Amnesty International Report 1998 - Bhutan

(This report covers the period January-December 1997)

A prisoner of conscience remained held throughout the year. At least 150 possible prisoners of conscience were detained, many of them incommunicado, without charge or trial. Many were reportedly tortured or ill-treated by law enforcement officers. A Buddhist monk died in custody in disputed circumstances.

The Druk National Congress (dnc), a political organization set up in exile in Nepal, organized sit-ins, demonstrations and other campaigning activities, particularly in October, demanding a democratic system of government and greater protection of and respect for human rights.

In May a new extradition agreement with India, effectively providing for, among other things, extradition of anyone requested by either country, entered into force.

In July the National Assembly adopted a resolution authorizing the forcible retirement from civil service of relatives of people living in refugee camps in eastern Nepal.

A meeting of the foreign secretaries of Bhutan and Nepal was held in Thimphu in July to prepare for the eighth round of talks between the two governments on the fate of more than 90,000 people – mostly Nepali-speaking people from southern Bhutan – living in refugee camps in eastern Nepal (see previous Amnesty International Reports). No date had been fixed for the talks by the end of the year.

Tek Nath Rizal, a prisoner of conscience, spent his eighth year in prison (see Amnesty International Report 1994)

In April Rongthong Kunley Dorji, a Bhutanese national and leader of the dnc and of the United Front for Democracy (ufd), another political organization set up in exile in Nepal, was detained in India. He remained held at the end of the year awaiting the outcome of extradition proceedings to Bhutan. The charges featured in the arrest warrants issued by the Bhutanese authorities – the basis of the extradition request – appeared to be politically motivated. Rongthong Kunley Dorji had left Bhutan in 1991, shortly after being pardoned by King Jigme Dorji Wangchuck. He had been detained on treason charges and tortured by members of the Royal Bhutan Bodyguards

At least 150 possible prisoners of conscience were detained. The arrests appeared to be part of a crack-down by the authorities on suspected dnc and ufd sympathizers. Many of those arrested were held in incommunicado detention without charge or trial. In October, in the immediate aftermath of a nationwide pro-democracy poster campaign, scores of suspected government opponents were arrested, mainly in eastern Bhutan, and held in incommunicado detention without charge or trial. A large majority of those detained were members of the Sarchop community. Among them were dozens of Buddhist monks and religious teachers. Kinzang Chozom, who was pregnant, was among those arrested and was not allowed to see her children. Other women were arrested, apparently in an attempt to force their husbands to give themselves up to the authorities.

Many of those detained on suspicion of being dnc and ufd sympathizers were reportedly tortured or ill-treated. In February, four dnc members – Taw Tshering, Tshampa Wangchuck, Tshampa Ngawang Tenzin and Chhipon Samten Lhendup – were held naked for one week in very low temperatures while in detention at Tashi Yangtsi prison in eastern Bhutan. In September Dorji Norbu, Kunga, Dorji Tshewang and Namkha Dorji were held in shackles and flogged daily at Pema Gatsel police station.

Gomchhen Karma, a Buddhist monk from Gomdar, Samdrup Jonkhar district, died in disputed circumstances at Korila, Mongar district, while in police custody in October. The government admitted he had been shot dead by the district administrator, but claimed that it had been an accident. However, an eye-witness alleged that the administrator shot Gomchhen Karmadeliberatelythree times in thehead.

Amnesty International continued to appeal for the immediate and unconditional release of Tek Nath Rizal; for pro-democracy supporters held in incommunicado detention to be released unless promptly charged with a recognizably criminal offence; and for fair trials for political prisoners. The organization also appealed for an immediate end to torture and ill-treatment by law enforcement officers. Amnesty International called on the authorities to guarantee immediate access to adequate medical care to Kinzang Chozom, in view of her pregnancy. The organization expressed its fears that, if returned to Bhutan, Rongthong Kunley Dorji might again be tortured.

MYANMAR

(This report covers the period January-December 1997)

More than 1,200 political prisoners arrested in previous years, including 89 prisoners of conscience and hundreds of possible prisoners of conscience, remained in prison throughout the year. Hundreds of people were arrested for political reasons; although most were released, 31 – five of them prisoners of conscience – were sentenced to long terms of imprisonment after unfair trials. Political prisoners were ill-treated and held in conditions that amounted to cruel, inhuman or degrading treatment. Members of ethnic minorities continued to suffer human rights violations, including extrajudicial executions and ill-treatment during forced labour and portering, and forcible relocations. Two people were sentenced to death.

Military leaders reorganized the State Law and Order Restoration Council (slorc) and changed its name to the State Peace and Development Council (spdc). The spdc continued to be chaired by General Than Shwe, and ruled by decree in the absence of a constitution. Martial law decrees severely restricting the rights to freedom of expression and assembly remained in force.

The National Convention, convened by the slorc in 1993 to agree principles for a new constitution and adjourned in March 1996, did not meet during the year. Throughout the year the National League for Democracy (nld), the legal opposition party led by Daw Aung San Suu Kyi, appealed to the slorc to enter into a dialogue. In July the slorc held a meeting with senior nld leaders; however, Daw Aung San Suu Kyi was not invited. When the slorc called another meeting in September, again excluding her, the nld refused to meet. The slorc permitted the nld to hold a party congress of 700 people in September.

Cease-fire talks between the slorc and the armed opposition group the Karen National Union (knu) broke down in January, and in February the slorc launched a major offensive against remaining knu positions in the Kayin (Karen) State. Some 20,000 Karen civilians fled to Thailand to escape the fighting and human rights violations (see Thailand entry). Skirmishes between the Karenni National Progressive Party (knpp) and the government in the Kayah State continued throughout the year. Fighting between the slorc and the Shan United Revolutionary Army, an armed Shan opposition group, also continued in the Shan State.

Some 20,500 Rohingyas (Burmese Muslims from the Rakhine State) remained in camps in Bangladesh. Repatriation stopped in April, but resumed briefly in July when 399 Rohingyas were forcibly returned to Myanmar after the slorc agreed to accept 7,500 returnees (see Bangladesh entry). There were no further repatriations during the year. Thousands of other Rohingyas, fleeing poverty and ill-treatment during forced labour in the Rakhine State, sought refuge in Bangladesh during the first half of the year, but were not allowed to enter refugee camps there. Rohingyas and other ethnic minorities, including the Arakanese and Mro, were forced to work on roads and bridges by the security forces in the Rakhine State.

In March, the UN Special Rapporteur on Myanmar submitted his report to the UN Commission on Human Rights. In April, the Commission adopted by consensus a resolution extending the Special Rap-porteur's mandate for another year and expressed grave concern at the extremely serious human rights situation in Myanmar. A similar resolution was adopted by consensus by the UN General Assembly in December. The Special Rapporteur continued to be denied access to Myanmar, although officials in the UN Secretary-General's office visited Myanmar in February and May.

In July Myanmar acceded to the UN Convention on the Elimination of All Forms of Discrimination against Women.

At an International Labour Organisation (ilo) conference in June, Myanmar's failure to implement Convention No. 87 with regard to freedom of association, which it has ratified, was identified as a situation of particular gravity. The ilo was also carrying out a Commission of Enquiry into Myanmar's failure to implement the provisions of Convention No. 29 on forced labour, to which it has been a party since 1955.

In March the Council of Ministers of the European Union suspended preferential tariffs to Myanmar under the Generalized System of Preferences. In May the us Government implemented 1996 legislation which prohibits any new us investment in Myanmar. In July the Association of South East Asian Nations (asean) granted Myanmar full asean membership.

Over 1,200 political prisoners arrested in previous years, including 89 prisoners of conscience and hundreds of possible prisoners of conscience, remained in detention. Hundreds of people were arrested for political reasons during the year, although most of them were later released uncharged.

Prisoners of conscience and nld leaders Dr Aung Khin Sint, U Win Htein, U Aye Win and U Win Tin (see Amnesty International Report 1997) were reported to be in poor health. Dr Aung Khin Sint, U Win Tin and U Aye Win were hospitalized for cardiac problems.

It became known that Nay Min, a prisoner of conscience arrested in 1988, had been released in November 1996.

In May over 300 nld party members were either arrested or threatened with arrest when attempting to attend a party conference. Those arrested were released in June without charge

At least 64 people, 31 of whom had been arrested during the year, were sentenced to prison terms for their political activities after unfair trials. Five of the 31 were prisoners of conscience. In April and May respectively nld activists Dr Than Aung and U Myo Khin, who had been arrested in February and May, were sentenced to four years' imprisonment on criminal charges which were politically motivated. They were both prisoners of conscience.

In August the government sentenced Cho Aung Than, a cousin and former assistant of Daw Aung San Suu Kyi, his sister Nge Ma Ma Than and her husband U Myint Swe to 10 years' imprisonment for allegedly passing money to the nld from foreign sources and helping to smuggle a videotape of Daw Aung San Suu Kyi to Thailand. The three, who had been arrested in June, were prisoners of conscience. Cho Aung Than was hospitalized in September for hypertension.

In January the slorc sentenced 34 possible prisoners of conscience to seven years' imprisonment for their involvement in the December 1996 demonstrations led by university students in support of human rights and a higher quality of education (see Amnesty International Report 1997).

In August Myo Aung Thant, a member of the Federation of Trade Unions–Burma, was sentenced to "transportation for life" – defined in the 1957 Burmese Penal Code as equivalent to transportation for 20 years – for committing "High Treason" and to 10 years' additional imprisonment. He had been arrested in June and accused of passing money to the nld and assembling explosives in order to assassinate an unnamed slorc member. His trial was reportedly held in camera and lasted only 10 days

Reports of torture and ill-treatment of prisoners in prisons and labour camps continued. Prisoner of conscience Khin Zaw Win, arrested in 1994 (see Amnesty International Report 1995), was reported to have been badly tortured in early 1996, and remained in poor health

Prison conditions for political prisoners often amounted to cruel, inhuman or degrading treatment. Prisoners suffered from lack of proper medical care and an inadequate diet. In April and May at least 51 political prisoners, including Khin Zaw Win, were transferred to prisons far from their homes, making it extremely difficult to receive supplementary food and medicine from their families.

U Tin Shwe, a 67-year-old lawyer, writer and nld founding member imprisoned since 1990, died of a heart attack in April in Insein Prison. Requests for proper medical care had reportedly been ignored. He was one of 29 political prisoners who had been placed in tiny cells meant for dogs and deprived of food and medical care during 1995 and 1996 (see Amnesty International Report 1997)

The military continued to commit widespread human rights violations against ethnic minorities, including extrajudicial executions, forcible relocations, torture and ill-treatment. In April Pa Nya Paw, a Karen villager, was tortured to death by the army during interrogation about the whereabouts of knu soldiers. From January onwards, thousands of people were randomly seized by the army and forced to carry supplies and ammunition during the offensive against the knu. Porters were held in army custody for periods ranging from a few days to several months. They usually received little food and no medical treatment, and were beaten if they were unable to carry their loads

Civilians of all ethnicities were routinely seized by the military for forced labour duties on infrastructural projects such as roads, quarries and railways. Conditions often amounted to cruel, inhuman or degrading treatment. Members of ethnic minorities, particularly the Karen, Karenni, Mon and Shan, were most at risk. A group of 400 Mon refugees sent back to Myanmar by the Thai army were subjected to forced portering and labour on army bases by the Burmese army. All of them had fled back to Thailand by July.

In January Burmese soldiers crossed into Thailand and attacked two Karenni refugee camps. They opened fire, deliberately killing two Karenni refugees and seriously wounding nine others (see Thailand entry)

Forcible relocations, apparently carried out solely because of ethnic origin or perceived political beliefs, continued, particularly in the Shan State, but also in other areas, including the Kayin, Kayah, Rakhine, and Mon States. Relocations were often accompanied by death threats, ill-treatment, and restrictions on freedom of movement. From March onwards, tens of thousands of Shan civilians were forcibly evicted from their villages by the army. Tens of thousands fled to Thailand. There were widespread reports of troops killing scores of villagers who attempted to return to their homes to retrieve their belongings. In June and July 300 Shan civilians were reportedly killed by the army in retaliation for the killing of 25 ethnic Burman civilians by an unknown Shan armed opposition group. In March Muslims in the Kayin State were forcibly evicted from their villages under threat of death and, beginning in February, thousands of Karen civilians in Papun District, northern Kayin State, were also evicted by the army. Ninety-three villages were destroyed and at least nine Karen civilians shot dead.

In May two convicted drug-traffickers were sentenced to death for heroin possession after having been arrested in August 1996 in the Shan State. No executions were known to have taken place.

The Democratic Kayin Buddhist Army (dkba), a Karen armed opposition group, continued to attack Karen refugees in Thailand; at least five refugees were killed and several injured. In January the dkba destroyed two refugee camps in Thailand, leaving 7,000 Karen civilians homeless.

In February and October Amnesty International published reports about the continuing repression of students and members of the nld. In July the organization published Myanmar: Ethnic minority rights under attack, which detailed human rights violations against the Mon, Karen, Karenni and Shan ethnic minorities.

Amnesty International continued to call for the release of prisoners of conscience and for an end to torture and ill-treatment.