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
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