A/HRC/10/19
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case was on 28 December 2008 and concerned Htay Lwin Oo, 46, who was suffering from
tuberculosis in Mandalay prison. A teacher and member of the National League for Democracy
from Amarapura Township in Mandalay, he was arrested on 21 December 2003 and sentenced to
seven years of imprisonment under section 5 (J) of the Emergency Provisions Act. He was due
for release in December 2009.
37. The Special Rapporteur received reports regarding the situation of Zaw Naing Htwe,
according to which his life is in danger at the Four-Mile Labour Camp near Taungoo Town in
Pegu Division. It is said that he is shackled while being forced to perform hard labour by the
authorities. He is not being given enough food and water.
38. The Special Rapporteur reiterates his call for the termination of Daw Aung Sa Suu Kyi’s
detention under house arrest, which is in contravention of articles 9, 10 and 19 of the Universal
Declaration of Human Rights, according to which no one should be subjected to arbitrary arrest
or detention, everyone is entitled to a fair and public hearing by an independent and impartial
tribunal, and everyone has the right to freedom of opinion and expression. Moreover, according
to the 1975 State Protection Act, used to justify her detention, a person judged to be “a threat to
the sovereignty and security of the State and the peace of the people” can only be detained for up
to five years. The five-year limit has now passed. In his meeting with the Chief Justice, the
Special Rapporteur enquired about Aung Sa Suu Kyi’s legal case against her house arrest and
conditions of detention, which was submitted to the authorities on 8 October. The response to the
enquiry was that, since the detention was an administrative order, the legal case had not been
sent to the Supreme Court. Furthermore, the Deputy Attorney General asserted that she was
under “quasi-judicial” detention. Subsequently, the Special Rapporteur raised the issue with the
Minister for Home Affairs, who explained that the case had been received by the Prime Minister,
who had instructed both the Chief Justice and Ministry of Home Affairs to look into the matter.
The Special Rapporteur calls for an urgent, impartial and independent review of this case.
39. The Special Rapporteur regrets that, despite his request, he could not meet with any of the
leaders of political parties (including Daw Aung Sa Suu Kyi, Min Ko Naing, leader of the
88 Generation Students, Hkun Htun Oo, leader of the Shan Nationalities League for Democracy,
and U Myint Aye, leader of Human Rights Defenders and Promoters Group) because they were
all either under house arrest or in remote prisons. Hkun Htun Oo was sentenced to 93 years of
imprisonment in November 2005. He is in Puta-O prison in Kachin State, where conditions are
said to be very harsh, especially for him since he suffers from diabetes, high blood pressure and
prostate problems. Min Ko Naing was sentenced to 65 years of imprisonment in November 2008
and, according to the latest information, is in Keng Tung prison in Shan State, where he is
reported to be in solitary confinement and suffering from severe eye problems. U Myint Aye was
transferred from Insein prison to Loikaw prison in Kayah State on 16 December 2008. On
28 November 2008, he was convicted under the Explosives Act, the Immigration Act and the
Unlawful Association Act, and received a life sentence and eight years.
40. In order for the seven-step road map to democracy to comply with international standards
and the requirements of a democratic society, the leaders of these political parties and other
prisoners of conscience should be released to participate freely in the completion of the road
map.
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