TheInternational Secretariat of the World Organisation Against Torture(OMCT) requests your urgent intervention in the following situationin Myanmar/ Burma.

Briefdescription of the situation

TheInternational Secretariat of OMCT has been informed by a reliablesource and Antenna International, a member organisation of OMCTSOS-Torture Network, about the poor health condition of Mr. KhunTun Oo,a senior political leader of the Shan, the largest of Myanmar’sethnic minorities, member of the Committee Representing People’sParliament (CRPP)[1] andchairman of the political party Shan Nationalities League forDemocracy, as a result of harsh conditions of detention in Putaoprison, where he is serving a 93-year prison sentence.

Accordingto the information received, Mr. Khun Tun Oo, 67 years, is sufferingfrom various health problems, among others, diabetes, peptic ulcer,and arthritis. He has also swollen legs due to lack of exercise andmedical treatment. Furthermore, Putao prison,which is located in Kachin State inthe north of the country, is reportedly cold and damp, and thereforeconditions are very harsh.

OMCThas also been informed that Mr. Khun Tun Oo’s family members havebarely been permitted to visit him, also because he is detained in aremote prison, situated far away from the family’s residence.According to the same information, Mr. Khun Tun Oo is not getting theadequate medical attention, and is not permitted to get a medicalcheck-up outside the prison, although the family has applied forpermission on several occasions.

Mr.Khun Tun Oo was arrested on 9 February 2005 along with Major GeneralHso Ten, amember of the Shan State Peace Council, aswell as with Mr. Sai Hla Aungand Mr. Sai Nyunt Lwin,both members of State Army North Ceasefire Group and Shan NationalLeague for Democracy, after they attended aprivate meeting of senior political representatives to discuss theauthorities' plans for political transition, on 7 February 2005. Allfour men were charged, among other things, of high treason andsentenced to lengthy prison terms. They were allegedly heldincommunicado for some time during their detention and suffered actsof ill-treatment. During the court hearings they were not grantedunconditional access to lawyers of their choice.

OMCTis also gravely concerned about the health condition of Mr.Sai Hla Aung and General Hso Ten. Mr. Sai Hla Aung, who is being heldin Kyaukphyu prison, in Arakan State,serving a 79-years prison sentence, is reportedly suffering of ahyperthyroid condition, diabetes and heart disease. General Hso Ten,74 years old, is suffering from a number of health problems, amongothers, diabetes and heart problems, and he is at high risk ofloosing his eyesight, but he has been denied any medical treatment.He is currently detained in Sittwe Prison, in Arakan State,serving a 106 year sentence. Nothing is known to date about thehealth situation of Mr. Sai Nyunt Lwin,sentenced to 85-years in prison.

TheInternational Secretariat of OMCT expresses its deepest concern aboutthe health conditions of Mr. Khun Tun Oo, Major General HsoTen, Mr. Sai Hla Aung and Mr. Sai Nyunt Lwin,and urges the competent authorities to grant them immediate access toindependent medical doctors and to guarantee that they receiveadequate medical care asprovided for by international human rights standards, including theUN Standard Minimum Rules for the Treatment of Prisoners.

Backgroundinformation

InMyanmar/ Burma, prison conditions are very harsh (including poorsanitation, unclean water and denial of adequate food) and being heldbehind bars can have life-threatening consequences. The AssistanceAssociation for Political Prisoners (Burma)has recorded the deaths of146political activists during incarceration since 1988, as a directresult of severe torture, denial of food and medical treatment. Manyothers remain currently detained and are in poor health due to harshprison conditions and denial of adequate medical care[2].The authorities also systematically transfer political prisoners toremote prisons, far from their families and where there are nodoctors. This affects adversely on both the prisoners’ physical andmental health.

Actionrequested

Pleasewrite to the authorities in Myanmar/ Burma urgingthem to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr.Khun Tun Oo, Major General Hso Ten, Mr. SaiHla Aung and Mr. Sai Nyunt Lwin;

ii. Immediately release them on medical urgentgrounds;

iii. Guaranteeunconditional and regular access to their respective lawyers andfamilies, as well as guarantee that they are promptly examined byindependent medical doctors and receive adequate medical care inaccordance with, inter alia,the UN Standard Minimum Rules for the Treatment of Prisoners;

iv. Ensurethe respect of human rights and fundamental freedoms throughout thecountry in accordance with national laws and international humanrights standards.

Addresses

• Minister for Home Affairs, Ministry of Home Affairs, No. 10 Naypyidaw, Myanmar; Tel: +95 67 412 040/ 069/ 072; Fax: +95 67 412 016/ 439; E-mail: ddg.gad@gad.gov.mm

• Minister of Foreign Affairs, Mr. Nyan Win, Ministry of Foreign Affairs, Bldg. (19), Naypyitaw, Myanmar

• Attorney General, Office of the Attorney General, 101 Pansodan Street, Kyauktada Township, Yangon, Myanmar, Fax: + 95 1 371 028/ 282 449 / 282 990

• Permanent Mission of Myanmar to the United Nations in Geneva, 47 avenue Blanc, 1202 Geneva, Switzerland, Tel: + 41 22 906 98 70; Fax: + 41 22 732 89 19; Email: mission.myanmar@ties.itu.int

Pleasealso write to the diplomatic representations of Myanmar/ Burma inyour respective country.

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Geneva,17 February 2011.

Kindlyinform us of any action undertaken quoting the code of this appeal inyour reply.

[1] The CRPP was formed in 1998 as result of a coalition agreement between National League for Democracy (NLD) and other ethnic parties among which also is the Shan Nationalities League for Democracy (SNLD). The CRPP was consequence of the ongoing refusal of the Burman Military Junta to recognize the results of the 1990 elections.

[2] See also for example OMCT Urgent appeal MMR 211210.