A/HRC/19/67
28.
The Special Rapporteur is also concerned that prisoners of conscience remain in
detention. During his mission, he met with three prisoners of conscience in Insein prison
(Aung Naing, Naing Yekha and Phyo Wai Aung), one of whom (Phyo Wai Aung) he had
previously met during his fourth mission (21 to 25 August 2011).1 He received information
on prisoners held in Insein prison and in other prisons throughout the country, including the
Director of the Human Rights Defenders and Promoters Organization, U Myint Aye. He
therefore reiterates his view that the Government should release all remaining prisoners of
conscience without conditions or delay.
29.
The Special Rapporteur acknowledges that there are constant discrepancies in
different sources of the number of prisoners of conscience remaining, such as the
Government, the NLD, various civil society organizations and Member States. He was
previously informed that the Ministry of Home Affairs was investigating the status of
prisoners in lists provided by various sources, and was subsequently presented with a list of
some 526 prisoners in detention. In his meeting with the Minister for Home Affairs, the
Special Rapporteur was informed that a final list of prisoners had been compiled on the
basis of information provided by various Government departments and domestic political
organizations. Many on that list were reportedly released as a result of the various
amnesties granted; however, those “convicted with irrefutable evidence” – some 128
individuals – had not.
30.
The Special Rapporteur believes that a comprehensive and thorough investigation is
needed to clarify records and determine accurate numbers. As a starting point, such an
investigation could be based on the definition he has consistently put forward of a prisoner
of conscience, that is, of a person who (a) has been charged or convicted for the
infringement of national legislation impeding reasonable enjoyment of freedom of
expression, opinion, peaceful assembly or association; and (b) does not have access to a
court or is being tried by courts that lack independence and impartiality, and/or for whom
due process of law is denied. The Government should initiate broad and public
consultations with all relevant stakeholders, such as political and civil society
organizations, as well as released prisoners themselves, to collect and bring together
information on remaining prisoners of conscience. He encourages the Government to
consider this issue urgently, including with the assistance of the international community as
necessary.
B.
Conditions of detention and treatment of prisoners
31.
Conditions of detention and the treatment of prisoners remain of concern. The
Special Rapporteur continued to receive allegations of torture and ill-treatment during
interrogation, the use of prisoners as porters or “human shields” for the military and the
transfer of prisoners to facilities in remote areas where they are unable to receive family
visits or packages of essential medicine and supplemental food.
32.
On 1 June 2011, the Special Rapporteur sent an urgent appeal jointly with the
special rapporteurs on freedom of opinion and expression and on torture on the situation of
seven female political prisoners in Insein prison, who had reportedly begun a hunger strike
on 17 May to express their discontent with the amnesty announced by the President that
month. The appeal also addressed the situation of 17 male political prisoners who joined the
hunger strike on 22 May to protest against the denial of their rights and five other political
prisoners who began a sit-in strike in their prison ward.
1
8
See A/66/365, para. 6.
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