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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents