E/CN.4/1993/26
page 77
slashings with bayonets, beatings with sticks and kicks with heavy boots.
Rape of women while their husbands are taken away for porter duties seems also
to be a common practice.
337. With respect to these allegations, the Government replied,
on 26 October 1992, that the Myanmar armed forces and the paramilitary forces
alike were required by law to observe a strict code of conduct in performing
their duties. They were not allowed to seize at will or ill-treat fellow
citizens, nor is any misconduct in the performance of their duties condoned.
(b)
Individual cases transmitted to the Government
338. Bo Bo Htun, a final year physics student from Yangon University, was
arrested on 9 December 1991 at a student volleyball game on the Yangon Arts
and Sciences University campus and reportedly subjected to torture.
339. With respect to this case, the Government reported that, according to the
records, nobody bearing that name had been detained. However, one Bo Bo Han
had been detained on 9 December 1991 for having dropped propaganda leaflets
from the upper storey of the Recreation Centre on the main campus of the
University of Yangon, inciting students to bring about disturbances. He was
tried by the military tribunal of Yangon Command and sentenced to 15 years'
imprisonment on 25 March 1992 under section 5 (j) of the Emergency Provisions
Act.
340. Magin Sayadaw, aged 71, a buddhist monk; Zaw Myo Win and Thein Han,
lawyers from Yangon, all three inmates at the Thayet prison, were said to have
been subjected to severe beating during April 1992. As a result, they could
no longer control their bladders.
341. With respect to Magin Sayadaw, the Government reported that he had made
preparations to carry out underground activities under the guise of conducting
a foreign language course. He also set up an illegal Young Monks' Front called
YMF and masterminded it from behind the scenes. He was arrested on
15 January 1991 and sentenced to seven years' imprisonment on 6 May 1991 under
section 5 (j) of the Emergency Provisions Act.
342. With respect to Zaw Myo Win, the Government reported that he had made
contacts with an illegal organization called Da-Nya-Ta and was engaged in
illegal activities to cause disturbances. He was arrested on 24 July 1989 and
was sentenced to eight years' imprisonment under section 5 (j) of the
Emergency Provisions Act on 20 November 1989.
343. As for Thein Han, the Government reported that he had led a mob which
threatened to use violence against the Yangon Zonal Elections Commission to
accept Daw Aung San Suu Kyi as a candidate for the multi-party democracy
general elections on 10 and 11 January 1990. For this offence, he was
sentenced to three years' imprisonment on 9 March 1990. He was released from
Thayet prison on 10 July 1992.
344. The Government also reported, with regard to the above-mentioned cases,
that due process of law had taken place and that there was no use of torture
during detention or imprisonment.
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