Myanmar: UN experts concerned by
incommunicado detention and torture of ethnic Rakhine men and boys
GENEVA (3 September 2019) - UN
human rights experts* have expressed grave concerns about the use of
incommunicado detention by the military in Myanmar, along with allegations of
torture and ill-treatment and deaths in custody since the outbreak of armed conflict
in December 2018 in northern Rakhine and Chin.
“The practice of incommunicado
detention must be immediately brought to an end. Detainees’ right to a fair
trial, including access to a lawyer, must be upheld,” the experts said. “There
must be a credible independent investigation into the allegations of torture
and inhuman treatment, deaths in custody, and reliance on forced confessions in
cases involving Arakan Army-related allegations. All perpetrators of such
violations must be held accountable.”
The experts cited the case of Naing
Aung Htun, who was held in incommunicado detention from 8-21 August and
allegedly given electric shocks by soldiers, after which he confessed to having
ties to the Arakan Army insurgent group.
“We are distressed by the use of
incommunicado detention where individuals are suspected of being associates of
the Arakan Army,” the UN experts said. “It is essential for detained people to
be able to communicate with the outside world, especially with family members
and their lawyer. We are especially concerned because incommunicado detention
may facilitate torture.”
The experts’ concern about the use
of incommunicado detention is heightened because of the reports received
regarding at least 15 deaths in custody of men alleged to be associates of the
Arakan Army. The military has said that it is investigating these deaths, and
the experts call on it to make the results of that investigation public and to
hold any perpetrators accountable.
Naing Aung Htun was among inhabitants
of Kyaukyan village in Buthidaung, northern Rakhine, as well as around 50
others displaced from neighbouring villages, who were rounded up by the Myanmar
military on 8 August. Five men were arrested on suspicion of being associates
of the Arakan Army and held incommunicado. They appeared in court in Buthidaung
on 13 August when they were charged under section 50(a) of the
Counter-Terrorism Law 2014 and four of them were released on 27 August.
Naing Aung Htun’s father said his
son had sustained injuries to his face and was complaining of pain in his chest
and back, headaches and being unable to chew. He received medical treatment in
a civilian hospital before being transferred to a military hospital for three
days, and was then returned to detention. He has been charged with an
additional offence under section 52(a) of the Counter-Terrorism Law in court on
21 August. His father visited him in prison on 22 August.
“There must be an investigation
into the allegation that Naing Aung Htun was tortured, and he must receive
appropriate medical attention,” said the UN experts. “His right to a fair trial
must be upheld, such that any confession he made as a result of torture should
be excluded from evidence against him.”
The incommunicado detention of five
men arrested in Kyaukyan village is not an isolated occurrence; the experts
have received information about several other cases of incommunicado detention
of Rakhine men and boys charged with terrorism offences. Eight Rakhine men were
held incommunicado in Yangon for almost a month, and a ninth man remains in
incommunicado detention without charge. In another case, four men from
Ponnagyun in Rakhine were arrested on 27 July and remain in incommunicado
detention, and six minors were also arrested and detained incommunicado for two
weeks. In a separate case, one man has been held incommunicado on charges under
the Counter-Terrorism Law since 5 August.
ENDS
(*) UN experts: Ms. Yanghee Lee,
Special Rapporteur on the situation of human rights in Myanmar; Ms. Agnes
Callamard, Special Rapporteur on extrajudicial, summary or arbitraryexecutions; and Mr. Nils Melzer, Special Rapporteur on torture and other cruel,inhuman or degrading treatment or punishment.
The Special Rapporteurs and
Independent Experts are part of the Special Procedures of the Human Rights
Council. Special Procedures, the largest body of independent experts in the UN
Human Rights system, is the general name of the Council’s independent
fact-finding and monitoring mechanisms that address either specific country
situations or thematic issues in all parts of the world. Special Procedures’
experts work on a voluntary basis; they are not UN staff and do not receive a
salary for their work. They are independent from any government or organization
and serve in their individual capacity.
UN Human Rights, country page:
Myanmar
For more information and media
requests please contact: Georgia Drake (+41-22928 9780 / gdrake@ohchr.org).
For media inquiries related to
other UN independent experts: Jeremy Laurence, UN Human Rights – Media Unit (+
41 22 917 9383 / jlaurence@ohchr.org)
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