A/HRC/17/9 51. Those referred to as "political prisoners" and "prisoners of conscience" are in prison because they had breached the prevailing laws and not because of their political beliefs. 52. Torture is a grave crime and the Constitution prohibits torture or cruel, inhumane or degrading treatment. 53. Myanmar is implementing the United Nations Standard Minimum Rules for the Treatment of Prisoners. Physicians and nurses are stationed in prisons and specialists from general hospitals are available. Family visits are also allowed. 54. Although there is no memorandum of understanding between the International Committee of the Red Cross (ICRC) and the Government, from 1999 to 2005, ICRC made 406 visits to prisons and camps. Thereafter, it stopped prison visits of its own volition. However, after Cyclone Nargis in 2008, ICRC made 16 visits. 55. Myanmar has an established practice of granting amnesty. Since 1989, 114,803 prisoners were granted amnesty including those requested by the United Nations, the United Nations Educational, Scientific and Cultural Organization (UNESCO) and ILO. 56. The Ministry of Information takes preventive action with regard to the media only if they report, print or publish contents inciting hatred among individuals, communities, ethnic or religious groups, or seriously impair the intellectual, mental, moral or physical development of minors. The Constitution guarantees that all citizens shall enjoy fundamental rights. 57. Since the Government adopted a Thirty-Year Long-Term Education Development Plan in 2001-2002, there has been a significant improvement in enrolment and attendance. The dropout rate has also been reduced. 58. Corporal punishment and humiliating punishment are strictly prohibited in schools in Myanmar. The Myanmar language is the medium of teaching in all schools. However, the use of ethnic languages in school and work place is freely allowed. Teachers in various ethnic nationality areas are allowed to supplement teaching in their own language. 59. Ireland expressed concern about reports of widespread and systematic human rights violations by the military, the police and the Nasaka border force; the denial of ethnic minorities’ fundamental human rights, particularly with regard to the Rohingya; and serious issues regarding prisoners’ welfare. It expressed concern over the lack of an independent judiciary, weak rule of law and impunity. It called for the immediate halting of human rights violations, ending of impunity, ending of discrimination against ethnic minorities and immediate release of political prisoners. It made recommendations. 60. Austria referred to the concerns of various United Nations human rights bodies, including excessive use of force by security forces, enforced disappearances, torture, the persecution of political activists and discrimination against ethnic minorities. It expressed concern about Aung San Suu Kyi’s exclusion from the elections. It made recommendations. 61. Belgium regretted that, despite the de facto moratorium, courts continue to impose the death penalty and requested information about its abolition. Belgium welcomed Aung San Suu Kyi’s release but remained concerned about the 2,200 prisoners detained without trial and subject to violence. Belgium mentioned that it was impossible for the Rohingyas to claim citizenship. It made recommendations. 62. Cuba noted Myanmar’s colonial past and rich ethnic diversity and highlighted its work in favour of reconciliation and national unity. It noted advancements in the field of human rights such as urban and rural development plans, an increase in spending in the health sector, and programmes and projects to reach the Millennium Development Goals (MDGs). It made recommendations. 8

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