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.
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