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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 159th session
(Beijing, 21 September 1996)


The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of Khin Maung Swe and Sein Hla Oo, elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

Recalling that U Khin Maung Swe and U Sein Hla Oo were rearrested in August 1994 and subsequently sentenced to 7 years' imprisonment for collaboration with Dr. Khin Zaw Win in 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,

Bearing in mind that the United Nations Special Rapporteur on Myanmar, in his report to the 50th session of the United Nations General Assembly in December 1995, 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, and that no other visit has taken place since,

Recalling 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; that both have access to legal counsel and that their lawyer is U Win Maung,

Recalling also that, at a meeting with the Secretary General in October 1995, a delegation from Myanmar, responding to the concern of the Inter-Parliamentary Council 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 are not sufficient grounds for criminal prosecution and conviction,

Noting that, since then, the authorities have remained deaf to the many requests for detailed information made to them regarding the prosecution and present place and conditions of detention of the MPs-elect in question,

1. Deeply regrets that the authorities of the Union of Myanmar have failed to respond to the requests for information regarding the situation of these MPs-elect;

2. Remains deeply concerned 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;

3. Insists all the more firmly, in view of these serious allegations and the fact that the United Nations Special Rapporteur was denied access to any of the political prisoners, on its need to obtain detailed information on the detention of Khin Maung Swe and Sein Hla Oo, namely:

(i) The place of their detention;

(ii) How often and under what conditions they may receive visits from their families and their legal counsel;

(iii) Whether they are kept in single or shared cells;

(iv) What means of communication they have with the outside world;

4. Fears that they may have been prosecuted and sentenced merely on account of having exercised their right to freedom of expression;

5. Reiterates once again its wish to ascertain the following:

(i) What specific acts have been adduced to substantiate the charges of which they were found guilty, bearing in mind that, according to a statement made by a delegation of Myanmar in October 1995, "meeting foreign journalists and sending them news comments critical of the Government of Myanmar" could not on its own have led to their criminal conviction for writing and spreading false news that might jeopardize State security;

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

(iii) Their prospects of release;

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

7. Urges the authorities of the Union of Myanmar to grant the United Nations Special Rapporteur access to the two MPs-elect concerned on the occasion of his next visit to the country;

8. 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);

9. Requests the Secretary General to convey these concerns to the Myanmar authorities, inviting them once again to provide the desired details, and to inform them that, failing a reply to the questions, it will be compelled to conclude that Mr. Khin Maung Swe and U Sein Hla Oo are victims of a manifest violation of human rights;

10. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1997).


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