A/HRC/19/67
has in fact been made, although ongoing and serious human rights concerns remain and
need to be addressed.
A.
Prisoners of conscience
23.
The Special Rapporteur has consistently called for the immediate and systematic
release of prisoners of conscience. Since the formation of the new Government, four
amnesties have been granted, resulting in the release of a significant number of prisoners of
conscience, including prominent figures and other individuals whose cases had been
previously addressed by the Special Rapporteur, or whom he had visited in jail.
24.
On 16 May 2011, the President announced an amnesty that commuted death
sentences to life imprisonment and reduced all prisoners’ sentences by one year. The
measure resulted in the release of an estimated 100 prisoners of conscience, including 23
members of the NLD. On 12 October, more than 200 prisoners of conscience, including
labour rights activist Su Su Nway, comedian Zarganar and General Sao Hso Ten of the
Shan State Army – North, were released in another general amnesty granted by the
President. On 2 January 2012, the President announced another amnesty that commuted
death sentences to life imprisonment, and reduced sentences of more than 30 years to 30
years, sentences of between 20 to 30 years to 20 years and sentences of less than 20 years
by one quarter. Only an estimated 32 prisoners of conscience were released, however. On
12 January, the President granted another amnesty to 651 prisoners. While estimates vary, a
significant number of those released were prisoners of conscience, including former Prime
Minister Khin Nyunt and the Chairperson of the Shan Nationalities League for Democracy,
Khun Htun Oo, members of the 88 Generation Students Group, including Min Ko Naing,
monks jailed for their role in the 2007 demonstrations, and activists and journalists.
25.
While commending these releases, the Special Rapporteur notes that, under section
401 (1) of the Code of Criminal Procedure, conditions were reportedly attached to some of
the releases, such as the imposition of the remaining sentence if a crime were to be
committed in the future. He therefore reiterates his view that the release of prisoners of
conscience must be without any conditions.
26.
During his mission, the Special Rapporteur again conveyed his firm belief that the
release of prisoners of conscience was a central and necessary step towards national
reconciliation and would bring more benefit to Myanmar in its path towards democracy. He
also welcomed the call made by the national human rights commission for the release of
prisoners, its enquiries with relevant ministries on the number of prisoners of conscience,
and its request that consideration be given to the transfer of prisoners who could not be
released to prisons with easy access for family members.
27.
The Special Rapporteur also met with released prisoners of conscience and received
a clear sign of their intention to engage constructively in the political process and their
commitment to further democratic transition. He is concerned by information received,
however, that some of those released were being monitored or followed. He also notes that
Ashin Gambira, a monk who had previously been imprisoned for his role in the 2007
demonstrations and released as part of the 12 January 2012 amnesty, had again been
detained on 10 February, although released the same day. It is reported that he had been
wanted for “questioning in relation to incidents that happened after his release”. The
Special Rapporteur urges the Government to take all necessary measures to ensure that the
rights and freedoms of those released are respected. Any restrictions on their exercise and
full enjoyment of human rights should be removed. In this critical period, and in the leadup to the by-elections, it is fundamental for all in Myanmar, including those released from
prison, to be allowed to play an active and constructive role in political and public life.
7
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