A/HRC/10/19
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official explanation was that, since he had tried to run away from the military compound, he had
been shackled in prison. The authorities also recognized that some 30 to 40 prisoners were
shackled in Insein prison. According to article 33 of the Standard Minimum Rules for the
Treatment of Prisoners,1 instruments of restraint, such as handcuffs, chains, irons and
straitjackets, should never be applied as punishment, and chains and irons should not be used as
restraints.
20. None of the prisoners with whom the Special Rapporteur spoke had been represented in the
court by legal counsel. Many did not even know the definition of the word “lawyer”.
A. Situation of prisoners of conscience, the right to fair trial
and due process of law: conditions of detention
21. There are currently more than 2,100 prisoners of conscience in Myanmar. During the
period under review, a range of events related to prisoners of conscience.
22. On 23 September 2008, U Win Tin (whom the Special Rapporteur had met in Insein prison
in August 2008), Dr. May Win Myint, U Aung Soe Myint, U Khin Maung Swe, Win Htain,
Dr. Than Nyein and U Thein Naing were released. The Special Rapporteur publicly welcomed
this initiative by the Government of Myanmar and expressed hope that it would be the first in a
series of releases of other prisoners of conscience. It was reported, however, that Win Htain was
rearrested shortly after his release. The Special Rapporteur wrote to the Government on
26 September 2008 enquiring about the rearrest. The Government replied that Win Htain’s
release from prison had been an error.
23. From October to December 2008, some 400 prisoners of conscience were brought before
prison courts and given very harsh, long sentences. On 11 November 2008, 23 members of
the 88 Generation Students, including 5 women, were given terms of imprisonment of 65 years
by a court in Insein prison. The comedian Zarganar was sentenced to a total of 59 years, which
was reduced in February 2009 to 35 years. More than 25 people, including 5 monks, were
sentenced to 24 years of imprisonment. U Gambira, whom the Special Rapporteur had met in
Insein prison in August 2008, was sentenced to 68 years in prison; in December 2008, he was
transferred to Mandalay prison and, according to the latest information, transferred again in
January 2009 to Hkamti prison in Sagaing Division. In August 2008, the Special Rapporteur also
met with Su Su Nway, who was sentenced on 11 November 2008 to 12 years and 6 months.
Subsequently, she was transferred to Mandalay prison; on 18 November 2008, she was
transferred to Kale prison in Sagaing Division, some 680 miles north of Yangon. Owing to her
heart condition, she relied on medication brought by her family. The Special Rapporteur has
since learned that, on 20 February 2009, Yangon Division Court reduced Su Su Nway’s sentence
by four years.
24. The Special Rapporteur has been informed that the prosecutors during the
above-mentioned trials were all police sergeants. Police officers were called by the court as
witnesses. Prisoners of conscience were charged with unrelated offences, mainly under the
1
Economic and Social Council resolutions 663 C (XXIV) and 2076 (LXII).
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