A/HRC/39/CRP.2
he was moved to a district police station and held there for one month. Now he is in
prison. 420
236. The Mission received information that, in some instances, individuals, including
children, who were transferred to recognised places of detention were still not afforded full
procedural safeguards, including:
• not being provided with information about the charges against them in a language
which they understand;421
• being held incommunicado; and422
• being denied access to legal counsel until after their hearing. 423
237. The Mission received accounts of Tatmadaw soldiers or SaYaPa officers forcing
victims to sign pre-written statements during detention. Victims reported different issues in
relation to these statements, including not being aware of the contents of the written statement
or document;424 the statements wrongly asserting the individual had not been subject to illtreatment;425 or the statements being admissions of guilt. 426 For example, one victim from a
village in Kyaukme Township, Shan State, who was arrested in August 2017 and held for
more than 24 hours, was made to sign a document with his thumb which stated that he was
“the enemy”, was involved in political activities and would “not be involved with political
activities in the future”.427
Detention in inhuman conditions
238. Victims consistently gave accounts of inhuman conditions in unofficial places of
detention which could amount to ill-treatment428 including being held for periods:
• in inadequate accommodation, including in the open air without bedding; 429
• without access to adequate sanitary facilities; 430
• without adequate food being provided, including being denied food, 431 receiving
insufficient food or food of poor quality; 432
• without access to safe drinking water when needed, including being denied access to
water entirely or being allowed only a limited amount or only water that is unsafe; 433
and
• without access to health care, 434 in one account leading to death.435
239. For example, a male victim from a village in Puta-O Township, Kachin State, who
was detained for six days in 2017 reported poor conditions and his friend dying in detention:
I was arrested by the Tatmadaw during a church festival with nine other people. We
had to carry rice between a military base and our village. We were given only a small
portion of hard rice to eat each day and felt hungry all the time. We could only drink
one cup of water per day and were not allowed to drink from the stream nearby. One
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
60
PI-022.
V-055.
PI-052 V-118.
V-055, V-112.
PI-046, PI-056.
PI-044.
PI-035, PI-052.
PI-035.
See this chapter, section A.3: Torture and other ill-treatment.
DI-058, DI-060, PI-079, PI-095.
DI-058, DI-060, PI-109.
DI-060, PI-038, PI- 096.
DI-058, DI-060, PI-019, PI-020, PI-044, PI-080, PI-083, PI-085, PI-092, PI-095.
DI-060, PI-019, PI-020, PI-077, PI-083, PI-084, PI-085, PI-095.
PI-035, PI-077, PI-080.
PI-077.