A/HRC/10/19
page 11
41. On 21 February 2009, the Government released some 6,313 prisoners,
including 29 prisoners of conscience. The release, although welcome, lacks proportionality when
compared with the total number of prisoners of conscience, of whom there are more than 2,100.
42. The Special Rapporteur draws the attention of the Myanmar authorities to the existence of
a body of internationally accepted standards and principles in the area of human rights in the
administration of justice, including the treatment of prisoners, the role of lawyers, the role of
prosecutors, the independence of the judiciary and the conduct of law enforcement officials,
which must guide the authorities to ensure free trials and due process of law. He underlines the
necessity of legal reform to review legislation and procedures to ensure conformity with human
rights standards and respect for the basic principles of the presumption of innocence, due process
of the law and the independence of the judiciary.
43. The State has the responsibility of ensuring the protection and proper treatment of persons
in detention, including by providing adequate food and medical care in accordance with
universally accepted standards and the principles contained in international human rights
instruments, such as the Universal Declaration of Human Rights, the Standard Minimum Rules
for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners, the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Principles of Medical Ethics relevant to
the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and
Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
44. The Special Rapporteur notes the importance of financial support provided by the
International Committee of the Red Cross (ICRC) to families to visit their detained relatives. He
invites the authorities to re-engage with ICRC and allow it to conduct prison visits, which have
been suspended since December 2005, in accordance with its established mandate.
45. The Special Rapporteur commends the Government for the moratorium on the use of the
death penalty, in place since 1998.
B. Freedom of expression, assembly and association
and the road towards the elections of 2010
46. Freedom of opinion and expression, as well as of assembly and association, are essential
elements for the achievement of the road map to 2010 and are enshrined in the new Constitution
of Myanmar. Paragraph 8 of the preamble provides for justice, liberty and equality.
Paragraph (d) of article 6 declares that the basic principles of the State are the flourishing of a
genuine, disciplined multiparty democratic system. Paragraphs (a) and (b) of article 406 state
that a political party should have the right to organize freely and to participate and compete in
elections. Lastly, article 354 states that every citizen should be at liberty to express and publish
their convictions and opinions freely, to assemble peacefully without arms and to form
associations and organizations. Nonetheless, some 16 journalists and bloggers are currently in
prison.
47. In its resolution 63/245, the General Assembly expressed its grave concern about the
continuing imposition of severe restrictions on the exercise of fundamental freedoms, notably the
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