A/HRC/7/10/Add.1
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cities by use of force, including teargas and beatings. According to the information received, the
armed forces had also fired indiscriminately into the crowds, thereby killing and injuring a
significant number of persons. The mandate holders had also received allegations that raids on at
least six monasteries have resulted in numerous monks being beaten and arrested. About 200
monks are said to be detained in two monasteries in Yangon alone.
184. In the light of these allegations, the mandate holders appealed to the Government of
Myanmar not to use excessive force on the protesters. Excessive or disproportionate use of force
can amount to cruel and degrading treatment and could, under certain circumstances, also
amount to torture.
Observations
185. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to resolution S-5/1 the
Human Rights Council adopted at its fifth special session on 2 October 2007 and to the
comprehensive report of the Special Rapporteur on the situation of human rights in Myanmar
(A/HRC/6/14).
Urgent appeal sent on 21 November 2007 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 in Myanmar and the Special Representative
of the Secretary-General on the situation of human rights defenders
186. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. U Gambira, Mr. Aung Kyaw Kyaw, Mr. Min
Lwin and Ms. Su Su Nway. Mr. U Gambira is a Buddhist monk and human rights activist. He
was one of the leaders of the peaceful demonstrations that began in August 2007 in reaction to an
increase in fuel prices. He has also led the All-Burma Monks Alliance (ABMA). Mr. Aung Kyaw
Kyaw and Mr. Min Lwin are, respectively, the brother and father, of Mr. U Gambira. Ms. Su Su
Nway is also a human rights activist, campaigning for workers’ rights in Myanmar.
187. Mr. U Gambira has allegedly been charged with treason due to his leading role in the
August demonstrations, for which he faces either life imprisonment or the death penalty, and his
name also reportedly appears on a list of those individuals wanted by the authorities. As a result,
he went into hiding and he published an article indicating that hundreds of monks and nuns have
been beaten and arrested, that thousands of clergy have disappeared and that monasteries have
been looted or destroyed. Reportedly he was arrested on 4 November 2007 in Singaing. His
brother, Mr. Aung Kyaw Kyaw, and his father, Mr. Min Lwin, were arrested in October 2007 in
an attempt to force him out of his hiding. Both Mr. Aung Kyaw Kyaw and Mr. Min Lwin are still
being detained.
188. Ms. Su Su Nway was arrested on 13 November 2007, during the visit of the UN Special
Rapporteur on the situation of human rights in Myanmar. Ms. Su Su Nway was reportedly
arrested in the city of Yangon following an attempt to distribute leaflets near the hotel where the
Special Rapporteur was staying. Ms. Su Su Nway also took part in the August 2007
demonstrations and had been in hiding since the arrests of the suspected leaders of the protests.
She has been previously charged with criminal intimidation and given 18 months’ imprisonment
in October 2005, following a successful lawsuit she brought against village authorities for the use