A/HRC/13/48
with universally accepted standards and the principles contained in international human
rights instruments.
28.
According to media reports six prisoners died in Insein Prison in Yangon during the
week of 28 October – 4 November 2009. According to reliable sources they are: U Win
Aung, former Foreign Minister U Win Aung, Ma Thida Soe from Pazuntaung, Mayanthee
from Mingaladon, Ko Phyo, Myint Wei and Pho Si.
29.
The Special Rapporteur wishes to remind the Government of Myanmar that the State
has the responsibility to ensure adequate budget allocation to prisons to ensure proper
health facilities and conditions.
30.
On 23 December 2009 Tin Tin Htwe Ma Pae, aged 38, died in Insein Prison from a
burst aneurysm. She was sentenced along with 14 other political activists because of their
involvement in the 2007 demonstrations on 24 November 2007, under sections 332
(hindering a public servant from carrying out their duty) and 294 (covering obscene acts
and songs in public), to three years and three months with hard labour. She is the third
prisoner of conscience to die in prison in 2009.
31.
International standards require that an inquiry into the cause of death be held by a
judicial or other authority and that the findings of such inquiry be made available upon
request. The authorities must ensure that each death in detention is fully investigated, that
causes for deaths identified, that families are informed in timely fashion, that lessons are
learned and that accountability is clearly established. The Special Rapporteur urges the
Government to investigate all deaths of those in detention.
32.
On 29 September 2009, the Special Rapporteur on the human rights situation in
Myanmar, along with the Special Rapporteur on the question of torture and the Chairperson
of the Working Group on Arbitrary Detention, wrote to the Government regarding the case
of Kyaw Zaw Lwin (a.k.a. Nyi Nyi Aung). On 3 September, Kyaw Zaw Lwin was arrested
and taken to Insein Prison in Yangon. During his interrogation, he was subject to illtreatment. On 16 December, the same group sent a follow-up letter to the Government. He
was originally accused of entering the country with the intention to prompt unrest in the
nation. The Government of Myanmar replied on 8 February 2010 that Kyaw Zaw Lwin was
found guilty of forging a national identity card, failing to declare currency at customs, and
failing to renounce his Myanmar citizenship, and he was sentenced to five years in prison.
33.
Of serious concern to the Special Rapporteur are reports that prisoners of conscience
are subject to torture during the interrogation period and in detention. According to
testimonies from prisoners of conscience who were released, there are systematic patterns
of abuse and torture of detainees. Various forms of physical, psychological and sexual
abuse by officials have been detailed in reports. Deliberately poor prison conditions
combined with purposeful medical negligence cause extreme suffering of prisoners.
34.
The Special Rapporteur would like to stress the importance of the need for human
rights training for the military and prison staff to ensure their awareness of and compliance
with international standards and rules for the treatment of prisoners. This is part of one of
the four core human rights elements. During his meeting with the Chief of Police, the
Special Rapporteur was told that the Government has started a training programme on
human rights for new recruits at the township level. The Special Rapporteur did not receive
substantive details about the training programmes and would welcome more information
from the authorities.
8
GE.10-11915
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