A/HRC/10/8/Add.1
page 41
Response from the Government dated 22 April 2008
154. The Government of Myanmar transmitted the following information received from the
authorities concerned in Myanmar relating to Mr. U Gambira, Mr. Aung Kyaw Kyaw and
Ms. Su Su Nway. In July 2006, U Gambira and his brother Aung Kyaw Kyaw illegally contacted
AAPP, an unlawful organization based in Mae Sot, Thailand, and attended the course on political
defiance conducted by FDB, an unlawful organisation based in Thailand. U Gambira also led the
All-Burma Junior Monks Alliance and sent 20 monks to attend the above mentioned trainings;
he illegally crossed the border between Myanmar and Thailand; he received financial support
from AAPP and FDB - unlawful exiled groups - and then instigated civil unrest in the country.
He was therefore arrested on 4 November 2007. After due process of law, he was charged under
section 13(1) of the Immigration (Emergency Provisions) Act, section 17(1) of the Unlawful
Association Act and section 124(A) of the Penal Code. He was detained in the Central Prison
and his family visited him once a week. He was fit and healthy in prison.
155. Mr. Aung Kyaw Kyaw had illegal contacts with Bo Kyi from AAPP and attended the
course on public defiance conducted by FDB. He received financial support from Bo Kyi and
instigated civil unrest in the country. On 17 October 2007, the authorities concerned arrested him
while he was receiving the cash transferred from Bo Kyi. After due process of law, he was
charged under section 13(1) of the Immigration (Emergency Provisions) Act, section 17(1) of the
Unlawful Association Act and section 124(A) of the Penal Code. He was detained in the Central
Prison and his family visited him one a week. He was fit and healthy in prison.
156. On 11 November 2007, Su Su Nway was arrested as she was attempting to incite civil
unrest by placing a poster with anti-government slogans at a public place. She was charged under
sections 124(A), 130 (B) and 505 (B) of the Penal Code for causing fear or alarm to the public
and thereby disturbing public tranquillity. The authorities concerned conducted the necessary
investigation and the court is still examining the witnesses. She was detained in the Insein
Central Prison and her family regularly visited her. She was fit and healthy in prison.
Observations
157. The Special Rapporteur is grateful for the Government’s response. She would like to refer
to the press release of 18 November 2008 issued jointly with the Special Rapporteur on the
situation of human rights in Myanmar, the Special Rapporteur on the independence of judges and
lawyers, 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:
“Following one year of arbitrary detention, dozens of individuals who had been arrested in
connection with peaceful demonstrations in Myanmar last year, are since August 2008 being
tried by courts. The closed-door hearings are being held inside prisons by courts which lack
independence and impartiality. Three of the defence lawyers have been sentenced to several
months of imprisonment for contempt of court, after they transmitted their clients’ complaints of
unfair trials. Since early November several other defence lawyers have been barred from
representing their clients. Last week, a dozen detainees, including several women, were each
given 65-year prison sentences. More than twenty other detainees, including five monks, were
recently sentenced to up to 24 years imprisonment. Many other detainees still await sentencing.
The UN experts strongly urge the Myanmar authorities to cease harassing and arresting