A/HRC/25/60/Add.2 dans la communication, notamment en fournissant des informations précises sur les enquêtes menées afin de traduire en justice les auteurs des faits, et veiller à ce que les victimes obtiennent réparation, y compris une indemnisation équitable et adéquate, et une réhabilitation aussi complète que possible. Myanmar (a) JUA 03/04/2013 Case No. MMR 2/2013 State Reply: 24/05/2013 Alleged detention and mistreatment of four Bengali men in the Rakhine State by denying medical treatment and legal assistance. 105. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 24 May 2013, to this communication in reference to the alleged poor holding conditions of Messrs. Zafawr Ahmed, Nawbi Hussein, Mohammed Shawrif and Rahametullah. According to the information received, Mr. Zafawr Ahmed, Mr. Nawbi Hussein, and Mr. Mohammed Shawrif were reportedly shot by the border security forces (Nasaka) in Ohn Daw Gyi village, Sittwe, on 28 February 2013. They were, at the time of the communication, in police custody in no. 1 police station in Sittwe, having been discharged from Sittwe General Hospital on 2 March 2013. It is reported that the three men had wounds that were infected and in need of urgent medical treatment. The men were involved in the construction of a camp for internally displaced persons (IDPs) in Ohn Daw Gyi village. On 28 February 2013, at 1 pm, around 10-12 Nasaka personnel, based near the construction site, arrived at the site. Mr. Ahmed resisted and tried to free himself from the grip of a Nasaka commander, who took out his pistol and fired, with the bullet scraping Mr. Ahmed’s head and wounding him. Another Nasaka officer allegedly dragged Mohammed Shawrif along the ground. The officer then allegedly fired an automatic gun directly at Mr. Sharif’s back. Meanwhile, another Nasaka officer reportedly tried to drag Nawbi Hussein along the ground. When the three victims escaped and reached their homes, they were taken to Sittwe General Hospital. Rahametullah was also arrested and taken to No. 1 police station in Sittwe for allegedly destroying a latrine, which had been constructed despite the landowner’s objections. Rahametullah, Zafawr Ahmed, Nawbi Hussein and Mohammed Shawrif have reportedly been charged with attacking Nasaka under article 333 of the Myanmar penal code “Whoever voluntarily causes grievous harm to any person being a public servant in the discharge of this duty as public servant or with intent to prevent or deter that person or any other public servant from discharging his duty as public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as public servant shall be punished with imprisonment… for a term which may extend to ten years and shall also be liable to fine.” The four men had reportedly been verbally abused, denied medication, and not given enough food in detention. Moreover, none of the men hade access to legal counsel. The Special Rapporteur thanks the Government for the response dated 24 May 2013 which stated that all the allegations of withholding medical treatment and denial of access to a lawyer were rejected. Additionally, the response described the factual circumstances of the arrests, describing the hostile attacks that forced the arrests of the named individuals. The Special Rapporteur would like to remind the Government of Myanmar of the Standard Minimum Rules for the Treatment of Prisoners. Rule 22(2) provides that, “Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers. Furthermore, Rule 25(1) provides that, “The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.” (Approved by the Economic and Social Council by 77

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