A/HRC/25/64 10. During his latest visit, the Special Rapporteur noted some positive steps towards tackling the practice of torture, including, as reported by the Minister of Home Affairs, the use of closed-circuit television (CCTV) cameras in all city police stations. He was informed by the Chief Justice that district and high court judges were now utilizing their powers under the new Judiciary Act to conduct prison inspections and sending recommendations to the Cabinet. He also notes the Government’s continuing good cooperation with the International Committee of the Red Cross following the resumption of prison visits in January 2013. 11. On 2 January 2014, the President issued an order which commuted all death sentences to life imprisonment. The Special Rapporteur commends this move and recommends the abolition of the death penalty in Myanmar. C. Freedom of opinion and expression 12. The Special Rapporteur notes the remarks made in December 2013 by the President, Thein Sein, that Myanmar would have an open and free society only if the ongoing political reforms continued.4 Since 2011, Myanmar has enjoyed a significant opening of space for people to exercise their right to freedom of opinion and expression. This has been seen in particular with the development of greater press freedom, which constitutes one of the cornerstones of a democratic society. 13. However, the Special Rapporteur highlights that there is a long way to go before Myanmar has a free, uncensored and unhindered press. During his latest visit, journalists described the prevailing climate of uncertainty, intimidation and fear of arrest, particularly if reporting dealt with issues too close to the interests of the military or other powerful elites. The Special Rapporteur underlines that this uncertainty is linked to the absence of the rule of law in Myanmar, in particular in the sense that the law is not accessible, intelligible, clear or predictable; the laws of the land do not apply equally to all; and the laws do not afford adequate protection to fundamental human rights, including freedom of opinion and expression. 14. On 17 December 2013, Daily Eleven reporter Ma Khaing, who was pursuing a story on corruption, was sentenced to three months in prison by a court in the Kayah State capital Loikaw (three months for trespassing, one month for defamation and one month for abusive language, to be served concurrently). In February 2014, an ethnic Rohingya Member of Parliament, Shwe Maung, was questioned over comments he reportedly made to the Democratic Voice of Burma news agency alleging police involvement in a fire that occurred in Maungdaw. Also in February, four journalists and the Chief Executive Officer of the Unity newspaper were arrested in connection with a report dated 25 January alleging the existence of a government chemical weapons factory in Magway Region and charged under article 3 (1) (a) of the 1923 State Secrets Act. 15. The Special Rapporteur highlights that extreme care must be taken by States to ensure that laws relating to national security are applied in a manner that conforms to international human rights standards. For instance, laws should not be invoked to suppress or withhold information of legitimate public interest that does not harm national security, or be used to prosecute journalists or others for having disseminated such information. Furthermore, when a State invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of 4 See www.myanmargeneva.org/pressrelease/radio%20speech%201%20dec.pdf. 5