U.N. Commission on Human Rights, Report of the Special Rapporteur on torture and cruel, inhuman or degrading treatment or punishment, U.N. Doc. E/CN.4/1994/31 (1994)(Nigel Rodley, Special Rapporteur).


Information transmitted to the Government

399. By letter dated 3 November 1993 the Special Rapporteur advised the Government that he had received information according to which persons arrested for political reasons were frequently subjected to torture and ill-treatment, particularly during interrogation, in the initial phases of detention. However, prisoners were also said to be beaten and deprived of food and water if they protested against the conditions of their detention, which seemed to be extremely poor. Thus, Mr. Aye Lwin, aged 38, a prisoner at Insein prison, reportedly died from internal injuries sustained in early December 1992 after being severely beaten by a prison official. Although he was vomiting blood, he received no medical care and died in his cell. He was also reported to have been badly beaten during a hunger strike at Insein prison in 1990, after which time his health reportedly deteriorated.

400. The Special Rapporteur was also informed of the case of Mi Htaw, from Win Pa Toke village in Thanbyuzayat township, Mon state. She reportedly went to visit her husband, Nai Sein Aung Kyi, who had been arrested by members of the State Law and Order Restoration Council (SLORC) Infantry Battalion No. 31 for having contacts with the New Mon State Party. It was alleged that when she arrived there, she was repeatedly raped in front of her husband and he was severely beaten, as a result of which his left hand was broken.

401. Information was also received according to which porters and unpaid labourers who were arbitrarily seized by the armed forces (tatmadaw) were often ill-treated or tortured and denied adequate food and medical treatment, despite the fact that they frequently fell ill owing to the working conditions. Thus, Maung Nyan Pwa, aged 24, and his father, U Aung Thein, were reportedly arrested on 10 January 1993 together with about 100 men on the Zabu Aye boat, in the middle of Jine river, Kawkareik township, by members of Infantry Battalion No. 97. They were taken to the base of Light Infantry Battalion No. 201 in Pa-an and were subsequently transferred to the base of Light Infantry Battalion No. 210 in Hlaing Bwe. Starting in Hlaing Bwe, they were allegedly forced to carry baskets, each of which weighted 50 kilos. When they could no longer carry them, they were reportedly beaten and not fed at all as a punishment. Maung Nyan Pwa was allegedly beaten with bamboo sticks and his right eyeball and eyelid were smashed. His father was beaten to death with rifle butts.

Information received from the Government on cases included in previous reports

402. On 12 August 1992 the Special Rapporteur sent an urgent appeal to the Government on behalf of Maung Nay Yein Kyaw, Maung Tun Tun, Maung Naing Naing, Maung Soe Naing, U Tin Tun, U Tun Shein and U Swe Tint, reportedly arrested on 8 June 1992 and interrogated at Mi-7 detention centre for several days.

403. On 22 February 1993 the Government replied that Nay Yein Kyaw, Tun Tun, Naing Naing, Soe Naing, Tin Tun and Tun Sein (Shein) were sentenced to 10 years' imprisonment on 23 September 1992 for distributing seditious pamphlets with an intent to disrupt the National Convention. There was no record of arrest of one "Swe Tint" as alleged.

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