A/HRC/22/58
suspended or remitted is judged by the President not to have been fulfilled. He reiterates
that the release of prisoners of conscience must be without any conditions. Credible sources
indicate that over 250 prisoners of conscience remain behind bars. In this regard, he
welcomes the announcement on 6 February of the formation of a committee to identify the
remaining prisoners of conscience to be released, which follows the Government’s earlier
commitment made on 18 November 2012 to set up such a mechanism. According to the
President’s Office, the Committee is to be chaired by Union Minister in the President’s
Office, Soe Thane, and made up of representatives from Government ministries, civil
society organizations and some political parties.
8.
The Special Rapporteur hopes that this will lead to the speedy release of all
remaining prisoners of conscience. Those who have already been identified should be
released without delay. Furthermore, in view of allegations that persons continue to be
arrested for political reasons, he recommends that the Committee is established as a
permanent body.
9.
During his latest visit, the Special Rapporteur visited Insein Prison and met with five
prisoners of conscience: Aung Naing, Saw Francis, Tun Oo, Win Myint and Zaw Moe. He
also visited Sittwe Prison, where he met with Tun Aung. The Special Rapporteur discussed
these cases, along with the four international non-governmental organization (INGO)
workers who remain in Buthidaung Prison, with the Home Affairs Minister in Nay Pyi
Taw. The Minister acknowledged the importance of this issue and requested that the
Special Rapporteur send him the list of persons mentioned during the discussion.
10.
In Yangon, the Special Rapporteur met with recently released prisoners of
conscience, including Gambira and Khaymar Sara, whom he had previously visited in
Insein Prison. While overjoyed to be speaking to them in freedom, he was concerned to
hear of the difficulties they faced in rebuilding their lives and that some had faced repeated
detention since their initial release. He reiterates that it is the duty of the State to provide
adequate medical and psychosocial services to those released; in particular, those who
suffered ill treatment or prolonged periods of solitary confinement. Rehabilitation support
should also be provided, given that many former prisoners face difficulties in finding
employment or continuing their education. Furthermore, many former prisoners continue to
be denied passports and cannot travel abroad, while some who are medical and legal
professionals have had their licences revoked. The rights and freedoms of those released
must be respected and any restrictions or conditions removed, and ways to provide just
compensation need to be considered. The Special Rapporteur recommends that the
Committee to identify prisoners of conscience be given a broad terms of reference, so that it
can look into these issues and propose necessary legislative reforms.
B.
Conditions of detention and treatment of prisoners
11.
The Special Rapporteur is concerned about the ongoing practice of torture in places
of detention in Myanmar. During his interviews with displaced persons in camps in
Myitkyina and Waingmaw and prisoners in Myitkyina prison, he received allegations of
arbitrary arrest and torture during interrogation by the military of Kachin men accused of
belonging to the Kachin Independence Army (KIA). In Rakhine State, he received
allegations that Muslim prisoners detained in Buthidaung Prison after last June and
October’s violence have been tortured and beaten to death.
12.
While in Yangon, the Special Rapporteur met with the sister of Myo Myint Swe,
who died following torture during interrogation while in police custody. His case is
consistent with other information the Special Rapporteur has continued to receive on
professionalized torture techniques being used by police officers on suspects of violent
crime with the aim of extracting confessions. He highlights that addressing human rights
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