Accordingly, Amnesty International considers that it is essential that the new government ensures that former
prisoners of conscience and other political prisoners have access to restitution and to compensation and
rehabilitation programmes, and that their right to a remedy is respected.
5.4 OTHER RECOMMENDATIONS
The following are Amnesty International’s detailed recommendations to the Myanmar authorities and
international donors which include changes in law, policy and practice to end the cycle of politically motivated
arrests and imprisonment.
RECOMMENDATIONS TO THE MYANMAR AUTHORITIES
Immediately and unconditionally release all those detained simply for the peaceful exercise of their
human rights, and drop charges pending against those who are facing imprisonment simply for the peaceful
exercise of these rights. Expunge the criminal records of all those convicted simply for the peaceful exercise of
their rights.
Review the cases of all those outside the above category, who have been subjected to politically
motivated prosecutions and unfair trials, and determine whether the individual should be released or given a
prompt and fair retrial which complies with international fair trial standards.
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 and
Peaceful Procession 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 standards.
Ensure that, pending the amendment of these laws in line with international standards, no one is arrested or
detained under these provisions.
Ensure that human rights defenders and peaceful activists are free from harassment, discrimination, and
the threat of criminalization through the application of repressive laws; and that they are able to conduct their
important and legitimate work in a safe environment.
Take immediate steps to provide rehabilitation and relevant medical, psychological, and mental health
services and treatment as well as economic and educational support to former prisoners of conscience and
other political prisoners and their families. Ensure that such programmes are designed in full consultation with
former prisoners of conscience and political prisoners, their representatives and family members.
Initiate prompt, independent, and impartial investigations into all allegations of torture or other illtreatment which are made by current or former detainees or prisoners. Ensure that all detainees and
prisoners, including those sentenced to death, are treated in accordance with the Nelson Mandela Rules for
the Treatment of Prisoners.
Take all the necessary legislative, administrative and other measures, including extensive human rights
training for judges, prosecutors and other officials, to ensure that all future trials accord fully with international
standards of fairness.
Become a party without reservation to the International Covenant on Civil and Political Rights and the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and their
optional protocol, at the earliest opportunity.
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
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