Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture; however, members of security forces reportedly tortured and otherwise abused prisoners, detainees, and other citizens and stateless persons in incidents not related to armed conflict. Such incidents occurred, for example, in Rakhine and Kachin States. The government did not launch any investigation into reports of sexual violence by the military in prior years.
Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep. Human rights groups continued to report incidents of torture in ethnic minority areas. Authorities generally took no action to investigate incidents or punish alleged perpetrators.
At least two contingents of Border Guard Police (BGP) in northern Rakhine State in August 2017 tortured and otherwise abused 25 Rohingya men and boys, according to a report released during the year by Amnesty International. Torture included severe beatings, burnings, and sexual violence lasting several days or even weeks. One Rohingya teenager described being beaten severely while hung from a chain attached to the ceiling, first with a hard plastic stick, and then with gloves filled with nails.
On August 21, Human Rights Watch reported that the BGP apprehended and tortured six Rohingya refugees who fled to Bangladesh in 2017 and had since returned to Rakhine State. Authorities, accusing them of illegal border crossing, tried the refugees in Burmese, which they did not understand, and sentenced them to four years in prison.
Prison and Detention Center Conditions
The Ministry of Home Affairs operates the prison system and continued during the year to significantly restrict access by international organizations–other than the International Committee of the Red Cross (ICRC)–to prison and detention facilities generally. The military also operates detention facilities and did not permit access. There were continued reports that conditions in prisons and labor camps were harsh and sometimes life threatening due to overcrowding, degrading treatment, and inadequate access to medical care and basic needs, including food, shelter, and hygiene, although observers noted some minor improvement in more centrally located prisons.
Physical Conditions: The Department of Corrections under the Ministry of Home Affairs operated an estimated 47 prisons and 48 labor camps, officially called “agriculture and livestock breeding career training centers” and “manufacturing centers,” according to the government. More than 20,000 inmates were serving their sentences in these labor camps across the country. Authorities reportedly sent prisoners whose sentences did not include “hard labor” to labor camps in contravention of the law and rented out prisoners as labor to private companies. In spite of reforms in recent years, conditions at these camps remain life threatening for some, especially at 18 camps where prisoners work as miners.
A prominent human rights group estimated there were more than 90,000 prisoners; women and men were held separately. Overcrowding was reportedly a serious problem in many prisons and labor camps; a human rights group reported that occupancy at the country’s largest prison was more than double capacity. Some prisons held pretrial detainees together with convicted prisoners. Authorities held some political prisoners separately from common criminals, but political prisoners whom authorities arrested for problems related to land rights were generally held together with common criminals.
Medical supplies and bedding were often inadequate. Bedding sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members had to supplement prisoners’ official rations with medicine and basic necessities. Inmates reportedly paid wardens for necessities, including clean water, prison uniforms, plates, cups, and utensils.
Detainees were unable to access adequate and timely medical care. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, caused or exacerbated by unhygienic conditions and spoiled food. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestation.
There were reports of custodial deaths due to health problems associated with prison conditions and lack of adequate and timely medical care.
Prison conditions in Rakhine State were reportedly among the worst, with hundreds of Rohingya arbitrarily detained in prison and nonprison facilities, denied due process, and subjected to torture and abuse by Rakhine State prison and security officials.
Administration: Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned monks reported authorities denied them permission to observe Buddhist holy days, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. Citing security considerations, authorities denied permission for Muslim prisoners to pray together as a group, as is the practice for Friday prayers and Ramadan. Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions. The ICRC followed up with relevant authorities on allegations of inappropriate conditions.
Independent Monitoring: Although the ICRC had unfettered access to prisons, prisoners, and labor camps, it did not have access to military detention sites. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.