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UNCHR: TORTURE (BURMA)



EXTRACTS ON BURMA FROM THE 1998 REPORT OF THE SPECIAL RAPPORTEUR ON TORTURE


Economic and Social Council
Distr. GENERAL 
E/CN.4/1998/38 
24 December 1997 
Original: ENGLISH

COMMISSION ON HUMAN RIGHTS 
Fifty-fourth session 
Item 8 (a) of the provisional agenda 

QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM OF
DETENTION OR IMPRISONMENT, IN PARTICULAR: TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT 

Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant
to Commission on Human Rights resolution 1997/38 


Myanmar 


By letter dated 21 February 1997, the Special Rapporteur informed the
Government that he had received reports indicating that the army (tatmadaw)
had continued to use torture and ill-treatment against members of ethnic
minorities in the Shan and Mon States and the Tanintharyi (Tenasserim)
Division. Persons forced to perform portering duties for the army and
villagers suspected of having links with armed opposition groups were said
to be most vulnerable to such practices. Porters unable to carry their
required loads of supplies and ammunition were allegedly often punished by
such methods as repeated beatings with bamboo sticks or rifle butts and
deprivation of food, water, rest and medical treatment.

The Special Rapporteur had also been informed that a number of persons who
were forced to perform unpaid labour by the tatmadaw on construction
projects had allegedly been subjected to ill-treatment, including by being
held in chains and receiving inadequate food and medical care. 

Furthermore, the Special Rapporteur advised the Government that he had
received information according to which a number of persons had allegedly
been beaten by the police during student demonstrations in Yangon in
December 1996. 

By its letter dated 25 April 1997, the Government stated generally, with
respect to the student demonstrations in December 1996, that there had been
no single incident leading to bloodshed. Concerning the general allegations
of the treatment of porters by members of the armed forces, the Government
informed the Special Rapporteur that the armed forces sometimes had to
employ civilian labourers for transportation of supplies and equipment over
difficult terrain in remote areas when launching operations against armed
groups. The law provided for the hiring of civilian labourers to assist the
armed forces on active duty. Such recruitment was done after consultations
with the local authorities and based on three criteria: the civilians
had to be unemployed; physically fit to work as porters; and a reasonable
amount of wages had to be fixed and agreed upon before recruiting. Civilian
labourers thus recruited were never required to accompany the troops to the
actual scene of battle, neither were they exposed to danger. The respective
military unit had the responsibility of paying wages and transport charges
and providing accommodation, food and medical coverage for the hired
labourers. There also existed volunteer porters and professional porters
who earned their living by offering their services as porters. The porters
were treated well by the armed forces. 

The Government further responded to general allegations transmitted in
1996, concerning abuses said to have been carried out by the Democratic
Kayin Buddhist Army (DKBA), which was reported to receive logistical,
tactical and other support from the tatmadaw (E/CN.4/1997/7, para. 146).
The Government stated that the DKBA was the fighting unit of the Democratic
Kayin Buddhist Organization (DKBO), which broke away from the armed
terrorist group Kayin National Union (KNU) in 1994, due to dissatisfaction
with the leadership. When the KNU launched a massive offensive against the
DKBO in January 1995, during which hundreds of people, including civilians,
were killed, the local inhabitants had requested assistance from the
tatmadaw. The Government stated that, since the aspirations of the DKBO had
revealed the sincerity of their wishes for peace and stability of the
region and coincided with those of the Government, the tatmadaw had
provided the necessary logistical support. While the DKBA launched its
assault on the KNU headquarters, tatmadaw units secured the rear with the
aim of protecting nearby villages from attack by KNU remnants. Armed
clashes had broken out at times between the forces of the KNU and the DKBO.
As the Government had not yet held any official peace talks with the DKBO,
and as the DKBO had yet to return to the legal fold, the Myanmar
authorities had no control over the DKBO. Neither could the authorities be
held responsible for the activities of the DKBO.  


The Special Rapporteur also transmitted to the Government six newly
reported cases, two of them collective, on behalf of eight individuals and
retransmitted a number of cases, submitted in 1995 and 1996, to which no
reply had been received. In addition, he made two urgent appeals in
conjunction with the Special Rapporteur on the situation of human rights in
Myanmar on behalf of 15 individuals and some unnamed relatives of two of
them. The Government replied to one newly reported individual case and 12
previously transmitted allegations concerning 39 individuals.  


Observations 

The Special Rapporteur appreciates the responses of the Government.
Nevertheless, he notes the conclusions of the Special Rapporteur on the
situation of human rights in Myanmar that "the practice of torture,
portering and forced labour continue to occur in Myanmar, particularly in
the context of development programmes and counter-insurgency operations in
minority-dominated regions". (A/52/484, para. 147) 

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Economic and Social Council 
Distr. GENERAL 
E/CN.4/1998/38/Add.1 
24 December 1997 
Original: ENGLISH 

COMMISSION ON HUMAN RIGHTS 
Fifty-fourth session 
Item 8 (a) of the provisional agenda 

QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO 
ANY FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR: TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 

Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant
to Commission on Human Rights resolution 1997/38 

Addendum 

Summary of cases transmitted to Governments and replies received 

Myanmar 

   1.By letter dated 21 February 1997, the Special Rapporteur transmitted a
number of cases of alleged torture or ill-treatment to one of which the
Government replied, as summarized below. 


   2.Ana, a member of the Akha ethnic minority, was reportedly forcibly
taken for portering work in February 1995, after some 800 soldiers entered
his village in Tachilek township. After two weeks, he was allegedly beaten
and kicked to death by soldiers, being unable to work as he was suffering
from malaria.  

   3.Mi Aul, aged 15, and Mi She, aged 16, from the Akha ethnic minority,
had reportedly been taken from a village in Mong Hsat by members of the
tatmadaw to perform portering duties in April 1995 and were allegedly raped
repeatedly for six nights. They were reportedly released after paying
bribes. Subsequently, the girls allegedly stopped eating and sleeping, and
both died. 


   1.In early April 1996, U Pa Pa Lay and U Lu Zaw were reportedly forced
to work with iron bars shackled across their legs at a labour camp in
Kachin State, leaving U Pa Pa Lay gravely ill. 


   2.The Special Rapporteur also transmitted information according to which
a number of persons had allegedly been beaten by the police during student
demonstrations in Yangon in December 1996. In this connection, he submitted
three individual cases. U Myo Thant, a local reporter, and Shigefumi
Takasuka, a Japanese reporter, both working for the Japanese newspaper
Yomiuri Shimbun, were allegedly beaten repeatedly on the head with wooden
clubs and truncheons by police during student demonstrations in Yangon in
the beginning of December. Kampye, a Hindu onlooker during the student
demonstrations on 7 December 1997, was allegedly beaten by police,
including on the head with a stick. He was said to have died after being
taken to hospital. By its letter dated 25 April 1997, the Government
replied that this allegation was totally untrue, as there had been no
single incident leading to bloodshed during the student demonstrations. 


Urgent appeals transmitted and replies received 

   1.The Special Rapporteur transmitted two urgent appeals, on 27 June and
4 November 1997, in conjunction with the Special Rapporteur on the
situation of human rights in Myanmar. 


   2.The first appeal was transmitted on behalf of two trade union members
and their relatives as well as five members of the National League for
Democracy (NLD). U Myo Aung Thant and U Khin Kyaw, both members of the
executive committee of the Federation of Trade Unions-Burma, were
reportedly arrested along with their families by officers of the National
Intelligence Bureau on 13 June 1997. On the same day, the following NLD
members were said also to have been arrested: Khin Maung Win (also known as
Ko Sunny); Cho Aung Than; Daw Khin Ma Than; U Shwe Myint Aung and U Ohn
Myint (over 80 years of age). On 24 July 1997, the Government 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) had 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' unrest. Cho Aung Than had 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 also had secret
contacts with foreigners to send financial aid to Daw Aung San Suu Kyi. Myo
Aung Thant, Cho Aung Than, Khin Maung Win, U Ohn Myint and Nge Ma Ma Than
had 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 added that there was no ground for concerns that 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 and were scrupulously followed by the
authorities concerned. 


   3.The second appeal was made on behalf of eight persons, seven of whom
were said to be leading members of the NLD. They were reportedly arrested
by security forces in the night of 28/29 October 1997 and taken to an
unknown location      following attempts to hold a meeting with Daw Aung
San Suu Kyi at the NLD Mayangone township office on the outskirts of
Yangon, which had been prevented by security forces. Those said to have
been arrested were identified as: Daw May Win Myint, Daw San San, Win Win
Htay, Dr. Than Nyein, Khin Maung Myint, U Soe Myint, U Win Thaung, all NLD
members, and U Mya Thaung, the landlord of the Mayangone NLD office. 


Information received from the Government on cases appearing in previous
reports  

   1.On 30 December 1996, the Government replied to the urgent appeal of 5
December 1996 on behalf of Zaw Win, Tin Hla, Kyaw Soe, Thi Thi Aung and
Than Than Su Win, members of the Youth Wing of the NLD, who had reportedly
been arrested on 3 December 1996 (E/CN.4/1997/7/Add.1, para. 342). The
Government confirmed the arrest of the first four individuals on the basis
of their involvement in the student protest march from suburban Hledan
Kamayut township to downtown Yangon on 2 December 1996. Than Than Su Win
had never been arrested or detained. The Government further stated that
persons in custody were not subjected to torture or ill-treatment as such
practices were strictly prohibited in Myanmar. 


   2.By its letter of 25 April 1997, the Government transmitted information
on the cases mentioned in the following paragraphs. 


   3.Saw Ther Toe, reportedly arrested in December 1993 by soldiers said to
have stabbed him, burnt his eyes out and dragged him through the streets
before executing him in January 1994 (E/CN.4/1996/35/Add.1, para. 460). The
Government stated that Saw Ther Toe had participated in the activities of
the armed terrorist group the Kayin National Union (KNU) by carrying
ammunition and rations for their troops and collecting protection money
from villagers. He had been captured together with 10 other KNU members on
22 November 1993. The Government did not address his alleged torture.  

   4.Khing Kyarn, Ai Lar, Sarng Kham Luam and several others, allegedly
subjected to torture during a raid by soldiers on their villages in
northern Shan state in mid-January 1994 (E/CN.4/1996/35/Add.1, para. 461).
The Government stated that no such incidents had ever occurred. 


   5.Sarng Swe, Sai Aung Maung and others, reported to have been tortured
by troops of the 240th and the 22nd Infantry Regiments
(E/CN.4/1996/35/Add.1, paras. 462, 467), and the alleged torture of Naw
Psaw Po, Naw Hser Chit and Po Li Kee (E/CN.4/1996/35/Add.1, para. 463). The
Government stated that the allegations were not true. 


   6.Equally untrue were allegations of torture of Maung Chit, Maung Shwe
Lher, Saw Thay Ler, Saw Per Klas and Por Ker Ra (E/CN.4/1996/35/Add.1,
para. 464). Only Maung Chit had been identified as a resident of Shwe Kyi
village, where no military movements had taken place at the time of the
allegations, according to the Government.  


   7.Sai Be, Maung Paloke and Daw Mu Larong from the villages of Ma Khae
and upper Karen Tike, reportedly subjected to torture by soldiers in early
1994, said to have led to the death of two of them (E/CN.4/1996/35/Add.1,
para. 465). The Government replied that neither Ma Khane village nor Upper
Kaying Taik village existed in Hpekon township or adjoining areas and that
no such incidents had occurred. 


   8.Sai Sarng, Lung Khin and Sarn Pya, allegedly tortured to death by
soldiers in 1994 (E/CN.4/1996/35/Add.1, para. 466). The Government denied
that any of them had died as a result of torture. Sai Sarng had in fact
never been arrested. Lung King had been called by the authorities in view
of his failure to report on the movements of the armed drug-trafficking
terrorist group Murng Tai Army (MTA) in Worn Fai Lim village. He was in
very poor health and had passed away while staying in the camp. Sarn Pya,
who was mentally disturbed, had collapsed and died of exhaustion on 18
April 1994, while running away when troops of the 425th Infantry Regiment
had entered the village of Worn Fai Lin to search for terrorists. He was
suffering from malaria at the time of his death. 


   9.Saw Pa Aye, Saw Potha Dah, Deepa Leh and his son, allegedly tortured
by the military in 1994 (E/CN.4/1996/35/Add.1, paras. 468-469). The
Government responded that the allegations were not true.  


  10.Naw K'ser Paw and Naw Ta Blu Htoo, two women allegedly detained and
tortured at Tham Bo camp (E/CN.4/1996/35/Add.1, para. 470), had not been
found on the list of detainees at Than Bo police station. The Government
further stated that the camp had been temporarily established to
accommodate captured members of armed groups and their sympathizers, but
was no longer in existence. 


  11.The name of Sai Lone, from Tachilek, who had reportedly been arrested
and tortured by soldiers in 1993 on accusation of membership of the Murng
Tai Army (E/CN.4/1996/35/Add.1, para. 471), equally did not appear on the
list of persons arrested by the 359th Infantry Regiment. According to the
records, only one person called Sai Lone had appeared before court during
1993-1994. He had been sentenced to three months' imprisonment on 14
January 1994 for illegal possession of a dagger.

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