E/CN.4/2002/75/Add.2
25 February 2002

COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Item 11 (c) of the provisional agenda

[Extracts concerning Myanmar. Full report on http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.2002.75.Add.2.En?Opendocument ]

Myanmar

192. On 5 December 2000,* the Special Rapporteur, jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent an urgent appeal regarding the imprisonment, since 1994 and 1996, respectively, of San San Newh, editor of two journals, Ppade-tha and Einmet-hpu, and founder of the National League for Democracy (NLD), and Nyein Chan, member of the Democratic Party for New Society and the All Burma Federation of Students Union. San San Newh was accused of issuing anti-Government reports to a French journalist and providing information about the situation of human rights in Myanmar to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Myanmar, and sentenced to 10 years’ imprisonment. Nyein Chan was sentenced to seven years’ imprisonment with hard labour, after being tried by a special court without legal defence.
     
193. On 5 February 2001, the Special Rapporteur transmitted an urgent appeal with regard to the sentencing on 20 December 2000 by a military court of Aung Myint, a journalist, poet and head of the information department of the NLD in Yangon, and Kyaw Sein Oo, an opposition activist, to 21 years’ imprisonment and 7 years’ imprisonment, respectively. They were arrested on 14 September 2000 after writing a press release, which they distributed to international press agencies and foreign embassies in Yangon, concerning the arrest of NLD leader Aung San Suu Kyi as she was trying to leave Yangon in September 2000. Aung Myint was charged with violation of the State Protection and Emergency Provision Acts, while Kyaw Sein Oo was charged under the Printers and Publishers Registration Act.
     
194. The Special Rapporteur transmitted a communication on 24 October 2001 concerning four cases of detention and conviction of journalists for having "distributed information hostile to the State", owning undeclared video cameras, talking with foreign journalists or sending information to Burmese media in exile. Win Tin, former editor-in-chief of the newspaper Hanthawathi, author of many articles against the regime and close adviser to Aung San Suu Kyi, was arrested on 4 July 1989, placed in detention in Insein prison and sentenced to 20 years in prison. He was held in a special section of Insein prison, in cell 10, but his very poor health forced the authorities regularly to transfer him to the prison hospital. During the 12 years he has spent in jail so far, Win Tin suffered two heart attacks and underwent one operation. The second case concerns Myo Myint Nyein, who was arrested on 12 September 1990 and convicted, in November 1990, for publishing in the magazine Yin-Kyae-Hmu, of which he was co-editor, an article entitled "What is going on?", and in March 1996 to seven years in prison for participating in the creation of underground magazines in Insein prison. The Special Rapporteur also expressed his concern at the arrest by members of the Military Intelligence Service (MIS) of Yan Aung Soe in October 1998, and his sentencing to 59 years in prison by a special court for being "in contact with foreign organizations". Yan Aung Soe is known for his articles on education published between 1994 and 1997 in semi-legal university journals (Unity, New Century, etc.), then in private magazines such as Thought and Your Life, under the pen name Thu-rein-htet-linn. An activist in student associations and the NLD since the age of 15, he was in charge of writing and distributing leaflets for these organizations. He was tortured during his interrogation at an MIS centre and is currently held in Myaungmya prison. Finally, the Special Rapporteur considered the case of Aung Zin Min, staff editor of the private magazine New Style, who had been imprisoned in Tharrawaddy since May 1997, after serving several months in Insein prison. He was arrested in December 1996, together with journalist Cho Seint, and sentenced to seven years for supporting the student demonstrations of 1996 in his articles and poems, published in the magazine New Style.


Communication received

195. In reply to the concerns expressed by the Special Rapporteur and the Chairman-Rapporteur of the Working Group on Arbitrary Detention in the communication dated 5 December 2000, the Government sent a letter on 14 March 2001. The Government explained that Daw San San New wrote anti-Government articles, news comments and false allegation against the Myanmar Government and tried to dispatch them to foreign news agencies. She also communicated with anti-Government groups, had secret contacts with the expatriate Sein Win group and participated in the group’s demonstrations against the Government. The Government also said that Daw San San New was given adequate medical treatment when she complained about swollen glands in her throat. Moreover, she was allowed to visit her family at her home three times; on each visit she was allowed to stay five hours. The Government further explained that at the moment Daw San San New is serving her sentence in Insein prison and her health is sound, mentally and physically.


Observations

196. The Special Rapporteur thanks the Government of Myanmar for its replies and for its willingness to cooperate with the mandate. He remains concerned, however, about the situation of Myo Mynint Nyein, Aung Zin Min, Cho Seint, Aung Myint, Kyaw Sein Oo, Yan Aung Soe and he awaits further responses to his communications dated 5 February 2001 and 24 October 2001.