A/HRC/25/60/Add.2 Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment and (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.” (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990). The Special Rapporteur also encourages the Government of Myanmar to continue its engagement with the mandate. (c) UA 07/06/2013 Case No. MMR 8/2013 State reply: 26/07/2013 Alleged arrest and detention of seven Muslim community leaders in Sittwe, Rakhine State, between 26 and 29 April 2013. 107. The Special Rapporteur thanks the government of Myanmar for its reply, dated 26 July 2013, to this communication in reference to the reported arrest and detention of seven Muslim community leaders. The communication referred to the alleged arrest of seven Muslim community leaders in Sittwe, Rakhine State, following “population verification exercises” conducted on 26 April 2013. It is reported that U Kyaw Myint, U Ba Thar, Sawlima (female), Mohammed Hashim, U Kyaw Khin, U San Lin, and U Hla Myint, were arrested between 26 and 29 April and have subsequently been charged with offences relating to a protest against the verification exercise within the Muslim village and IDP areas which took place on 26 April. It is reported that on 26 April, the local government of Rakhine State began implementation of a “verification exercise” among Muslim IDPs and villagers with the objective of providing the Government with accurate household population data. Reportedly, documentation used in the course of the exercise required Muslims to be registered as “Bengali” rather than being able to register under their preferred identification as “Rohingya”. Allegedly some individuals objected to this and went into the street where they shouted that they were Rohingya. Observers report that the incident was small and involved many children and youth. Reportedly some stones were thrown and some members of the verification teams were lightly injured during the incidents. It is reported that following these incidents the exercise was suspended and that a police operation was initiated, leading to the arrest between 26 and 29 April, of U Kyaw Myint, U Ba Thar, Sawlima, Mohammed Hashim, U Kyaw Khin, U San Lin, and U Hla Myint in the Thet Kae Pyin area. Unverified reports indicated that those arrested might have been subjected to ill-treatment in detention in Sittwe Police Station Number 1 where they were reportedly held until 23 May. It was reported that Mohammed Hashim is a juvenile, allegedly aged 15 or 16, and that U Ba Thar is in poor health and suffering from a serious medical condition, including heart disease for which he requires daily medical treatment, to which he reportedly had not received access. U San Lin was also reported to have suffered serious injury to his legs as a result of his treatment while in detention. According to information received, the arrests are arbitrary and are reportedly based on their refusal to register as “Bengali”, their presence in the locality in which a demonstration took place, or their status as community leaders. In this context, the Special Rapporteur would like to recall that failure to provide proper medical treatment and permit family visits contravenes international law. Additionally, he would like to reiterate that paragraph 1 of Human Rights Council Resolution 16/23 “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” In addition, States are under the obligation to investigate all suspicions of torture or illtreatment independently and impartially, with the purpose of establishing the possible use of prohibited forms of treatment and bringing those responsible to justice. (d) JAL 11/06/2013 Case No. MMR 9/2013 State Reply: 22/07/2013 Alleged excessive use of force against Rohingya protesters in Rakhine State. 79

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