A/HRC/31/71 issued by the Ministry of Home Affairs that all detainees are now in good health and its reference to section 884 of the Prison Manual Act requiring that treatment be provided by medical teams in prisons. She reminds the Government that prisoners must have access to adequate health care and be housed in sanitary conditions, in accordance with the Standard Minimum Rules for the Treatment of Prisoners and principle 9 of the Basic Principles for the Treatment of Prisoners. 27. The Special Rapporteur is particularly concerned by the arrest of Gambira (Nyi Nyi Lwin) on 19 January 2016. According to the Government, he was charged under section 13 (1) of the Immigration (Emergency Provisions) Act (1947) for having allegedly entered Myanmar illegally. Gambira reportedly suffers from serious mental health issues resulting from six years in detention following his involvement in anti-government protests in 2007. Despite the fact that his psychological well-being is likely to be severely affected by continued detention, he was repeatedly denied bail in recent hearings. The Special Rapporteur reminds the Government that pretrial detention should be considered a measure of last resort only.3 She also calls upon the relevant courts to grant bail to all those in detention suffering from serious health conditions, in particular when there is evidence that the detention itself is worsening those conditions. 28. Two presidential amnesties resulted in the release of 6,966 prisoners, on 31 July 2015, and 102 prisoners on 22 January 2016; 55 human rights defenders and political prisoners were among those released. Civil society sources estimate, however, that 84 political prisoners remain in prison, while more than 400 are detained pending trial. 4 Such figures clearly indicate that the process of reform and democratic transition has yet to be completed. The Special Rapporteur urges President Thein Sein to use his remaining weeks in office to release, immediately and unconditionally, all political prisoners. The majority of political prisoners released in recent years have received a presidential commutation of their sentence under section 401 of the Criminal Procedure Code. Section 401 (3) affords the President broad powers to return individuals to prison if a condition of their release is not satisfied. A release under section 401 also offers no provisions for review of the original detention and conviction. Consequently, many former political prisoners are classified as ex-criminals on their release, which makes their subsequent access to work or education opportunities difficult. For example, three student protestors from Yadanabon University were released on 22 December 2015 only to find that they had been suspended and faced expulsion. B. Incitement to hatred and discrimination 29. The Special Rapporteur has previously stated that protection of the right to freedom of expression must be accompanied by efforts to combat intolerance, discrimination and incitement to hatred. In this regard, she welcomes the statement made by President Thein Sein in January 2016 to the participants in the World Buddhist Peace Conference, urging religious and political leaders around the world to join hands and to teach their followers to practice the “middle way” and “to avoid extremism”. She nonetheless remains concerned about reports of incitement to hatred against minorities, including the Muslim population, which may fuel discriminatory sentiment and divisions. The Secretary-General, on 1 November 2015, expressed similar concern at the continuous resort to hate speech and the incitement of communal animosities resorted to by extreme elements among the majority community in Myanmar. 3 4 United Nations Standard Minimum Rules for Non-custodial Measures, rule 6. Figures provided by the Assistance Association for Political Prisoners (Burma). 7

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