A/HRC/22/58
violations through the criminal justice system is necessary to combat the culture of
impunity that exists for acts of torture in police stations, prisons and in other places of
detention, particularly during the interrogation of suspects. In addition, he encourages the
Government to initiate human rights training programmes for police officers and prison
officials, and to develop the capacity of other relevant public officials, including judges and
doctors, who can intervene on suspected cases of torture.
13.
The Special Rapporteur acknowledges the steps being taken by the Government to
address the ongoing practice of torture in Myanmar. He commends the Government on its
commitment last November to allow the International Committee of the Red Cross (ICRC)
to resume prison visits in order to assess conditions and facilitate access to healthcare, and
notes the subsequent successful completion of the first pilot prison visit in January. He
encourages the Government to continue this good cooperation with the ICRC and reiterates
his recommendation that national and other international monitoring groups be provided
with access to prisons. To help systematize the process of prison visits to prevent torture, he
recommends that Myanmar prioritize the ratification of the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol.
Furthermore, he encourages the Government to invite the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment to conduct a country visit.
14.
In Yangon, the Special Rapporteur also met with the wife of Phyo Wai Aung. He
was deeply saddened to learn of the passing away of the former prisoner of conscience on 4
January 2012, only five months after his release from Insein Prison. Phyo Wai Aung had
previously informed the Special Rapporteur that his confession had been extracted as a
result of torture. His death has also highlighted the inadequate health care that prisoners are
provided with in Myanmar’s prisons. The Special Rapporteur recommends that urgent
measures be taken to address this, including through the passing and implementation of a
new Prisons Law, which he understands from the Home Affairs Minister will be considered
by Parliament soon. He hopes the new law will comply with international standards,
including the United Nations Standard Minimum Rules for the Treatment of Prisoners, and
also address concerns over the use of solitary confinement, transfers to remote prisons and
non-judicial punishment. In this regard, he encourages the authorities to take into account
the comments provided on the initial draft by the United Nations Office on Drugs and
Crime (UNODC) and OHCHR.
C.
Freedom of expression
15.
The Special Rapporteur acknowledges important progress that has been made in
developing a more open environment for people to express themselves, including a freer
media environment. In 2012, no journalists were jailed in Myanmar and the country rose 18
places to 151 out of 179 States in the 2013 World Press Freedom Index.
16.
In August 2012, in a significant step forward, pre-publication screening and
censorship by the Press Scrutiny and Registration Division (PSRD) was brought to an end,
and in January 2013 the PSRD was replaced with the Copyright and Registration Division
(CRD). However, members of the press are still required to send printed copies of their
publications to the CRD after publication, and the CRD can summon journalists to its
headquarters and threaten newspapers with suspension. The Special Rapporteur also has
concerns over the current registration process for print publications, where the threat of the
revocation of licences could be used by State authorities as a tool for censorship, as well as
concerns over the misuse of defamation laws to secure censorship.
17.
In September, the Government established a 28-member Interim Press Council,
which subsequently created four working committees to perform the tasks of resolving
disputes and complaints, drafting the code of ethics and the new media law, finance and
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