UNITED NATIONS
Economic and Social Council
Distr. GENERAL
E/CN.4/2002/76/Add.1
14 March 2002
Original: ENGLISH/FRENCH/SPANISH* ENGLISH/FRENCH/SPANISH ONLY
COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Item 11 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, Sir Nigel Rodley, submitted
pursuant to Commission on Human Rights resolution 2001/62
Addendum
Summary of cases transmitted to Governments and replies received*
[Extracts on Myanmar. The full report is on
http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/9c7af31ada5f6d62c1256ba700409b01?Opendocument]
Myanmar
1047. By letter dated 24 August 2001, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1048. Sai Pan-Nya, a taxi driver, was reportedly severely beaten by three soldiers of the State Peace and Development Council (SPDC) from the Light Infantry Battalion (LIB) 359 on 8 October 2000 at Kawng Mon village, Ta-Khi-Leak township when he refused to take them to TA Lur because a sick villager needed to be transferred to hospital. Sai Pan-Nya is believed to have been injured and to have required two stitches to the head.
1049. Na-Ling, Sai Taw, Loong Na and Sang Ti, all from Murng Kaed village, Ta-Khi-Laek township, were reportedly arrested by SPDC troops from LIB 529 on 13 October 1998 and beaten on suspicion of having given information to the Shan resistence.
1050. Zit-Ta, the headman of Nawng Pha village, in Murng-Nai township, was reportedly subjected to torture on 18 October 1998 by SPDC troops who were looking for members of the Shan State Army (SSA). When Zit-Ta did not answer, the SPDC commander allegedly ordered his troops to cut his arms, beat him and tie him to a tree while they interrogated his family and stole valuables from his house. Villagers were reportedly ordered to move to Ton Hoong village, in Murng-Nai township, within three days.
1051. Sai Zan, Zit-Ta and Pan-Nya were reportedly severely beaten by SPDC troops from company No. 2 of LIB 328 on 29 October 1998 when fishing near Wan Tap, Murng-Yarng township, and accused of intending to set traps.
1052. Loong Nyo, from Kung Lom village, Kun Mong tract, Murng-Nai township, was severely beaten by SPDC troops of LIB 44 from Kun-Hing in early December 1998, resulting in a broken arm, a fractured skull and brain damage.
1053. Kya Hi, the Lahu headman of Yan Shin village in Murng Ko tract, Ta-Khi-laek township, was severely beaten by SPDC troops from LIB 526 on 6 April 1999, who had demanded that he gather 15 labourers to clear the bushes in the compound of the military base. When he refused, he was reportedly beaten with rifle butts, resulting in a head injury requiring seven stitches.
1054. Sai Kam and Sai Thai, both from Saw Kong village, Murng Phong tract, were reportedly arrested and beaten by SPDC troops from LIB 526 on 21 April 1999, accused of recruiting new soldiers for the Shan State Army - East (SSA-E). Both reportedly suffered serious wounds on the head and body. They were allegedly subsequently released and transferred to a hospital in Mai Sai town in Thailand.
1055. Loong Maha Zai, Loong Lai Seng, Zai Nyunt and Zai Mala were reportedly arrested on 4 May 1999 by SPDC troops from LIB 55 and taken to their military base in Lai-Kha, accused of belonging to the SSA. They were reportedly tied up, interrogated and beaten. On the following day, they were reportedly ordered to pay a fine of 12,000 kyat each or to serve a six-month prison term.
1056. Me Thao Kham Leng, a 70-year-old woman living in Kawng Saang village, Lai-Kha township, was reportedly subjected to ill-treatment by eight SPDC troops from LIB 64 at her house on 4 May 1999. During interrogation about her son, some soldiers reportedly set fire to her sarong, causing severe burns on her thighs, and stole valuables from her house.
1057. Sai Nya-Na and his wife, Naang Man, were reportedly arrested and beaten by SPDC troops of LIB 332 at their military base in Murng-Pan township on 15 May 1999. Sai Nya-Na is alleged to have lost consciousness five times during the beating and Naang Man was allegedly forced to watch. He is reported to have since been detained in the military base.
1058. Kaw-Na, Ma-La, Khat-Ti-Ya, Kun-Na, Zaai Taeng and Zaai Suay, aged 16, were reportedly arrested on 17 May 1999 by SPDC troops from LIB 515 on suspicion of providing rice to Shan soldiers, taken to the SPDC military base in Lai-Kha, and beaten until some of them allegedly lost consciousness. They were allegedly forced to pay 5,000 kyat for their release.
1059. Aai Lawt, Aai Wong and Aai Zang were reportedly arrested by SPDC troops from LIB 334 on 26 May 1999 at Kaeng Khaang village, Murng Yawng township, suspected of knowing that members of the Mong Tai Army (MTA) had hidden their arms in the area. When they denied any knowledge, the three villagers were allegedly severely beaten, as a result of which Aai Lawt suffered a sprained wrist, arm and leg, Aai Wong a sprained wrist and leg and Aai Zang a sprained leg and arm, and cuts requiring stitches.
1060. Sai Waat, Sai Kam, Sai Kaw, Sai Leng, Sai Saw and Sai Pi were reportedly arrested by SPDC troops from LIB 221 on 29 May 1999 in Murng Haai Tai village, Mung-Phyak township, and instructed to become informers for the SPDC, but they refused. They were allegedly made to kneel in line at gunpoint, and were beaten 20 times with a cane.
1061. Sai Pan was reportedly beaten and kicked by a lieutenant from LIB 659 in Ta-Khi-Laek on 1 June 1999, allegedly for failing to sell drugs to him. As a result, he is believed to have sustained bruises all over his body and to have lost three teeth.
1062. Aa Kyuay, the headman of a the Lahu village Wan Li Za in Ta-Khi-Leak township, was reportedly beaten by a soldier from LIB 330 on 6 June 1999 in his village, after he could only supply them with two chickens instead of six. He reportedly received medical attention at a hospital in Mae Sai, in Thailand.
1063. Loong Pan-Nyaa, the headman of Sen Zerm village, Kaeng Tung, was reportedly kicked by members from LIB 244 on 27 June 1999, as he did not gather women of his village to entertain the soldiers.
1064. Zaai Sing Kham, Zaai Kam and Zaai Kan-Ta were reportedly beaten by troops from LIB 333 on 5 September 1999 at Murng Ing village, Murng-Start township, accused of secretly collecting information on the troops. activities for the SSA. They reportedly lost consciousness during the beating.
1065. Naang Phiu-Phang was reportedly beaten and kicked by SPDC troops on 17 October 1999 at her house in Paeng Saang village, Murng-Paeng township. Some hours before, two soldiers had allegedly been beaten by villagers when trying to steal valuables at her father.s house. It is reported that the troop commander subsequently ordered Naang Phiu-Phang.s father, Loong Zaai Pi, to be punished.
1066. Ar Pe, Ar Mi, aged 16, Pu Pur and Ar Lu, all villagers from Sarm Pi, Ta-Khi-Laek township, were reportedly beaten by SPDC troops on 19 October 1999. After having bought food in Thailand, the soldiers allegedly seized it and beat them five times with a stick.
1067. Zaai In Phya, Zaai Ya and Zaai Leng were reportedly arrested by troops from LIB 226 on 1 November 1999, when the troops came to their village, Wan Lawn, Murng Khawn tract, Kaeng-Tung township. The three villagers are said to have been beaten while interrogated about SSA-E and released after other villagers paid 30,000 kyat.
1068. Zaai La, Zaai Pan and Zaai Long Laen were reportedly arrested by troops from LIB 333 on 23 March 2000, at Kawng Mu village, Murng Tawm tract, Murng-Phyak township, accused of being secret intelligence agents of SSA-E, and taken to the village Buddhist temple, where they were allegedly interrogated for nine hours. They were reportedly beaten with rifle butts, kicked and had their testicles squeezed. They allegedly lost consciousness several times. They reportedly had to pay 3,000 kyat for their release. Unable to walk, were carried back to their houses by other villagers.
1069. Pu Sen Zala, Loong Za Wi, Loong PaPae, Loong Lee Lo and Loong Zalu were reportedly arrested by troops from LIB 227 on 26 March 2000, at Kham Tee village, Murng-Khark township, and subsequently taken to Wan Tap village. There, they are believed to have been interrogated and beaten on suspicion of helping the .Wa.group in trafficking in amphetamines. As a result of the beating, Pu Sen Zala suffered a fractured head, Loong Za Wi, a sprained wrist and Loong Pa Pae and Loong Zalu, sprained legs.
1070. Ai Zaen was among seven Paluang male villagers of Wan En forcibly taken as porters by troops from LIB 527 in Murng-Sart township on 1 April 2000. He was reportedly punched in the eye by the patrol commander who accused him of having deliberately led them through a difficult route.
1071. Aa To was among six Akha villagers who were reportedly arrested by troops from LIB 331 on 10 April 2000 at Huay Sa village in Murng Hai tract, Ta-Khi-Laek township, accused of being intelligence agents of SSA-E, and severely beaten, kicked and struck with rifle butts. As a result, they are believed to have sustained severe injuries, including fractured skulls and bruises all over the body.
1072. Ai Saam and Ai Kawng were among villagers reportedly taken on 12 April 2000 from Yaang Kham, Wan Nawng and Waeng villages in Murng-Sart township by troops from LIB 527 to serve as porters. Both were repeatedly beaten and kicked and, as a result, suffered from bruises all over their bodies.
1073. About 16 youth members of the National League for Democracy (NDL) were reportedly beaten up by security personnel on 2 September 2000 when they tried to attend a meeting with Aung San Suu Kyi, NDL Secretary-General. They had reportedly been stopped by security forces on 24 August as they left Yangon for a meeting 30 miles away, refused to turn back, and to have stayed by the roadside in the Yangon suburb of Dallah for nine days. The group was allegedly removed by force by some 200 riot police and transferred to Insein prison, Yangon, where they are believed to have received no medical attention.
1074. Nang Sa (f) was reportedly raped and killed by a captain from LIB 424 on 10 December 1998 near her home just outside Nawng Kaw village, Kae-See township. She reportedly was threatened with a pistol, raped, then hit in the head with a heavy stick and killed. Her necklace and money were taken. On 11 December 1998, the headman of the village, Loong Kang Law, reportedly complained about the rape and killing to the town community leader. Two days later, he was reportedly arrested by the same captain and his troops, tied to a house pillar, interrogated, and beaten to death. Hot water was allegedly also poured down his throat.
1075. By the same letter, the Special Rapporteur reminded the Government of a number of cases sent in 1996, 1997, 1998 and 2000 regarding which no reply had been received.
1076. By letter dated 30 August 2001 sent jointly with the Special Rapporteurs on extrajudicial, summary or arbitrary executions and on violence against women, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1077. Three young women, two minors and Naang Zing Mya, originally from Wan Paang village, Nam-Zarng township, were reportedly gang-raped by troops from LIB 247 company 4 at a farm 3.5 miles from the town, on 24 May 1999. A patrol of about 50 troops reportedly asked the women where their men were; when they answered that they had been taken by troops to serve as porters, a commander reportedly took one of the minors into a nearby farm building, raped her and slapped her until she had bruises all over her face. The other two women were allegedly gang-raped several times. Naang Zing Mya was reportedly shot dead when she tried to run away, and the two others were subsequently severely beaten.
1078. Pa Poi, Naang Awng, Naang Mawn and Pa Loi Pe were reportedly arrested on 30 October 1999 by troops from LIB 514 and accused of having provided rice for the Shan rebels. They were reportedly taken to a deserted village west of Murng-Kerng town, gang-raped for one night and killed the following morning.
1079. Naang Ong, Naang Thun Nae and Naang Paan Yaen were reportedly arrested by troops from LIB 514 company 3 in late March 2000, 2.5 miles south of Kae-See town, Kae-See township, accused of being the wives of Shan rebels. They were tied up and interrogated about their husbands. whereabouts. The youngest woman was reportedly taken away by the patrol commander, who is said to have raped her, while the other two were raped by two officers. The next day, the two women were allegedly handed over to the remaining 30 soldiers who reportedly gang-raped them and subsequently killed them.
1080. Naang Muay Phawng, Naang Zaan Pao, Naang Htun Nae, Naang Khur Wan, Naang Laao Sai and Naang Seng Hurn, aged 16, all displaced women, were reportedly arrested by troops from LIB 248 in late May 2000 near the Kun-Hing-Murng-Paeng road between Ka Li village relocation site and Kun-Hing town, Kun-Hing township, raped by about 60 soldiers and subsequently shot dead.
1081. Nang Kawng Tip, a 17-year-old girl from Murng In village, Murng Poo tract, Murng Start township, was reportedly raped and killed by seven SPDC troops from LIB 527 on 13 April 1999, on the banks of the Nam In stream in the vicinity of the village.
1082. Sai Nu, Sai Zitta, Sai Nya-Lintta, Maamg Nguay (f) and Naanf Lern (f), aged 17, were reportedly arrested by troops from LIB 102 company 2 on 11 January 2000 on the banks of the Nam Paang river in Kun-Hing township, interrogated about the whereabouts of Shan soldiers in the area and beaten to death. The two women are reported to have been taken with the troops for two days and two nights during which they are believed to have been repeatedly raped and subsequently shot dead.
1083. By letter dated 30 August 2001 sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1084. Nang Kya Non (f) from Kaeng Lom village was reportedly gang-raped by soldiers from LIB 246 on 27 and 28 September 1998 near her farm 2.5 miles from Kun-Hing town. They reportedly took turns until daybreak, and threatened to shoot her if she made any noise.
1085. Nang Lam, a seven months pregnant woman, was reportedly beaten to death and her sister, Nang Zu, beaten, raped and robbed by troops of LIB 22 at a farm three miles south of Mark Mong Pawk village relocation site in Nam-Zarng township on 14 October 1998. Nang Zu was allegedly transferred to hospital for treatment of her head wound. When she explained what had happened, the medical personnel reportedly told her to say that she was hit in the head by a falling branch. She is believed to have fled to Thailand two or three days later.
1086. Pa Murng Awn, Pa Long, Naang Zaam, Naang Mo Khur and their respective husbands were reportedly arrested by a patrol of troops from LIB 514 on 22 May 1999. They are reported to have been detained in the lockup of the military camp in Kae-See town, where the women are believed to have been repeatedly raped for three consecutive nights by a captain and three other officers. The eight were allegedly released only when their relatives paid 10,000 kyat, and fled to Thailand on 11 June 1999.
1087. Naang Noot was reportedly threatened with a gun and raped by an officer from LIB 227 in Murng-Phyak on 18 September 1999 when she was fishing close to Wan Tap village, Murng Nung tract, Murng-Khak township. Fearing reprisals, she reportedly did not officially complain about the rape.
1088. Naang Mawn Zing, aged 17, and Naang Lam Poi, both schoolgirls from Lai-Kha, were reportedly arrested by soldiers in early October 1999 when attending a school meeting during which they asked about alleged human rights violations committed by soldiers. They were reportedly taken to LIB 515 base, where they were raped for four days and nights. Their parents were allegedly ordered to pay 15,000 kyat for the release of each of them.
1089. Naang, a 16-year-old girl, was reportedly gang-raped at gunpoint by three soldiers from LIB 279, including a sergeant, on 12 January 2000, on the bank of Nam Yarng stream near Ter Laat village, in Murng-Yarng township.
1090. Naang (Zang) and Naang (Nawt), aged 17, were reportedly raped along the banks of Nam Yaang steam some distance from their village on 6 March 2000 by troops from LIB 314 near Yaang Khum Mu village, Nawng Kwaang tract, Kaeng-Tung township.
1091. Naang (Mya Tawng), a displaced Shan woman, was allegedly raped at gunpoint on 29 March 2000 by the commander of LIB 529 Company 4, stationed at Naa Kawng Mu. The officer is also alleged to have threatened to imprison the village leaders who wanted to complain about the rape.
1092. Pa Wai, originally from Kun Pu village, Kun Pu tract, Naang Thawn, from Naa Mawn village, Nawng Hai tract, Naang Thun Nae, from Naa Mawn village, Nawng Hai tract, and Naang Ing, aged 9, from Naa Mawn village, Nawng Hai tract, were allegedly raped by troops from LIB 246 based at Kun-Hing township. They were reportedly arrested in late April 2000 and repeatedly raped for five days and four nights by the soldiers.
1093. By letter dated 30 August 2001 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1094. Seven men, including Zalae Yaao, Loong Sai and Saang Kaw Lam, relocated to Kho Lam village relocation site in Nam Zarng township, were reportedly beaten to death by troops of LIB 247 on 27 May 1999 for failing to provide forced labour on a road-building project from Kho Lam in Nam Zarng township to Wan Zing in Kae-See township.
1095. Sai Wi-Ling, Sai-Kaw-Wi, Sai Pan-ti, Sai Khae-Min-Da, Sai Lao Wan, Sai Lu, Naang Ae Nawng (f) and Naang Leng, a 17-year-old girl, all villagers from Wan Mai Kawng Saang and Wan Paang villages, Lai-Kha township, were reportedly tied up and beaten to death on 15 May 1999 by troops from LIB 513 at a farm located at Ho Khaai Nawng Kuen. The soldiers accused them of being agents of the Shan resistance.
1096. Ai Phom-Ma and Ai Lao, both from Murng He village, Murng-Yawng township, were reportedly arrested by troops from LIB 334 on 29 April 1999, while fishing in Nam He stream with four other villagers. The six were reportedly interrogated and beaten for several hours and subsequently tied to trees and left. All of them are said to have suffered fractured skulls and numerous bruises and wounds. Six days later, the two above-named persons reportedly died as a result of the ill-treatment.
1097. Put Sit Ta, the headman of Nam Tarng village, reportedly died in August 1999 as a result of the beating he was subjected to by soldiers because he refused to be relocated.
1098. Zaai Hong, aged 17, Zaai Kan, Zaai Pheo and Zaai Laa were reportedly surrounded by about 30 SPDC troops in November 1999 in a rice paddy at Murng Sen village in Murng-Sart township, accused of being soldiers of SSA-E, and subsequently interrogated and beaten unconscious. Zaai Hong reportedly died on the spot as a result of the ill-treatment. The troops allegedly left them lying in the paddy. The three survivors are believed not to have gone to hospital as they feared reprisals.
1099. Lun Su, a farmer from Na Kang Mu village, was reportedly seized by Unit 519 on 23 February 2000, severely beaten and, as a result, died one hour later. The incident is reported to have taken place in front of General Khin Nyunt, SPDC Secretary 1.
Urgent appeals
1100. On 26 March 2001, the Special Rapporteur sent an urgent appeal on behalf of U Tin Htun, a Papendan township member of the NDL, who was reportedly arrested in 1993 on charges of possessing and distributing illegal political journals and having contact with exiled opposition groups. He was serving a 20-year prison sentence at Thayet prison in northern Myanmar where, despite his alleged health problems, he is said to be denied medical attention for hypertension, heart disease and mental problems. In 1999 he was allegedly transferred from Thayawaddy prison to Insein prison because of poor health and in June 2000 he was reportedly transferred to Thayet prison, where his health is believed to continue to deteriorate seriously.
1101. On 27 July 2001, the Special Rapporteur sent an urgent appeal on behalf of Pastor Gracy, the minister of Rinpi Baptist Church in central Chin State, who is of Chin origin and who had reportedly been sentenced to two years. hard labour on 6 July by a court in Haka, the capital of Chin State, after being found guilty of having provided accommodation to the Chin National Front (CNF), a Chin armed opposition group fighting the central Myanmar Government. She had reportedly been in poor health since May 2001 and had been transferred to Mawlaik-Kalay Akhin Htawng labour camp near Kalaymyo in Sagaing Division where conditions were said to be particularly severe.
Follow-up to previously transmitted communications
1102. Concerning Daw San San Nwe (E/CN.4/2001/66, para. 781), the Government responded by letter dated 14 March 2001 that activities carried out by Daw San San Nwe were tantamount to subversion, and stated that torture and ill-treatment were illegal in Myanmar. The Government indicated that she wrote anti-Government articles, news comments and false allegations against the Government and tried to dispatch them to foreign news agencies. She also communicated with anti-Government groups, including the expatriate Sein Win group and participated in the groups. activities against the Government. Accordingly, the Northern Yangon District Court on 6 October 1994 found her guilty and sentenced her to 10 years. imprisonment, the sentence which she is currently serving. Her daughter, Myat Moe Moe Tun, was found guilty of anti-Government activities and distributing slanderous pamphlets against the Government, and sentenced to seven years. imprisonment on 6 October 1994. Owing to her good behaviour, she was released on 23 March 2000 and upon release could meet her mother. Daw San San New had complained about swollen glands in her throat and the prison doctor examined her on 3 April 2000, taking X-rays and an ultrasound and blood examinations. A surgeon from Insein People.s Hospital was consulted, who examined her for cancer. The swelling was a result of a bacterial infection. She was given medication and is in good health. She was allowed to visit her family on 18 March, 21 August and 26 November 2000, for about five hours, and also met other relatives there and close friends. Her son and daughter were allowed to visit her every two weeks. Nyein Chan was never arrested or prosecuted.
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