A/HRC/7/24
page 6
11. The reports received indicate that there is an ongoing trend to arrest individuals who have
any relation with the organization of the peaceful demonstrations in September or who were
allegedly attempting to provide testimonies or visual information regarding the crackdown. A
number of detainees have reportedly been under trial and received sentences for their
involvement in the demonstrations.
12. It has been reported that State surveillance of monks and monasteries continued during the
period under review. Since his mission in November 2007, the Special Rapporteur has gathered
the direct testimonies of 23 monks who participated in the demonstrations. Asked for the
motivation of their engagement in the demonstrations, all stated that the reason for their
engagement was the harsh conditions imposed by the Government on the people and the
worsening standards of living. These reasons were reflected in the Special Rapporteur’s report
(A/HRC/6/14). The monks indicated that the economic situation was also squeezing their already
scarce resources for social assistance, which has been seen traditionally as a social safety net for
many people in the country. On 29 November, the Special Rapporteur received information
concerning the closing of a number of monasteries, including the Maggin monastery in Yangon,
which had traditionally offered assistance to HIV/AIDS patients. The shutting down of
monasteries was allegedly related to their alleged support for the demonstrations in September
by senior abbots. In other major cities such as Mandalay, monasteries were surrounded by the
security forces.
13. On 4 December, the Special Rapporteur transmitted a letter to the Government containing
three lists of people allegedly detained, killed or disappeared and requested information on their
cases. The Special Rapporteur regrets that he did not receive any information from the
Government concerning these cases.
A. Releases, ongoing arrests and detentions
14. According to international human rights law, arrests and detentions must be carried out in
compliance with formal and substantive rules of domestic and international law, including the
principle of non-discrimination. Under the Universal Declaration of Human Rights, such arrests
must not be arbitrary and may only be carried out by legally authorized persons. Moreover, a
detainee’s rights, including the right to be informed of the charges against him or her, to have
access to legal counsel and medical care, to have his or her family informed of his or her
whereabouts, and to have his or her arrest subjected to prompt judicial review, cannot be waived
simply by renaming the arrest and detention an “investigation”. Furthermore, principle 2 of the
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment states that “arrest, detention or imprisonment shall only be carried out strictly in
accordance with the provisions of the law and by competent officials or persons authorized for
that purpose”.
15. During the Special Rapporteur’s mission in November 2007, the Government confirmed
the detention of 93 individuals. On 4 December, the Special Rapporteur submitted a list of an
additional 653 individuals who were believed to be still in detention at that time. The Special
Rapporteur did not receive any response from the Government on the status of those reported
detained, however, he did receive information from non-governmental sources regarding the
release of some 100 people who had been arrested in connection with the demonstrations. The
Special Rapporteur acknowledges the difficulties in keeping track of the releases due to the lack
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