A/HRC/7/24
page 10
32. Thi Ha, a political and human rights activist and member of NLD and the Human Rights
Defenders and Promoters, has been reportedly convicted to 22 years of imprisonment. It is
reported that he was arrested on 8 September for possession of political leaflets containing
messages such as “It’s time to get back on track” and “where there are students, there are student
unions”. He was charged with sedition and incitement to offences against public peace under
sections 124 (a) and 505 (b) of the Penal Code.
33. The human rights defenders Thet Oo, Zaw Tun (Htun) and (Ko) Shwe Pain (alias
Htay Naing Linn), arrested on 15 September and 19 October respectively, were charged under
Penal Code section 505/B and sentenced to two years of imprisonment. Sources state that
Thet Oo was not brought to court; a judge is said to have come to Prome prison, where he issued
the verdict. It is reported that the civilians Ya Zar, Zaw Kyi and Shwe Thwe, arrested in
September 2007, were charged under the Penal Code and sentenced to two years of
imprisonment for providing water to the monks during the demonstration. A 33-year-old male
civilian, Aung Naing Soe, was arrested in October 2007 and was sentenced to three years and
nine months, and is reportedly, in solitary confinement in Thandwe prison.
34. Monks have also been sentenced to up to seven years of imprisonment. U Einthariya and
U Wannathiri were arrested on 29 September, charged under Penal Code sections 143, 505/B
and 295 and sentenced to seven years and six months of imprisonment, and two years,
respectively. U Wikarmala (Kow Mala), arrested on 14 October 2007, was charged under Penal
Code, sections 143 and 295/A and sentenced to two years and six months of imprisonment.
According to sources, all three monks are in prisons in Rakhine State. The monk U Pannita (alias
U Myint Ye) has been charged under the Penal Code and sentenced to two years of
imprisonment without having been brought to court; the verdict was delivered by a judge in
Prome prison where the monk was being detained.
IV. INVESTIGATIONS OF KILLINGS AS A RESULT OF THE
CRACKDOWN ON DEMONSTRATIONS:
ACCOUNTABILITY FOR EXCESSIVE USE OF FORCE
35. During his visit to the country and following his discussions with various authorities in
Yangon who had provided him with material evidence regarding 15 individuals who had been
killed, in December, the Special Rapporteur informed the authorities that he had received reliable
information regarding 16 additional individuals who had been allegedly killed during the
crackdown on the demonstrations in September.
36. The Special Rapporteur requested information from the Government regarding the
investigations into the cause of death of the above-mentioned individuals and the responsibilities
within the security forces, in the light of article 3 of the Code of Conduct for Law Enforcement
Officials and its commentary. In his report (A/HRC/6/14), the Special Rapporteur also noted that
he had received allegations of other people killed who had allegedly been taken to the
Ye Way crematorium in Yangon and burnt during the night between 4 and 8 a.m from 27
to 30 September 2007.
37. The Special Rapporteur regrets that he has not received any concrete information regarding
the investigation nor clarification of the responsibilities of any official or security branch
involved in the killing of the 15 individuals acknowledged by the authorities as casualties from
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