the Government to lift all restrictions still placed on them. 8 9 The Michaungkan community had been staging a peaceful sit-in protest near the City Hall in Yangon since March 2014 regarding the alleged confiscation of their land by the military in the early 1990s. The Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; article 3 of the Code of Conduct and principle 9 of the Basic Principles reflect binding international law. See the interim report of the Special Rapporteur on extrajudicial, summary or arbitrary executions to the General Assembly (A/61/311), para. 35. 7