A/HRC/16/59
A.
Prisoners of conscience
28.
Despite indications that the Government was considering a release of prisoners
before the elections, no such release occurred. As of the beginning of January 2011, 2,189
prisoners of conscience remained in detention. The Special Rapporteur repeats his
recommendation to the Government that it immediately release all prisoners of conscience.
29.
The Special Rapporteur regrets that in the lead-up to the elections, the number of
prisoners of conscience expanded. At least 15 people were arrested in the pre-election
period for their opposition to the 2010 elections, including nine students who remain in
detention at an interrogation centre at Insein Prison, where they have been held without trial
since September 2010, when they were arrested for distributing leaflets at Dagon University
campus.
30.
U Oakkantha, a 28-year-old monk, was arrested by the Special Police in January
2010 in Thanbyuzayat Township in Mon State for painting “No 2010 election” along the
highway from Moulmein Township to Ye Township. On 27 September 2010, he was
sentenced to 15 years imprisonment on three charges of “disturbing public tranquillity”
under the Press Law, the Electronics Act, and article 505 (b) of the Criminal Code.
31.
The Special Rapporteur repeats the recommendations he first made in 2008 with
respect to the four core human rights elements detailed in his earlier report to the General
Assembly (A/63/341). The Special Rapporteur urges the Government to prioritize the
release of, inter alia, prisoners requiring urgent medical care, particularly as this touches
upon the Government’s obligations towards upholding the right to health of these
individuals. According to available information, at least 142 prisoners of conscience are in
dire medical condition and require immediate attention.
32.
On 13 December 2010, the Special Rapporteur issued a press statement calling on
the Government to release remaining prisoners of conscience, noting that many of them
suffered from serious health problems due to the harsh conditions of their detention. He
noted that such a release would send a strong signal that the new Government of Myanmar
intended to uphold human rights and would be welcomed by people both inside and outside
the country. The Special Rapporteur expressed his deep sadness at the death in custody of
50-year-old U Naymeinda (also known as Myo Min or Nay Win) on 8 December 2010. The
Government responded in writing on 22 December 2010. According to the Government, U
Naymeinda was in good health when he was transferred to Mawlamyaing prison in July
2000 but he began to suffer from bullous impetigo in October 2010, for which he was
provided necessary and adequate medical treatment. The Special Rapporteur is alarmed that
this condition, which is extremely uncommon in adults and should never be fatal or even
cause serious injury as it is easily treatable, would rapidly lead to the death of U
Naymeinda.
33.
Other prisoners of conscience for whom the Special Rapporteur has expressed
serious concern include Nyi Nyi Tun, editor of the Kandarawaddy news publication, who
was sentenced to 13 years in prison under the Unlawful Associations, Immigration
Emergency Provisions and Wireless Acts on 13 October 2010, one year after he was first
arrested. Nyi Nyi Tun was the subject of an urgent appeal sent jointly by the Special
Rapporteur and the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment on 18 August 2010, to which no reply was received. According to
reports, as authorities initially tried to elicit a confession connecting him to a series of bomb
blasts, Nyi Nyi Tun was allegedly brutally tortured for six days by 16 police personnel,
including Police Lieutenant Aung Soe Naing. Nyi Nyi Tun was allegedly repeatedly kicked
in the head and face with boots and sodomized with a baton. As a consequence, he appears
to be partially paralysed.
8
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