A/HRC/8/12
page 9
29. The situation of Aung Saan Suu Kyi is an issue of critical concern for the
Special Rapporteur, since it compromises the fundamental human rights recognized by the
Universal Declaration of Human Rights. Articles 9, 10 and 11, which grant a number of rights to
arrested persons, and articles 19, 20 and 21, which protect the principle of political rights, are all
seriously affected in the case of Aung Saan Suu Kyi. In addition, given her responsibility as
NLD General Secretary, her arrest affects the political rights of many other members of the NLD
and of the people of Myanmar.
III. DEVELOPMENTS WITH REGARD TO THE EVENTS
OF AUGUST AND SEPTEMBER 2007
30. In its resolutions S-5/31 and 6/33, the Council called on the Government of Myanmar to
investigate and bring to justice perpetrators of human rights violations with regard to the
peaceful demonstrators of September 2007, and to release, without delay, those arrested and
detained as a result of the demonstrations and to ensure that the conditions of detention met
international standards and included the possibility of visiting any detainee.
31. The Special Rapporteur would like to provide more recent information brought to his
attention in relation to the situation covered in the previous report (A/HRC/7/24).
A. Arrests, detentions, trials and releases in connection
with the demonstrations of September 2007
32. In the previous report (A/HRC/7/24), the Special Rapporteur noted that 718 individuals
had been arrested between August 2007 and February 2008 and that they were reportedly still
detained at the time of finalization of the report. That figure included the 93 individuals
confirmed by the Government to be in detention during the Special Rapporteur’s mission to
Myanmar in November 2007. The Special Rapporteur has relied on information from various
sources and it is incumbent on the Government to provide confirmation in order for the
Special Rapporteur to present an accurate account. The Special Rapporteur has
received information relating to individuals reportedly arrested and/or in detention in
connection with the crackdown on the demonstrations of September 2007. These arrests
contravene articles 9, 10, 11, 19, 20 and 21 of the Universal Declaration of Human Rights.
33. Regarding the situation of some members of the 88 Generation Students group, the Special
Rapporteur has received information confirming that Khin Moe Ay, Aung Gyi (also known as
Moe Aung Soe), Myat Hsan, Zaw Min, Htun Htun Win and Win Maw are all still detained in
Insein prison. Kyaw Soe, Myo Yan Naung Thein and Win Maw are also still detained in Insein
prison and have reportedly been charged under section 5 (g) of the penal code. Mon Min Soe
(also known as Min Min Soe), included in the report as self-identified political activist, has also
reportedly been identified as a member of the 88 Generation Student group and is reportedly still
in Insein prison.
34. Regarding the situation of self-identified political activists, the Special Rapporteur is
pleased to report that, according to information received, Myint Naing, Dr. Aung Moe Nyo and
Htet Htet Aung have been released; however, Ye Thein (alias Ko Bo Naung) is reportedly still
detained in Sittwe prison, Arakan State. U Khin Hla was reportedly transferred from Thandwe
prison, Arakan State, on 8 February 2008, to Buthidaung prison, Arakan State, and charged
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