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NLD Statement 55 translated
National Leagur for Democracy
No:(97/B), West Shwegondine Road
Bahan Township, Bahan
Statement No: 55 (4/99)
1. On 19 March 1999, Daw Than Than Htay, a member of the National
League for Democracy was admitted to the Thingangyun Sanpya(Model)
Hospital for emergency surgery because of ruptured appendix.
2. On the evening of the 23 March 1999 at about 17:00 hours, an
individual said to be Deputy Police Superintendent Thoung Naing, and
one constable went to the hospital and accompanied by the doctor on
duty for admission entered Daw Than Than Htay's room where doctors and
nurses were present. He questioned the doctor in attendance about Daw
Than Than Htay's address -- whether 18, South Dagon shown on the
patient's medical record was correct or whether her place of residence
was in Magwe Division.
3. The doctor politely replied that because of the patient's
critical ruptured appendix, an emergency operation had to be performed
and it was against the ethics of the medical profession to discuss the
private affairs of patients such as their names and addresses.
4. The said Deputy Superintendent repeated his question with an
authoritative voice and claimed that he was a member of the police
force. ( He was in mufti and not in police uniform). He then said that
he wanted to know all about the patient, the operation, her medical
condition while his companion (also in mufti) grabbed the patient's
medical record out of the hands of the nurse who was in attendance and
copied something from the record. Seizing the medical and personal
details of a patient without the permission of the doctor in-charge
amounts to a violation of the professional ethics of doctors and
police and accordingly the doctor voices his objection. He said that
the patient had undergone an emergency operation, and without
reasonable cause he could not divulge the private and personal
circumstances of his patient. Entering and demanding the private
details of the patient in this fashion amounted to bullying and was
intolerable. Then the said deputy superintendent stated that politics
was involved. The doctor then replied that he needed legal and written
authorisation.
5. The said deputy superintendent's response was that since his
duty was in relation to political criminals there was no need to
produce identification cards. The doctor then replied that even if
they could produce identification cards, and even if there is a
presumption that a patient is a political prisoner, he could not
divulge any details without authorisation from a court of law. The two
men got very agitated and left at about 17:30 hours threatening to
report the matter to the hospital superintendent.
6. The term "political criminals" used by the said deputy
superintendent Thoung Naing is defamatory and an insult to all the
eminent politicians who have sacrificed their lives to obtain
independence for their country and all political activists who are
suffering in the struggle for the good of the country.
7. The said deputy superintendent of police has acted in a manner
that brings shame to the police force and lowers its prestige because
he has insulted the people whose safety he has a duty to protect and
abused the power and authority which has been entrusted in him. Not
only did he fail to acknowledge the human rights of a hospitalised
patient but also disrupted the doctor who was performing his duties
and failed to observe his legal duties. We therefore urge the
authorities to take appropriate action to prevent such wrong doing in
the future.
Central Executive Committee
National League for Democracy
Rangoon
7 April 1999
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