Statement of Myanmar National Human Rights Commission on the Status of its handling of complaints and on the Inspection of prisons, jails and lock-ups in Myanmar in 2022

Statement No 2/2023

1. Myanmar National Human Rights Commission carried out its main functions of Human Rights promotion and protection according to the Duties and Powers of the Commission stated in Chapter V of our Commission’s Law.

2.   According to the yearly plan, the Commission conducted inquiries in respect of complaints and allegations of human rights violations in accordance with Section 22 (c) of our Commission Law and visited the scene of human rights violations and conducted inquiries, on receipt of a complaint or allegations or information in accordance with Section 22 (d) of our Commission Law and the Commission inspected prisons, detention centres, police lockups and places of confinement in accordance with Section 22 (e) of our Commission Law.

3.   During 2022, the Myanmar National Human Rights Commission received 229 complaints on the violations addressed to the Commission. The complaint investi­gation team held 32 complaint screening meetings for examining these complaints and 39 cases were referred to the relevant departments and organizations. In 47 cases, the complainants were advised on more appropriate remedies and other channels of complaint and 143 cases were put on record.

4.   The 143 complaints which are placed on record are the cases which are not in line with the criteria of complaint, the cases under trial before any court, cases under appeal or revision on the decision of any court, and cases that have been finally judged by any court. Since these complaints do not need further actions under the MNHRC law, the MNHRC puts them on the records systematically.

5.   The MNHRC received 121 responses including responses to the complaints received in 2020 and 2021 from the relevant Union Ministries, Union-level organi­zations, Nay Pyi Taw Council, and State and Regional Governments relating to the complaints that MNHRC sent for necessary actions. Subsequently, the MNHRC informed the status of responses to the complainants.

6.   The Myanmar National Human Rights Commission inspected the prisons, jails, detention centres and places of confinement according to Section 43 of our Com­mission 2 Law, in order to ensure that persons imprisoned, detained or confined, are treated humanely and in accordance with international and national human rights laws and COVID-19 disease prevention instructions.

7.   During 2022, the Commission inspected 18 prisons, four jails, 17 detention centres, 25 police lockups, three court detention centres, five youth centres, one childcare centre, one home for the aged and five schools for persons with disabilities.

8.   The inspection team of the Commission inspected the prison, jails, detention cen­tres and police lockups in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners contained in paragraph 41 of Procedure of the MNHRC law to examine whether the prisoners and detainees have the rights to get personal items, healthcare services and purified drinking water.

9.   Besides, the inspection team inspected whether there were human rights viola­tions and torture cases in the prison and inspected the prisoners and detainees in order to ensure that they get the personal items and items sent by the family. Then, the inspection team interviewed 239 prisoners and detainees freely and privately.

10. The Myanmar National Human Rights Commission focused on human rights violations in complaint handling and inspection visits to prisons, jails, lockups and detention centres and urged the relevant departments to reply to our Commission in accordance with Section 38 of the Commission Law.

11. An individual may lodge a complaint with the Commission on his/her own be­half, on behalf of another person or on behalf of a group of persons with a similar cause of complaint concerning any alleged violation of human rights. To lodge complaints or allegations of human rights violations, a written complaint may be sent in person or by registered mail and express mail to No. (27), Pyay Road, Hlaing Township, Yangon. Complaints may be lodged by fax or email to Fax No. 01 654678 and email: https://mnhrc.org.mm.

12. As the Commission handled the complaints of human rights violations and was able to provide remedies for human rights violations and grievances in cooperation with the relevant government departments and organizations, complaints may be sent by the victims themselves or by any person on their behalf if the violations of 3 the rights of children, women, older persons and persons with disabilities occur. The complaint sent shall be attached with a copy of the CSC card.

Myanmar National Human Rights Commission

Dated 2 February 2023