A/HRC/34/67 practice of prison labour to benefit private enterprises, which would fall into the definition of forced labour under the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29). She hopes that the new prison law will address those issues, particularly by taking into account the Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules). 22. The administration of justice requires investigations into human rights violations and the Special Rapporteur reminds Myanmar of its obligation to consistently investigate all allegations. She notes that, while a determination of guilt is a matter for the judicial branch, the Government has a prior obligation to conduct credible “prompt, thorough, independent and impartial investigations”.3 The Special Rapporteur notes that Myanmar has established some investigative bodies that do not comply with those requirements. She also notes that in the case of unlawful killings, principle 11 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions requires that if initial investigations are inadequate, “Governments shall pursue investigations through an independent commission of inquiry or similar procedure”. B. Democratic space 23. The Special Rapporteur acknowledges the strides that Myanmar has made in opening up democratic space in recent years. However, she remains concerned about the continuing application of problematic legal provisions, particularly in politically sensitive cases, to intimidate and silence human rights defenders, lawyers, journalists and members of civil society, including through heavy surveillance, arrest and prosecution. The killing of constitutional legal expert Ko Ni on 29 January 2017 sends a particularly chilling message to those who fight for, and are vocal on behalf of, the rights of others. 24. As previously highlighted, a number of cases have yet to be conclusively resolved several years on, such as the killing of reporter Ko Par Gyi in October 2014. There is also increasing risk to those active in raising environmental and land rights issues with activist Naw Chit Pan Daing and journalist Soe Moe Tun killed in November and December 2016 respectively. 25. The Special Rapporteur expressed concerns during her meetings regarding the termination of Fiona MacGregor’s contract with the Myanmar Times reportedly for having written about alleged violations relating to the security operations in Rakhine State. Apparently, she had been particularly targeted for actively reporting on sexual violence cases allegedly implicating security forces. 26. The Special Rapporteur has been informed of approximately 170 individuals imprisoned for peacefully exercising their rights to freedom of opinion and expression, and of association and assembly. 4 She finds the increasing use of section 66 (d) of the Telecommunications Act (2013) particularly worrying, with more than 45 cases reported, most of them in the past year. 27. The Special Rapporteur met individuals during her January 2017 visit who had been detained under that provision for expressing opinions against the military, including Hla Phone (Kyat Pha Gyi) who has been sentenced to two years’ imprisonment,5 and Myo Yan Naung Thein, whose case is still being heard. On 6 January 2017, two days before the Special Rapporteur arrived in Myanmar, the Chief Executive Officer of the Eleven Media Group, Than Htut Aung, and Chief Editor of the Daily Eleven newspaper, Wai Phyo, were granted bail following charges under section 66 (d) over an editorial accusing the Yangon Chief Minister of bribery, after having three previous bail applications denied. She was 3 4 5 See the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), principle 19. See Assistance Association for Political Prisoners (Burma), “January Chronology 2017”. Available at http://aappb.org/2017/02/aapp-b-monthly-chronology-of-jan-2017-and-current-political-prisonerslist/. Hla Phone was charged under that provision and two others. 5