The Committee should also address the root causes, which allow for prisoners of conscience and political
prisoners to be detained and imprisoned. As such its mandate should include the review of all laws used to
arrest prisoners of conscience; and to make recommendations to the Parliament with a view to repealing or
amending these laws to bring them into line with international human rights law and standards. In addition,
the Committee should formulate and present recommendations to the relevant authorities aimed at ending the
abuse of the criminal law through the fabrication of criminal charges against individuals for politically
motivated reasons. Committee members should also be given access to prisons and be able to interview
prisoners privately, and be granted the authority to question relevant state officials.
The former Scrutinizing Committee and Prisoners of Conscience Affairs Committee were marked by a lack of
information and transparency regarding their mandates and procedures. If a Committee is to conduct
meaningful work, it needs to have a clearly defined mandate, which is made public, and operate
transparently, including by publishing regular activity reports.
It should also comprise members selected on the basis of relevant criteria, including their expertise in the
issues of political arrest and imprisonment, and should include representatives of civil society, former
prisoners of conscience and political prisoners. Additionally, acknowledging many former prisoners of
conscience and political prisoners are women, and that amongst those affected by politically arrest and
imprisonment are family members, the Committee’s composition should also ensure specific expertise
regarding gender issues and children’s rights.
Such a Committee could identify and implement further solutions to end the cycle of political arrest and
imprisonment in Myanmar. However, it represents a viable solution only if the government, including the
Ministry of Home Affairs, has the political will to tackle these issues and their root causes.
5.3 SUPPORT TO FORMER PRISONERS OF CONSCIENCE
AND POLITICAL PRISONERS
Even after their release, many former prisoners of conscience and other political prisoners continue to face a
range of problems relating to their imprisonment and their status as former prisoners. Some people suffer
stigmatization, in particular within their local communities, and also face various administrative obstacles, for
example in enrolling in education courses and seeking employment. Former prisoners of conscience and
political prisoners also reported difficulties obtaining passports or, in the case of those who fled abroad
following their releases, obtaining visas to return to Myanmar.
Lack of access to livelihood opportunities, including employment, keeps many in a situation of poverty. And
importantly, as highlighted in Chapter 2, many former prisoners of conscience and political prisoners were
subjected to torture and other forms of ill-treatment, including long periods in solitary confinement, and now
suffer from physical and psychological health problems as a consequence. Former prisoners of conscience,
political prisoners, and their families have consistently told Amnesty International that they face health
concerns linked to the torture and ill-treatment they suffered while in detention.
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
Amnesty International
48