SPECIAL RAP ON MYANMAR (Pt II)

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       1998 REPORT OF THE SPECIAL RAPPORTEUR ON MYANMAR 
              TO THE UN COMMISSION ON HUMAN RIGHTS
                                
          (posted in III parts for easier downloading)
                                
                                
                           (Part II)
 
C. Extrajudicial, summary or arbitrary executions
 
  1. In his last report to the Commission, the Special
Rapporteur addressed the Government's decision to commute
death sentences passed between 18 September 1988 and 31
December 1992 to life imprisonment. This year, the officer
assigned by the Office of the High Commissioner for Human
Rights to assist the Special Rapporteur received a
communication from the Permanent Mission of Myanmar about an
order issued by the SPDC on 1 December 1997 (Order No. 1/97),
entitled "Commutation and remission of sentences". It states,
inter alia: 
 
"2. In respect of citizen prisoners undergoing death sentence,
imprisonment for a term of an unlimited period, transportation
for life or imprisonment for a term exceeding 10 years under
orders passed by a civil court, military court or military
tribunal, the respective sentences which they are undergoing
shall be commuted and remitted as follows: 
 
"(a) to commute death sentence to transportation for life
(imprisonment for a term of 20 years) for those prisoners
undergoing the said sentence; 
 
"(b) to remit the imprisonment ranging from a term exceeding
20 years to imprisonment for a term of an unlimited period to
imprisonment for a term of 15 years for those prisoners
undergoing the said sentence; 
 
"(c) to commute the sentence of transportation for life to a
term of 10 years for those prisoners undergoing the said
sentence; 
 
"(d) to remit the imprisonment ranging from a term exceeding
10 years to a term of 20 years according to each offence to
imprisonment for a term of 10 years according to each offence
for those prisoners undergoing the said sentence.
 
"3. The Order, which has the force of law, applies to
sentences passed before 15 November 1997.
 
"4. The commutation and remission of sentences under this
Order shall not effect the period to which the prisoner
concerned is ordinarily entitled."The Special Rapporteur notes
with satisfaction that one of the early acts of the SPDC has
been to commute death sentences, a sign of progress in the
protection of the right to life.
 
  1. The Special Rapporteur has had no indication that there
exists an explicit or systematic government policy of
encouraging summary executions. However, he is greatly
concerned by the frequent allegations of arbitrary killings of
civilians and insurgents by members of the Tatmadaw under a
variety of circumstances, in violation of the right to life
contained in article 3 of the Universal Declaration of Human
Rights. The right to life has the character of jus cogens
binding on all States under all circumstances, without any
exception. The following allegations, among many others,
exemplify the reports received by the Special Rapporteur:
 
(a) On 7 June 1997, three villagers from Wan Kyawng, Murngpan
township, Shan state, were allegedly beaten to death by troops
of Light Infantry battalion (LIB) No. 332 from Murngpan. The
three reported victims were Loong Za Li, Loong Nan Ta, and Sai
Ta; 
 
(b) On 13 June 1997, five villagers from different villages in
Murngpan township were reportedly beaten to death by LIB No.
332 troops from Murngpan. The five reported victims were
Pannya from Nam Maw Mon village, Loong Pae from Nawng Harn
village, Pa Kao from Wan Kung village, Su Nan Ta from Loi Noi
village, and Su Na Ta from Long Kaeng village. 
 
  1. The Special Rapporteur on extrajudicial, summary or
arbitrary executions has, during the last year, transmitted
three communications to the Government of Myanmar regarding
allegations of violations of the right to life. One 
communication concerned three Karenni living in a refugee camp
in Thailand who were allegedly killed on 3 January 1997     
by members of the armed forces. Another communication
concerned three other refugees reportedly executed, on 28 and
29 January 1997, in refugee camps in Thailand by members of
the Democratic Karen Buddhist Army (DKBA), a Karen militia
group alleged to be backed by SLORC. The third communication
concerned the arbitrary executions of two Shan farmers
committed on 30 October and 13 November 1996 by the Tatmadaw.
The replies of the Government and the observations of the
Special Rapporteur on extrajudicial, summary or arbitrary
executions are contained in document A/CN.4/1998/68/Add.1,
paragraphs 285-288. 
 
  2. Given the great number of allegations of summary or
arbitrary executions, in addition to violations of other basic
rights, as reported in previous reports of the Special
Rapporteur, and given the continuing flow of similar
allegations, particularly in areas where ethnic minorities
live, it is of the utmost importance that the authorities
conduct a high-level inquiry with broad terms of reference. It
is true that most of the acts are alleged to have been    
perpetrated by the rank and file. Nevertheless, if the
allegations are well-founded, the acts could not have been
committed without the orders of field superiors.
 
D. Arbitrary detention
 
  1. During 1997, reports indicated that NLD members and
sympathizers, as well as other persons involved in political
activities, continued to be constantly harassed and some of
them arbitrarily arrested and detained when exercising their
rights to freely express their views, to assemble or to hold
rallies. 
 
  2. On 27 June 1997, the Special Rapporteur, together with
the Special Rapporteur on the question of torture, transmitted
an urgent appeal to the Government of Myanmar seeking
clarification with regard to allegations of arbitrary arrest
and torture (see E/CN.4/1998/38/Add.1, para. 255). The Special
Rapporteur notes that the International Committee of the Red
Cross (ICRC) is still not allowed uninhibited access to
prisons and places of detention. 
 
 3. The urgent appeal referred to the arrest, on 13 June 1997,
of two Executive Committee members of the Federation of Trade
Unions-Burma and their families by the National Intelligence
Bureau. U Myo Aung Thant, who is also a member of the All
Burma Petro-Chemical Union, is said to have been detained
along with his wife and children at Mingaladon international
airport in Yangon. U Khin Kyaw, who is also an official of the
Seamen's Union of Burma and an affiliate of the International
Transport Workers' Federation (ITF), was reportedly detained
along with his wife at his home. He had allegedly been
tortured and his wife had allegedly been sexually abused
during a previous detention in 1993. Fears had been expressed
that U Myo Aung Thant and U Khin Kyaw and their detained
family members might be subjected to torture or other
ill-treatment during their present detention.
 
  4. The urgent appeal also referred to reports received by
both Special Rapporteurs according to which the following
members of NLD have been detained since 13 June 1997: Khin
Maung Win (also known as Ko Sunny, the official video-
photographer for the NLD), Cho Aung Than (a relative of and
former assistant to NLD General Secretary Daw Aung San     
Suu Kyi); Daw Khin Ma Than (the sister of Cho Aung Than); U
Shwe Myint Aung (the husband of Cho Aung Than) and U Ohn Myint
(an NLD adviser who is over 80 years of age).
 
  5. On 24 July 1997, the Government of Myanmar responded that
the seven above-named persons (correcting the names of Daw
Khin Ma Than and U Shwe Myint Aung to Nge Ma Ma Than and U Swe
Myint Aung, respectively) were said to have been found to be
involved in terrorist activities. They had been planning bomb
attacks on foreign embassies and residences of State leaders,
the blowing up of transformers and the cutting of telephone
lines, as well as the incitement of workers. Cho Aung Than was
said to have been involved in making appointments for     
foreigners to meet Daw Aung San Suu Kyi. Myo Aung Thant, Nge
Ma Ma Than and Cho Aung Than were said to have secret contacts
with foreigners to send financial aid to Daw Aung San Suu Kyi.
Myo Aung Thant, Nge Ma Ma Than, Cho Aung Than, Khin Maung Win
and U Ohn Myint were said to have participated in producing
and smuggling a film of Daw Aung San Suu Kyi in Kayin national
dress for a charity show for refugees in Bangkok. The
Government of Myanmar added that there was no ground for
concern that the persons detained would face ill-treatment
while in detention since torture and other cruel, inhuman or
degrading treatment were prohibited by relevant laws and
regulations in Myanmar which were scrupulously followed by the
authorities concerned. 
 
  1. On 4 November 1997, the two Special Rapporteurs
transmitted another urgent appeal to the Government of Myanmar
seeking clarification concerning eight persons, seven of whom
are said to be leading members of the NLD, who were reportedly
arrested by security forces in the night of 28/29 October 1997
(see E/CN.4/1998/38/Add.1, para. 256). 
 
  2. The arrests allegedly occurred following attempts to hold
a meeting with Daw Aung San Suu Kyi at the NLD Mayangone
township office on the outskirts of Yangon. The meeting was
reportedly planned for the morning of 28 October, but security
forces are said to have set up barricades, preventing it from
taking place. A number of NLD supporters were reportedly
arrested but subsequently released. The following eight
persons are still believed to be detained: Daw May Win     
Myint (NLD Divisional Organizer and MP-elect from Mayagone),
Khin Maung Myint (NLD Central Youth member and Secretary of
Latha township), Daw San San (NLD Seikkan Divisional
Vice-Chairman and NLD women's leader), Win Win Htay (member of
the Yangon NLD Youth Division), U Soe Myint (Chairman of the
Thaketa NLD), Dr Than Nyein (MP-elect from Kyauktan township),
U Win Thaung (Chairman of the Mayangone NLD office), U Mya
Thaung (landlord of the Mayangone NLD office). Some are also
said to have had documents taken from them. They were
reportedly arrested by security forces, including military
intelligence forces, and taken to an unknown place. Fears had
been expressed that they might be subjected to torture or
other ill-treatment while in detention.
 
  1. Although the Government of Myanmar did not respond
specifically to the letter sent by the Special Rapporteurs,
the officer assigned by the Office of the High Commissioner
for Human Rights to assist the Special Rapporteur received
from the Permanent Mission of Myanmar Official Information
Sheet No. A-0241 dated 10 December 1997, which provided     
information about these cases. It states as follow: 
 
"On 9 December 1997, the Special Court of Insein
Rehabilitation Centre passed sentences on the following (7)
persons from NLD who have been charged with section 5 (j) of
the Emergency [Provisions] Act of 1950. [international harm to
the morals or conduct of the public or a section of the public
in a manner likely to impair the security or restoration of
law and order of the Union]:
 
(a) Dr. Than Neyin
 
(b) U Soe Myint
 
(c) U Win Thaung
 
(d) U Nyan Thaung
 
(e) Daw May Win Myint
 
(f) Ma Win Win Htay
 
(g) U Khin Maung Myint
 
"The court found the accused (6) persons guilty of section 5
(j) of the Emergency [Provisions] Act of 1950 and U Khin Maung
Myint was found guilty of both section 5 (j) of the Emergency
[Provisions] Act of 1950 and section 16 (a) of 1986 Gambling
Law. The court has sentenced Dr. Than Neyin, U Soe Myint, U
Win Thaung, U Nyan Thaung, Daw May Win Myint, Ma Win Win Htay
to (6) years' imprisonment and U Khin Maung Myint (8) years'
imprisonment, it is learnt."
 
  1. According to information received by the Special
Rapporteur, the accused have been denied their right to retain
lawyers for their defence and were not allowed to defend
themselves in hearings held on 2 December 1997.
 
  2. On 6 November 1997, Dr. Min Soe Lin, an elected member of
parliament and Secretary-General of the banned Mon National
League for Democracy (MNLD), was reportedly arrested under
section 5 (j) of the Emergency Provisions Act for his role in
organizing celebrations for the fiftieth Mon National Day on
23 February 1997. Dr. Min Soe Lin was arrested in Mudon, Mon
state, but it is not known where he has been taken for
detention or under what conditions he is being held. 
 
  3. On 19 November 1997, the Myanmar authorities reportedly
arrested Thaung Aye and Chit Khin. Thaung Aye, an owner of a
building in the South Okkalapa township of Yangon, had
reportedly been arrested because he agreed to rent an office
to the NLD. Chit Khin is the Chairman of the Okkalapa branch
of the NLD. 
 
  4. The Working Group on Arbitrary Detention on 11 July 1997
transmitted a communication to the Government of Myanmar
concerning a case of detention which was reported to have
occurred in Myanmar. In accordance with its methods of work,
the Working Group has adopted, on 2 December 1997, Opinion No.
20/1997, the text of which is contained in document
E/CN.4/1998/44, annex II. A summary of the case appears
below.
 
  5. After having been released from detention through an
amnesty on 4 February 1995, Khin Sint Aung, aged 61, medical
doctor and member of the NLD, was rearrested on 23 July 1996
for recent activities in support of the opposition. He had
previously been arrested on 3 August 1993 and sentenced on 15
October 1993 to 20 years in prison for destabilizing national
unity, printing and publishing material without official
registration and improper use of official secret documents.
Dr. Khin Sint Aung's case had already been transmitted by the
Working Group to the Government in April 1994. The Working
Group, by its Decision No. 13/1994, declared his detention to
be arbitrary. His rearrest was believed to be related to his
membership of the NLD.  
 
  6. The Government informed the Working Group and the Special
Rapporteur that Dr. Khin Sint Aung had been convicted in 1993
under section 5 (j) of the Emergency Provisions Act, section
17/20 of the Printers and Publishers Registration Law, and
section 5 (1) (4) of the Burma Official Secrets Act. The
Government added that Dr. Khin Sint Aung had been granted
amnesty under section 401 (1) of the Criminal Procedure     
Code, after he had been given a solemn pledge to the
authorities that he would henceforth abide by the law. But,
the Government added, Dr. Khin Sint Aung did not abide by his
pledge and, as a consequence, the amnesty extended to him was
revoked and he resumed serving the reminder of his original
sentence. 
 
  7. The source of the information, in its observations on the
Government's reply, reiterated its view that Dr. Khin Sint
Aung's detention was based solely on the exercise of his right
to free expression. The charges against him were believed to
be specifically related to letters he sent to NLD members
during the January 1993 NLD National Convention.
 
  8. The Working Group, in its Decision No. 13/1994 declaring
Dr. Khin Sint Aung's detention to be arbitrary, noted that the
Government had failed to specify in what way he failed to
abide by his pledge, what the activities were that led to the
revocation of the amnesty extended to him, and in what way
they constituted a violation of the pledge.
 
  9. The Working Group held that the renewed detention of Dr.
Khin Sint Aung, like the first one, was linked to the fact
that he peacefully exercised his right to freedom of opinion
and expression. Accordingly, the Working Group concluded as
follows: "The deprivation of liberty of Khin Sint Aung is
arbitrary, as being in contravention of articles 9 and 19 of
the Universal Declaration of Human Rights, and falls within
category II of the categories applicable to the consideration
of the cases submitted to the Working Group." The Working
Group consequently requested the Government to take the
necessary steps to remedy the situation, and bring it in
conformity with the standards and principles set forth in the
Universal Declaration of Human Rights. The Working Group
further recommended that the Government take steps to     
become a party to the International Covenant on Civil and
Political Rights.
 
 10. With regard to the particular case of Dr. Khin Sint Aung,
the Special Rapporteur wishes to recall the previous reports
of his predecessor, Professor Yozo Yokota, to the Commission
on Human Rights (E/CN.4/1994/57) and (E/CN.4/1995/65) in which
the case was mentioned. When Professor Yokota visited Myanmar
in 1993 and 1994, he personally met Dr. Khin Sint Aung in
Insein prison.
 
 11. In 1993, when Professor Yokota met Dr. Khin Sint Aung, he
was accompanied by the prison warden and his staff and by
photographers. Dr. Khin Sint Aung addressed the Special
Rapporteur in the Burmese language, as he clearly indicated he
had been advised to do, although he had done his medical
training in England and spoke English well. Dr. Khin Sint Aung
told the Special Rapporteur that those who met the Special
Rapporteur would have problems and would be likely to be     
sentenced to 10 years' imprisonment. He therefore must be
careful how he answered the Special Rapporteur's questions: if
he answered "wrong", his 20-year prison sentence would become
40 years. He also said that the grounds for his imprisonment
were prescribed by existing laws; information in that regard
could be obtained from the Government. He said he had been
tried in a special court, i.e. not an ordinary court. It was
by his own choice that he did not hire a lawyer because he
wanted to defend himself. He had received his sentence
recently and was intending to appeal through the proper
channels. Dr. Khin Sint Aung indicated that he was treated
well in the prison and had even received a new tooth in his
first week there. In concluding, he repeated that he did not
want to be in prison for 40 years, and so he preferred to say
no more.
 
 12. In 1994, Professor Yokota again met Dr. Khin Sint Aung in
Insein prison. He was not allowed to enter the cell where the
prisoner was kept but he was able to speak to him through the
locked grill of the cell door. The prison warden and several
guards recording the interview were also present, as well as
photographers. The interview was very short and the prisoner
seemed nervous but in good health.
     Unlike their meeting in 1993, Dr. Khin Sint Aung
addressed the Special Rapporteur in Burmese and English. In
1993, he had indicated that he intended to appeal through the
proper channels. He now informed Professor Yokota that he had
not appealed but did not give any specific reason why he had
changed his mind. In concluding, he repeated that he would
like from the bottom of his heart to serve a democratic
Government. 
 
 13. As the Special Rapporteur has had occasion to observe,
there are laws in Myanmar that criminalize the normal exercise
of basic civil and political rights (see A/51/466, annex,
chaps. III and IV). All the persons convicted or detained
under these laws are, in a true sense, political prisoners.
The SPDC should take urgent steps to have those persons
released by proclaiming a general amnesty.
 
E. Torture and cruel, inhuman or degrading treatment or
punishment 
 
  1. The Special Rapporteur continues to receive numerous
allegations of acts of torture committed by soldiers of the
Tatmadaw. The Special Rapporteur has already reported on some
of these cases in his previous reports to the General Assembly
and the Commission on Human Rights. 
 
  2. The Special Rapporteur on the question of torture has
also raised with the Government of Myanmar several cases of
alleged torture. By letter dated 21 February 1997, he informed
the Government of Myanmar about reports indicating that the
Myanmar army still uses torture and ill-treatment against
members of ethnic minorities in Shan and Mon states and in
Tanintharyi division. According to these reports, members of
ethnic minorities are forced to serve as porters for the
army. Any person who cannot carry the required load is
allegedly beaten with bamboo sticks or rifle butts.
Deprivation of food, water, rest and medical care is also
reportedly a common method of punishment.
 
 
  3. In the same letter, the Special Rapporteur also asked the
Government of Myanmar to reply to allegations that a number of
persons had been beaten by the police during student
demonstrations in Yangon in December 1996.
 
  4. On 25 April 1997, the Government of Myanmar replied to
the Special Rapporteur stating that nobody had been subjected
to violence during the December 1996 student demonstrations.
Concerning the allegations of ill-treatment of porters, the
Government of Myanmar stated that the recruitment of civilian
labour to assist the armed forces is regulated by law and
based on three criteria: the person has to be unemployed;
physically fit to work as a porter; and a reasonable wage has
to be agreed upon before recruitment. Furthermore, according
to the Government, porters were never required to accompany
the troops to the battle scene. They were thus not exposed to
danger (see E/CN.4/1998/38/Add.1, paras. 258-267).
 
                         (End of part II)