E/CN.4/2001/66

16. During the period under review, the Special Rapporteur sent 66 letters to 60 countries on behalf of about 650 individuals and 28 groups involving about 2,250 persons. About 125 were known to be women and 50 were known to be minors. Together with individual cases, the Special Rapporteur also transmitted to Governments 19 allegations of a more general nature. The Special Rapporteur also sent 35 letters reminding the Governments of the following countries of a number of cases that had been transmitted in previous years: ……Myanmar (1996, 1997 and 1998),

559. On 9 August 2000, the Special Rapporteur sent an urgent appeal on behalf of ethnic Chin from Myanmar were said to be facing imminent and forcible repatriation to Myanmar  where they allegedly were at risk of torture. The Mizoram state government has issued an order that all ethnic Chin and other asylum-seekers from Myanmar must leave India on or before 31 August 2000. The Mizoram state authorities reportedly began arresting these individuals, who they claim are illegal migrants, on 25 July. At least 100 asylum-seekers are said to have been recently returned to Myanmar. Those detained are reportedly held in several jails and police posts, inter alia in Lawngtlai, Saiha, Champhai, and Lunglei, under the Foreigners Act, which is said to make no provision for the claiming of asylum. The Mizoram police in Saiha, in the Chimtuipui district, reportedly arrested 79 people which are believed to be at imminent risk of being handed over to the Myanmar Armed Forces stationed in Vuangtu village, Thantlang township, in Chin state.

776. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he had received information according to which the conditions of detention in several prisons and Military Intelligence detention centres amount to cruel, inhuman or degrading treatment. Convicted prisoners are reportedly tortured for breaking prison regulations. The reported lack of medical assistance, combined with an inadequate diet, is feared to have serious consequences for prisoners with a fragile health and to aggravate the situation of those that have been incarcerated while already suffering from bad health. Some prisoners have reportedly been placed for long periods of time in tiny cells meant for dogs. The conditions of detention in the prisons of Insein, Myitkyina, Kachin State, Thayet, Myingyan and Tharrawaddy are reported to be especially harsh. Cases of torture and other forms of ill-treatment of prisoners in the Military Intelligence detention centres are reported. In particular, torture of political detainees is believed to be routine, especially during the initial process of interrogation. In particular, the Special Rapporteur transmitted information concerning the following individual cases.
777. Pa Nya Paw, a Karenni Buddhist, was reportedly tortured to death in early April 1997. He was reportedly detained and interrogated by Division 22 of the armed forces (tatmadaw) about the whereabouts of the Karen National Liberation Army (KNLA). During his interrogation the army officers allegedly punched and kicked him until his limbs were broken, smothered him with plastic and poured boiling water on him. He reportedly died from his injuries.
778. Daw May Win Mint an elected Member of Parliament from the National League for Democracy (NLD), was reportedly arrested on 28 October 1997 after an attempt by the NLD to hold a meeting with its leader, Daw Aung San Suu Kyi, in Mayangone. She was allegedly deprived of water and mishandled during interrogation.
779. James Mawdsley, a citizen of the United Kingdom and Australia, was reportedly arrested on 31 August 1999 in Tachilek and was held in solitary confinement in Kengtung prison. He was allegedly tortured for 14 hours during his previous incarceration, in May 1998, by being forced to stand blindfolded for hours at a time without water, or by being laid on the floor, a bamboo stick across his legs, with two men sitting on either end of the stick and rolling it back and forwards along his shins. The reason for his detention is believed to be his activism against the policies of the Government. He is reported to have been openly threatened with violence on 23 February 2000 by a prison official after he tried to complain to him about the difficult conditions of solitary confinement.
780. U Win Tin, a journalist arrested in July 1989, was allegedly submitted to harsh conditions of imprisonment during his time in Insein prison. He was repeatedly severely beaten by prison guards and held in a former guard-dog kennel and kept in solitary confinement for almost a year. He was then reportedly transferred in 1997 from Myingyan jail to Rangoon General Hospital. He is still believed to be held in prison.
781. Daw San San Nwe, a journalist and writer, was reportedly arrested in August 1994, allegedly for passing information to foreign journalists, and sentenced to 10 years’ imprisonment. In 1998 she was said to be held in a very bad health condition in Insein prison. She was said to be suffering from high blood pressure, heart problems and paralysis on the right side of her body.
782. U Myo Htun was allegedly arrested in connection with his contribution to the writing of a history of the student movement in Myanmar and sentenced to 10 years’ imprisonment in March 1998. He was reportedly severely beaten and is being held in a poor health condition in Insein prison.
783. Ma Khin Khin Leh was reportedly arrested along with 18 others in July 1999 in Bago, in connection with her husband’s alleged activities as a pro-democracy activist. She was reportedly taken to MI 3 headquarters in Bago, before being transferred to Wakteka near Phaungyi, and then to Insein prison. After being sentenced to life imprisonment on 3 December 1999, she was reportedly transferred in January 2000 from Insein prison to an unknown location. She was reportedly tortured during interrogation, and is now suffering from lung disease. She is believed to have been denied appropriate medical treatment.
784. Moe Kalayar Oo was reportedly arrested on 20 February 1995, along with more than 50 other people, at the funeral in Yangon of U Nu, a well-known politician. She was sentenced to seven years’ imprisonment. She is said to have been initially detained in Insein prison, where she was reportedly held in solitary confinement because she complained about being denied medication. She is believed to be currently detained in Thayawaddy prison, Bago division. She is reported to be in a bad health condition and to be suffering from suspected osteoporosis and tuberculosis.
785. U Thein Tin reportedly died as a result of torture in February 1998 during his detention in Insein prison.
786. Aung Kyaw Moe was reportedly beaten to death during a hunger strike in Tharawaddy prison in May 1998.
787. Khin Zaw Win, who was reportedly arrested in 1994, is said to have been badly tortured in early 1996. He is believed to be held in poor health conditions.
788. The Special Rapporteur continued to transmit information according to which several cases of human rights violations, including torture and other forms of ill-treatment, took place in the context of widespread counter-insurgency activities against armed ethnic minority opposition groups still fighting the Government. Civilians are reportedly at risk of torture by the military, who appear to often assume that they support or are even members of such groups. During counter-insurgency activities against Shan armed forces, armed forces personnel have reportedly subjected Shan villagers to torture. The alleged long-standing practice by the armed forces of forced labour and portering in many parts of the country is said to be also prevalent in Shan State. Since several army battalions were brought into Chin State after 1988, forced labour, forced portering, extortion and torture of suspects by the army have been widespread. Moreover, several Chin Christian pastors and laymen belonging to the Thantlang Baptist Association of the Zomi Baptist Convention were allegedly subjected to arbitrary arrest and torture. In particular, the Special Rapporteur transmitted information concerning the following individual cases.
789. Loon Khem, Waling, Tawna and Ai Mih, all Shan villagers from Wan Yot, were reportedly stabbed and beaten to death in February 1997 after having been seized by troops of the tatmadaw. They had reportedly returned to their village, which had been burnt down by the military forces, in order to collect some rice stores, although they had been warned by the military that they would be shot on sight if they did so.
790. The Special Rapporteur transmitted information about the widespread practice of forcible relocations in the Kayin, Kayah and Shan States. They appear to be carried out solely on account of the ethnic origin or perceived political beliefs of those who are relocated. The conditions in the relocation sites are believed to be life-threatening. They reportedly include overcrowding, lack of sanitation and medical care, lack of safe drinking water, lack of sufficient food supplies. The Special Rapporteur transmitted information concerning recent widespread incidents of torture by the military in Kayah State (since 1993) and in Shan State (since 1996), which are believed to have occurred in the context of the forcible internal displacement of civilians. In particular, the Special Rapporteur has received information concerning the following individual cases.
791. King Htun and his son Ai Lick, two villagers from Kunhing township, were harvesting rice in their fields after the relocation deadline in mid-1997 when they were reportedly stabbed to death by the tatmadaw. Their wives were also reportedly seized, tied to a tree, stripped naked and raped.
792. Nang Mai, from Nai Mai village, Kunhing township, was reportedly seized in April 1997 by the military while returning to her village to get rice after her forcible relocation in Kunhing town. She is said to have been raped over a period of five days in Wan Lao, a deserted village. She was then allegedly covered with pieces of wood and burned to death.
793. U Yana, a Buddhist monk from Kunhing township, was reportedly killed during the forcible relocation process that took place in March 1997. Government troops came to the village and detained 60 men, whom they released after they found U Yana. The soldiers reportedly tied him to a post for a whole night and a whole day, in the sun. He was then reportedly forced at gunpoint to go and search for Shan soldiers and taken away together with 20 porters. After a while the soldiers allegedly told the porters to kill the monk. They are said to have refused, so the soldiers reportedly shot him and threw his body down a valley.
794. Aye Pong, an 11-year-old girl from a village located in Nam Zarng township, was allegedly raped and killed in September 1997. She is said to have returned with her 25-year-old brother and an unidentified woman to their village after having been forcibly relocated, in order to retrieve a bullock and a cart. Government troops reportedly shot her brother dead and raped her and the other woman, before killing her and the bullock. The other woman is said to have been released after serving some time as a porter.
795. The Special Rapporteur has also continued to receive information about cases of torture in the context of forced labour duties performed by prisoners, as well as by ordinary civilians. Extrajudicial punishment of labourers can amount to physical abuse, beatings, rape and torture, sometimes even murder. The health, safety and other basic needs of forced labourers are reportedly disregarded by the authorities, often leading to death by accident or sickness. According to the information received, several factors, including the lack of proper food, clothing and resting time, are believed to lead the forced labourers to rapid exhaustion, which in turn results in their being frequently beaten or otherwise physically abused by soldiers. It is also believed that porters, including women, are often sent ahead in particularly dangerous situations as in suspected minefields, resulting in serious casualties. The practice of forced portering is said to occur mostly in the areas where armed ethnic minority groups are active. The Rapporteur transmitted information concerning the following individual cases.
796. Mi Reh, an animist farmer from De Ri Dah village, was reportedly beaten to death by troops of the tatmadaw in September 1998. He had returned to his village in order to harvest his rice crop when he was caught by the tatmadaw and forced to carry ammunition. He was allegedly beaten with a rifle butt and kicked because he walked too slowly. He is said to have made his way back to his family hiding in the forest, but he reportedly died two weeks later for lack of medical assistance.
797. Pa Kler, a Karenni Buddhist rice farmer from Kawkareik township, Kayin State, was reportedly killed during forced portering duty in mid-1996. He is said to have become very weak and sick, to the point that he was no longer able to carry his load. The soldiers reportedly beat him to death with their rifle butts and left his body unburied by the main road, one hour by car from Kawkareik.
798. Hla Du, a Karenni from Kawkareik township, Kayin State, was allegedly one of 10 men forced to carry ammunition and food supplies for the government forces in July 1996. He was allegedly beaten, had his eyes gouged out, his limbs broken, and was finally stabbed to death in his ribs by the soldiers for unspecified reasons.
799. Pa Di, a farmer from Bilin township, Thaton district, Mon State, was reportedly called as a porter in September 1998. After having refused, he is said to have been beaten with sticks to the point of unconsciousness by soldiers, who then reportedly stabbed him to death.
800. The Special Rapporteur has also received information according to which women, in particular those members of ethnic minority groups, have been subjected to torture and rape at the hands of the military authorities. Those incidents have reportedly occurred in several types of context, including forcible relocation, forced labour and counter-insurgency activities against armed opposition groups. In particular, the Special Rapporteur transmitted information about the following individual cases.
801. Naw Po Thu, a 12-year-old girl from Ha Ta Re village tract, Hpa’an district, was allegedly raped and killed by government armed forces personnel in October 1998. She was taken with two other people to act as guides for troops based in Myawaddy. She was allegedly raped by a major and managed to escape, but was captured and raped again and then shot dead. When the body was recovered, witnesses reportedly found that a gunshot wound from a handgun had entered the body at the vagina and exited at the chin. The major is said to have given the girl’s family minor compensation for her death.
802. Nang Pang, a woman from Wan To Mon village, Murnpan township, reportedly died in the aftermath of having been raped and kicked by government soldiers in October 1997. After she threatened to tell their captain, a lieutenant allegedly kicked her in the chest and threatened to kill her. She is said to have been taken to Thailand in December 1997 in order to get medical treatment, but she reportedly died in January 1998 because her family could not afford to pay for surgery.
803. By letter dated 23 October 2000, the Special Rapporteur reminded the Government of a number of cases transmitted in 1996, 1997 and 1998 regarding which no reply had been received.

Urgent appeals

804. On 9 June 2000, the Special Rapporteur sent an urgent appeal on behalf of Daw Khin Nu and Daw Chaw, both aged in their late 60s or early 70s. They were reportedly arrested on 27 May 2000 in Rangoon and were said to be currently detained in Insein prison without access to their families or proper medical care. They were arrested allegedly because they had let their property to the National League for Democracy (NLD), the main opposition party in Myanmar. On 27 May, the NLD had reportedly celebrated the tenth anniversary of its 1990 election victory and had held a ceremony at their headquarters there. Both women are reportedly being denied essential medication, which they must take on a regular basis.

By the same urgent appeal, the Special Rapporteur advised the Government that he had received information according to which in the run-up to the above-mentioned anniversary, a considerable number, possibly hundreds, of NLD members and supporters had been arrested. More than 150 persons were said to have been arrested on politically motivated charges in the first five months of 2000 by the State Peace and Development Council (SPDC). Those arrested allegedly include NLD youth organizers, members of local organizing committees and at least 12 members of the parliament-elect. They were said to have been detained incommunicado. Observations

805. The consistency of the reports reaching the Special Rapporteur over the years with the general allegations referred to in the paragraphs above leads him to conclude that there is sufficient substance to them to give cause for the gravest concern. The apparent pervasive impunity of the security forces must be seen as an essential factor.

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E/CN.4/2001/53

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58. The Commission on Human Rights could be described as the moral conscience of the United Nations system. In its resolution 2000/10, it requests the Special Rapporteur to deal with "the realization of the right to food". The Special Rapporteur has received information from a number of NGOs reporting particularly blatant cases of violations of the right to food in several countries. After studying these reports, he requested further details and clarifications. He then wrote to the Governments concerned, drawing their attention to the allegations made against them and requesting substantiated replies. The allegations concerned Honduras, Myanmar and Palestine in particular. The Special Rapporteur will be able to report to the Commission once he has received replies from the Governments concerned.

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E/CN.4/2001/9

B. Communications

12. During the period under review the Special Rapporteur transmitted 116 urgent appeals to the Governments of the following countries: Argentina (2), Bolivia (4), Brazil (6), Burundi (1), Canada (1), China (4) Colombia (25), Democratic Republic of the Congo (1), Côte d’Ivoire (1), Cuba (1), Ecuador (1), Egypt (1), Gambia (1), Guatemala (4), Equatorial Guinea (1), Honduras (3), India (2), Indonesia (4), Iran (Islamic Republic of) (4), Israel (1), Jamaica (1), Jordan (1), Lebanon (1), Mexico (7), Nepal (1), Nicaragua (1), Myanmar (1), Oman (1), Pakistan (2), Peru (4), Philippines (1), Russian Federation (2), Sri Lanka (2), Tajikistan (1), United Arab Emirates (1), United States of America (11), Uzbekistan (5), Venezuela (2), Yemen (2) and Zimbabwe (1). She also sent one urgent appeal to the Palestinian Authority. Among the urgent appeals sent by the Special Rapporteur 43 were transmitted jointly with other mechanisms of the Commission on Human Rights, such as the Special Rapporteur on the question of torture, the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on violence against women, the Special Rapporteur on the human rights of migrants, the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the Special Representative on the situation of human rights in the Islamic Republic of Iran, the Representative of the Secretary-General on internally displaced persons and the Representative of the Secretary-General on human rights defenders.

14. In addition, the Special Rapporteur transmitted allegations regarding violations of the right to life of more than 700 individuals to the Governments of the following 37 countries: Algeria (1), Angola (1), Bangladesh (1), Bolivia (1), Burundi (3), China (8), Colombia (19), Congo (1), Côte d’Ivoire (3), Cuba (3), Democratic Republic of the Congo (3), Dominican Republic (1), Ethiopia (1), Guatemala (3), Honduras (1), India (9), Indonesia (2), Israel (8), Jamaica (1), Jordan (1), Kenya (1), Mexico (3), Myanmar (12), Namibia (1),

C. Deaths in custody

30. The Special Rapporteur transmitted allegations of the death in custody of 38 persons to the Governments of the following countries: Bangladesh (1), China (8), Congo (1), Cuba (1), India (2), Israel (1), Kenya (1), Mexico (1), Myanmar (1), Namibia (1), Nepal (1), Pakistan (2), Peru (1), Spain (1), Sri Lanka (2), Tunisia (2), Turkey (1) and Uzbekistan (1). The Special Rapporteur also transmitted one allegation to the Palestinian Authority. One urgent appeal was sent to the Government of Bolivia.

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SPECIAL RAPPORTEUR ON RELIGIOUS INTOLERANCE

E/CN.4/2001/63

101. On 12 June 2000, the State Peace and Development Council allegedly ordered the demolition of a Pentacostal church in Cherry Street, Haka, capital of Chin State, even though the building had been erected in 1999 with the approval of the Ministry of Religious Affairs.

102. In Arakan State, the authorities are apparently pursuing a discriminatory policy against the Rohingya community because of its adherence to Islam. On 5 June 2000 a decree was issued which extended these restrictions to Hindus and Muslims working for non-governmental and intergovernmental organizations. Persons in this category must henceforth apply to the Department of Immigration for permission to travel in Arakan State. The discrimination takes the form of delayed travel authorizations and additional costs.

103. The authorities are pursuing an intolerant and discriminatory religious policy. As far as Buddhism - the dominant faith - is concerned, the authorities have reportedly started to monitor Buddhist communities through nine officially recognized monastic orders. The religious life of the Christian minority has been obstructed, through interference with religious services in Chin and Karen States and the prevention of church building in Kachin State. The Muslim minority is said to be denied freedom of religion. Since 1999, anti-Islamic leaflets accusing Muslims of scheming to subvert other religions and establish an Islamic fundamentalist regime in Myanmar have been distributed at the instigation of the authorities. This discriminatory policy, together with the destruction and closure of mosques, has resulted in an exodus of 21,000 Rohinga Muslims from Arakan State since 1992.

180. Based on the communications he has received, the Special Rapporteur has been able to undertake a general survey of the situation in the field of religion and belief in accordance with and under the terms of his mandate.

182. …. the issue is one of discriminatory or intolerant policies, legislation or State practice, or even indifference on the part of State institutions which is prejudicial to minorities, be they of the "major religions" or other religious and faith-based communities. Such minorities are mainly affected by:

(a) Threats to their very existence as a specific community (campaigns to eradicate Christian minorities in the Lao People’s Democratic Republic, Jehovah’s Witnesses and Baptists in Turkmenistan and members of Falun Gong in China; anti-Muslim policies in Myanmar; the banning of the Faydal Djaria Muslim community in Chad; Egyptian jurisprudence and practice; and the situation of Baha’is in the Islamic Republic of Iran);

(b) Direct or indirect restrictions on displays of religion or belief (prohibition in fact or in law of certain public displays of minority religion or belief in the Maldives, Saudi Arabia, Bhutan, Myanmar and Nepal; refusal to register religious and faith-based communities, thereby threatening all or some activities connected with religion and belief in Kazakhstan, Nauru, Uzbekistan and Turkmenistan; non-recognition of conscientious objection, no provision for alternative civilian service, and the punitive nature of this civilian service by reason of its duration, which particularly affects the Jehovah’s Witnesses and other religious and faith-based communities in Belarus, the Republic of Korea, Eritrea, the former Yugoslav Republic of Macedonia and Ukraine; the absence or inadequacy of instruction in minority religions in educational establishments in Greece and Norway);

188. …. the communications dealt with in this report demonstrate the persistence of State policies that have an impact on the freedom of religion and belief of minorities (see above) and of the majority (in Myanmar, China and Viet Nam, for example). The difficult and strained relationship between politics and religion, illustrated inter alia by extremism, can often have tragic consequences, such as the inter-faith clashes in Nigeria following the attempted introduction of the sharia, or the violence in the wake of the presidential elections in Côte d’Ivoire.

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E/CN.4/2001/65

161. The Special Rapporteur has taken note of the report of the Special Rapporteur on the Commission of Human Rights on the situation of human rights in Myanmar (A/55/359, paras. 27-29). The report stated that "the administration of justice is greatly marked by legal and factual constraints that are inconsistent with judicial independence. Not only are the courts not independent but they are also powerless in protecting the rights of victims in violations of their basic rights". The report also noted that there was a lack of information on whether the system of the administration of justice had changed or as to whether repressive laws from the former colonial regime were no longer being applied in a manner that violated fundamental human rights.

162. The Special Rapporteur will continue to monitor the situation.

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E/CN.4/2001/64

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1. Together with the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur sent an urgent appeal on 11 April 2000 concerning U Than Chaun, the 70-year-old owner of a coffee shop in Shwe-Goo township, Kachin State. Arrested on 18 December 1999 because he reportedly had tuned in to a Voice of America programme, he was allegedly charged on 19 January 2000 under article 505 (B) of the Criminal Code and sentenced to two years’ imprisonment. It was reported that he had no access to legal representation and that he was suffering from medical problems which were becoming life-threatening in detention.
2. On 4 August 2000, the Special Rapporteur transmitted a joint urgent appeal with the Chairman-Rapporteur of the Working Group on Arbitrary Detention regarding the arrest and detention, on 24 June 2000, by local government officials in Magwe Division, of Thaung Sein, Soe, Par Lay and Pu, all members of the National League for Democracy (NLD). They had reportedly been trying to contact the International Committee of the Red Cross on behalf of U Wine San, a NLD local leader, who was said to be serving a seven-year prison sentence with hard labour. On 26 June 2000, they were charged with attempting to destabilize the Government and sentenced to two years’ imprisonment with hard labour. It was alleged that the charges against them were purely politically motivated.

Observations

3. The Special Rapporteur regrets that no reply has been received from the Government of Myanmar so far.

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SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN

E/CN.4/2001/73

V. Cases of Violence Against Women in Times of Armed Conflict (1997-2000)

67. The following are cases of violence against women during times of armed conflict as reported by independent fact finders; their stories have been corroborated by more than one source. The list is neither exhaustive nor representative, but it serves to point to the nature and degree of violence perpetrated against women during times of armed conflict. Some of the case studies were given to the Special Rapporteur in direct testimony, some from official sources including multilateral and international agencies, others are drawn from the reporting of international non-governmental human rights organizations that have been independently corroborated.

10. Myanmar

97. The rape and sexual abuse of women and girls by government forces has been "a regular feature in the mode of operation of the army in its campaign of incursions into the insurgency zones or else in the relocation sites". The Special Rapporteur has received many credible reports of women and girls being raped and sexually abused or threatened with abuse by government troops to intimidate the local population, to extract information from female detainees, and to extract bribes. Women and girls have also been abducted, used as forced labour and forced into "marriages".

98. Nang Zarm Hawm, a 14-year-old girl, was reportedly raped and burned alive at a farm about 3-4 miles east of Lai-Kha on 11 May 1998. On that day, a Maj. Myint Than and approximately 90 troops went to a rice farm where Nang Zarm Hawm and her parents had been working. At the time they arrived, Nang Zarm Hawm was alone. "Myint Than asked her about her parents and ordered his soldiers to wait at the edge of the farm and arrest anyone who came to the farm. He then raped Nang Zarm Hawm in the hut several times during the day and at about 4 a.m. burned Nang Zarm Hawm in the hut, and left the place with his troops".

99. The Special Rapporteur on the situation of human rights in Myanmar received information that, "on 31 July 1999, a group of 43 soldiers led by company commander Mo Kyaw and his assistant, Ka Htay, from Fourth Company, Infantry Battalion 101, went to Ta Hpo Hkee, a village near the Kawei and Hpway Plaw massacre sites, where they captured a group of seven Karen civilians, including a nine-year-old girl and a pregnant woman, and killed them. Both single women and the nine-year-old girl were reported to have been gang-raped by the soldiers before they were slaughtered. The pregnant woman was killed by a shot fired at the abdominal region".

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