E/CN.4/1990/17
page 34
106. The Government of Myanmar replied, in letters dated 13 February
and 1 March 1989, that the person concerned had been detained on
8 November 1988 and kept in the Insein jail, under section 10(A) of the State
Protection Law, for having sent false news and rumours about the situation in
the country to the BBC, an offence to which he confessed during his
interrogation. The Government affirmed that he had not been subjected to any
form of torture, either during interrogation or while in detention, and that
he was said to be in good health at the time the letter was sent
(1 March 1989). A medical report dated 2 February 1989 by the officer in
charge of the Central Jail hospital, Insein, was enclosed with the letter,
affirming the person's good health.
107. On 20 January 1989 the Special Rapporteur sent an urgent appeal to the
Government of Myanmar concerning information alleging that Sao Myo Wyn Tun,
Kyi Moe and Tu Ain Tin, along with 20 other students, had been forcibly
repatriated from Thailand on 7 January.1989. After their return to Myanmar
they were taken into military custody for questioning. A fourth student,
Thant Zin, was reportedly repatriated to Myanmar on 26 December 1988 along
with 81 others. He was arrested shortly after his arrival at his home town of
Mergui in southern Myanmar. Fear was expressed that these four students may
be subjected to torture. It was also reported that Zan Win Tun, resident in
Yangon, had allegedly been arrested and held incommunicado without charge or
trial. He was 6aid to have died after his release from military custody on
30 December 1988 as a result of severe ill-treatment sustained while in
custody.
108. On 2 February 1989 the Government informed the Special Rapporteur that
the three students mentioned in the cable had arrived in Yangon, together with
23 other students, on 7 January 1989, and were sent back to their homes the
same morning or the next day. The fourth student had reportedly been
interviewed in his home in Yangon on 7 January 1989, and categorically denied
having been interrogated or harassed in any way. The allegation concerning
the death of Zan Win Tun was flatly rejected, as part of an anti-Myanmar
campaign. It was further affirmed that the repatriation of the students had
not been forced as alleged, and that the students had returned home of their
own accord.
109. On 2 October 1989 the Special Rapporteur addressed a letter to the
Government of Nepal transmitting information alleging that Surendra Chettri, a
worker at the Hetauda Engineering Works, died on or around 14 June 1989 in the
District Hospital, allegedly as a result of torture to which he had been
subjected one month earlier. He was reported to have been arrested by police,
together with three other workers, on 16 May 1989 in connection with alleged
involvement in the theft of a cash box in the Hetauda Engineering Works. It
was alleged that the four suspects were tortured while in police custody, in
order to obtain confessions. Surendra Chettri was later released and went
back to his job, but his state of health was reported to be very poor, and on
14 June 1989 he fainted and started to bleed from his nose and ear, and later
died of loss of blood. It was not known whether a post-mortem or any
investigation into the cause of death had been conducted by the competent
authorities.
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