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EXTRACTS ON BURMA FROM REPORTS TO T
- Subject: EXTRACTS ON BURMA FROM REPORTS TO T
- From: darnott@xxxxxxxxxxx
- Date: Sun, 25 Apr 1999 17:12:00
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EXTRACTS ON BURMA (MYANMAR) FROM THE 1999 REPORTS OF THE SPECIAL RAPPORTEUR=
ON
TORTURE AND THE SPECIAL RAPPORTEUR ON SUMMARY OR ARBITRARY EXECUTIONS
Distr.
GENERAL
E/CN.4/1999/61=20
12 January 1999
ENGLISH=20
Original:
ENGLISH/FRENCH/SPANISH=20
COMMISSION ON HUMAN RIGHTS
Fifty-fifth session
Item 11 (a) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
TORTURE AND DETENTION
Report of the Special Rapporteur, Sir Nigel S,=
Rodley,
submitted
pursuant to Commission on Human Rights resolution
1998/38
**************
Myanmar
Regular communications and replies received=20
490. By letter dated 29 September 1998, the Special Rapporteur advised the
Government that he had received information on the following cases.=20
491. James Leander Nichols, the consular representative for Norway, Denmark,
Finland and Switzerland, reportedly died in custody on 22 June 1996,=
allegedly
as a result of ill-treatment. He had reportedly recently been sentenced to
three years' imprisonment and a fine for illegal possession of communication
equipment. He had allegedly been arrested because of his relationship with=
Daw
Aung San Suu Kyi. He had been taken to Insein Special Prison in May 1996,=
where
he was said to have been interrogated several times by Military Intelligence
Service officers. Upon his arrival, he was reportedly forced to sit in a
poun-san position, i.e., to sit cross-legged on the floor with his hands on=
his
knees, back straight and head bowed. Despite the fact that he was suffering
from acute dysentery and diabetes, he was allegedly not given either proper
food or medicines. His
health is believed to have quickly deteriorated. It is not clear whether an
autopsy was performed. To date authorities are believed not to have
satisfactorily replied to the four above-named countries' endeavours to=
obtain
a full written account of events leading up to and surrounding his demise.=
This
case was already mentioned in the report of the Special Rapporteur on the
situation of human rights in Myanmar to the General Assembly in 1996=
(A/51/466,
para. 77).=20
492. Thar Nyunt Oo, a leader of the student movement, was arrested in=
September
1990 and sentenced by the Special Military Court to five years'=
imprisonment.
He was detained at Insein prison from September 1990 until November 1991. He
was reportedly Interrogated during the first two weeks, during which time=
he
was confined to a small cell under continuous strong light, the intensity of
which would be increased if he refused to answer a question. He was deprived=
of
sleep for 60 or 70 hours at a time, beaten and kicked, and made to stand on=
his
toes for hours at a time; meanwhile, his legs were kept in irons with=
manacles
around his ankles and an iron bar between his legs. In 1991, Thar Nyunt Oo=
and
other prisoners who had gone on strike were said to have been placed in
solitary confinement and kept in leg irons. They were allegedly forced to=
stand
with their upper bodies bent forward for up to 30 hours. They were=
reportedly
prohibited from bathing for one month and were forced to make admissions of
guilt. Thar Nyunt Oo was transferred to Thayet prison in November 1991 and=
then
to Monywa prison in December 1992. He was finally released in November 1994.=
He
resumed his political activities and was forced to flee the country in=
December
1996.=20
493. Loong Pain Nyar was allegedly beaten to the point of unconsciousness by
30 oldiers of the State Law and Order Restoration Council (SLORC) on 30=
March
1997. On the accusation that the villagers had supplied Shan soldiers with
food, the soldiers are said to have burned down the village of Wan Mai Si=
Lee
and beaten Loong Pain Nyar, the headman of the village.=20
494. Zai Nyunt was allegedly beaten and killed by SLORC No. 515 troops from
Laikha on 13 November 1996 near Wan Lauy village. The soldiers allegedly=
tied
him up with a rope and beat him repeatedly while they questioned him.
Eventually, since they did not obtain satisfactory answers from Zai Nyunt,=
the
soldiers allegedly threw him, tightly bound by the rope, into the Nam Taeng
river. His body is said to have been found after six days by some villagers.=
=20
495. Na Ling and Loong Thark Khe were allegedly murdered and Maha Wee, Sai
Thun, Pae Ti and Maha Tum, as well as two women, Nai Lu Mae and Nang Suay=
Oong
were reportedly tied up and beaten by the SLORC No. 332 troops. The soldiers
allegedly looted Long Maw village on 27 January 1997.=20
496. Pi Laek, Loong Yawd, Sang Wan Na, Kup Kham, Nang Hawng, Zai Mawng, Zai=
Li,
Sang Wan Na and Nang Ngern Lu, aged 12, all villagers from Sai Murng were
reportedly beaten by SLORC No. 43 troops on 10 February 1997. The soldiers
allegedly destroyed property in the village and murdered Loong Aung.=20
497. Loong Mae Tha and Loong Khur Harn were reportedly murdered and Zai Awng
Pa, Nan Ta To and Nang Sa reportedly badly beaten by SLORC soldiers between=
29
August 1996 and 15 February 1997. The five above-named persons, residents of
Kun Sai and Wan Mai, were allegedly forced to leave their villages on 10
February 1996. Since that time, soldiers are reported to have ill-treated
anyone they see who has returned to the farms or paddy fields of the two
villages. Villagers have allegedly been beaten, arrested, or forced to go=
with
the soldiers and deprived of food. The two murdered villagers, Loong Mae Tha
and Loong Khur Harn, were reportedly beaten to death in the bush outside the
village on 23 January 1997. =20
498. Zarae Wan Na, Mu Ling, Pu Zan Da, Ar Law Ka, Ai Long, Ai Lu, aged 15,=
and
Zai Saw, all seven from Loi Keng village, were reportedly arrested and five=
of
them beaten on 11 November 1996 when SLORC troops allegedly ransacked the
village. The soldiers are alleged to have tied the five to trees and beaten
them, before going back to loot the village.=20
499. Pa Nya Paw, a Karen Buddhist, died allegedly as a result of being=
tortured
by the army (tatmadaw) during interrogation. He was reportedly detained and
interrogated by Division 22 of the tatmadaw in early April 1997 and=
allegedly
asked if he knew the whereabouts of the Karen National Liberation Army=
(KNLA)
and who owned the village threshing machine. The soldiers allegedly punched=
and
kicked him, breaking his limbs. They reportedly smothered him with plastic=
and
poured boiling water over his head.=20
500. Loong Awng La and his wife, Pa Leng, and their daughter, Nang Nu Harn=
were
allegedly assaulted by SLORC troops from Laikha in their home on 20 April=
1997.
Fifty SLORC No. 64 IB soldiers reportedly took Loong Awng La to another=
house
and tied him up. In addition the soldiers allegedly raped Pa Leng and Nang=
Nu
Harn. =20
501. The Special Rapporteur transmitted to the Government the following
information concerning monks allegedly tortured or ill-treated.=20
502. Venerable Ein Taga was allegedly tortured to death in late March 1997=
by
SLORC No. 524 LIB troops at Kyawng Long monastery in Kho Lam. They disrobed=
him
and dragged him with his hands tied all the way to Kho Lam military base,=
where
they allegedly interrogated him while torturing him and beating him until he
died. =20
503. Venerable Yan Na, the abbot of Kaeng Kham village temple, was allegedly
drowned in late March 1997 by SLORC No. 246 troops. He was reportedly=
arrested
at his monastery in Kunhing township. The soldiers are said to have disrobed
him before taking him away for questioning. During interrogation they
reportedly bound his hands and feet, put him in a sack, tied the sack closed
and submerged him in a stream. He was allegedly held under water for a few
minutes and then brought up again and asked more questions. This process was
allegedly completed several times until he died.=20
504. Vi Seng Tar was allegedly disrobed and beaten on 20 March 1997 by SLORC
soldiers who reportedly found a radio while searching Jong Saai Khao temple=
in
Saai Khao village. They reportedly insisted that the radio was from the Shan
United Revolutionary Army (SURA) and beat Vi Seng Tar, who was said to have
bought the radio in China. The soldiers allegedly forcibly disrobed him and
beat him unconscious three times. Then they allegedly took the monk one mile
south of the temple and were about to kill him when he escaped. The soldiers
reportedly shot after him and missed. Vi Seng Tar is said to have fled to
Thailand.=20
505. U Yana was allegedly killed by SLORC soldiers in March 1997. The=
soldiers
reportedly came to the village in Kunhing township looking for the abbot of=
the
new monastery in the village. When they found him they allegedly tied him to=
a
post for the entire day and the night. They allegedly tied his hands behind=
his
back and dragged him to the other side of the Nam Pang River, where they=
took
his robe and gave him laymen's clothes. Then they allegedly put a rifle on=
his
shoulder and forced him to
look for Shan soldiers. Eventually the soldiers reportedly told a group of=
20
porters, villagers whom they had seized at the same time as the monk, to=
kill
him. When the porters refused, the soldiers are said to have shot him
themselves and to have thrown his body into a valley.=20
506. Information received by the Special Rapporteur indicates that sexual
violence against women, including rape, is frequently committed by members=
of
the tatmadaw in an effort to use, threaten, intimidate and abuse women. The
victims are civilians, often ethnic minority women and girls, and the
perpetrators are reported to come from all ranks within the tatmadaw=
hierarchy.
The Special Rapporteur has received the following information concerning
individual cases.=20
507. Nang Zarm, an 18-year-old Shan girl, was reportedly raped by SLORC=
troops
who came to the village of Waeng Nur on 6 April 1997. SLORC No. 45 IB troops
had come to the village the day before to meet with the community leaders.
While there the first time, a major, whose name is known, reportedly noticed
Nang Zarm. When he returned in plain clothes with some of his men on 6 April=
he
is said to have gone to the house of Nang Zarm and her parents. He=
reportedly
sent her parents out to get food and told his troops to wait downstairs.=
Then
he allegedly went upstairs and raped Nang Zarm. After she complained about=
what
had just happened, the major is said to have denied Nang Zarm's allegations=
and
slapped her until her face was swollen all over.=20
508. Nang Than, a 16-year-old girl, was reportedly raped by a SLORC major=
whose
name is known. On 1 April 1997, the major and some of his troops came to the
house of Nang Than's parents in the village of Wan Beang Khan. He is said to
have sent her parents away and to have told his troops to wait under the=
house.
He allegedly took Nang Than inside, saying that he needed to search the=
house
for illegal possessions. Then he allegedly raped her. Nang Than reported the
rape to other villagers, but when the headman came to question the major,=
the
latter reportedly denied the accusation and beat Nang Than unconscious.=20
509. Nang Hla, aged 16, Nang Sai, Nang Bok and Nang Tun were allegedly raped=
on
2 April 1997 by SLORC soldiers. The alleged rapes happened when the women,=
who
had been forced to move to Kunhing township, had returned to Nong Khan=
village
to retrieve some of their belongings. While they were there, a major whose=
name
is known and 26 soldiers from LI No. 424 were said to have come into the
village. The major reportedly raped the women first and then told his=
soldiers
to rape them as well. Afterwards, the soldiers are believed to have burned=
down
35 houses in the village.=20
510. Nang Sa and Nang Sarm were reportedly raped by SLORC No. 378 LIB=
troops.
The rapes are alleged to have taken place in the village of Nawng Hai on 18
April 1997.=20
511. Nang Pang was reported to have died after being kicked and raped by=
SLORC
soldiers in her own home. The soldiers reportedly came to Wan To Mon village=
in
October 1997 and went to Nang Pang's house and asked her where the headman's
house was. She responded that she did not know. The men allegedly realized=
they
were alone with her and raped her. Afterwards, a lieutenant reportedly=
kicked
her in the chest when she threatened to report the rape to the soldiers'
captain. She is believed to have been hospitalized in Thailand with a=
swollen
heart and lungs and died in January 1998.=20
512. Nang Ing allegedly died as a result of injuries she sustained at the=
hands
of SLORC soldiers who raped and tortured her. She had reportedly returned=
along
with her husband to Wa Na San village to collect their rice. When soldiers
appeared, her husband managed to escape but the soldiers reportedly caught=
Nang
Ing and accused her of giving rice to the insurgents. Then the soldiers
allegedly raped her and poured boiling water on her. Her husband and mother
reportedly found her a few days later and took her to Laikha, the town to=
which
they had been forcibly relocated. Nang Ing is said not to have been taken to=
a
hospital by her relatives for fear of repercussions. She reportedly told her
mother what had happened before she died.=20
513. The Special Rapporteur has also transmitted information on the practice=
of
forced portering, whereby military forces arbitrarily detain civilians for=
the
purpose of forcing them to do heavy work. Most persons who have experienced
forced portering duties have reportedly been ill-treated. Porters unable to
carry their required loads of supplies and ammunition are allegedly often
punished by such methods as repeated beatings with bamboo sticks or rifle=
butts
and deprivation of food, water, rest and medical treatment. In this=
connection,
the Special Rapporteur has received information on the following individual
cases.=20
514. Ai Mart, Pan Zig Ta and Ai Ti, all three from Kung Sarm Kyawng village,
are said to have been seized to be porters while they were fishing on 3=
April
1997. They were allegedly beaten to death near Wan Sai Khao by SLORC troops
from the 55th Division.=20
515. Zai Long was reportedly seized for forced portering duty by SLORC No.=
66
troops on 26 October 1996. He was reportedly seized from Kung Mark Ki Nu
village. The troops allegedly tied both of his hands to a yoke, with which=
he
was forced to carry heavy loads. This reportedly went on for 14 days. For=
much
of this time his hands remained tied and while he was eating soldiers would
untie just one of his hands. Eventually, they reportedly responded to his=
pleas
and untied his hands. However, when he became too weak to carry the heavy=
load
the soldiers allegedly beat him, kicked him and left him in the forest.=20
516. Pa Kler, a Karen Buddhist man from Kawkareik township, Kayin State, was
reportedly killed during forced portering duty in mid-1996. While out=
working
in his field, he was allegedly ordered by a group of 40 soldiers to come=
with
them in order to work as a porter for four days. He reportedly became sick=
and
weak and when he could no longer carry his load of mortars and rice the
soldiers allegedly beat him with the butt of a rifle until he died.=20
517. Hla Du was allegedly tortured and killed when he and nine other men=
were
forced to work as porters in July 1996. He had reportedly been ordered to=
carry
a load of food and ammunition. In front of the other porters, the soldiers=
are
said to have beaten him, gouged his eyes out, broken his limbs and finally
stabbed him to death in the ribs.=20
518. Loon Khem, Waling, Tawna and Ai Mih were reportedly beaten and stabbed=
to
death by SLORC soldiers in February 1997 in Wan Yot. All of the residents of
Wan Yot had been expelled from the village in 1996 and warned not to return.
However, these four men were among a group of six villagers who had returned=
to
Wan Yot in order to etrieve some rice. All six were allegedly seized by=
SLORC
soldiers while they were hiding in a hut in the forest. Two were able to=
escape
and tell others what happened, but the others were allegedly stabbed and=
beaten
to death.=20
519. The Special Rapporteur has also received reports suggesting that forced
relocation of civilians has been carried out on a widespread basis by the
tatmadaw in an attempt to remove groups of ethnic minorities or groups
perceived to adhere to certain political beliefs. The process of forced
relocation has been reported to involve intimidation and threats, as well as
the use of physical force and ill-treatment. The following cases have=
allegedly
occurred in the context of forced relocation.=20
520. Zai Kaw Kam was reportedly arrested and assaulted on 1 November 1996 by
SLORC troops. The soldiers were said to have been ransacking Nam Hoo Loi Mi
village when they found Zai Kaw Kam hiding in a hut. They allegedly tied him=
to
a yoke and took him to the banks of the Nam Taeng river, where they kept him
tied for two days. When troops from Loi Awn military camp in Murngkerng
arrived, they reportedly interrogated him on the accusation of being a=
rebel.
While they interrogated him, the soldiers are reported to have held a=
plastic
sheet over his face three times for 15 to 20 minutes and to have hit him in=
the
face with a gun and a magazine until blood streamed out of his mouth.=20
521. Za Ling, Zik Ta, So Pe Ta and Aye La, aged 13, were allegedly killed=
after
the forced relocation of the village of Wan Nang. The three farmers had gone
back to Wan Nang in search of their cattle. Seventeen soldiers from Kho Lam
military camp reportedly came upon them. A porter who witnessed the incident
allegedly reported that the farmers were interrogated about Shan soldiers,=
each
tied to a tree, then stabbed to death one after another.=20
522. King Htun and his son, Ai Lick, were allegedly murdered and their wives
raped by the tatmadaw. The villagers were reportedly harvesting rice in=
their
fields after the relocation deadline in mid-1997. While other villagers
remained hidden in the field, members of the tatmadaw are said to have=
caught
these two, stabbed them to death and thrown their bodies in the Nam Pang=
river.
Their wives were also reportedly caught. The soldiers allegedly tied the=
women
to a plum tree, stripped them naked and raped them. The women were=
reportedly
held for five days.=20
523. Nang Mai and her brother, Pin Ya, were also reportedly murdered in=
April
1997 when they returned to harvest rice in a town from which they had been
forcibly relocated. Pin Ya was reportedly carrying rice back to Kunhing town
when soldiers shot him dead. Nang Mai, on the other hand, was allegedly=
seized
by the military and raped over five days in the deserted village of Wan Lao.
Then soldiers are said to have covered her with wood and burned her to=
death.=20
Urgent appeals and replies received=20
524. On 27 May 1998, the Special Rapporteur sent an urgent appeal on behalf=
of
Ko Aung Tun and U Myo Htun, who were allegedly currently held incommunicado=
in
solitary confinement in Insein prison. Both were said to have been arrested=
in
February 1998 in connection with the writing and distribution of a book
concerning unrest in the country, and to have been sentenced to imprisonment=
on
charges relating to collaboration with terrorist groups. They were=
reportedly
beaten. Both men were reported to be currently in need of urgent medical
attention. By letter dated 2 July 1998, the Government replied that both=
men
had been sentenced to prison after due process of law for transgressing
existing laws of the land, and were serving their sentences at Insein
Penitentiary. The Government further stated that, in accordance with the
Prisons Acts, both had received visits from their families and each had
received a medical check-up on 8 June 1998 by the Prison Medical Officer.
Neither of them was found to be suffering from any form of grave illness.=20
525. On 23 October 1998, the Special Rapporteur, in conjunction with the
Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent an=
urgent
appeal on behalf of Dr. U Saw Mra Aung, an 80-year-old elected member of
Parliament, who was allegedly arrested on 6 September 1998. On 7 October=
1998,
the State Peace and Development Council reportedly announced that 54 people=
had
been arrested in connection with a conspiracy to "incite unrest" by members=
of
the National League for Democracy and students, said to be allied with=
foreign
organizations. Some of those detained before the 7 October press conference
were severely beaten during interrogation, and may not be receiving such
medical assistance as they might require as a result. By letter dated 3
December 1998, the Government responded that Dr. U Saw Mra Aung had not been
arrested, but was comfortably accommodated at a government house where he=
was
accorded due courtesy and respect. It also indicated that he had unlimited
access to his family. =20
Observations=20
526. The concerns expressed by the Special Rapporteur in his previous report
(E/CN.4/1998/38, para. 141) remain applicable.=20
**************************
Distr.
GENERAL
E/CN.4/1999/39=20
6 January 1999
Original: ENGLISH=20
COMMISSION ON HUMAN RIGHTS
Fifty-fifth session
Item 11 (b) of the provisional agenda=20
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Extrajudicial, summary or arbitrary=
executions
Report of the Special Rapporteur, Ms. Asma Jahangir,
submitted
pursuant to Commission on Human Rights resolution
1998/68
.............
26. =85..
[The Special Rapporteur] is also alarmed by the situation in Myanmar where
government security forces have allegedly continued summary killings of=
unarmed
villagers, most often in the context of forced relocation or forced labour=
for
the security forces.=20
A. Violations of the right to life of women
34. During the period under review, the Special Rapporteur took action on
behalf of 123 women, of whom 106 were identified. The Special Rapporteur
transmitted urgent appeals on behalf of 15 women to the Governments of=
Brazil,
Colombia, Costa Rica, Guatemala, the Islamic Republic of Iran, Peru, Sierra
Leone, the Sudan, Trinidad and Tobago and the United States. She also sent=
an
appeal to the Government of Colombia on behalf of a number of displaced
amilies. In addition, the Special Rapporteur transmitted allegations=
regarding
108 cases of violations of the right to life of women, including 12 minors,
said to have occurred in Belgium (1), Colombia (11), the Democratic Republic=
of
the Congo (3), Indonesia (2), Liberia (1), Myanmar (38), the Philippines=
(1),
Rwanda (43) and Sri Lanka (8). Allegations of a more general nature=
regarding
violations of the right to life of groups of unidentified persons, including
many women, were also sent to the Governments of Algeria and the Federal
Republic of Yugoslavia.=20
35. It should be noted that the figures mentioned above do not necessarily=
show
the actual number of women on whose behalf the Special Rapporteur=
intervened.
First, they reflect only those cases in which it was specifically indicated
that the victim was female. Second, some allegations transmitted by the=
Special
Rapporteur refer to groups of unidentified persons which likely included=
women.
It is a fact that women and children are the main victims of armed conflict=
and
civil unrest. Most of the women on whose behalf the Special Rapporteur took
action were women who received death threats or who were killed in attacks=
or
killings by security forces of the State or by paramilitary groups. The=
Special
Rapporteur is alarmed by reports from Sri Lanka and Myanmar saying that=
several
women had allegedly been gang-raped before being killed. The Special=
Rapporteur
is also concerned about the large number of women killed in the conflict in
Kosovo. Many women are also among growing numbers of people killed by armed
groups in Algeria.=20
38. In the last year large numbers of children have been killed in the=
context
of armed conflict or internal strife in countries such as Algeria, the
Democratic Republic of the Congo, Sri Lanka and the Federal Republic of
Yugoslavia. The Special Rapporteur is also distressed that many children=
were
reportedly among the victims of massacres in the Democratic Republic of the
Congo, Myanmar and Rwanda.
C. Violations of the right to life concerning refugees and internally=
displaced
persons=20
39. During the present reporting period, the Special Rapporteur sent both
urgent appeals and allegations concerning individuals and groups of people=
who
had been displaced, either as refugees or as internally displaced persons,=
and
who had suffered violations or threats of violations of the right to life.=
The
countries to which these communications were sent and the individuals on=
whose
behalf they were transmitted include: 70 peasant families in Colombia who
reported having received death threats from paramilitary groups; 54 Rwandese
refugees in the Democratic Republic of the Congo, who were reportedly killed
while attempting to return to their homeland; and 45 Karen-minority=
villagers
who had been forcibly relocated in Myanmar.=20
G. Violations of the right to life of persons belonging to national, ethnic,
religious or linguistic minorities=20
46. The Special Rapporteur acted on behalf of a variety of persons=
considered
to belong to national, ethnic, religious and/or linguistic minorities in=
their
countries. Both urgent appeals and individual allegations concerning=
violations
of the right to life were transmitted to Governments during the period under
review. This included communications sent to the following countries on=
behalf
of the following persons: the Federal Republic of Yugoslavia on behalf of 80
ethnic Albanians in the province of Kosovo; Sri Lanka concerning over 20
persons belonging to the Tamil minority; Iraq on behalf of four Shi'a=
Muslims;
Nepal concerning the alleged death of a Tibetan monk; and China where one
Tibetan monk was said to have died as a result of torture. In addition,
communications were sent to Brazil on behalf of an indigenous activist from=
the
Xucuru population; to Colombia regarding death threats received by four
indigenous activists and for the alleged killings of two other indigenous
activists; to the Democratic Republic of the Congo, concerning the reported
deaths of 54 Rwandan refugees; to Guatemala, where four individuals working=
for
the Mayan Defence of Guatemala reportedly received death threats; to=
Honduras,
on behalf of two members of the Garifunas indigenous group; to Myanmar,
regarding the reports of 168 deaths of people of Karen ethnicity; and to
Indonesia concerning the death of an East Timorese woman and the situation
facing the ethnic Chinese minority, which remains a matter of concern.
68. During the period under review, the Special Rapporteur continued to=
receive
information relating to impunity. She is particularly disturbed by the=
growing
number of reports of killings by government security forces in Myanmar. The
Special Rapporteur is not aware of any attempt by the Government of Myanmar=
to
bring an end to these abuses, nor is there any indication that the=
Government
intends to investigate the crimes committed in order to bring the=
perpetrators
to justice. The Special Rapporteur is also alarmed by the obvious impunity=
with
which paramilitary forces in Colombia have continued to commit systematic=
human
rights violations, including violations of the right to life. Another cause=
for
great concern is the continuing violence in the Great Lakes region,
particularly in the Democratic Republic of the Congo and Rwanda, where
Government-controlled forces, acting in a climate of apparent impunity and
lawlessness, have reportedly committed large-scale atrocities, including
massacres of civilians.=20
*********
COMMISSION ON HUMAN RIGHTS
Fifty-fifth session
Item 11 (b) of the provisional agenda=20
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Extrajudicial, summary or arbitrary=
executions
Report of the Special Rapporteur, Ms. Asma Jahangir,
submitted
pursuant to Commission on Human Rights resolution
1998/68
Addendum
Country situations
.............
Myanmar
164. The Special Rapporteur received a large number of reports of alleged
killings during the period under review. Forced village relocations, forced
portering and labour for the military suffered mostly by ethnic minorities,=
and
the impunity of the security forces remain situations for concern from the
perspective of extrajudicial, summary, or arbitrary executions. Sources=
claim
that many ethnic minorities, particularly the Karen, have had to flee to
refugee camps in Thailand. Additionally, it should be noted that many of=
those
killed were women, children and elderly people.=20
165. For an in-depth analysis of the human rights situation in the country,=
the
Special Rapporteur refers to the reports submitted by the Special Rapporteur=
on
the situation of human rights in Myanmar to the General Assembly at its
fifty-third session (A/53/364) and to the Commission on Human Rights at its
fifty-fifth session (E/CN.4/1999/29).=20
Communications sent=20
166. The Special Rapporteur transmitted the following allegations to the
Myanmar Government:=20
(a) Regarding persons who returned to the villages from which they were
forcibly relocated to harvest crops or gather livestock and were reportedly
killed, allegations were transmitted on the following persons: Sai La, Nang=
Lu,
Nang Mon (12), Nang Li, Sai Wa-Ling, Sai Lu, Sai Suay-La, Nang Suay-Khin,=
Loong
Sarm-Tao, Nang Lek, Sai Aw-Wa-Ta, Sai Wi-Zik-Ta, Nang Suay-Yunt, Loong=
Ma-La,
Sai Nan-Ti-Ya, Nang Phawng, Nyo Awng, Ping Nya, Wi Ling Ta, Nang Kyar, Nang
Kyawt, Pan Ta, Nang Tarn, Tar Li, Ping-Nyar, Ai Nyar, Pan Ti Ta, Ai Kaw, Sai
Tun, So Na, Nang Kahm (15), Nang Yong, On Ta, Pe Htee, Za Ling, Zik Ta, So=
Pe
Ta, Aye La (13), Nang Ing, Ti Mat, Pin Ya and Ko Ling;=20
(b) Regarding persons accused of participating in or aiding insurgent groups
who were reportedly killed, allegations were transmitted on the following
persons: Loong Su, Nang Nu, Hla Soe, Naw Lah Kweh, Loong Kaw Ya, Loong Aw,
Loong Leng, Loong Hawm, Sai Ma La, Sai Taw Na, Sai Awng La, Sai Wi Yig Ta,=
Sai
Saw Nan Ta, Sai Ya Zing Ta, Nang Non Zing, Nang Harn, Nang Poi, Nang Lu,=
Nang
La, Kae Lar, Parn La, Ya Ying Ta, Zai Saw Ying Na, Aw Pae Ta, Wa Lik Ta, Nya
Na, Phaw Ka, Kaw Ling, Wi Mar Lar, Nang Suay Han, Nang Man, Zai Mar Lar, Zai
Too, Loong Sai Long, Loong
Yawd Kham, Loong Sai Long, Loong Yawd Kham, Loong Par Hla, Loong Thi, Sai=
Hla
Kyi, Sai Tee Ya, Sai Kham, Sai Nu, Sai Myo, Sai Leang, Sai Ar Lee Ya, Sai Vi
Sing Tar, Sai Kar Vi, Sai Vi Mar Lar, Nang Pong, Nang Aye, Nang Pool, Nang=
Kham
Arm, Nang Parng and Nang Soi;=20
(c) Regarding the alleged killings of villagers near their homes or through
forced labour assignments, allegations were transmitted on the following
persons: Nang Ying-Yunt (17), Loong Kank Sai, Pa Nya Paw, Loong, Mu, Loong=
La,
Loong Sai Long, Awng Sa, Loong Loi Kham, Parn La, Awng Mya, Kham Leng, Loong
Mung, Loong Loo, Ta Naw, Awng Thun, Sai Harn, Loong Pan-Ta, Loong Kham-Leng,
Sai Thun-Nae and Khin Maung Win;=20
(d) Regarding the alleged killing of political detainees and monks,=
allegations
were transmitted concerning the case of U Tin Shwe, a 67-year-old lawyer and
prominent writer, and Venerable Yan Na and Venerable Ein Taga, both monks; =
=20
(e) Regarding refugees reportedly killed in transit, allegations were
transmitted concerning Nang Kham, Nang Lu (17), Nang Oom (16) and Nang La=
Koi
(16).=20
167. In addition to these allegations, the Special Rapporteur also=
transmitted
allegations concerning violations of the right to life on behalf of 49
unidentified persons.=20
Observations=20
168. The Special Rapporteur is deeply dismayed by the large number of
allegations of the violation of the right to life by State actors which she
continues to receive. She finds the impunity enjoyed by these persons most
abhorrent and notes that many of the deaths reported occurred owing to=
alleged
forced portering, forced relocations, and violence against women. She also
regrets that ethnic minorities, especially the Karen population, appear to=
be
targeted for these abuses. She would encourage the Government to institute
democratic practices as soon as possible and to take steps to ensure its
population's human rights by bringing those who commit violations of these
rights to justice. She further regrets that the Government of Myanmar has=
not
responded to her communications and looks forward to receiving these replies=
in
the future.=20
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<font face=3D"Arial, Helvetica">EXTRACTS ON BURMA (MYANMAR) FROM THE 1999
REPORTS OF THE SPECIAL RAPPORTEUR ON TORTURE AND THE SPECIAL RAPPORTEUR
ON SUMMARY OR ARBITRARY EXECUTIONS<br>
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E/CN.4/1999/61 <br>
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12 January 1999<br>
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COMMISSION ON HUMAN RIGHTS<br>
Fifty-fifth session<br>
Item 11 (a) of the provisional agenda<br>
<br>
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CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:<br>
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TORTURE AND DETENTION<br>
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Report of the Special Rapporteur, Sir Nigel S, Rodley, submitted<br>
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pursuant to Commission on Human Rights resolution 1998/38<br>
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Myanmar<br>
<br>
Regular communications and replies received <br>
<br>
490. By letter dated 29 September 1998, the Special Rapporteur advised
the Government that he had received information on the following cases.
<br>
<br>
491. James Leander Nichols, the consular representative for Norway,
Denmark, Finland and Switzerland, reportedly died in custody on 22 June
1996, allegedly as a result of ill-treatment. He had reportedly recently
been sentenced to three years' imprisonment and a fine for illegal
possession of communication equipment. He had allegedly been arrested
because of his relationship with Daw Aung San Suu Kyi. He had been
taken to Insein Special Prison in May 1996, where he was said to have
been interrogated several times by Military Intelligence Service
officers. Upon his arrival, he was reportedly forced to sit in a poun-san
position, i.e., to sit cross-legged on the floor with his hands on his
knees, back straight and head bowed. Despite the fact that he was
suffering from acute dysentery and diabetes, he was allegedly not given
either proper food or medicines. His<br>
health is believed to have quickly deteriorated. It is not clear whether
an autopsy was performed. To date authorities are believed not to have
satisfactorily replied to the four above-named countries' endeavours to
obtain a full written account of events leading up to and surrounding his
demise. This case was already mentioned in the report of the Special
Rapporteur on the situation of human rights in Myanmar to the General
Assembly in 1996 (A/51/466, para. 77). <br>
<br>
492. Thar Nyunt Oo, a leader of the student movement, was arrested in
September 1990 and sentenced by the Special Military Court to five years'
imprisonment. He was detained at Insein prison from September 1990 until
November 1991. He was reportedly Interrogated during the first two
weeks, during which time he was confined to a small cell under continuous
strong light, the intensity of which would be increased if he refused to
answer a question. He was deprived of sleep for 60 or 70 hours at a time,
beaten and kicked, and made to stand on his toes for hours at a time;
meanwhile, his legs were kept in irons with manacles around his ankles
and an iron bar between his legs. In 1991, Thar Nyunt Oo and other
prisoners who had gone on strike were said to have been placed in
solitary confinement and kept in leg irons. They were allegedly forced to
stand with their upper bodies bent forward for up to 30 hours. They were
reportedly prohibited from bathing for one month and were forced to make
admissions of guilt. Thar Nyunt Oo was transferred to Thayet prison in
November 1991 and then to Monywa prison in December 1992. He was finally
released in November 1994. He resumed his political activities and was
forced to flee the country in December 1996. <br>
<br>
493. Loong Pain Nyar was allegedly beaten to the point of unconsciousness
by 30 oldiers of the State Law and Order Restoration Council
(SLORC) on 30 March 1997. On the accusation that the villagers had
supplied Shan soldiers with food, the soldiers are said to have burned
down the village of Wan Mai Si Lee and beaten Loong Pain Nyar, the
headman of the village. <br>
<br>
494. Zai Nyunt was allegedly beaten and killed by SLORC No. 515 troops
from Laikha on 13 November 1996 near Wan Lauy village. The soldiers
allegedly tied him up with a rope and beat him repeatedly while they
questioned him. Eventually, since they did not obtain satisfactory
answers from Zai Nyunt, the soldiers allegedly threw him, tightly bound
by the rope, into the Nam Taeng river. His body is said to have been
found after six days by some villagers. <br>
<br>
495. Na Ling and Loong Thark Khe were allegedly murdered and Maha Wee,
Sai Thun, Pae Ti and Maha Tum, as well as two women, Nai Lu Mae and Nang
Suay Oong were reportedly tied up and beaten by the SLORC No. 332 troops.
The soldiers allegedly looted Long Maw village on 27 January 1997. <br>
<br>
496. Pi Laek, Loong Yawd, Sang Wan Na, Kup Kham, Nang Hawng, Zai Mawng,
Zai Li, Sang Wan Na and Nang Ngern Lu, aged 12, all villagers from Sai
Murng were reportedly beaten by SLORC No. 43 troops on 10 February 1997.
The soldiers allegedly destroyed property in the village and murdered
Loong Aung. <br>
<br>
497. Loong Mae Tha and Loong Khur Harn were reportedly murdered and Zai
Awng Pa, Nan Ta To and Nang Sa reportedly badly beaten by SLORC soldiers
between 29 August 1996 and 15 February 1997. The five above-named
persons, residents of Kun Sai and Wan Mai, were allegedly forced to leave
their villages on 10 February 1996. Since that time, soldiers are
reported to have ill-treated anyone they see who has returned to the
farms or paddy fields of the two villages. Villagers have allegedly been
beaten, arrested, or forced to go with the soldiers and deprived of food.
The two murdered villagers, Loong Mae Tha and Loong Khur Harn, were
reportedly beaten to death in the bush outside the village on 23 January
1997. <br>
<br>
498. Zarae Wan Na, Mu Ling, Pu Zan Da, Ar Law Ka, Ai Long, Ai Lu, aged
15, and Zai Saw, all seven from Loi Keng village, were reportedly
arrested and five of them beaten on 11 November 1996 when SLORC troops
allegedly ransacked the village. The soldiers are alleged to have tied
the five to trees and beaten them, before going back to loot the village.
<br>
<br>
499. Pa Nya Paw, a Karen Buddhist, died allegedly as a result of being
tortured by the army (tatmadaw) during interrogation. He was reportedly
detained and interrogated by Division 22 of the tatmadaw in early April
1997 and allegedly asked if he knew the whereabouts of the Karen National
Liberation Army (KNLA) and who owned the village threshing machine. The
soldiers allegedly punched and kicked him, breaking his limbs. They
reportedly smothered him with plastic and poured boiling water over his
head. <br>
<br>
500. Loong Awng La and his wife, Pa Leng, and their daughter, Nang Nu
Harn were allegedly assaulted by SLORC troops from Laikha in their home
on 20 April 1997. Fifty SLORC No. 64 IB soldiers reportedly took Loong
Awng La to another house and tied him up. In addition the soldiers
allegedly raped Pa Leng and Nang Nu Harn. <br>
<br>
501. The Special Rapporteur transmitted to the Government the following
information concerning monks allegedly tortured or ill-treated. <br>
<br>
502. Venerable Ein Taga was allegedly tortured to death in late March
1997 by SLORC No. 524 LIB troops at Kyawng Long monastery in Kho Lam.
They disrobed him and dragged him with his hands tied all the way to Kho
Lam military base, where they allegedly interrogated him while torturing
him and beating him until he died. <br>
<br>
503. Venerable Yan Na, the abbot of Kaeng Kham village temple, was
allegedly drowned in late March 1997 by SLORC No. 246 troops. He was
reportedly arrested at his monastery in Kunhing township. The soldiers
are said to have disrobed him before taking him away for questioning.
During interrogation they reportedly bound his hands and feet, put him in
a sack, tied the sack closed and submerged him in a stream. He was
allegedly held under water for a few minutes and then brought up again
and asked more questions. This process was allegedly completed several
times until he died. <br>
<br>
504. Vi Seng Tar was allegedly disrobed and beaten on 20 March 1997 by
SLORC soldiers who reportedly found a radio while searching Jong Saai
Khao temple in Saai Khao village. They reportedly insisted that the radio
was from the Shan United Revolutionary Army (SURA) and beat Vi Seng Tar,
who was said to have bought the radio in China. The soldiers allegedly
forcibly disrobed him and beat him unconscious three times. Then they
allegedly took the monk one mile south of the temple and were about to
kill him when he escaped. The soldiers reportedly shot after him and
missed. Vi Seng Tar is said to have fled to Thailand. <br>
<br>
505. U Yana was allegedly killed by SLORC soldiers in March 1997. The
soldiers reportedly came to the village in Kunhing township looking for
the abbot of the new monastery in the village. When they found him they
allegedly tied him to a post for the entire day and the night. They
allegedly tied his hands behind his back and dragged him to the other
side of the Nam Pang River, where they took his robe and gave him
laymen's clothes. Then they allegedly put a rifle on his shoulder and
forced him to<br>
look for Shan soldiers. Eventually the soldiers reportedly told a group
of 20 porters, villagers whom they had seized at the same time as the
monk, to kill him. When the porters refused, the soldiers are said to
have shot him themselves and to have thrown his body into a valley.=20
<br>
<br>
506. Information received by the Special Rapporteur indicates that sexual
violence against women, including rape, is frequently committed by
members of the tatmadaw in an effort to use, threaten, intimidate and
abuse women. The victims are civilians, often ethnic minority women and
girls, and the perpetrators are reported to come from all ranks within
the tatmadaw hierarchy. The Special Rapporteur has received the following
information concerning individual cases. <br>
<br>
507. Nang Zarm, an 18-year-old Shan girl, was reportedly raped by SLORC
troops who came to the village of Waeng Nur on 6 April 1997. SLORC No. 45
IB troops had come to the village the day before to meet with the
community leaders. While there the first time, a major, whose name is
known, reportedly noticed Nang Zarm. When he returned in plain clothes
with some of his men on 6 April he is said to have gone to the house of
Nang Zarm and her parents. He reportedly sent her parents out to get food
and told his troops to wait downstairs. Then he allegedly went upstairs
and raped Nang Zarm. After she complained about what had just happened,
the major is said to have denied Nang Zarm's allegations and slapped her
until her face was swollen all over. <br>
<br>
508. Nang Than, a 16-year-old girl, was reportedly raped by a SLORC major
whose name is known. On 1 April 1997, the major and some of his troops
came to the house of Nang Than's parents in the village of Wan Beang
Khan. He is said to have sent her parents away and to have told his
troops to wait under the house. He allegedly took Nang Than inside,
saying that he needed to search the house for illegal possessions. Then
he allegedly raped her. Nang Than reported the rape to other villagers,
but when the headman came to question the major, the latter
reportedly denied the accusation and beat Nang Than unconscious. <br>
<br>
509. Nang Hla, aged 16, Nang Sai, Nang Bok and Nang Tun were allegedly
raped on 2 April 1997 by SLORC soldiers. The alleged rapes happened when
the women, who had been forced to move to Kunhing township, had returned
to Nong Khan village to retrieve some of their belongings. While they
were there, a major whose name is known and 26 soldiers from LI No. 424
were said to have come into the village. The major reportedly raped the
women first and then told his soldiers to rape them as well. Afterwards,
the soldiers are believed to have burned down 35 houses in the village.
<br>
<br>
510. Nang Sa and Nang Sarm were reportedly raped by SLORC No. 378 LIB
troops. The rapes are alleged to have taken place in the village of Nawng
Hai on 18 April 1997. <br>
<br>
511. Nang Pang was reported to have died after being kicked and raped by
SLORC soldiers in her own home. The soldiers reportedly came to Wan To
Mon village in October 1997 and went to Nang Pang's house and asked her
where the headman's house was. She responded that she did not know. The
men allegedly realized they were alone with her and raped her.
Afterwards, a lieutenant reportedly kicked her in the chest when she
threatened to report the rape to the soldiers' captain. She is believed
to have been hospitalized in Thailand with a swollen heart and lungs and
died in January 1998. <br>
<br>
512. Nang Ing allegedly died as a result of injuries she sustained at the
hands of SLORC soldiers who raped and tortured her. She had reportedly
returned along with her husband to Wa Na San village to collect their
rice. When soldiers appeared, her husband managed to escape but the
soldiers reportedly caught Nang Ing and accused her of giving rice to the
insurgents. Then the soldiers allegedly raped her and poured boiling
water on her. Her husband and mother reportedly found her a few days
later and took her to Laikha, the town to which they had been forcibly
relocated. Nang Ing is said not to have been taken to a hospital by her
relatives for fear of repercussions. She reportedly told her mother what
had happened before she died. <br>
<br>
513. The Special Rapporteur has also transmitted information on the
practice of forced portering, whereby military forces arbitrarily detain
civilians for the purpose of forcing them to do heavy work. Most persons
who have experienced forced portering duties have reportedly been
ill-treated. Porters unable to carry their required loads of supplies and
ammunition are allegedly often punished by such methods as repeated
beatings with bamboo sticks or rifle butts and deprivation of food,
water, rest and medical treatment. In this connection, the Special
Rapporteur has received information on the following individual cases.
<br>
<br>
514. Ai Mart, Pan Zig Ta and Ai Ti, all three from Kung Sarm Kyawng
village, are said to have been seized to be porters while they were
fishing on 3 April 1997. They were allegedly beaten to death near Wan Sai
Khao by SLORC troops from the
55</font><font face=3D"Arial, Helvetica" size=3D1><sup>th</font></sup><font=
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Division. <br>
<br>
515. Zai Long was reportedly seized for forced portering duty by SLORC
No. 66 troops on 26 October 1996. He was reportedly seized from Kung Mark
Ki Nu village. The troops allegedly tied both of his hands to a yoke,
with which he was forced to carry heavy loads. This reportedly went on
for 14 days. For much of this time his hands remained tied and while he
was eating soldiers would untie just one of his hands. Eventually, they
reportedly responded to his pleas and untied his hands. However, when he
became too weak to carry the heavy load the soldiers allegedly beat him,
kicked him and left him in the forest. <br>
<br>
516. Pa Kler, a Karen Buddhist man from Kawkareik township, Kayin State,
was reportedly killed during forced portering duty in mid-1996. While out
working in his field, he was allegedly ordered by a group of 40 soldiers
to come with them in order to work as a porter for four days. He
reportedly became sick and weak and when he could no longer carry his
load of mortars and rice the soldiers allegedly beat him with the butt of
a rifle until he died. <br>
<br>
517. Hla Du was allegedly tortured and killed when he and nine other men
were forced to work as porters in July 1996. He had reportedly been
ordered to carry a load of food and ammunition. In front of the other
porters, the soldiers are said to have beaten him, gouged his eyes out,
broken his limbs and finally stabbed him to death in the ribs. <br>
<br>
518. Loon Khem, Waling, Tawna and Ai Mih were reportedly beaten and
stabbed to death by SLORC soldiers in February 1997 in Wan Yot. All of
the residents of Wan Yot had been expelled from the village in 1996 and
warned not to return. However, these four men were among a group of six
villagers who had returned to Wan Yot in order to etrieve some
rice. All six were allegedly seized by SLORC soldiers while they were
hiding in a hut in the forest. Two were able to escape and tell others
what happened, but the others were allegedly stabbed and beaten to death.
<br>
<br>
519. The Special Rapporteur has also received reports suggesting that
forced relocation of civilians has been carried out on a widespread basis
by the tatmadaw in an attempt to remove groups of ethnic minorities or
groups perceived to adhere to certain political beliefs. The process of
forced relocation has been reported to involve intimidation and threats,
as well as the use of physical force and ill-treatment. The following
cases have allegedly occurred in the context of forced relocation. <br>
<br>
520. Zai Kaw Kam was reportedly arrested and assaulted on 1 November 1996
by SLORC troops. The soldiers were said to have been ransacking Nam Hoo
Loi Mi village when they found Zai Kaw Kam hiding in a hut. They
allegedly tied him to a yoke and took him to the banks of the Nam Taeng
river, where they kept him tied for two days. When troops from Loi Awn
military camp in Murngkerng arrived, they reportedly interrogated him on
the accusation of being a rebel. While they interrogated him, the
soldiers are reported to have held a plastic sheet over his face three
times for 15 to 20 minutes and to have hit him in the face with a gun and
a magazine until blood streamed out of his mouth. <br>
<br>
521. Za Ling, Zik Ta, So Pe Ta and Aye La, aged 13, were allegedly killed
after the forced relocation of the village of Wan Nang. The three farmers
had gone back to Wan Nang in search of their cattle. Seventeen soldiers
from Kho Lam military camp reportedly came upon them. A porter who
witnessed the incident allegedly reported that the farmers were
interrogated about Shan soldiers, each tied to a tree, then stabbed to
death one after another. <br>
<br>
522. King Htun and his son, Ai Lick, were allegedly murdered and their
wives raped by the tatmadaw. The villagers were reportedly harvesting
rice in their fields after the relocation deadline in mid-1997. While
other villagers remained hidden in the field, members of the tatmadaw are
said to have caught these two, stabbed them to death and thrown their
bodies in the Nam Pang river. Their wives were also reportedly caught.
The soldiers allegedly tied the women to a plum tree, stripped them naked
and raped them. The women were reportedly held for five days. <br>
<br>
523. Nang Mai and her brother, Pin Ya, were also reportedly murdered in
April 1997 when they returned to harvest rice in a town from which they
had been forcibly relocated. Pin Ya was reportedly carrying rice back to
Kunhing town when soldiers shot him dead. Nang Mai, on the other hand,
was allegedly seized by the military and raped over five days in the
deserted village of Wan Lao. Then soldiers are said to have covered her
with wood and burned her to death. <br>
<br>
<br>
Urgent appeals and replies received <br>
<br>
524. On 27 May 1998, the Special Rapporteur sent an urgent appeal on
behalf of Ko Aung Tun and U Myo Htun, who were allegedly currently held
incommunicado in solitary confinement in Insein prison. Both were said to
have been arrested in February 1998 in connection with the writing and
distribution of a book concerning unrest in the country, and to have been
sentenced to imprisonment on charges relating to collaboration with
terrorist groups. They were reportedly beaten. Both men were reported to
be currently in need of urgent medical attention. By letter dated 2 July
1998, the Government replied that both men had been sentenced to
prison after due process of law for transgressing existing laws of the
land, and were serving their sentences at Insein Penitentiary. The
Government further stated that, in accordance with the Prisons Acts, both
had received visits from their families and each had received a medical
check-up on 8 June 1998 by the Prison Medical Officer. Neither of them
was found to be suffering from any form of grave illness. <br>
<br>
525. On 23 October 1998, the Special Rapporteur, in conjunction with the
Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent an
urgent appeal on behalf of Dr. U Saw Mra Aung, an 80-year-old elected
member of Parliament, who was allegedly arrested on 6 September 1998. On
7 October 1998, the State Peace and Development Council reportedly
announced that 54 people had been arrested in connection with a
conspiracy to "incite unrest" by members of the National League
for Democracy and students, said to be allied with foreign organizations.
Some of those detained before the 7 October press conference were
severely beaten during interrogation, and may not be receiving such
medical assistance as they might require as a result. By letter dated 3
December 1998, the Government responded that Dr. U Saw Mra Aung had not
been arrested, but was comfortably accommodated at a government house
where he was accorded due courtesy and respect. It also indicated that he
had unlimited access to his family. <br>
<br>
Observations <br>
<br>
526. The concerns expressed by the Special Rapporteur in his previous
report (E/CN.4/1998/38, para. 141) remain applicable. <br>
<br>
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6 January 1999<br>
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Original: ENGLISH <br>
<br>
<br>
COMMISSION ON HUMAN RIGHTS<br>
Fifty-fifth session<br>
Item 11 (b) of the provisional agenda <br>
<br>
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CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:<br>
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DISAPPEARANCES AND SUMMARY EXECUTIONS<br>
<br>
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Extrajudicial, summary or arbitrary executions<br>
<br>
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Report of the Special Rapporteur, Ms. Asma Jahangir, submitted<br>
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pursuant to Commission on Human Rights resolution 1998/68<br>
<br>
<br>
.............<br>
<br>
26. =85..<br>
<br>
[The Special Rapporteur] is also alarmed by the situation in Myanmar
where government security forces have allegedly continued summary
killings of unarmed villagers, most often in the context of forced
relocation or forced labour for the security forces. <br>
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A. Violations of the right to life of women<br>
<br>
34. During the period under review, the Special Rapporteur took action on
behalf of 123 women, of whom 106 were identified. The Special Rapporteur
transmitted urgent appeals on behalf of 15 women to the Governments of
Brazil, Colombia, Costa Rica, Guatemala, the Islamic Republic of Iran,
Peru, Sierra Leone, the Sudan, Trinidad and Tobago and the United States.
She also sent an appeal to the Government of Colombia on behalf of a
number of displaced amilies. In addition, the Special Rapporteur
transmitted allegations regarding 108 cases of violations of the right to
life of women, including 12 minors, said to have occurred in Belgium (1),
Colombia (11), the Democratic Republic of the Congo (3), Indonesia (2),
Liberia (1), Myanmar (38), the Philippines (1), Rwanda (43) and Sri Lanka
(8). Allegations of a more general nature regarding violations of the
right to life of groups of unidentified persons, including many women,
were also sent to the Governments of Algeria and the Federal Republic of
Yugoslavia. <br>
<br>
35. It should be noted that the figures mentioned above do not
necessarily show the actual number of women on whose behalf the Special
Rapporteur intervened. First, they reflect only those cases in which it
was specifically indicated that the victim was female. Second, some
allegations transmitted by the Special Rapporteur refer to groups of
unidentified persons which likely included women. It is a fact that women
and children are the main victims of armed conflict and civil unrest.
Most of the women on whose behalf the Special Rapporteur took action were
women who received death threats or who were killed in attacks or
killings by security forces of the State or by paramilitary groups. The
Special Rapporteur is alarmed by reports from Sri Lanka and Myanmar
saying that several women had allegedly been gang-raped before being
killed. The Special Rapporteur is also concerned about the large number
of women killed in the conflict in Kosovo. Many women are also among
growing numbers of people killed by armed groups in Algeria. <br>
<br>
38. In the last year large numbers of children have been killed in the
context of armed conflict or internal strife in countries such as
Algeria, the Democratic Republic of the Congo, Sri Lanka and the Federal
Republic of Yugoslavia. The Special Rapporteur is also distressed that
many children were reportedly among the victims of massacres in the
Democratic Republic of the Congo, Myanmar and Rwanda.<br>
<br>
<br>
C. Violations of the right to life concerning refugees and internally
displaced persons <br>
<br>
39. During the present reporting period, the Special Rapporteur sent both
urgent appeals and allegations concerning individuals and groups of
people who had been displaced, either as refugees or as internally
displaced persons, and who had suffered violations or threats of
violations of the right to life. The countries to which these
communications were sent and the individuals on whose behalf they were
transmitted include: 70 peasant families in Colombia who reported having
received death threats from paramilitary groups; 54 Rwandese refugees in
the Democratic Republic of the Congo, who were reportedly killed while
attempting to return to their homeland; and 45 Karen-minority villagers
who had been forcibly relocated in Myanmar. <br>
<br>
<br>
G. Violations of the right to life of persons belonging to national,
ethnic, religious or linguistic minorities <br>
<br>
46. The Special Rapporteur acted on behalf of a variety of persons
considered to belong to national, ethnic, religious and/or linguistic
minorities in their countries. Both urgent appeals and individual
allegations concerning violations of the right to life were transmitted
to Governments during the period under review. This included
communications sent to the following countries on behalf of the following
persons: the Federal Republic of Yugoslavia on behalf of 80 ethnic
Albanians in the province of Kosovo; Sri Lanka concerning over 20 persons
belonging to the Tamil minority; Iraq on behalf of four Shi'a Muslims;
Nepal concerning the alleged death of a Tibetan monk; and China where one
Tibetan monk was said to have died as a result of torture. In addition,
communications were sent to Brazil on behalf of an indigenous activist
from the Xucuru population; to Colombia regarding death threats received
by four indigenous activists and for the alleged killings of two other
indigenous activists; to the Democratic Republic of the Congo, concerning
the reported deaths of 54 Rwandan refugees; to Guatemala, where four
individuals working for the Mayan Defence of Guatemala reportedly
received death threats; to Honduras, on behalf of two members of the
Garifunas indigenous group; to Myanmar, regarding the reports of 168
deaths of people of Karen ethnicity; and to Indonesia concerning the
death of an East Timorese woman and the situation facing the ethnic
Chinese minority, which remains a matter of concern.<br>
<br>
68. During the period under review, the Special Rapporteur continued to
receive information relating to impunity. She is particularly disturbed
by the growing number of reports of killings by government security
forces in Myanmar. The Special Rapporteur is not aware of any attempt by
the Government of Myanmar to bring an end to these abuses, nor is there
any indication that the Government intends to investigate the crimes
committed in order to bring the perpetrators to justice. The Special
Rapporteur is also alarmed by the obvious impunity with which
paramilitary forces in Colombia have continued to commit systematic human
rights violations, including violations of the right to life. Another
cause for great concern is the continuing violence in the Great Lakes
region, particularly in the Democratic Republic of the Congo and Rwanda,
where Government-controlled forces, acting in a climate of apparent
impunity and lawlessness, have reportedly committed large-scale
atrocities, including massacres of civilians. <br>
<br>
*********<br>
<br>
COMMISSION ON HUMAN RIGHTS<br>
Fifty-fifth session<br>
Item 11 (b) of the provisional agenda <br>
<br>
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CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:<br>
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DISAPPEARANCES AND SUMMARY EXECUTIONS<br>
<br>
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Extrajudicial, summary or arbitrary executions<br>
<br>
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Report of the Special Rapporteur, Ms. Asma Jahangir, submitted<br>
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p;
pursuant to Commission on Human Rights resolution 1998/68<br>
<br>
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Addendum<br>
<br>
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Country situations<br>
<br>
.............<br>
<br>
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bsp; =
Myanmar<br>
<br>
164. The Special Rapporteur received a large number of reports of alleged
killings during the period under review. Forced village relocations,
forced portering and labour for the military suffered mostly by ethnic
minorities, and the impunity of the security forces remain situations for
concern from the perspective of extrajudicial, summary, or arbitrary
executions. Sources claim that many ethnic minorities, particularly the
Karen, have had to flee to refugee camps in Thailand. Additionally, it
should be noted that many of those killed were women, children and
elderly people. <br>
<br>
165. For an in-depth analysis of the human rights situation in the
country, the Special Rapporteur refers to the reports submitted by the
Special Rapporteur on the situation of human rights in Myanmar to the
General Assembly at its fifty-third session (A/53/364) and to the
Commission on Human Rights at its fifty-fifth session (E/CN.4/1999/29).
<br>
<br>
Communications sent <br>
<br>
166. The Special Rapporteur transmitted the following allegations to the
Myanmar Government: <br>
<br>
(a) Regarding persons who returned to the villages from which they were
forcibly relocated to harvest crops or gather livestock and were
reportedly killed, allegations were transmitted on the following persons:
Sai La, Nang Lu, Nang Mon (12), Nang Li, Sai Wa-Ling, Sai Lu, Sai
Suay-La, Nang Suay-Khin, Loong Sarm-Tao, Nang Lek, Sai Aw-Wa-Ta, Sai
Wi-Zik-Ta, Nang Suay-Yunt, Loong Ma-La, Sai Nan-Ti-Ya, Nang Phawng, Nyo
Awng, Ping Nya, Wi Ling Ta, Nang Kyar, Nang Kyawt, Pan Ta, Nang Tarn, Tar
Li, Ping-Nyar, Ai Nyar, Pan Ti Ta, Ai Kaw, Sai Tun, So Na, Nang Kahm
(15), Nang Yong, On Ta, Pe Htee, Za Ling, Zik Ta, So Pe Ta, Aye La (13),
Nang Ing, Ti Mat, Pin Ya and Ko Ling; <br>
<br>
(b) Regarding persons accused of participating in or aiding insurgent
groups who were reportedly killed, allegations were transmitted on the
following persons: Loong Su, Nang Nu, Hla Soe, Naw Lah Kweh, Loong Kaw
Ya, Loong Aw, Loong Leng, Loong Hawm, Sai Ma La, Sai Taw Na, Sai Awng La,
Sai Wi Yig Ta, Sai Saw Nan Ta, Sai Ya Zing Ta, Nang Non Zing, Nang Harn,
Nang Poi, Nang Lu, Nang La, Kae Lar, Parn La, Ya Ying Ta, Zai Saw Ying
Na, Aw Pae Ta, Wa Lik Ta, Nya Na, Phaw Ka, Kaw Ling, Wi Mar Lar, Nang
Suay Han, Nang Man, Zai Mar Lar, Zai Too, Loong Sai Long, Loong<br>
Yawd Kham, Loong Sai Long, Loong Yawd Kham, Loong Par Hla, Loong Thi, Sai
Hla Kyi, Sai Tee Ya, Sai Kham, Sai Nu, Sai Myo, Sai Leang, Sai Ar Lee Ya,
Sai Vi Sing Tar, Sai Kar Vi, Sai Vi Mar Lar, Nang Pong, Nang Aye, Nang
Pool, Nang Kham Arm, Nang Parng and Nang Soi; <br>
<br>
(c) Regarding the alleged killings of villagers near their homes or
through forced labour assignments, allegations were transmitted on the
following persons: Nang Ying-Yunt (17), Loong Kank Sai, Pa Nya Paw,
Loong, Mu, Loong La, Loong Sai Long, Awng Sa, Loong Loi Kham, Parn La,
Awng Mya, Kham Leng, Loong Mung, Loong Loo, Ta Naw, Awng Thun, Sai Harn,
Loong Pan-Ta, Loong Kham-Leng, Sai Thun-Nae and Khin Maung Win; <br>
<br>
(d) Regarding the alleged killing of political detainees and monks,
allegations were transmitted concerning the case of U Tin Shwe, a
67-year-old lawyer and prominent writer, and Venerable Yan Na and
Venerable Ein Taga, both monks; <br>
<br>
(e) Regarding refugees reportedly killed in transit, allegations were
transmitted concerning Nang Kham, Nang Lu (17), Nang Oom (16) and Nang La
Koi (16). <br>
<br>
167. In addition to these allegations, the Special Rapporteur also
transmitted allegations concerning violations of the right to life on
behalf of 49 unidentified persons. <br>
<br>
<br>
Observations <br>
<br>
168. The Special Rapporteur is deeply dismayed by the large number of
allegations of the violation of the right to life by State actors which
she continues to receive. She finds the impunity enjoyed by these persons
most abhorrent and notes that many of the deaths reported occurred owing
to alleged forced portering, forced relocations, and violence against
women. She also regrets that ethnic minorities, especially the Karen
population, appear to be targeted for these abuses. She would encourage
the Government to institute democratic practices as soon as possible and
to take steps to ensure its population's human rights by bringing
those who commit violations of these rights to justice. She further
regrets that the Government of Myanmar has not responded to her
communications and looks forward to receiving these replies in the
future. <br>
<br>
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