MYANMAR

	Parliamentarians still detained:
	Case N° MYN/01 - OHN KYAING Case N° MYN/42 - MYA WIN Case N° MYN/08 - TIN HTUT Case N° MYN/50 - WAN MAUNG Case N° MYN/10 - WIN HLAING Case N° MYN/53 - HLA THAN Case N° MYN/13 - NAING NAING Case N° MYN/60 - ZAW MYINT MAUNG	Case N° MYN/26 - HLA TUN Case N° MYN/71 - KYI MYINT Case N° MYN/28 - TIN AUNG AUNG Case N° MYN/72 - SAW WIN Case N° MYN/36 - MYINT NAING Case N° MYN/73 - FAZAL AHMED Case N° MYN/41 - ZAW MYINT

	Parliamentarians deceased:
	Case N° MYN/55 - TIN MAUNG WIN Case N° MYN/66 - WIN KO Case N° MYN/67 - HLA PE

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995) on the above-mentioned elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

Taking into consideration the observations made by a delegation of the Union of Myanmar on the occasion of a meeting with the Secretary General on 27 October 1995 in Geneva,

Also taking into consideration the information transmitted by the sources on 4 and 12 January and 11 March 1996,

Taking account of the information conveyed by the Secretary General of the Thai Inter-Parliamentary Group on 22 November 1995,

Considering that, according to information provided by the Thai Group, the investigations into the murder of Hla Pe are continuing and that the competent Police Station has been instructed by the Royal Thai Police Department to deliver a report every 15 days until the case can be satisfactorily concluded,

Recalling that, according to the authorities, prisoners are entitled to visits from their families and to health care from prison medical officers; that, in the event of emergency or serious illness, arrangements are made for the necessary hospital treatment,

Considering that, according to one of the sources, there are reports of inhuman and degrading treatment, prolonged shackling, lack of proper medical care and insufficient food for both common and political prisoners; that the latter are reportedly not allowed to communicate with one another and are often held in solitary confinement,

Considering that, according to one of the sources, in mid-November, prison officials reportedly began to interrogate Saw Naing Naing (MYN/13) and Dr. Myint (M) Aung (MYN/60) about letters smuggled out of Insein Prison to the United Nations Special Rapporteur on Myanmar; that such letters provided details of ill-treatment and poor conditions in prisons; that prison officials reportedly forced them to sleep on concrete floors without mats or blankets in "military dog cells" - small cells where military dogs are normally kept; that they have also been denied access - usually granted every two weeks - to their families, who provide them with food and medicine; that both MPs-elect are reportedly in poor health and in need of proper medical attention,

Considering that, according to information subsequently provided by one of the sources, Myint Naing (MYN/36) was also among those singled out for such treatment and that the three, together with 18 other political prisoners, were tried again under the Emergency Provisions Act for "causing or intending to disrupt the morality or behaviour of a group of people or the general public, or disrupting the security or reconstruction of the stability of the Union", apparently on account of attempting to pass information about prison conditions to the United Nations Special Rapporteur on Myanmar,

Considering that they were reportedly sentenced to jail terms of five to twelve years each following unfair trials in which they reportedly did not enjoy the right to defence counsel,

Considering that the delegation of the Union of Myanmar, on the occasion of its meeting with the Secretary General, stated that all were free to visit the country and see the situation for themselves,

Recalling that the MPs-elect, members of the NLD who participated in the work of the National Convention, recently walked out of it leaving that body without any representative elected in 1990; recalling in this connection that the authorities have affirmed that the representatives elected in 1990 would be responsible for drawing up the new Constitution,

Considering that Daw Aung San Suu Kyi, leader of the NLD, was released in July 1995 from house arrest and has since been largely restricted in her movements outside Rangoon,

Considering that the United Nations Special Rapporteur for Myanmar, in the report he delivered on the occasion of the 50th session of the United Nations General Assembly, expressed deep regret that during his last visit to the country in October 1995, he had been denied access to any of the political prisoners,

Considering that he expressed concern at the prevalence of a complex array of security laws, including the 1950 Emergency Provisions Act, giving the Government sweeping powers of arbitrary arrest and detention,

Considering that the United Nations General Assembly, at its 50th session, strongly urged the Government of Myanmar to allow all citizens to participate freely in the political process, in particular through the transfer of power to democratically elected representatives,

Noting finally, that the authorities of Myanmar, have remained silent since the Committee's last session in January 1996,

1. Deeply regrets that the authorities have remained silent on the serious allegations submitted to them before the Committee's January session regarding prison conditions in Myanmar and the treatment reportedly inflicted on three MPs-elect for having exercised their right to contact with the outside world;

2. Thanks the Thai National Group for the information it has provided and for its co-operation, and hopes that progress will be made in the investigations into the murder of Hla Pe;

3. Cannot but reaffirm its indignation that, nearly six years after the elections of 27 May 1990, the authorities of the Union of Myanmar continue to ignore the outcome of the election, and insists in this respect that the National Convention convened by SLORC on 9 January 1993 can in no way be regarded as a step towards restoring democracy, particularly since the party that won the 1990 elections is no longer represented in that body, which has therefore forfeited whatever remote tie with the democratic process it might once have possessed;

4. Considers that the National Convention is designed to prolong and legitimize military rule against the will of the people, as expressed in the 1990 elections, and thus stands in direct opposition to the principle established in the Universal Declaration of Human Rights that the "will of the people shall be the basis of the authority of government";

5. Is alarmed at the allegations regarding the treatment inflicted on imprisoned MPs-elect for having tried to establish contact with the United Nations Special Rapporteur on Myanmar, all the more so in view of the fact that the Special Rapporteur was denied access to those prisoners;

6. Firmly recalls in this respect that such reprisals are contrary to resolution 1994/70 of the United Nations Commission on Human Rights;

7. Is outraged at the possibility that they may have been tried under the 1950 Emergency Provisions Act for having attempted to enter into contact with the United Nations Special Rapporteur, as is their right;

8. Wishes to receive the observations of the authorities to these allegations, together with information on the current situation of the MPs-elect concerned and on the trial to which they have reportedly been subjected; also wishes to receive a copy of the judgment, if any;

9. Urges the authorities to grant the United Nations Special Rapporteur on Myanmar free access to all detained MPs-elect on his next visit to the country, if he so wishes;

10. Strongly reiterates its wish to ascertain the place and the exact conditions of detention of the MPs-elect still detained and their state of health;

11. Acknowledges with satisfaction the release of a number of MPs-elect and urges the Government to release the remaining imprisoned MPs-elect unconditionally and immediately;

12. Is convinced that a mission of the Inter-Parliamentary Union would be able to gather objective and precise information on the situation of the MPs-elect concerned on the spot and would without any doubt greatly contribute to progress towards a satisfactory settlement of the case, and earnestly hopes that the authorities of Myanmar will agree to the visit of such a mission, in particular in view of the fact that the authorities assert that all are free to come and see the situation for themselves;

13. Recalls that the Union of Myanmar, a member of the United Nations, is bound to respect the rights established in the Universal Declaration of Human Rights, which is recognized as a general standard on human rights;

14. Requests the Secretary General to convey these concerns to the authorities, inviting them once again to provide the requested information, and to seek their agreement to the visit of the mission;

15. Requests the Secretary General to resume contact with the Thai Inter-Parliamentary Group with respect to the investigations into the murder of U Hla Pe;

16. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).