A/HRC/25/64
laws remain on the books and new prosecutions are taking place under them, and urges the
Government to expedite their abolition/amendment.
6.
The Special Rapporteur commends the work of the prisoner review committee set up
in February 2013 to identify remaining prisoners of conscience. He recommends that the
Government continue to convene meetings of that committee and, furthermore, upgrade the
status of the committee to enable it to investigate suspected cases of prisoners of
conscience, including in Rakhine State, which entails access to prisons and the authority to
question relevant state officials.
7.
Referring to the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, the Special Rapporteur highlights the
obligations of the State to former prisoners of conscience, which include equal and
effective access to justice; adequate, effective and prompt reparation for harm suffered; and
access to relevant information concerning violations and reparation mechanisms.
Reparations involve restitution, including restoration of the enjoyment of human rights and
of employment; compensation, including for economically assessable damage;
rehabilitation, including medical and psychological care as well as legal and social services;
satisfaction, including public disclosure of the truth, the restoration of the dignity,
reputation and rights of the victim and a public apology; and guarantees of non-repetition,
including ensuring effective civilian control of military and security forces and
strengthening the independence of the judiciary. The Special Rapporteur is concerned that
former prisoners of conscience are required to declare criminal records when applying for
jobs, education or vocational training. This has a detrimental effect on their right to work
and their access to education. Other difficulties faced on release included access to
passports.
B.
Conditions of detention and treatment of prisoners
8.
The Special Rapporteur remains concerned about the ongoing practice of torture in
places of detention in Myanmar and the absence of accountability. He recently wrote to the
Government regarding the emblematic cases of Myo Myint Swe and Than Htun; the
Government has provided formal replies.3 During his latest visit, the Special Rapporteur
met with the family of Than Htun. Despite the extensive evidence to support the allegation
that the police tortured Than Htun to death while he was in police custody, township and
district level courts have refused to let the family file a criminal case against the police. The
Special Rapporteur has also continued to receive allegations from Kachin State and
northern Shan State that the military are arbitrarily detaining and torturing, during
interrogation, young men suspected of belonging to ethnic armed groups.
9.
Currently, prompt, effective and impartial investigations into allegations of torture
against police and military personnel do not take place in Myanmar. For instance, no action
has been taken on the Special Rapporteur’s previous recommendation (A/68/397, para. 91
(i)) for an investigation into allegations of torture in Buthidaung prison. Furthermore,
military and police personnel who are found to be responsible for committing acts of torture
are not being transparently held to account through the criminal justice system and
punished in a manner commensurate with the gravity of the offence. In the case of Myo
Myint Swe, the responsible police personnel were subjected only to internal disciplinary
measures, involving transfers, dismissals and reduction of police service.
3
4
See A/HRC/23/51, p. 10, and A/HRC/25/74, p. 46.
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