A/HRC/25/60/Add.2 108. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 22 July 2013, to this communication in reference to the alleged excessive use of force by police officers against ethnic Rohingya villagers who were protesting the construction of new housing units in Pa Rein village in Rakhine State. According to the allegations, police forces fired into an unarmed crowd of protesters, killing three persons and injuring five. Investigative authorities allegedly did not arrive at the scene until the following day and failed to adequately investigate the incident. In its reply, the Government alleges that 400 people tried to attack police and construction workers with knives, stones and other weapons, and that the police used force in self-defense after firing several warning shots. The Government replied that Rakhine State police investigated the case and determined that force was properly used for self-defense purposes. The Special Rapporteur stresses that article 3 of the Universal Declaration of Human Rights provides that “everyone has the right to life, liberty and security of person,” and article 20 of the UDHR provides that “everyone has the right to freedom of peaceful assembly and association.” Additionally, the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials establishes that officials shall “apply non-violent means before resorting to the use of force and firearms,” and that force and firearms may only be used as a last resort when unavoidable, and requires exercising the utmost restraint, minimizing injury and damage, and respecting and preserving human life. Additionally, the Basic Principles require the state to provide assistance and medical aid to any injured an affected person at the earliest possible moment. The Special Rapporteur notes that the Government’s reply did not offer details as to the thoroughness, impartiality or independence of the investigation that has been carried out, or the reasons for its conclusions. He calls on the Government of Myanmar to continue to investigate and eventually to prosecute and punish those found responsible for excessive use of force, and to provide the results of these processes to the Special Rapporteur; to provide full redress to the victims and their family members; and to undertake effective measures to prevent the recurrence of these acts. The Special Rapporteur encourages the Government to continue its engagement with the mandate. (e) UA 10/10/2013 Case No. MMR 15/2013 State reply: 18/12/2013 Alleged arbitrary arrest, torture, and ill-treatment of man of Kachin ethnicity 109. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 18 December 2013, to this communication in reference to the alleged deprivation of liberty, torture, and ill-treatment of Mr. Brang Yung, a Myanmar national of Kachin ethnicity who was arrested in June 2012 in connection with his reported association with the Kachin Independence Army. It was reported that Mr. Yung was being held incommunicado in the Myitkyina prison, where he had been subjected to torture and inhuman and degrading treatment, including sexual abuses. The Special Rapporteur expressed grave concern about reported patterns of arbitrary arrest of Kachin men from Internally Displaced Persons camps and subsequent torture in detention to extract confessions. In its reply, the Government confirmed Mr. Yung’s arrest and his detention in Myitkyina, and stated that an investigation revealed that Mr. Yung was a lance corporal in the Kachin Independence Army and responsible for a car bomb explosion that took place in Myitkyina in December 2011. The Government further submitted that his trial on charges brought under the Explosive Substances Act is ongoing, and that Mr. Yung is allowed to receive family visits, is in good health, and has unrestricted access to three lawyers. Although the Special Rapporteur appreciates the State’s response, he notes that it does not address the allegations of torture and mistreatment against Mr. Yung. In this context, the Special Rapporteur reiterates that each Government has the obligation to protect the right to physical and mental integrity of all persons, which is set forth inter alia in the Universal Declaration on Human Rights. The Special Rapporteur draws attention to paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall 80