71 discrimination of any kind.”283 Under the Convention Against Torture, torture is committed “when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”284 Fortify Rights documented how Myanmar officials acting in their official capacity intentionally inflicted physical and mental harm on Rohingya to coerce them into accepting the NVC or to punish those who refused the NVC. Rohingya described how Myanmar officials threatened them with death and imprisonment.285 One Rohingya detainee reported how Myanmar authorities denied him food after he refused to accept the NVC—a form of punishment that the U.N. Human Rights Committee found amounted to “cruel and inhuman treatment.”286 Rohingya who experienced coercive threats by Myanmar authorities described fearing for their lives and experiencing uncertainty about their ability to survive in Myanmar, amounting to mental suffering.287 THE RIGHT TO FREEDOM OF MOVEMENT The right to freedom of movement is enshrined in the UDHR and ICCPR as well as two human rights treaties to which Myanmar is a state party—CEDAW and CRPD.288 The U.N. Human Rights Committee has elaborated on the right to freedom of movement, saying: “[P]ersons are entitled to move from one place to another and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place.”289 The U.N. Guiding Principles on Internal Displacement, which specifically relate to protections for internally displaced persons, such as Rohingya protractedly confined to 24 internment camps in Rakhine State since 2012, also provides that “[e]very internally displaced person has the right to liberty of movement and freedom to choose his or her residence” and that “[i]n particular, internally displaced persons have the right to move freely in and out of camps or other settlements.”290 283 CAT, Art. 1(1). The ICTY noted that torture, as defined by the CAT “reflects customary international law.” Prosecutor v. Anto Furundzija, ICTY, Case No. IT-95-17/1-A, Judgment (Appeals), July 21, 2000, para. 111. 284 CAT, Art. 1(1). 285 See, for example, Fortify Rights interview with G.C., Cox’s Bazar District, Bangladesh, June 18, 2019; Fortify Rights interview with A.C., Cox’s Bazar District, Bangladesh, November 4, 2018; Fortify Rights interview with G.G., Cox’s Bazar District, Bangladesh, June 22, 2019; Fortify Rights interview with D.G., Cox’s Bazar District, Bangladesh, March 10, 2019 (threatening the person with imprisonment); Fortify Rights interview with F.H., Cox’s Bazar District, Bangladesh, June 17, 2019 (threatening the incarcerated person with an extended sentence); Fortify Rights interview with F.B., Cox’s Bazar District, Bangladesh, June 16, 2019 (threatening another prison sentence); Fortify Rights interview with A.C., Cox’s Bazar District, Bangladesh, November 4, 2018; Fortify Rights interview with B.C., Cox’s Bazar District, Bangladesh, November 30, 2018; Fortify Rights interview with A.F., Rakhine State, Myanmar, November 9, 2018; Fortify Rights interview with B.K., Rakhine State, Myanmar, November 10, 2018; Fortify Rights interview with A.I., Rakhine State, Myanmar, November 9, 2018. 286 Fortify Rights interview with G.C., Cox’s Bazar District, Bangladesh, June 18, 2019. Human Rights Committee, Essono Mika Miha v. Equatorial Guinea, U.N. Doc. CCPR/C/51/D/414/1990, August 10, 1994, para. 6.4. 287 While “mental suffering” is not defined in the CAT or the ICCPR and the treaty bodies do not provide lists of such acts in their cases, the Human Rights Committee has found that threats of death or torture can constitute severe mental suffering (referred to as psychological torture.) See, Human Rights Committee, Estrella v. Uruguay, Communication No. 74/1980, U.N. Doc. CCPR/C/OP/2, March 29, 1983, paras. 8.3, 8.4, 10. For example, Rohingya told Fortify Rights, “I feel very sad that I had to accept the NVC”; “I was angry. I was sad”; and “I lost my control then. It was unbearable.” See, Fortify Rights interview with A.C., Cox’s Bazar District, Bangladesh, November 4, 2018; Fortify Rights interview with F.B., Cox’s Bazar District, Bangladesh, June 16, 2019; Fortify Rights interview with D.E., Cox’s Bazar District, Bangladesh, March 10, 2019. 288 UDHR, Art. 13; CRPD, Art. 18. See also, ICCPR, Art. 12(1). 289 Human Right Committee, General Comment 27: Article 12 (Freedom of Movement), U.N. Doc CCPR/C/21/Rev.1/Add.9, November 2, 1999, para. 5. 290 U.N. Economic and Social Council, Guiding Principles on Internal Displacement, U.N. Doc. E/CN.4/1998/53/Add.2, February 11, 1998, Principle 14.