A/HRC/25/60/Add.2
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.). To the extent
that the Government’s response does not address the allegations of mistreatment or
conditions of detention, the Special Rapporteur finds that the Government has violated the
rights of these inmates under international law regarding torture and cruel, inhuman or
degrading treatment. He also encourages the Government of Myanmar to continue its
engagement with the mandate.
(b)
JUA 02/05/2013 Case No. MMR 6/2013 State Reply: 01/07/2013 Alleged beating and
shooting of rubber bullets by the police and military of protesting farmers outside the
Letpadaung copper mine.
106. The Special Rapporteur thanks the government of Myanmar for its reply, dated 1
July 2013, to this communication in reference to the alleged beating and shooting of rubber
bullets by the police and military against protesting farmers outside the Letpadaung copper
mine. On 25 April 2013 in the Letpadaung copper mine area, at Sal Tal village, Sagaing
Region, around 100 riot police and 50 soldiers arrived to remove dozens of farmers who
had refused compensation from the owners of the Letpadaung copper mine, a Chinese stateowned company, Wan-Bao. and the military-owned Union of Myanmar Economic
Holdings Ltd. The farmers reportedly started plowing their fields three days previously and
the police and military arrived to remove the farmers. The farmers were reportedly beaten
with batons and had rubber bullets fired at them by the police and military, resulting in
injuries to ten of the farmers, including one who was allegedly shot in his arm and rib.
Three activists involved in the protest were reportedly arrested and sent to the Wan-Bao
company building. Stones were reportedly thrown at police lines by protestors and 15
police officers were reportedly injured. Subsequently, the commander of the Sagaing
Region Police Force reportedly announced that the police would lodge charges against
eight persons for allegedly provoking demonstrations and other alleged illegal actions. The
Special Rapporteur thanks the Government for the response dated 1 July 2013 that stated
that the arrest was not because of a refusal of compensation, but because they were
trespassing an area that was designated as only for authorized persons. The trespassers were
equipped with sticks, knives, slingshots, and stones. The Government reported that none of
the protesters were injured. The Special Rapporteur reminds the government of Myanmar
of article 20 of the UDHR which provides that “[e]veryone has the right to freedom of
peaceful assembly and association. No one may be compelled to belong to an association.”
Furthermore, the Special Rapporteur would like to remind the Government of article 12
paras. 2 and 3 of the Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedmos. They provide that the State shall take all necessary measures to
ensure the protection by the competent authorities of everyone, individually and in
association with others, against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of his or her
legitimate exercise of the rights referred to in the Declaration. In this connection, everyone
is entitled, individually and in association with others, to be protected effectively under
national law in reacting against or opposing, through peaceful means, activities and acts,
including those by omission, attributable to States that result in violations of human rights
and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals
that affect the enjoyment of human rights and fundamental freedoms. The Special
Rapporteur also draws attention to Principle 4 of the UN Basic Principles on the Use of
Force and Firearms by Law Officials, which provides that, “Law enforcement officials, in
carrying out their duty, shall, as far as possible, apply non-violent means before resorting to
the use of force and firearms.” Furthermore, Principle 5 provides that, “Whenever the use
of force and firearms is unavoidable law enforcement officials shall, (a) Exercise restraint
in such use and act in proportion to the seriousness of the offence and the legitimate object
to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c)
78
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents