A/HRC/10/8/Add.1
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149. She would also like to refer to the conclusions and recommendations of the report on her
mission to the Maldives in August 2006 (A/HRC/4/21/Add.3). However, the new Constitution of
the Maldives, which was ratified on 7 August 2008, includes in its article 9(d) a provision
according to which a non-Muslim may not become a citizen of the Maldives. The Special
Rapporteur is deeply concerned that the implementation of this article of the new Constitution
could have a significant negative impact on human rights in the country, including for those
individuals who have converted from Islam.
Myanmar
Urgent appeal sent on 28 February 2008 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the situation of human rights defenders and the Special Rapporteur on the
situation of human rights in Myanmar
150. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. U Gambira, a Buddhist monk who was one of the leaders of protests in
August and September 2007; his brother, Mr. Aung Kyaw Kyaw, a member of the National
League for Democracy (NLD); their father Mr. Min Lwin; and Ms. Su Su Nway, also a member
of NLD and a labour activist. All of the aforementioned individuals were the subject of a joint
urgent appeal sent on 21 November 2007 (see A/HRC/7/10/Add.1, paras. 186-189). According
to new information received, Mr. U Gambira and Mr. Aung Kyaw Kyaw were charged at the
end of January 2008 under Section 17/1 of the Unlawful Associations Act, which carries a
maximum sentence of three years’ imprisonment. A hearing scheduled for 4 February 2008 was
postponed and the authorities hade not given a new date. Similar charges were brought against
Ms. Su Su Nway, who was reportedly in poor health. All three were being held in Yangon’s
Insein Prison, where they may have been subjected to torture or ill-treatment.
151. Mr. U Gambira had been stripped of his monk’s robes and both he and Mr. Aung Kyaw
Kyaw were allegedly tortured in detention. Their mother and sister were able to visit them but
they were not known to have been given access to their lawyers. Their father, Mr. Min Lwin was
released from Insein Prison on 3 December 2007. He and Aung Kyaw Kyaw were arrested on
4 November 2007 and 17 October 2007 respectively, reportedly in an attempt to force
U Gambira out of hiding.
152. Ms. Su Su Nway was reportedly charged under sections 124, 125 and 505 of the Penal
Code, which relate to sedition and incitement to offences that damage “public tranquility”. She
was reportedly due to stand trial on 6 February in Yangon’s Bahan Township, but no information
was available regarding the judicial proceedings. Su Su Nway was not allowed to meet her
family or receive parcels from her family. Her health was said to be deteriorating as she suffered
from a heart condition and, on one occasion, had to be taken to a hospital outside the prison for
treatment.
153. Concern was expressed that the arrest, detention and charges brought against
Mr. U Gambira, Mr. Aung Kyaw Kyaw, and Ms. Su Su Nway may have been directly related to
their activities in defence of human rights. In view of reports of ill-treatment and allegations of
torture, as well as information received concerning the ill-health of Ms. Su Su Nway, serious
concern was expressed for their physical and psychological integrity while in detention.