IPU logoINTER-PARLIAMENTARY UNION
PLACE DU PETIT-SACONNEX
1211 GENEVA 19, SWITZERLAND

MYANMAR
Case N° MYN/04 - KHIN MAUNG SWE
Case N° MYN/09 - SEIN HLA OO

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 case of Khin Maung Swe and Sein Hla Oo, elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

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

Recalling that U Khin Maung Swe and U Sein Hla Oo were rearrested in August 1994 and subsequently found guilty of writing and spreading false news that could jeopardize State security; that the sources were concerned for their safety in view of reported torture and ill-treatment of detained government opponents,

Considering that, at the meeting on 27 October 1995, the delegation from Myanmar, responding to the Council's concern that "meeting foreign journalists and diplomats of foreign embassies and sending them news comments against or critical of the Government in order to make foreign governments misunderstand the Government of the Union of Myanmar" may lead and indeed has led in the present case to criminal conviction, stated that such acts alone may not give rise to criminal prosecution and conviction,

Considering that, according to information provided by the Permanent Representative of the Union of Myanmar to the United Nations Office at Geneva on 13 October 1995, both MPs-elect have access to legal counsel and the name of their lawyer is U Win Maung,

Recalling also that, according to the information provided by the Permanent Representative, Khin Maung Swe and Sein Hla Oo are being treated under the provisions of the Prisons Act; that they have the right to visits from their families; that they are in good health and receive medical care from prison medical officers and that, in the event of emergency or serious illness, hospital treatment is available,

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 the United Nations Special Rapporteur on Myanmar, in his report to the 50th session of the United Nations General Assembly, expressed deep regret that on 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, since the Committee's last session in January 1996, the authorities have remained silent,

1. Deeply regrets that the authorities of the Union of Myanmar have thus failed to respond to the repeated requests for information addressed to them in this regard;

2. Is shocked at the reports of inhuman and degrading treatment, prolonged shackling, lack of proper medical care and insufficient food for both common and political prisoners and the practice of solitary confinement of the latter, and wishes to obtain the authorities' views thereon;

3. Recalls that, according to the authorities, U Khin Maung Swe and U Sein Hla Oo are entitled to visits from their families, that they are in good health and that, in general, health care is provided by prison medical officers;

4. Reiterates its wish to ascertain where they are being held, and would appreciate fuller information on their detention, namely how often and under what conditions they may receive visits from their families, whether they may be visited by their legal counsel and, if so, how often and under what conditions, whether they are kept in single or shared cells and how their cells are equipped;

5. Reiterates its wish to ascertain the following:

(i) Any prospects for their release;

(ii) What specific acts have been adduced to substantiate the charges of which they were found guilty, bearing in mind that, according to the Myanmar delegation, "meeting foreign journalists and sending them news comments critical of the Government of Myanmar" alone could not have led to their criminal conviction for writing and spreading false news that could jeopardize State security;

(iii) Whether they have availed themselves of their right of appeal, as guaranteed under international human rights norms;

6. Also reiterates its wish to obtain a copy of the indictment and of the judgment handed down against them;

7. Notes that the lawyer of U Khin Maung Swe and U Sein Hla Oo is U Win Maung; however, would also appreciate information allowing it to enter into contact with him;

8. Urges the authorities of the Union of Myanmar to grant the United Nations Special Rapporteur, should he so wish, access to the two MPs-elect concerned on the occasion of his next visit to the country;

9. 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, in particular the right to freedom from torture and cruel, inhuman or degrading treatment (Article 5), the right to freedom of opinion and expression (Article 19) and the right to a fair trial (Article 10);

10. Requests the Secretary General to convey these concerns to the Myanmar authorities and seek the desired information from them;

11. 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).


Human rights of parliamentarians | Home page | Main areas of activity | Structure and functioning