June 26, 2005

The Assistance Association for Political Prisoners (Burma) ('AAPP') is using June 26, the UN International Day in Support of Victims of Torture, to denounce torture in Burma's interrogation centers and prisons, and to call for Burma to ratify the Convention Against Torture.

Than Shwe's regime, has acquired an international reputation for employing the most gruesome forms of torture against political activists. Methods include severe beatings, the rolling of iron bars over shins, electrical shocks to all areas of the body including genitals, and "water torture"--during which water is slowly dripped on the head for hours at a time, resulting in crushing pain. Other methods include the “airplane," in which prisoners are tied upside down by their feet and spun in the air, and "poun zan," in which prisoners are forced to assume difficult standing positions for long periods of time. All methods are extremely painful, and have resulted in the deaths of 94 political prisoners behind bars.

In May, Aung Hlaing Win, an NLD activist, was arrested while dining in a Rangoon teashop. Ten days later his family learned that he was dead –a victim of the SPDC's barbaric torture. He left behind a wife and young son. Only after Aung Hlaing Win's wife sued did the SPDC initiate an investigation. While several medical professionals confirmed that Aung Hlaing Win's autopsy indicates he had been tortured, those who perpetrated such torture have not been properly prosecuted.

"Aung Hlaing Win's death illustrates the continued use of torture on political activists in Burma, and the fact that this torture is so severe that it often results in death." said Ko Tate Naing, Secretary of the AAPP, "The failure to adequately investigate this murder and punish those responsible further shows the SPDC has no respect for international standards that strictly, and without exception, ban the use of torture for any reason."

The SPDC has failed to ratify several treaties that prohibit torture. However, this failure to ratify treaties does not exempt the SPDC from its responsibility to ban all torture. The prohibition of all torture is considered a peremptory norm in international law, meaning that all states are bound to adhere to this prohibition even if they disagree or do not actively agree to prohibit torture. Thus, the SPDC can be held accountable for all torture which takes place in Burma.

While not always resulting in death, the torture that political activists have suffered at the hands of the SPDC have left many to face lifetimes of physical and mental anguish. Several activists have survived their torture only to remain crippled and disabled for life, requiring constant assistance. Many activists also have a range of physical illnesses which require many visits to the doctor and daily medication. All former political prisoners remember their torture vividly, which places a heavy burden on their mental well-being. The scars of torture are never heeled.

The AAPP believes the following three steps should be taken to eradicate torture in Burma.

1) Stop All Incommunicado Detention. One of the most important factors contributing to torture in Burma's interrogation centers and prisons is incommunicado detention. Political activists are arrested and detained without the notification of their family. They are then held weeks, months, and even years before their family members are told where they are. Further, they are denied any legal representation. The torturers are then free to torture with abandon, as they are hidden from any possible witnesses or public awareness.
2) Ratify the Convention Against Torture. As noted, the SPDC has failed to ratify the Convention Against Torture and all similar international treaties. Further, Burma's domestic laws, to the extent that they prohibit torture, are hardly ever enforced. By ratifying international treaties prohibiting torture, the SPDC will show it is serious about its role in the international community, and its responsibility to adhere to international law. The people of Burma have the right to live free of torture.

3) Investigate and Prosecute those Responsible for Torture. The SPDC must end impunity for the torturers. It should take steps to seriously investigate all complaints of torture. When persons are found to have committed torture, they must be put on trial and held accountable. The current failure of the SPDC to investigate and prosecute those responsible for torture shows that the state policy of the SPDC is one that condones torture. Such guarantees of justice will make those who would torture think twice.

Until the SPDC takes these steps, the AAPP remains fearful that torture will continue to be used on political activists. Recently, Amnesty International released a report that noted the SPDC is increasing its arrest of political activists. In June, four members from the NLD (National League for Democracy) and one from DPNS (Democratic Party for a New Society) were given life sentences for simply distributing a pamphlet. Based on the SPDC's past record, they will surely be tortured.

"We believe that torture is used by the SPDC to silence activists and place fear in the hearts of the general public." continued Ko Tate Naing, "If the SPDC is serious about respecting human rights, it must eradicate the use of torture now."