2003 Report by the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Theo van Boven


Myanmar

905. By letter dated 1 October 2002 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on violence against women its causes and consequences, the Special Rapporteur advised the Government that he had received information on the following individual cases.

906. Maw Plu Meh, an ethnic Karenni woman, was reportedly gang-raped near Daw Thè village, Loikaw Township, on 24 August 1996 by soldiers. It was alleged that Maw Plu Meh died as a result of her injuries.

907. Naw Paw Lweh, aged 15, and Paw Lweh’s Aunt were allegedly raped in their house on 20 March 1997 in Poe Zeh village, Kyi In Seik Kyi Township, Karen State, by a Sergeant.

908. Naw Aye Yin and Naw Thein Za were allegedly gang-raped and executed on 23 March 1997 in Gar Lay Kee, Kya In Seik Kyi Township, Karen State, by soldiers from Light Infantry Battalion (LIB) No. 205. It was reported that the naked bodies of the two women had been left at the edge of a forest.

909. Nang Pong, Nang Aye, Nang Pool, Nang Kham Arm, Nang Parng, and Nang Soi were reportedly raped and executed on 28 March 1997 in Wan Phui village, Kho Lam tract, Nam Zarng township, Shan State, by 100 State Law and Order Restoration Council soldiers from Infantry Battalion (IB) No. 246. It was reported that the women had been accused of being Shan United Revolutionary Army (SURA) soldiers' wives.

910. Naw Khin Mya, an ethnic Karen woman, was reportedly kidnapped and gangraped for two days on 10 September 1997 in Lar Aw Kor village, Thaton Township, by soldiers from LIB 534.

911. Naw Lar Lu and Naw His His Thart were reportedly gang-raped and executed on 22 December 1997 in Ta Lay Ko village, Tavoy District, Karen State, by soldiers from IB/LIB No. 280/285. It was also reported that the soldiers had taken Naw His His Thart’s 14-year-old daughter and 8-year-old son away.

912. Naw Shiri, an ethnic Karenni woman, was reportedly gang-raped and executed on 4 February 1998 in Shodawko village troops from LIB 427.

913. Naw Chit Bay was reportedly raped and executed on 18 February 1998 in Kaw Thay Der, Toungoo District, Karen State, by a soldier from LIB 59.

914. Naw Ma U, aged 20, was reportedly raped and executed on 7 April 1998 in Ba Hat, Karen State, by an officer from LIB 234.

915. Naw MuMu, aged 50, was reportedly raped on 28 June 1998 in Shwe dee village, Kler Lwee tu / Nyaung Lay Bin District, Karen State. She was then reportedly asked for 18000 Kyats and released.

916. Pay Moe, an ethnic Karenni woman, was reportedly gang-raped on 21 December 1998 near Shadaw relocation Site, Shadaw Township, by five soldiers from LIB 412.

917. Ma Pah Cho was reportedly raped on 29 June 1998 in Ma U Bin, Karen State, by Officer Mg Mg Thein from LIB 350.

918. Naw Htee Moo was allegedly raped in front of her husband before they were both executed on 28 June 1998 in Shwe dee village, Kler Lwee tu / Nyaung Lay Bin District, Karen State by a Captain from LIB 60.

919. Naw Paw Lu, aged 16, was reportedly raped and executed on 20 July 1998 in Htit Baw village, Mutraw District, Karen State, by an officer from LIB 230.

920. In 1998, young women from the same village were reportedly summoned to garrison camp by a major for allegedly having links with the Karenni army. These women were allegedly beaten and raped by the major himself, and forced to do hard labour for three days. It was also reported that a platoon commander along with two lower commanders raped 4 girls, including 12-year-old girl Bu Myar.

921. Naw Mu Tu and Naw Mu Naung were allegedly gang raped on 26 July 1998 in front of their brother in Mae-ta-bu, a Karen village in Mon State, by soldiers from IB 61. It was reported that their brother had made a complaint but no action had allegedly been taken.

922. Naw Bee and Naw Cho Yee were reportedly raped and executed on 8 October 1998 in Du Soe Pwe Plaw, Karen State, by soldiers from LIB 552.

923. Ma La Myint and Ma Kyunt, aged 16, were allegedly raped and executed on 13 October 1998 in Aung Chan Than, Kler Lwee tu District (Nyaung Lay Bin), Karen State, by a Captain from LIB 59.

924. Naw Mu Tu, aged 18, was reportedly raped and executed on 13 October 1998 in Pa Wa Plaw, Tavoy District, Karen State, by a Captain

925. Naw Kee Ker was allegedly raped and executed on 4 November 1998 in K’nye Chaw, Karen State, by a soldier from LIB 42.

926. Nang Zing and Nang Pang were allegedly raped and executed on 3 June 1997 in Ter Leng village, Lai Kha Township, Shan State, by troops from LIB 424.

927. Nang Thun and Nang Kham, two ethnic Shan women, were reportedly robbed, raped and executed on 6 June 1997 at a local Military base in Murng Kerng Township by troops from LIB 519.

928. Nang Suay Khin, Nang Lek, Nang Suay-Yunt and Nang Phawng were reportedly gang-raped on 27 November 1997 in Wan Parng village, Shan State, and forcibly moved to Murng Nawng relocation site by soldiers from LIB 524. It was reported that these women had been raped by each soldier until evening and then executed.

929. Nang Zing-Yunt, an ethnic Shan woman, was reportedly raped and executed on 28 January 1998 in Mawk Zarm village, Nam Pa Luk tract, Murng Kerng Township, by troops from Lai Kha-based LIB 515. It was reported that her father and relatives had also been executed and their house burnt down.

930. Aye Mung, and Aye Sa were reportedly raped and executed on 19 April 1998 in Nar Mon and Wan Pek villages, Ham Ngai tract, Murng Kerng Township in Huay Kyawng, Shan State, by SPDC troops of LIB 513.

931. Nang Sa and Aye Nang from the villages of Nar Mon and Wan Pek were forcibly relocated to Ham Ngai relocation site, Murng Kerng township, Shan State, where they were reportedly raped on 3 May 1998 by a group of SPDC soldiers from IB 9. It was reported that both women were raped, executed and then buried under thin earth.

932. Zarm Hawm, an ethnic Shan woman, was allegedly raped and then executed by fire on 11 May 1998 in a farm hut, four miles east of Lai Kha town relocation site, by troops from LIB 442. It was also reported that her parents and one villager had been tied up and left in the forest. Her mother was said to have died of grief.

933. Nang Kham, Nang Lu, Nang Oom, aged 16, and Nang Loi Khio, aged 16, were reportedly raped and executed by SPDC troops from IB 225, near Ta Sang, on 18 May 1998. It was reported that their bodies had been mutilated and their breasts cut off.

934. Nang Suay, an ethnic Shan woman, was allegedly gang-raped and executed on 6 June 1998 near Kho Lam, Nam Zarng Township, by SPDC troops from IB 246.

935. Nang Thawn, Nang Mya Zing, and Nang Mawn from Nar Kharn village, Murng Nai Township, Shan State, were reportedly gang-raped and executed on 14-15 July 1998 by 12 SPDC troops from LIB 524. It was reported that a man accompanying two of the women had also been executed.

936. Nang Kya Non, an ethnic Shan woman, was allegedly raped and executed on 17 July 1998 in Lai Kha town by troops from LIB 515. It was reported that a complaint had been registered with LIB 515 Commander and the accused was allegedly assigned to a distant outpost.

937. Nang Poi, a 17-year-old ethnic Shan girl from Wor Tawng village, Ho Lin tract, Murng Pan Township, was allegedly raped and executed on 27 September 1998 by SPDC troops from LIB 520, while her family was staying overnight and tending their rice and soybean in a deserted village. It was reported that her brother and parents had been interrogated and executed.

938. Nang Sa was reportedly raped, beaten and executed on 10 December 1998 in a farm hut just outside of Nawng Kaw village, Wan Zard tract, Kae See Township by a Captain from LIB 424. It was alleged that the village headman witnessed him leaving the house and reported it to the town community leaders. The captain and his soldiers reportedly arrested, beat and tortured to death the headman, claiming that they had found a walkie-talkie in his house.

939. Nu Harn, Sing La, Naang Hurng, Naang Muay, Zaw Yaen, Naang Kui, Kham Non, Seng Hurng, Zing Nyunt, Kham Leng, Pa Maai, Pa Awng, and Pa La were reportedly accused of assisting Shan soldiers. They were allegedly raped on 17 January 1999 in Tawng Seng village, Huay He tract, Ho Pong Township by SPDC troops from Murng Pawn (in Loi-Lem). It was alleged that one girl had been released while the other 13 women were taken away with the troops as porters. Four of them had reportedly been executed and the others disappeared.

940. Nang Kawng Tip, aged 17, was reportedly raped and executed on 13 April 1999 near Murng In village, Murng Poo tract, Murng Sart Township, Shan State, by 7 Murng Sart-based SPDC troops from LIB 527.

941. Naw Khi Kyi was allegedly raped and executed on 15 April 1999 in Hay Tah Weh, Kler Lwee tu District (Nyaung Lay Bin), Karen State, by a Captain.

942. Naw Pun na was reportedly raped and executed on 25 April 1999 in Shwe Kah Mang, Kler Lwee Lwee Tu District (Nyaung Lay Bin), Karen State, by a Captain.

943. Naang Zing Mya, an ethnic Shan girl originally from Wan Paang village, Nawng Hee tract, Nam Zarng Township, was reportedly raped and executed on 24 May 1999 by SPDC troops from Co.4 of LIB 247. It was alleged that the village headman had advised the parents not to make complaints.

944. Naang Yaen, Naang Kham, Naang Zaan, and Naang Zing, four ethnic Shan women and girls were reportedly gang-raped and executed on 29 May 1999, in Kaeng Lom tract, by SPDC troops from LIB 246 and IB 12. The troops reportedly separated them from their parents and took them to different places, where they were gang raped and executed.

945. Naw Thsan Tin was reportedly raped and executed on 22 July 1999 in Lek kaw wa, Kler Lwee too District, Karen State, by a Captain from LIB 440.

946. Naw The Moe, Naw Po Pree, Naw Per Say, aged 16, and Naw Thu, aged 9, were allegedly raped and executed on 31 July 1999 in Ta Po Kee, Karen State, by LIB 101, Section 4. It was reported that Naw The Moe was five months pregnant

947. Naang Mon, originally from Kaeng Lom village but relocated to Kun Hing town, was allegedly gang-raped and executed on 16 September 1999 by SPDC troops from IB 246. It was reported that she had been forced to accompany the troops for four days during which she was repeatedly raped by their Captain. On the last day a captain reportedly ordered his officers to rape her one by one, after which she was reportedly given to a private who, after raping her, executed her with his bayonet.

948. Mi Than Aye, aged 16, was allegedly gang-raped in September 1999 in Warta village, Yebyu Toenship, Tenasserim Division, by soldiers from Battalion IB 103. The soldiers reportedly took her parents away, tied her up and raped her one after another until she lost consciousness.

949. Nawng Pe and Naang Khin Lu originally from Wan Pae village but relocated to Kun Hing town relocation site, were reportedly arrested on 29 September 1999 by troops from IB 246. They were allegedly accused of being wives of SSA soldiers and interrogated. They were then taken by troops on patrol for 5 days and 4 nights during which time they were reportedly abused, raped and then executed.

950. Pa Poi, Naang Awng, Naang Mawn and Pa Loi Pe, originally from Kung Pek village, Huay Awn tract, and relocated to Murng Kerng town relocation site, were reportedly accused of having provided rice for the Shan rebels on 30 October 1999 by SPDC troops from LIB 514. The women were allegedly raped all night and then executed.

951. Naw Kaw La, a pregnant woman, and Saw Nay Moo Moe were reportedly raped and executed on 4 April 1999 in Paung Aw taw, Kler Lwee tu District (Nyaung Lay Bin), Karen State, by Special troops.

952. Naang Nguay and Nang Lern, aged 17, from Nam Pa Man village, Kaeng Lom tract, Kun Hing Township, were reportedly raped and executed on 11 January 2000 by SPDC troops from Co.2 of IB 102.

953. Naang Ser, aged 18, from Kun Hing town, was reportedly accused of supporting Shan soldiers, and repeatedly raped and beaten to death by SPDC troops from IB 246 on 22 January 2000. It was reported that her father and brother had also been accused of supporting Shan soldiers, and had been tortured and beaten to death. It was also reported that the girl’s cousin, who was working as a porter for the SPDC troops, tried to intervene to save his relatives, but was severely beaten, became mentally unbalanced and later died.

954. Maw Keh Lah, a 13-year-old Karenni girl, was reportedly raped at her house on 8 February 2000 in Daw Kraw Ku village, Prusoe Towns hip, by a soldier from LIB No. 427. Both her father and her sister, aged 9, reportedly tried to stop the rape and were shot in the legs. It was said that the village headman had tried to take the case to court, but no response from the authorities had allegedly been received.

955. Naw Paw Kyaw, aged 16, Naw Kya Sein, aged 17, and Naw Tway Nyo were allegedly gang-raped on 22 March 2000 in Kyaw Be Loo, Doo Pla Ya District / Myawlamyaing, Karen State, by soldiers from SPDC 881.

956. Naang Mya Ki, Naang Mya Lu and Naang Thun Nae, aged 18, were allegedly raped and beaten to death on 13 March 2000 by SPDC troops from LIB 359 in Pa Sak village, Waeng Nur tract, Murng Sart Township. It was reported that the troops had seized the women while they were collecting firewood in the forest and interrogated them. A captain allegedly took the youngest girl into a nearby bush and raped her. He then reportedly told his junior officers to rape the women, after which, the troops allegedly beat them to death with sticks.

957. Naw Kleh, aged 14, and Naw Htoo Paw were reportedly raped and executed on 28 March 2000 in Petakah village, in Buko-Kwakee area, by soldiers from a combined column LIB No. 516 and LIB No. 518. It was reported that the soldiers had captured three men from the village along with the victims and reportedly executed one of them.

958. Naang Ong, aged 15, Naang Thun Nae, aged 18, and Naang Paan Yaen, originally from Wan Khem village, Wan Khem tract, Kae See Township, and relocated to Kae See town, were reportedly accused on 26 March 2000 of being wives of Shan rebels. It was reported that SPDC troops from Co.3 of LIB 514 had tied them up, interrogated them and gang-raped them. Initially, three SPDC officers reportedly raped the women all night and half of the next day, and then the remaining 30 troops allegedly gang-raped the women and executed them.

959. Naang Oo, a physically and mentally disabled 18 year-old girl, originally from Kun Pan village and relocated in Kun Hing, was reportedly gang-raped and killed on 11 April 2000 by SPDC troops from IB 246. It was alleged that the Captain interrogated her for some time, beating and torturing her. He then reportedly ordered his troops to, "Take her away, I don't want to see this kind of fool anymore." The soldiers allegedly gang-raped and executed her, then dumped her body into the river.

960. Naang Kham Leng, aged 16, and Naang zing Nyunt, aged 17, originally from Kung Sa village, Wan Saang tract and Nam Tawng village, Wan Lur tract, Lai Kha Township, were reportedly detained and raped on 2 May 2000 by SPDC troops from Co.3, IB 55. The troops allegedly detained the girls for six days and five nights, during which they were repeatedly raped by a captain and his officers. It was alleged that the captain had eventually ordered their execution.

961. Naang Muay Phawng, Naang Zaam Pao, Naang Htun Nae, Naang Khur Wan, Naang Laao Sai and Naang Seng Hurn, all Ethnic Shan women, were reportedly stopped by SPDC troops from IB 246 in May 2000 and taken towards Kun Hing town. It was alleged that the captain raped one of them and told his troops to rape the other women. The captain then reportedly ordered his troops to sit the women in a group and execute them.

962. Mi Khin Htee was reportedly raped in June 2000 in Sin-Swe village, Yebyu Township, Tenasserim Division, by the Commander from LIB No. 273. Neighbours allegedly heard the rape but could not help as his soldiers were guarding the house. 963. Pa Mung was reportedly raped and beaten to death on 8 July 2000 near Kun Hing Township by 35 SPDC troops from Co.4 of IB 246.

964. Mi San Htay, an ethnic Mon girl, was reportedly raped on 23 September 2000 in Kwe-ta-lin village, south of Yebyu Township, by Sergeant San Win from LIB 282. He allegedly summoned her to his barrack, took her to the kitchen and raped her.

965. Naang Tawng, aged 18, and Naang Maai, aged 16, originally from Haang Lin village, Naa Poi tract, relocated to Nam Zarng town relocation site, were reportedly arrested, raped and beaten to death on 18 July 2000 by SPDC troops from Co.3 of IB 66.

966. Naang Seng and Naang Maai, accused of providing rice for the Shan soldiers, were reportedly taken into a farm hut near Wan Phui village, Kho Lam tract, Nam Yarng Township, on 11 July 2001, where they were allegedly gang-raped and beaten to death by SPDC troops from IB 247.

967. Naang Kham, a 16- year-old Shan woman living with her husband on their farm in Central Shan State, was allegedly beaten with a stick and guns and raped for eight hours in August 2001 by troops from LIB 246. She was seven months pregnant and reportedly lost consciousness several times. It was reported that her husband had also been beaten, taken away and never returned.

968. Mi Htwe Yin was reportedly taken in hostage on 8 October 2001 in Son-htittar village, north of Ye Township by a sergeant of IB 61. She was reportedly beaten and raped but managed to escape.

969. Ma Ma Sein, a 15-year-old Karenni girl, was allegedly raped on 28 October 2001 near Kone Suu village, Lawpita, Loikaw Township, by three privates from IB 72 based at Lawpita. It was reported that the Commander had threatened to detain her parents if they pressed the case.

970. Naw Moo Lah Aing, aged 16, and Ma Chi Win, aged 18, were reportedly gang-raped on 11 February 2002 in Mae Thraw Kee Kawkareit Township, Karen State, by troops from IB No. 10 under LID No. 88. The troops allegedly took them outside of the village, tied them up and raped them. No action was reportedly taken.

971. Naw Leh Say, aged 17, and Naw Moo Moo, aged 18, were reportedly raped on 19 February 2002 in Pa Na Mi village, Tavoy district, Karen State, by a member of SPDC militia.

972. Naw Ta Sei, aged 15, was reportedly beaten and raped on 7 June 2002 in Le Seit village, Mergui, Tenasserim Division, by two soldiers from LIB 552.

973. According to reports, on 8 June 2002 troops from SPDC IB 77 ordered Kyaka-wa and Ka-toe-hta villages in Kaw-ka-rik Township to relocate to Aung-lan village. It was reported that troops raped Naw Paw Gay, the wife of Kya-ka-wa village head, and took away 59 unmarried persons, both male and female.

974. Su Mar, aged 18, was reportedly assaulted by a private from the Markrawshe base of LIB 428 on 15 July 2002. A schoolteacher allegedly witnessed the incident and tried to stop the soldier, but three other soldiers reportedly appeared and assaulted him. According to reports, the girl’s parents and the village chief allegedly brought the case to the LIB No. 428 Commander for justice the next morning, but no legal action was said to have been taken.

975. Five Mon villagers were reportedly killed on 22 July 2002 by soldiers from IB 62, based in Thanbyuzayat, who had allegedly previously raped and executed 16- year-old Mi Eat-Sar, the headman’s granddaughter.

976. Maw Lee Meh, a 17-year old Karenni girl, was reportedly raped on 25 August 2002 by a private Myint Lwin from SPDC LIB 530 in Daw Tamagyi village, Dee Maw So Township, Kayah State. It was alleged that the parents reported the case to the responsible company Commander, who was believed to have threatened them and to have dismissed the incident.

977. By letters dated 5 November 2002 and 6 December 2002 respectively, the Government responded that allegations according to which the armed forces were allowed to use rape as a weapon against women of ethnic groups in the Shan State were unfounded. The Government also informed the Special Rapporteur that it had sent investigation teams to the areas where the human rights violations allegedly took place.

978. Concerning the cases of Naw Paw Lweh and Paw Lweh’s Aunt, Nang Zing and Nang Pang, Nang Thun and Nang Kham, Nang Suay Khin, Nang Lek, Nang Suay-Yunt and Nang Phawng, Nang Zing-Yunt, Aye Mung, Nang Sa and Aye Nang, Zarm Hawm, Nang Kham, Nang Lu, Nang Oom and Nang Loi Khio, Nang Suay, Nang Thawn, Nang Mya Zing and Nang Mawn, Nang Kya Non, Nang Poi, Nang Sa, Nu Harn, Sing La, Nnang Hurung, Naang Muay, Zaw Yaen, Naang Kui, Kham Non, Seng Hurng, Zing Nyunt, Kham Leng, Pa Maai, Pa Awng and Pa La, Nang Kawng Tip, Naang Zing Mya, Naang Yaen, Naang Kham, Naang Zaan and Naang Zing, Naang Mon, Nawng Pe and Naang Khin Lu, Pa Poi, Naanf Awng, Naang Mawn an dPa Loi Pe, Naang Nguay and Nang Lern, Naang Ser, Naang Mya Ki, Naang Mya Lu and Naang Thun Nae, Naang Ong, Naang Thun Nae and Naang Paan Yaen, Naang Oo, Naang Kham Leng and Naang Zing Nyunt, Naang Muay Phawng, Naang Zaam Pao, Naang Htum Nae, Naang Khur Wan, Naang Laao Sai and Naang Seng Hurn, Pa Mung, Naang Tawng Naang Maai, Naang Seng and Naang Maai, Naang Kham, the Government denied the allegations sent by the Special Rapporteur and indicated that the alleged perpetrators (whose names were transmitted to the Government by the Special Rapporteur) were not found on the list of the persons who were serving in the battalion mentioned by the Special Rapporteur and/or that the said battalion was not operating in the area referred to in the Special Rapporteur’s letter. In addition, the Government informed the Special Rapporetur that many of the villages mentioned in his letter were deserted in 1996 or do not exist in the areas indicated.

979. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1996, 1997, 1998, 2000 and 2001 regarding which no reply had been received. The Government further indicated by letters dated 5 November 2002 and 6 December 2002 that the authorities were in the process of investigating into the remaining allegations and will keep the Special Rapporteur informed of the developments on this matter.

Urgent appeals

980. On 14 February 2002, the Special Rapporteur sent an urgent appeal on behalf of Dr. Slai Tun Than on whose behalf the Special Rapporteur on freedom of opinion and expression and the Chairman-Rapporteur of the Working Group on arbitrary detention intervened on 1 February 2002. He was reportedly arrested on 29 November 2001 and was since then detained incommunicado in an unknown location. He was now believed to be held incommunicado at Insein Prison where it was feared that he was receiving any medical attention for his chronic eye condition delivered through the International Committee of the Red Cross.

981. By letter dated 21 March 2002, the Go vernment responded that he had been given a fair trial in accordance with the domestic legislation. On 5 February 2002 he was found guilty and sentenced to seven years’ imprisonment.

982. On 14 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression on behalf of Khin Maung Win (Sunny), a photographer and cameraman, who had reportedly been transferred on 21 May 2002 to an undisclosed destination by Kalay prison authorities, after he, together with Khun Myint Tun, an elected Member of Parliament of the National League for Democracy (NLD) and at least 25 prisoners held on alleged political charges were found guilty of starting a hunger strike in support of their demands for the release of all prisoners held on alleged political charges. It is reported that a protest movement had started on 16 May in that prison, where Sunny has been held since August 1997, when he was sentenced to seven years' imprisonment for his part in making a video of an interview with Aung San Suu Kyi and smuggling it out of the country. Sunny's family and friends have had no news of him since his transfer.

983. By letter dated 31 October 2002, the Government responded that Khin Mmaung Win had been sentenced on 15 August 1997 to seven years’ imprisonment for making connection between KNU insurgents and Daw Suu Kyi and giving assistance to KNU by collecting funds for insurgents. While in the prison, he started a hunger strike, which finished voluntarily the following day. The Government also indicated that the members of the Myanmar Red Cross Society are visiting him in the prison and at present he is in good health.

984. On 26 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the situation of human rights in Myanmar ob behalf of U Win Tin, a 72-year-old journalist, who was serving a 20- year sentence for subversion charges, in particular anti-government propaganda, in Rangoon's Insein prison. His health was seriously deteriorating since early July, mainly because of haemorrhoid pains, an old urinary infection and prostate troubles. He was reported not to have been provided with the medications recommended by the prison doctor.

985. By letter dated 23 September 2002, the Government responded that his health condition had improved and that the doctors considered that his health condition was good enough to be discharged from the hospital. However, due to his old age and the fact that he can receive better medical treatment in the hospital prison ward, the authorities have decided to allow him to stay in the hospital. The Government also assured that he had access to the prescribed medicine.

986. On 23 August 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of the Working Group on arbistrary detention on behalf of Thet Naung Soe, Thaw Thaw Myo Han, Nyunt Win, Htoo Kyaw Win, Khin Maung Win, Thoung Htite, Kyaw Swa and Kyaw Zin Oo, all students who were reportedly arrested on 17 and 18 August 2002 in Yangon. Their whereabouts and whether they have been charged was reportedly unknown. During the night of 17 August, Thaw Thaw Myo Han, Htoo Kyaw Win, Kyaw Swa and Kyaw Zin Oo were reportedly arrested by Military Intelligence personnel at their homes, allegedly for their involvement in a protest. On the evening of 18 August, Thet Naung Soe, who allegedly staged a peaceful solitary protest in front of Yangon City Hall about economic and social conditions in Myanmar and holding a banner of red cloth with a flying peacock on it, which is the symbol of student resistance in Myanmar, was reportedly arrested within minutes by the local police. Khin Maung Win and Thoung Htite were reportedly arrested at the same time, although it was not clear whether the latter two had joined the protest or were onlookers.

987. By letter dated 11 November 2002, the Government responded that Khin Maung Win had posted anti-government leaflets at five places around Dagon University compound on 16 August 2002, that Thet Naung Soe wrote antigovernment leaflets and posted them at 11 places around Yangon University compound on 17 August 2002. He also sent these leaflets to Departments, some Ministries and to rectors of various universities, he furled Peacock flag and he shouted vehemently to instigate demonstrations. In relation with other students, the Government stated that only Khin Maung Win and Thet Naung Soe were detained for their disturbing actions. Finally, the Government pointed out that torture and other forms of ill treatment are prohibited by relevant laws.

988. On 7 October 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights in Myanmar on behalf of Aye Kyaw Zwa, Chit Hsaung Oo, Khin Tun, a former member of the New Generation Youth League, Ko Hla Htut Soe, Ko Htay, Ko Myint, Ko Nay Win and his brother Ko Yin Maung, Lay Ko Tin, aka Tin Maung Win, Maung Maung Aye aka Ko Baydar, San Shwe Maung, U Aung or Maung Htay, lawyer, U Cho, U Khin Maung Lay, U Kyi Myint, a former secretary general of the Burma United Democratic Party (BUDP) U Soe Tint, U Win Swe, U Zaw Pe Win, a former chair of the BUDP, U Zaw Win and at least 13 others. On 25 September 2002, Military Intelligence reportedly arrested them and allegedly confiscated books and leaflets from their domiciles. They were allegedly held incommunicado.

Observaciones

989. The Special Rapporteur notes the Government responses dated 5 Nove mber and 6 December 2002, but finds insufficient information in the blank denial of allegations of torture to remove the serious concerns raised by the numerous individual cases brought to the attention of the Government, a large number of which have remained unaddressed since 1996.

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small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.