A/HRC/13/48 serving 65-year sentences far from their homes. Prisoners of conscience like these who believe in peaceful national reconciliation and democratic changes must be released to play a legitimate and important role in the upcoming elections. 56. On 3 August 2009, the Special Rapporteur, along with the Special Rapporteur on the situation of human rights defenders and the Chairperson for the Working Group on Arbitrary Detention, wrote an urgent appeal regarding the arrest and detention of 27 members of the National League for Democracy. Three other members of the League were arrested around the same time, but later released. The Government responded on 29 November that these members were attempting to create unrest and were questioned by the police and released on the same day. In section 151 of the Code of Criminal Procedure, it is provided that a police officer has the right to arrest any person who intends to commit a crime without an order and warrant issued by a criminal judge if it appears to the police officer that there is no other way to prevent the crime. D. The Constitution and transition to democracy 57. The Special Rapporteur has previously noted the problem of impunity in Myanmar, and he has called for prompt measures to establish accountability and responsibility with regard to widespread and systematic human rights abuses. The Constitution contains one article in chapter XIV on transitory provisions which could be seen to enshrine impunity through permanent amnesties for crimes committed by military leaders and civilian personnel and requires clarification. Article 445 states that “no proceeding shall be instituted against the said Councils [State Law and Order Restoration Council and the State Peace and Development Council] or any member thereof or any member of the Government, in respect of any act done in the execution of their respective duties”. 58. Article 352 states that “the Union shall, upon specified qualifications being fulfilled, in appointing or assigning duties to civil service personnel, not discriminate for or against any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, and sex. However, nothing in this Section shall prevent appointment of men to the positions that are suitable for men only”. The Committee on the Elimination of Discrimination against Women in reviewing the periodic report submitted by Myanmar in November 2008 expressed concern that this and other provisions in the new Constitution may be incompatible with the Convention. 59. The provisions in the Constitution are currently confined to citizens, and the very restricted requirement of having both parents as nationals of the country for citizenship will render some people stateless. It is estimated that there are over 723,000 people without citizenship in Myanmar. 60. The Special Rapporteur notes that it is important to recognize that under international human rights law, some fundamental rights are non-derogable and that the derogation of certain rights in case of declared emergencies is clearly defined. In addition, he wishes to reiterate the principles he has outlined with regard to restrictions on the enjoyment of human rights. They shall (a) be defined by law, (b) be imposed for one or more specific legitimate purposes, and (c) be necessary for one or more of these purposes in a democratic society, including proportionality. Any limitation which does not follow these requirements and jeopardizes the essence of the right with vague, broad and/or sweeping formulas, would contravene the principles of legality and international human rights law. 12 GE.10-11915