A/HRC/7/24
page 9
26. The arrests ongoing since September have reportedly not been carried out in accordance
with the Criminal Procedure. A number of people were reportedly arrested without warrant and
detained in unknown locations, in various interrogation centres. After interrogation, some were
released without charges, while others were sent to Insein prison in Yangon. In the prison, the
detainees were reportedly informed of the charges against them under various provisions of the
Criminal Code. While most of the detainees were reportedly charged under Penal Code
section 505/B for making, publishing or circulating statements, rumours or reports “with intent to
cause, or which was likely to cause fear or alarm in the public” other laws, such as the Printer
and Publisher Act, Emergency Provision Act and the Unlawful Association Act, were also cited.
27. The Special Rapporteur was informed that the police could detain suspects for a period of
up to 24 hours, after which they were required to take the case to court and provide grounds for
detention. The judge may issue remand order of a maximum of 14 days for the police to continue
investigations, if required. After the 14-day period, the police must bring the suspect to court
again and obtain another 14-day remand to construct the case completely. After 28 days, the
police must take the case to court. If the police in their investigations have not found any
evidence against the suspect, the suspect must be released, in accordance with Criminal
Procedure section 6.
28. At the time of finalization of the present report, 145 detainees had allegedly been charged
under various laws, while others were being unlawfully detained. According to the reports
received, 40 detainees had been sentenced to 2 to 22 years of imprisonment. Reportedly, many
detainees were not brought before the court; in other cases, judicial authorities delivered the
orders or judgements to the prison. In a large number of cases, detainees reportedly did not have
legal representation.
29. It is reported that Ye Myat Hein, a 17-year-old student, has been charged but never been
brought before the court. He does not have access to a lawyer and cannot receive visits from his
family. Another student, Sithu Maung (alias Ya pyeit) has not been brought before the court. The
monks U kaw Vi da and Zaw Thi la were also not brought before the court and were charged
under the Penal Code. Reportedly, Aung Min Naing was arrested on 23 October and his lawyer
was not allowed to be present at the court hearing. In some cases, the detainees face trial in the
Insein prison special court, which is situated inside the prison and is not an open court.
According to sources, even family members and sometimes lawyers are not allowed access to
this court.
30. The 88 Generation student group members Min Ze Ya, Paw U Tun (alias Min Ko Naing),
Ko Ko Gyi, Pyone Cho (alias Htay Win Aung), Aung Thu, Kyaw Kyaw Htwe (alias Marky),
Kyaw Min Yu (alias Jimmy), Mya Aye (alias Thu Ya) and Yin Htoo Aung, all arrested
following the demonstrations, have been reportedly charged under section 17/20 of the Printers
and Publishers Registration Act. A total of 33 monks, including the leader U Gambira, have been
reportedly charged under the Penal Code, the Emergency Provision Act and the Unlawful
Association Act.
31. The NLD members U Ba Myint, Kaw Maung, U Pe Sein, Aye Cho, Min Aung,
U Nay Win, U Khin Hla and Thi Ha, arrested between September and October, were charged
under the Penal Code and convicted to 2 to 22 years of imprisonment.
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