2008 Human Rights Report: Burma
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR
2008 Country Reports on Human Rights Practices
February 25, 2009
Burma, with an estimated population of 54 million, is ruled by a highly authoritarian military regime dominated by the majority ethnic Burman group. The State Peace and Development Council (SPDC), led by Senior General Than Shwe, was the country’s de facto government. Military officers wielded the ultimate authority at each level of government. In 1990 prodemocracy parties won more than 80 percent of the seats in a general parliamentary election, but the regime continued to ignore the results. The military government controlled the security forces without civilian oversight.
The regime continued to abridge the right of citizens to change their government and committed other severe human rights abuses. Government security forces allowed custodial deaths to occur and committed other extrajudicial killings, disappearances, rape, and torture. The government detained civic activists indefinitely and without charges. In addition regime-sponsored mass-member organizations engaged in harassment, abuse, and detention of human rights and prodemocracy activists. The government abused prisoners and detainees, held persons in harsh and life-threatening conditions, routinely used incommunicado detention, and imprisoned citizens arbitrarily for political motives. The army continued its attacks on ethnic minority villagers. Aung San Suu Kyi, general secretary of the National League for Democracy (NLD), and NLD Vice-Chairman Tin Oo remained under house arrest. The government routinely infringed on citizens’ privacy and restricted freedom of speech, press, assembly, association, religion, and movement. The government did not allow domestic human rights nongovernmental organizations (NGOs) to function independently, and international NGOs encountered a difficult environment. Violence and societal discrimination against women continued, as did recruitment of child soldiers, discrimination against ethnic minorities, and trafficking in persons, particularly of women and girls. Workers’ rights remained restricted. Forced labor, including that of children, also persisted. The government took no significant actions to prosecute or punish those responsible for human rights abuses.
Ethnic armed groups allegedly committed human rights abuses, including forced labor. Some cease-fire groups reportedly committed abuses. Armed insurgent groups and cease-fire groups also recruited child soldiers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were numerous reports that the government or its agents committed arbitrary or unlawful killings. The government did not punish officials responsible for the deaths. In particular there were reports of extrajudicial killings and custodial deaths.
On February 21, police in Akyab, Rakhine State, severely beat Zawmir Uddin, a Rohingya who subsequently died in police custody.
On May 3, soldiers and riot police reportedly shot at a large group of inmates in Insein Prison after the prisoners started a fire to warm themselves. There were reports that at least 36 inmates were killed and approximately 70 injured. The regime claimed that only two prisoners were killed accidentally in the fire. Following the incident, prison authorities reportedly conducted an investigation that resulted in the death of four inmates during interrogation.
On May 20, soldiers killed a retired New Mon State Party medical worker during interrogation in Khawzar police station, Mon State.
In mid-June a man accused of stealing Buddha statues in Magwe Division died during interrogation at Magwe police station.
The government took no action to investigate or punish those responsible for extrajudicial killings of at least 30 persons during the regime’s violent suppression of peaceful prodemocracy demonstrations in September 2007, including Buddhist monk U Thilavantha and Japanese photojournalist Kenji Nagai. Additionally, the government did not investigate or punish those responsible for custodial deaths in 2007, including the following cases: Maung Chan Kun, Lin Lin Naing, Ko Naing Oo, NLD member Win Shwe, and Ko Ko Win.
There were no developments in the 2006 killings of the following persons: former political prisoner Thet Naing Oo, Wai Phyo Naung, Ma Nyo Kyi, and Saw Stin Pho.
The government persisted in its refusal to investigate or take responsibility for the 2003 attack by government-affiliated forces on an NLD convoy led by party leader Aung San Suu Kyi near the village of Depeyin, in which as many as 70 persons were killed.
b. Disappearance
Private citizens and political activists continued to “disappear” for periods ranging from several hours to several weeks or more, and many persons never reappeared. Such disappearances generally were attributed to authorities detaining individuals for questioning without informing family members and to the army’s practice of seizing private citizens for portering or related duties, often without notifying family members. Requests for information directed to the military forces were routinely ignored. In some cases individuals who were detained for questioning were released soon afterward and returned to their families.
The government took no action to investigate reports that security forces took large numbers of residents and monks from their homes and monasteries during numerous nighttime raids following the peaceful prodemocracy protests in September 2007.
The whereabouts of persons seized by military units to serve as porters, as well as of prisoners transferred for labor or portering duties, often remained unknown. Family members generally learned of their relatives’ fates only if fellow prisoners survived and later reported information to the families.
There was no information regarding the whereabouts of 31 persons who disappeared during a 2003 attack by government-affiliated forces on an NLD convoy led by party leader Aung San Suu Kyi near the village of Depeyin.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There are laws that prohibit torture; however, members of the security forces and other progovernment forces reportedly tortured, beat, and otherwise abused prisoners, detainees, and other citizens. They routinely subjected detainees to harsh interrogation techniques designed to intimidate and disorient. As in previous years, authorities took little or no action to investigate the incidents or punish the perpetrators.
In 2005 the Thailand-based Assistance Association for Political Prisoners released a report on the “brutal and systematic” torture that the government inflicted on political prisoners. Based on the testimony of 35 former political prisoners, the report gave details of the physical, psychological, and sexual abuse the government employed on dissidents, and it identified by name many of the perpetrators. The report detailed the kinds of torture the government used, including severe beatings, often resulting in loss of consciousness and sometimes death; repeated electric shocks to all parts of the body, including genitals; rubbing iron rods on shins until the flesh comes off; burning with cigarettes and lighters; prolonged restriction of movement for up to several months using rope and shackles around the neck and ankles; repeatedly striking the same area of a person’s body for several hours; forcing prisoners to walk or crawl on an aggregate of sharp stones, metal, and glass; using dogs to rape male prisoners; and threatening female prisoners with rape. Authorities used prolonged solitary confinement to punish prisoners.
There were credible reports that prostitutes taken into police custody were sometimes raped or robbed by the police. Occasionally, authorities would arrest and prosecute women who reported being raped by police or soldiers. Security officials frequently placed a hood on those accused or suspected of political crimes upon arrest.
The armed forces routinely used coercive and abusive recruitment methods to procure porters. Persons forced into portering or other labor faced extremely difficult conditions, beatings, rape, lack of food and clean water, and mistreatment that at times resulted in death.
Prison and Detention Center Conditions
Prison and labor camp conditions generally were harsh and life threatening. The Department of Prisons operated approximately 40 prisons and 70 labor camps. Food, clothing, and medical supplies reportedly were scarce in prisons. There were reports that authorities in some prisons forced prisoners to pay for food. Bedding often was inadequate, sometimes consisting of a single mat on the floor. Prisoners were forced to rely on their families, who were allowed one or two visits per month, for basic necessities. The government solicited private donations of food, clothing, and medical supplies as well as books and television sets for prisoner use but reportedly diverted all donated goods to government officials. Prisoners were held without being charged for weeks or months, and until a prisoner was officially charged with a crime, families could not visit or send critical supplementary food. HIV/AIDS infection rates in prisons reportedly were high due to communal use of syringes for injections and sexual abuse by other prisoners.
The government denied prisoners adequate medical care, although medical services in prisons partially reflected the poor health care services available to the general population.
There were numerous instances in which the government failed to provide prisoners with adequate medical care. On March 6, detained NLD member Ko Win Tin died in Bago prison. He had been suffering from untreated dysentery and tuberculosis.
On April 19, Azizullah, a 30-year-old man from Rathidaung Township, Rakhine State, died in Akyab prison. He reportedly did not receive proper medical treatment.
On July 18, political prisoner Khin Maung Tint died of tuberculosis in Mandalay prison.
Officials allowed a prison doctor to visit detained Min Ko Naing, an 88 Generation Students member, who was suffering from high blood pressure and a degenerative spinal disease. However, they denied requests to have a specialist examine and treat him.
The health of 88 Generation Students member Myo Yan Naung Thein continued to deteriorate significantly in prison. The press reported that authorities repeatedly denied his requests for adequate medical care, including an operation to treat his paralysis. According to Amnesty International, his condition was the result of beatings received in custody.
In his August visit, UN Special Rapporteur for Human Rights in Burma Tomas Ojea-Quintana urged authorities to allow a dentist to treat prisoner Thurein Aung, who had been denied dental treatment for more than a year. Shortly after Ojea-Quintana’s visit, prison officials allowed a dentist to treat the prisoner.
Prominent political prisoners who suffered from deteriorating health included NLD member of parliament-elect (MP-elect) Naing Naing. The health of writer Than Win Hlaing, held in Thayarwady Prison in Bago Division, continued to deteriorate due to harsh prison conditions. Rohingya MP-elect Kyaw Min and family also continued to experience health problems. MPs-elect Than Nyein and May Win Myint, as well as journalist Win Tin, also suffered health problems before their release in September.
There was no information on the condition of imprisoned Shan National League for Democracy (SNLD) Chairman Khun Htun Oo or SNLD member U Sai Hla Aung, who were suffering from numerous health problems but had not been permitted to receive medical attention.
Despite the government’s insistence that it did not hold any political prisoners, reports by prisoners indicated that authorities frequently placed politically active prisoners in communal cells, where they were subjected to beatings and severe mistreatment by common criminals.
The government continued to deny the International Committee of the Red Cross (ICRC) unfettered access to prisoners. The ICRC was unable to talk in private with prisoners, make repeated visits as desired, or provide necessary healthcare and hygienic supplies. As a result the ICRC could not follow the cases of more than 4,000 detainees, including security detainees, minors, foreigners, and prisoners who were especially vulnerable, such as the sick and elderly.
d. Arbitrary Arrest or Detention
The law does not prohibit arbitrary arrest or detention, and the government routinely used them. The law allows authorities to extend sentences after prisoners have completed their original sentence, and the government regularly used this provision.
Role of the Police and Security Apparatus
The Myanmar Police Force is under direct military command but falls administratively under the Ministry of Home Affairs. Police primarily deal with common crimes and do not handle political crimes. Corruption and impunity were serious problems, due to a government-imposed system whereby police were required to collect funds for their operations. Police typically required victims to pay substantial sums for crime investigations and routinely extorted money from the civilian population. There are no effective legal mechanisms available to investigate security force abuses. The government took no significant measures to reform the security forces.
Military Security Affairs (MSA) officers and Special Branch (SB) police officers are responsible for detaining persons suspected of “political crimes” perceived to threaten the government. Once a person is detained, MSA or SB officers interrogate the individual for a period ranging from hours to months and can charge the person with a crime at any time during the interrogation.
The Union Solidarity and Development Association (USDA) and the government-backed “private” militia Swan Arr Shin increasingly assumed the responsibilities of law enforcement authorities, engaging in the arrest, detention, and interrogation of human rights and prodemocracy activists.
Arrest and Detention
By law warrants for searches and arrests are required; however, the MSA and police have special authority to conduct searches and make arrests at will. The law permits a court to detain persons without charge for up to two weeks, with the possibility of a second two-week extension. However, authorities frequently extended detentions beyond this period without producing the detainees before a judge. The government often held persons under the Emergency Act of 1950, which allows for indefinite detention. In practice many persons were held for years without being informed of the charges against them.
Bail was commonly offered in criminal cases, but it was rarely allowed for political prisoners. The government regularly refused detainees the right to consult a lawyer, denied them and their families the right to select independent legal representation, or forced them to use government-appointed lawyers. The government continued to use incommunicado detention and often failed to inform detainees’ relatives of detentions until much later.
During the year the regime detained numerous prodemocracy and human rights activists and several top opposition leaders and MPs-elect. Other activists wanted by the regime remained in hiding or self-imposed exile at year’s end.
On January 9, police arrested NLD member and labor activist Htet Wei while he attended a friend’s trial in Rangoon. According to witnesses, police took Htet Wei into custody when they allegedly saw the defendant, detained protester U Ohn Than, pass him a piece of paper. At year’s end authorities had not released any information concerning the status of Htet Wei.
In April and May, the regime detained more than 130 persons suspected of campaigning against the government’s draft constitution in the period preceding the May constitutional referendum. Many of these individuals were released shortly after their arrest. Several others remained in detention at year’s end.
On April 1, Thingangyun township officials arrested NLD youth activist Ko Aung Htun at his home, according to witnesses. At year’s end authorities had not released any information concerning the status of Ko Aung Htun.
On June 13, police arrested prodemocracy activist Myat Thu, alleged to be a leading figure in the 88 Generation Students prodemocracy group. At year’s end authorities had not released any information concerning the status of Myat Thu.
On June 15, authorities arrested Myanmar Tribune editor Aung Kyaw San and several other unidentified persons after they returned from the cyclone-affected Irrawaddy Delta, where they had been burying cyclone victims. The government did not publicly acknowledge Aung Kyaw San’s arrest, although some observers believed that officials suspected him of providing information about the cyclone’s aftermath to foreign news services. At year’s end Aung Kyaw San remained in detention, and authorities had not released any information regarding his legal status.
On June 25, police in Rangoon arrested a protester in front of city hall. According to the press, the woman shouted slogans calling for the release of Aung San Suu Kyi and other political prisoners before the authorities took her away. Officials did not acknowledge her arrest or release her identity.
On July 2, authorities detained NLD official Khun Maung, reportedly in connection with a small explosion at a USDA office earlier that day. The government did not release any information about his condition or reasons for his arrest.
Amnesty
On September 23, authorities announced the release of 9,002 prisoners as part of an amnesty. While the majority of those released were incarcerated for minor common crimes, at least six political prisoners were released, including journalist Win Tin, NLD Central Executive Committee (CEC) member Khin Maung Swe, NLD member Aye Thein, and MPs-elect May Win Myint, Than Nyein, and Aung Soe Myint. Win Tin spent 19 years in prison before his release.
Win Htein, Aung San Suu Kyi’s former assistant, was released on September 23 as part of the amnesty but rearrested the next morning.
e. Denial of Fair Public Trial
The judiciary is not independent of the government. The SPDC appoints justices to the Supreme Court, which in turn appoints lower court judges with SPDC approval. These courts adjudicate cases under decrees promulgated by the SPDC that effectively have the force of law. The court system includes courts at the township, district, state, and national levels. While separate military courts for civilians do not exist, the military regime frequently directs verdicts in politically sensitive trials of civilian
continue http://www.state.gov/g/drl/rls/hrrpt/2008/eap/119035.htm
International Religious Freedom Report 2008
Released by the Bureau of Democracy, Human Rights, and Labor
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