A/HRC/32/18
care and education. Lifting these restrictions is essential in order to address other human
rights and humanitarian concerns in Rakhine State.
3.
Threats to life, liberty and security
32.
Successive Special Rapporteurs have reported patterns of serious human rights
violations of the rights to life, liberty and security of the Rohingya by State security forces
and other officials. Violations include summary executions, enforced disappearance,
arbitrary arrest and detention, torture and ill-treatment, and forced labour (see A/67/383,
para. 64 and A/HRC/28/72, para. 38).26 Following the outbreak of violence in 2012,
OHCHR received credible reports of the arbitrary arrest and detention of hundreds of
Rohingya, including women and children, and consistent allegations of torture and illtreatment, including cases of severe beating, burning by cigarettes, burning of beards,
forced labour, sexual humiliation and abuse, the denial of medical treatment, degrading
conditions of detention and deaths in custody. The indiscriminate nature and scale of arrest
and detention without due process and the subsequent treatment in detention has raised
concerns of collective punishment.
33.
In northern Rakhine State, the arbitrary arrest and detention of Rohingya remains
widespread. Their statelessness leaves them particularly vulnerable and a target for
extortion. Arrests are often made without grounds for arrest, formal processing or the laying
of charges, until release is secured by the payment of a bribe. OHCHR received reports of
violence, forced entrance and search of homes, confiscation of property, extortion and
excessive use of force related to arrest. Inability to pay onerous bribes can lead to violence,
detention or retributive action against the victim’s relatives. For those formally charged,
fair trial guarantees are often not respected.
34.
Arbitrary arrest and detention often lay the ground for other violations, such as
torture and extrajudicial killings. OHCHR received credible reports of torture and death in
custody of individuals arrested and detained on charges related to arson or alleged links to
terrorist groups. The lack of regular and independent monitoring of detention heightens the
vulnerability of detainees to torture and ill-treatment.
35.
Excessive use of force in the context of demonstrations and law enforcement
activities has also been reported, including during patrols and the enforcement of
restrictions on movement. Deaths resulting from excessive, unnecessary or disproportionate
use of force by law enforcement officials constitute an arbitrary deprivation of the right to
life.
4.
Sexual and gender-based violence
36.
Sexual and gender-based violence perpetrated by security forces against the
Rohingya in Rakhine State has been reported for decades. Its prevalence has, however,
most likely been underreported owing to lack of access to justice, cultural barriers, stigma
and fear of reprisal. OHCHR received reports of sexual violence, including rape, against
women who had been arrested or detained, or in the course of law enforcement operations,
such as house searches or at checkpoints. OHCHR has no information that such allegations
have been investigated or that perpetrators have been held accountable.
37.
Domestic violence has been reported within the Rohingya community. Protracted
displacement, overcrowding in camps, the lack of livelihoods and constraints on all aspects
of life exacerbate tensions and the risk of domestic violence. The lack of available and
accessible health and other support services remains a concern. The Government has an
26
In violation of Universal Declaration of Human Rights, arts. 3, 4, 5 and 9.
9