Repeal, or review and amend all laws that violate the rights to freedom of expression, peaceful
assembly and association, including but not limited to provisions of the Penal Code, the Peaceful
Assembly Act, the 1908 Unlawful Associations Act, the 2013 Telecommunications Act, and the
1923 Official Secrets Act to ensure these and other laws comply with international human rights law
and standards. Pending the amendment of these laws to bring them in line with international
standards, ensure that no one is arrested or detained under these provisions; and
Relaunch the Prisoner of Conscience Affairs Committee or establish a new Committee, with a
mandate to review the cases of all those charged or deprived of their liberty simply for the peaceful
exercise of their human rights, with a view to securing their release and having the charges against
them dropped; to formulate and present recommendations to the relevant government ministries
and other authorities aimed at ending arbitrary arrests and detention. Ensure that the Committee is
able to operate independently, effectively and transparently.
METHODOLOGY
This report is based on field research conducted by Amnesty International and focuses on arbitrary arrests 5
and restrictions on freedoms of expression, association and peaceful assembly in Myanmar since the start of
2014, following a wide-ranging Presidential pardon announced on 30 December 2013. It builds on Amnesty
International’s long standing work in documenting, reporting on, and monitoring arbitrary arrests and political
imprisonment in Myanmar and is part of a wider programme of work on restrictions on freedoms of
expression, association and peaceful assembly in the country.
The findings of this report are based primarily on visits to Myanmar by Amnesty International in June to July
2015 and in December 2015. Amnesty International delegates visited Yangon and Mandalay where they
interviewed 71 human rights defenders, activists, lawyers and journalists, members of civil society
organizations, former prisoners of conscience and political prisoners, and relatives of imprisoned individuals.
Interviews were conducted either in English or in the Myanmar language (Burmese) with English
interpretation. All interviewees were informed of the purpose of the interview and how their information might
be used. None received compensation or other financial incentives for their testimony. Due to security
concerns for interviewees, some interviews were conducted by telephone. Telephone interviews and regular email communication continued up until the time of publication.
Amnesty International delegates also met representatives from international non-governmental organizations
(NGOs), the Myanmar National Human Rights Commission (MNHRC), the United Nations (UN), and
diplomatic missions in Myanmar. Finally, the report draws on regular contact with lawyers defending political
detainees; daily news monitoring of issues relating to freedoms of expression, association and peaceful
assembly; extensive analysis of laws in Myanmar; previous visits to Myanmar and Thailand, 6 and in-depth
review of relevant academic and other professional publications.
There are three main situations where arrest, detention or imprisonment is arbitrary: when an individual is deprived of their liberty without a
clear basis in law; where persons are detained solely for the peaceful exercise of certain rights such as freedom of expression or association;
or in cases of sufficiently serious violations of the right to fair trial. See Fact Sheet No. 26, The Working Group on Arbitrary Detention, Section
IV(A)-(B), available at: http://www.ohchr.org/Documents/Publications/FactSheet26en.pdf, accessed 15 February 2015. Arbitrary arrest,
detention and imprisonment are prohibited under international human rights law, for example, in Article 9 of the Universal Declaration of
Human Rights (UDHR) and Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR). It is also prohibited in Article 37(b)
of the Convention on the Rights of the Child (CRC), to which Myanmar is a state party (acceded to on 15 July 1991).
6
Specifically, visits to Myanmar in March 2014 and to Thailand in December 2014, when Amnesty International delegates met
representatives of local and international NGOs as well as lawyers, human rights defenders, and others.
5
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
Amnesty International
9