A/HRC/13/48
reform of the judiciary to assure independence and impartiality; and specific measures by
the military and police including respecting international human rights and humanitarian
law and establishing a permanent and meaningful training programme on human rights.
A.
Situation of prisoners of conscience and conditions of detention
15.
The Special Rapporteur has repeatedly expressed grave concerns about the house
arrest of Daw Aung San Suu Kyi and the high number of prisoners of conscience and has
called for the release of all prisoners of conscience without delay and without conditions.
He recalls that one of the four core human rights elements that he proposed to the
authorities is the progressive release of prisoners of conscience before the announced 2010
elections. Nevertheless, during his recent mission, the Special Rapporteur did not receive
any indication that the Government is willing to release all prisoners of conscience. The
Government of Myanmar does not accept that there are any prisoners of conscience in
Myanmar. While there was a release of 131 prisoners of conscience in September 2009 and
29 prisoners in February 2009, these figures lack proportionality to the more than 2,100
prisoners of conscience who remain detained. In fact, the number of prisoners of conscience
has nearly doubled in the past two years. These prisoners come from all walks of life, and
include monks, students, teachers, lawyers, journalists and political activists. Some have
spent many years in prison and continue to suffer under long sentences.
16.
In order to move forward concretely and urgently on the release of prisoners of
conscience, the Special Rapporteur reiterates the proposal he put forward to the authorities
to begin with certain categories of prisoners such as the elderly, those with health
limitations, long-serving prisoners and women who have children. The Special Rapporteur
wishes to underline the utmost urgency of the release of those prisoners whose lives are at
risk if proper medical attention is not received, including those who have endured torture
and ill-treatment during years in detention in harsh conditions. There are reportedly 130
prisoners of conscience in poor health, 19 of them requiring urgent medical treatment.
17.
Over 260 sentenced prisoners have been transferred to prisons far from their
hometowns, in isolated areas around the country, making it difficult for their families to
ensure regular visits. At least 47 of them — including Htay Kywe, Min Ko Naing, Su Su
Nway and Zarganar — have been transferred to prisons over 1,000 km away from their
families. The impossibility to see each other on a regular basis can have a psychological
impact on both the prisoners and their families. A number of prisoners have been
transferred to other prisons without their families being notified, such that the families lose
track of the prisoner’s whereabouts. There are serious concerns for the health and wellbeing of prisoners of conscience who are unable to receive family visits as they do not
receive important supplementary food or medicines.
18.
The Special Rapporteur has noted previously the importance of financial support
that the International Committee of the Red Cross provides families so they can visit their
detained relatives. He again invites the authorities to re-engage with the International
Committee in order for it to conduct prison visits, in accordance with its established
mandate, which have been suspended since December 2005.
19.
On his latest mission, the Special Rapporteur was allowed to visit three prisons —
Sittwe, Buthidaung and Insein — where he met with 14 prisoners of conscience and one
former child soldier. While serious concerns on prison conditions remain, such as
inadequate water and food rations and extortion by prison staff, the Special Rapporteur
understands that the conditions in both Buthidaung and Insein had improved over the past
few months. The Special Rapporteur would like to encourage the authorities to continue
these efforts throughout the prison system. He invites the authorities to address effectively
6
GE.10-11915
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