The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned former members-elect of the Pyithu Hluttaw (People’s Assembly) of the Union of Myanmar, all elected in the elections of May 1990, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/189/11(b)-R.1), and to the resolution adopted at its 188th session (April 2011),

Recalling that, on 21 March 2011, the United Nations Human Rights Council adopted a resolution in which it called upon the Government to lift restrictions on freedom of assembly, association and movement and on freedom of expression, including for free and independent media, and to end the use of censorship, including the use of restrictive laws to prevent the reporting of views critical of the Government, and strongly urged the Government of Myanmar to release all prisoners of conscience, including the former parliamentarians - numbering 12 at the time - who had been sentenced on the basis of legal proceedings which disregarded their right to a fair trial,

Noting that former parliamentarian Mr. Kyaw San was released on 17 May 2011 upon having served his sentence,

Recalling that since the new Parliament of Myanmar, elected on 7 November 2010, started its work, members of the opposition in Parliament have called on the Government to release all political prisoners, a call which the Minister of Home Affairs dismissed on 22 March 2011 as untimely; that, however, at the end of August 2011, members of Parliament again raised the matter of an amnesty,

Considering that, on 11 October 2011, the Government indeed announced an amnesty for more than 6,000 prisoners and that, under the amnesty, Mr. Saw Hlaing, Mr. Kyaw Khin and Mr. Than Lwin were released on 12 October 2011 along with some 200 other political prisoners; that the release took place at a time when the President signed into law a new Labour Organization Act permitting the establishment of trade unions, which had no effect been banned since 1962, and a senior government official talked of the need to do away with censorship,

1. Notes with appreciation that three former parliamentarians have been recently released as part of a wider amnesty; notes also that one was released upon completion of his sentence;

2. Stresses that these persons were all political prisoners held on the basis of unjust laws and unfair procedures; that, along with many others, eight more former parliamentarians are still suffering imprisonment;

3. Reaffirms its belief that the release of the remaining imprisoned former parliamentarians, along with all political prisoners, is essential to promoting a meaningful and inclusive process of dialogue and democratic reform in Myanmar; urges therefore the authorities once again to proceed swiftly towards putting an unconditional and immediate end to the prolonged incarceration of all political prisoners;

4. Considers it likewise essential that the criminal records of all political prisoners, including the former parliamentarians concerned, are erased so that they can fully participate in the democratic transition and national reconciliation process;

5. Recalls that seven former parliamentarians have died in prison as a result of their conditions of detention and that two were assassinated without their murder having even been elucidated, and deeply regrets this;

6. Considers that, with the advent of a parliament and a new government in Myanmar, an on-site visit would be timely and enable it to gather first-hand information on the situation of the eight former parliamentarians concerned; requests the Secretary General to seek the approval of the authorities for such a visit;

7. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 126th IPU Assembly (March/April 2012).

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1. Mr. Saw Hlaing was released on 12 October 2011.
2. Mr. Kyaw Khin was released on 12 October 2011.
3. Mr. Kyaw San was released on 17 May 2011.
4. Mr. Than Lwin was released on 12 October 2011.
5. On 2 April 2008, MPU-Burma affirmed that Myint Thein had died following his release as his health had been badly impaired by his detention.

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