A/HRC/8/12
page 11
as Aye Aye), is still detained in Insein prison. She has reportedly been charged under section 295
of the Penal Code after she allegedly appeared before Okkapala town court on 27 February 2008
with seven other nuns.
40. In his next report to the Council, the Special Rapporteur would like to provide an analysis
on the compatibility of the provision in the current Penal Code and its procedural frameworks
with human rights standards. In this context, the Special Rapporteur will propose to the
Government of Myanmar, in the course of a future visit, the possibility of setting up a national
experts’ conference that could enlighten him on the country’s procedures and serve as an open
and ongoing forum for dialogue on these matters.
B. Conditions of detention: right to health and treatment
41. Information was received with regard to the health situation of Paw U Tun (alias
Min Ko Naing), a member of the 88 Generation Students group active in the demonstrations
against the sharp rise in fuel prices in August 2007; Paw U Tun has reportedly been suffering
from a severe eye infection while in detention. He requested to visit an ophthalmologist, but the
prison authorities allegedly refused this request, claiming that an eye doctor would not be
available before May 2008. According to reports, Paw U Tun’s eye condition and acute pain
prevented him from eating and sleeping.
42. Information has also been received with regard to the situation of one of the NLD members
mentioned in the report. Aye Cho is reportedly suffering from hypertension and a heart problem
and requires assistance.
C. Access to prisoners by international organizations
43. The reports received indicate that the detention conditions of detainees at Insein prison in
Yangon remain appalling. Family members and relatives continue to report that they face many
obstacles, including lengthy procedures, before they can visit detainees in prison. While some of
the prisoners have had access to legal counsel during the reported trials, reports on the situation
of most of the detainees can still only be obtained through contacts with prisoners’ families.
44. According to the most recent information, there have been no visible developments in the
access by the International Committee of the Red Cross (ICRC) to the detainees in accordance
with its mandate. In this context, the Special Rapporteur would like to emphasize his call to the
authorities to re-engage with ICRC and provide free access to detention centres.
D. Investigations on the 31 reported killings and depuration
of responsibilities for excessive use of force
45. The Special Rapporteur, as mandated by the Council, would like to continue to follow up
on the steps taken by his predecessor in engaging in fruitful discussions with the relevant
authorities with a view to clarifying the reported tragic deaths of at least 31 individuals during
and/or as a result of the crackdown on the peaceful protests in September 2007. The excessive
use of force contravenes article 29 (2) and (3) of the Universal Declaration of Human Rights.
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