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A/HRC/7/24 7 March 2008 UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/7/24 7 March 2008 Original: ENGLISH HUMAN RIGHT COUNCIL Seventh session Agenda item 4 HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL’S ATTENTION Report of the Special Rapporteur on the situation of human rights in Myanmar, Paulo Sérgio Pinheiro, mandated by resolution 6/33 of the Human Rights Council* * The present report was submitted after the deadline to include the most recent information. GE.08-11388 (E) 110308 A/HRC/7/24 page 2 Summary In its resolution S-5/1, of 2 October 2007, the Human Rights Council requested the Special Rapporteur on the situation of human rights in Myanmar to assess the current human rights situation and to monitor the implementation of that resolution, including by seeking an urgent visit to Myanmar, and to report to the resumed sixth session of the Council, and urged the Government of Myanmar to cooperate with the Special Rapporteur. Subsequently, the Special Rapporteur visited Myanmar from 11 to 15 November 2007 and submitted his report (A/HRC/6/14) to the Council on 7 December 2007. In its resolution 6/33, the Council requested the Special Rapporteur to monitor the implementation of that resolution and to conduct a follow-up mission to Myanmar, and to report to the Council at its seventh session, and urged the Government of Myanmar to cooperate fully with the Special Rapporteur. Consequently, in a letter to the Government dated 30 January 2008, the Special Rapporteur expressed his wish to conduct a follow-up mission to the country. The Special Rapporteur regrets that, to date, he has not been granted access to the country for a follow-up mission as requested by the Council. The present report is submitted pursuant to Council resolution 6/33. It is based on information gathered since the Special Rapporteur’s report (A/HRC/6/14) on the human rights implications of the crackdown on the peaceful demonstrations in Myanmar in September 2007, its causes and consequences. The report covers the period from December 2007 to March 2008. A/HRC/7/24 page 3 CONTENTS Paragraphs Page I. INTRODUCTION ........................................................................ 1 - 5 4 II. METHODOLOGY AND ACTIVITIES OF THE SPECIAL RAPPORTEUR ................................................... 6 - 9 5 III. DEVELOPMENT SINCE THE FIRST MISSION RELATED TO THE EVENTS OF AUGUST AND SEPTEMBER ................. 10 - 34 5 A. Releases, ongoing arrests and detentions ............................... 14 - 24 6 B. Trials and convictions ........................................................... 25 - 34 8 IV. INVESTIGATIONS OF KILLINGS AS A RESULT OF THE CRACKDOWN ON DEMONSTRATIONS: ACCOUNTABILITY FOR EXCESSIVE USE OF FORCE ......... 35 - 37 10 V. DEVELOPMENTS REGARDING THE SITUATION OF THE DISAPPEARED .................................................................. 38 - 40 11 VI. CONDITIONS OF DETENTION AND ACCESS BY THE INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) .................................................................... 41 - 42 11 VII. CONCLUSIONS ………………………………………………..... 43 - 46 12 VIII. RECOMMENDATIONS .............................................................. 47 12 A/HRC/7/24 page 4 I. INTRODUCTION 1. On 15 August 2007, the Government of Myanmar raised the retail price of fuel by 500 per cent, thereby affecting the livelihood of the population, which responded to that decision by demonstrating peacefully in August and early September. From 18 to 26 September, large, peaceful demonstrations were held across the country, in Yangon, Mandalay, Pakokku and Sittwe. The Government’s crackdown on the demonstrators, mostly monks, took place from 26 to 29 September. During the crackdown, the security forces, comprising police and army or riot police (Lone Htein), as well as members of the Union Solidarity and Development Association and the Swan Ah Shin militia, used excessive force against civilians, including unnecessary and disproportionate lethal force. Following the crackdowns, several reports were received, among others, of killings, severe beatings, arrests, torture and deaths in custody. 2. In accordance with Council resolution S-5/1, the Special Rapporteur, at the invitation of the Government, conducted a visit to Myanmar, from 11 to 15 November 2007. The Special Rapporteur stressed that his mission could not be considered a fully fledged fact-finding mission, since the conditions for an independent and confidential investigation would have required a different framework. The Special Rapporteur therefore informed the Council that his mission should be seen as an initial step in a process, and that the authorities had expressed willingness for his follow-up missions. 3. During his visit, the Special Rapporteur found that, during the period from 26 to 29 September, the security forces, including the army and the riot police, had used excessive force against civilians. The Special Rapporteur concluded, after seriously considering a number of testimonies, reports and video and photo material provided, that there were solid grounds to believe that at least 31 persons had died as a result of the crackdown on the demonstrations in September and October, including the 15 individuals accounted for in the information provided by the Government on casualties. The Special Rapporteur believed that the participation of Union Solidarity Development Association members and the Swan Ah Shin militia largely contributed to the excessive use of force against peaceful demonstrators. According to reliable reports and accounts, it was estimated that some 3,000 to 4,000 people were arrested in September and October, and between 500 and 1,000 were still being detained in December. In his report, the Special Rapporteur brought to the attention of Government at least 74 cases of enforced disappearance that had been reported to him. 4. Subsequent to the Special Rapporteur’s report (A/HRC/6/14), on 14 December 2007, the Council adopted resolution 6/33 in which it requested the Special Rapporteur to conduct a follow-up mission and to report to the Council at its seventh session. The Special Rapporteur transmitted a letter to the Government on 30 January 2008 in which he expressed his wish to conduct a follow-up mission prior to the seventh session of the Council in March 2008. At the time of the finalization of the present report, the Special Rapporteur had not been granted a visa by the Myanmar authorities. 5. In accordance with resolution 6/33, the Special Rapporteur presents a follow-up overview and assessment of the information collected in relation to the human rights implications of the crackdown on the demonstrations in September 2007 and the developments regarding the thematic areas addressed in his previous report to the Council. He deeply regrets not having been permitted to travel to Myanmar to asses the situation in situ. A/HRC/7/24 page 5 II. METHODOLOGY AND ACTIVITIES OF THE SPECIAL RAPPORTEUR 6. After the Council adopted resolution 6/33, the Special Rapporteur included in his programme of work a plan for a follow-up visit to Myanmar and a programme to gather updated information regarding developments in the investigations of the disappeared; the reported killings during the crackdown; the depuration of responsibilities as a result of the excessive use of force; and the situation of detainees, including their detention conditions and the fairness of the trials and their outcomes. After evaluating the various constraints encountered during his mission in November 2007, the Special Rapporteur also communicated clearly to the Government the framework that would be required to ensure a constructive visit. 7. The Special Rapporteur wrote to the Government on 8 February 2008 with a detailed programme proposal aimed at continuing to identify the circumstances and obtain the Government’s views on the actions taken during the major incidents reported, including meetings with, among others, the Minister for Home Affairs; the Minister for Foreign Affairs; the Minister for Labour; law enforcement officials, including riot commanders and police battalions; and military and infantry divisions in charge of law and order during the crackdown on the demonstrations in September 2007. He also proposed meetings with the Attorney General and the judicial authorities to gather information regarding the legal conditions of the detainees, the trials and convictions. The Special Rapporteur informed the Government that he also wished to focus on the incidents reported in Mandalay and Sittwe. As was the case during his visit in November 2007, the Special Rapporteur requested further private interviews with detainees, as well as unrestricted private access to the United Nations country team and civil society organizations. 8. Since the presentation of his report to the Council in December 2007, the Special Rapporteur has received and collected updated information from a number of reliable sources on the developments in the country in relation to the crackdown on the demonstrations held in September 2007. The Special Rapporteur has not had the opportunity to engage with the Government in situ on the new findings and to compare updated information gathered since December 2007. The information gathered during the period under review shows that the events in September 2007 and their consequences require systematic engagement and thorough investigation. This will be essential if the efforts of the Government to promote and protect human rights in the context of a democratic transition, as
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