"I don't want to be arrested again. Not because of prison difficulties, but because I spent my young life in prison. I think I wasted many years in prison, so I don't want to waste any more years."
- Yin Htwe, former political prisoner and Joint Secretary of the Democratic Party for a New Society (DPNS) released in 2004 after 14 years. (Source: HRDU, 26 May 2004)
3.1 Background
"We shall recommit ourselves to allowing all of our citizens to participate freely in the life of our political process, while giving priority to national unity, peace and stability of the country as well as the region."
- Excerpt from SPDC's statement, "Turning a New Page," 6 May 2002.
The State Peace and Development Council (SPDC) maintains an extensive network of Military Intelligence (MI) agents, police, and government officials ready to detain anyone suspected of holding or expressing anti-government opinions in Burma. Detained individuals are often sentenced for prolonged periods in accordance with laws that are both broad and vague. Throughout years of military occupation in Burma, laws have been established that criminalize freedom of thought, expression, association, assembly and movement, thus legitimizing these arbitrary arrests. The most regularly employed laws used to justify the curtailment of civil, political and basic human rights have been: the 1923 Government's Official Secrets Act; the 1950 Emergency Provisions Act; the 1957 Unlawful Associations Act; the 1962 Printers' and Publishers' Registration Law; the 1975 State Protection Law; and Law No. 5/96. Furthermore, in response to recent advances in telecommunications and internet access in Burma, the SPDC has ratified new laws to provide a system of control over these developing technologies to prevent the people of Burma from using them for opposition activities. (For more information on these laws, please refer to the chapters on Freedom of Expression and Freedom of Assembly and Association.)
Throughout 2003 SPDC personnel continued to arbitrarily detain people across Burma for associating with opposition groups. These types of detentions occurred frequently and in most cases individuals suspected of such illegal association were detained, interrogated and many were tortured, without warrant, charge or trial. Many were held under section 10(a) and (b) of the 1975 State Protection Law, giving the authorities power to detain people for up to five years without trial. In 2003 there were also reports of individuals who disappeared following detention. The number of political activists and opposition forces reportedly arrested this year almost tripled from between 70 - 100 in 2002 to over 270 in 2003. Arbitrary detentions and arrests of ethnic minorities were frequent, even though the junta has signed 22 cease-fire agreements with various ethnic factions to date. Human rights organizations, such as the Karen Human Rights Group (KHRG), have argued that the current definition of 'political prisoner' used in the context of Burma, is too narrow and excludes the thousands of ethnic minority villagers who are routinely arrested, tortured, and imprisoned under Articles 17/1 (contact with illegal organizations) and Article 17/2 (rising against the State) of the 1908 Unlawful Associations Act.
The 30 May attack on Daw Aung San Suu Kyi's motorcade on the road to Depayin, Sagaing Division, resulted in the arbitrary detention of a large number of individuals. The SPDC followed up the attack with a nationwide crackdown on NLD members and other democracy activists. Amnesty international, who made their first ever official visit to Burma in February 2003, reported two months after the Depayin incident that "Over 100 people are known to have been arrested or to have gone missing on or since the events of 30 May… These include Members-of-Parliament-elect; 10 NLD senior leaders; and other NLD members and local supporters," (source: Justice on Trial, Amnesty International, 30 July 2003). The United Nations Special Rapporteur on Human Rights in Burma, Paolo Sergio Pinheiro, following his fifth fact-finding mission to Burma in November 2003, stated in his report to the 60th session of the Commission on Human Rights that he had "received reports that there had been approximately 250 new arrests since 30 May 2003," (source: "Situation of Human Rights in Myanmar," Sixtieth session of the Commission on Human Rights, United Nations Economic and Social Council, Agenda item 9, 5 January 2004).
In addition to individuals arrested for political reasons, SPDC officials continued to arbitrarily arrest and detain people for "crimes", such as failure to pay army taxes or to sell the required crop quota. Many farmers and villagers were arrested in 2003 under such circumstances, including groups of villagers being arrested for failing to find army deserters hidden in the jungle, and those taken for use as guides or porters. Many villagers were arrested and forced to attend military training for the "people's militia" groups. Extortion of money, food and goods, such as walkie-talkies, radios, weapons, and opium, was rife and often served as the catalyst for following arrests. Many of those arrested were released subsequent to payment of these demands. In 2003, many Burmese citizens living in Thailand were, as in past years, arrested and deported by Thai authorities and were reportedly forced to pay high fees to the authorities in Burma for "illegally leaving the country," in order to avoid imprisonment or forced labour. Thai authorities also arrested several Burmese political activists working in Thailand in early 2003 and deported them into the waiting hands of the SPDC, reflecting the more recent Thai government policy thought to appease the Burmese government by ending its tolerance for Burmese activists working within Thai borders.
The release of political prisoners slowed considerably in 2003. The main releases were those who were arrested in connection with the 30 May incident at Depayin when Aung San Suu Kyi and members and supporters were attacked by state sponsored assailants on the way to Depayin, Sagaing Division. At the same time, a number of those arrested in conjunction with the incident remain in detention at the time of writing, including prominent politicians such as Aung San Suu Kyi, NLD Vice Chairman U Tin Oo and other NLD MPs and members. According to the U.S. Department of State, by the end of 2003 all but 14 of the NLD members and supporters who had been arrested along with Aung San Suu Kyi on 30 May had been released. The U.S. Department of State further reported that of the over 100 NLD members who were arrested following 30 May, all but 25 had been released by the end of the year (source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, and Labor, United States Department of State, 25 February 2004). The release of all political prisoners has long been an essential prerequisite of opposition groups and international governments and agencies for dialogue towards reconciliation in the country. Aung San Suu Kyi stated in an interview with the Democratic Voice of Burma (DVB) on 14 March 2003, "We have been saying it since the beginning that the speed of the releases of political prisoners is very slow. We have been saying it for ages, for years in fact - to release all political prisoners unconditionally," (source: “Interview with Daw Aung San Suu Kyi – Part I,” DVB, 14 March 2003). Some political prisoners have had their sentences extended for allegedly trying to send information to the UN about prison conditions and for attempting to circulate news and written materials inside prisons.
Many have accused the SPDC of holding political prisoners hostage in the ongoing dialogue between the military junta and opposition groups. Despite releases that occurred during the year, the Assistance Association for Political Prisoners (Burma) (AAPP), listed 1,413 cases of political prisoners who remained incarcerated at the end of 2003. Among those are 1988 student leader Min Ko Naing, general secretary of the All Burma Federation of Student Unions (ABFSU) Thet Win Aung and NLD political strategist U Win Tin. Those prisoners who gained release in 2003 continued to have their freedom of expression and association severely restricted, and most were made to sign pledges that they would not engage in political activity. Additionally, freed political prisoners were regularly subject to harassment by government officials and had difficulty finding work or continuing their education. Information gathered by AAPP from recently released prisoners indicates the behavior of prison authorities and military intelligence towards both political and non-political prisoners remains brutal. At the time of writing at least 89 political prisoners had died in Burma's prisons since 1988. (Source: AAPP, 2004)
3.2 Black Friday
"I can say that there is Prima Facie evidence that the Depayin incident could not have happened without the connivance of State agents."
- Professor Paulo Sergio Pinheiro, the United Nations Special Rapporteur on Human Rights in Burma. (Source: "Situation of Human Rights in Myanmar," United Nations General Assembly 2003, Fifty eighth session, Agenda item 117 (c), 12 November 2003)
In 2002, NLD offices were allowed to reopen and Aung San Suu Kyi was released from 19 months of house arrest in May 2002 giving rise to hopes of improved political conditions throughout the country. At the same time, UN Envoy Razali Ismail had been brokering secret talks between the SPDC, NLD, and Aung San Suu Kyi since 2000. Yet, by the beginning of 2003, the dialogue had reached a stalemate. Despite the fact that NLD offices were officially allowed to open and the NLD was able to tour the country, Aung San Suu Kyi and members of the NLD faced increasing harassment from members of the USDA or villagers organized by the USDA as they engage in campaign trips. This harassment came to a head on 30 May when Aung San Suu Kyi, Vice Chairman U Tin Oo, NLD members, and NLD supporters were attacked on the way to Depayin, Sagaing Division during the NLD’s Kachin State tour. As the entourage was on its way from Budalin to Depayin and just past a village called Kyi, two Buddhist monks blocked their way, requesting Aung San Suu Kyi give a speech. The convoy of NLD members and supporters were then attacked by people from behind with bamboo sticks and iron rods. Aung San Suu Kyi's car was attacked from the left side, and many of those responsible for her security suffered severe injuries as they blocked the attackers from her car with their bodies. Aung San Suu Kyi's driver managed to speed out of the mayhem and reached Ye Oo, where she was arrested. Many other NLD members, supporters, and local villagers were killed or suffered severe injuries, including NLD deputy chairman, U Tin Oo. Hundreds of NLD members were arrested in connection with the incident. Aung San Suu Kyi was initially detained at Insein prison following her arrest then transferred to a military intelligence unit. U Tin Oo was also detained at Kale Prison in Kale, Sagaing Division. The SPDC indicated that the two were being held under “protective custody” and would be released when the situation in the country became stable again. At the time of this report, Daw Aung San Suu Kyi remained under house arrest at her family home in Rangoon and U Tin Oo remained in Kale Prison in Sagaing Division. (Source: The Second Preliminary Report, The Ad Hoc Commission on Depayin Massacre (Burma), May 2004)
The SPDC claimed that only four people were killed and 50 were injured in the attacks, which they contend were instigated by the NLD. Yet, eyewitness accounts and unofficial sources report the numbers of dead, wounded, and missing were much higher. According to the National Coalition Government of the Union of Burma (NCGUB), the exiled government comprised of representatives elected in the 1990 elections, 11 people were killed. Moreover, the NCGUB claims 103 people were arrested on the night of the attacks including all the front line leaders and many NLD MPs. After the incident, 48 people went missing and another 147 were arrested. Eighteen NLD MPs were imprisoned before the incident, and a further 25 were imprisoned after. As of 31 July 2003 there had been 38 people released (source: NCGUB, 21 July 2003). On 1 July 2003, AAPP reported 69 people were being detained, 94 were missing and 10 were killed in conjunction with the attack at Depayin (source: “NLD Supporters Tried,” DVB, 1 July 2003). Yet, due to the fact that the SPDC has not allowed for an independent and transparent investigation into the events of 30 May, the exact numbers of dead, wounded, missing, and detained remain unknown.
Following the Depayin Massacre the SPDC commenced a severe crackdown on NLD members, with countless arrests occurring all over Burma. At the end of February 2004, the AAPP reported approximately 265 people were either killed, detained or missing in conjunction with the massacre at Depayin and the ensuing crackdown on the democracy movement that continued throughout the second half of 2003. (Source: AAPP, 29 February 2004)
Arrests of NLD Members Following the Depayin Massacre - Partial List of Incidents
On 31 May, 2 secretaries from the Kachin State NLD, 1 of the 2 was named U Ne Win though the other's name was unknown, were arrested. In addition, a lawyer was arrested. All were reportedly arrested by Military Intelligence. (Source: “More Arrests of NLD Members in Kachin State,” DVB, 24 June 2003)
On 1 June, the NLD chairman of Kachin State, U La Seng, was arrested. (Source: “More Arrests of NLD Members in Kachin State,” DVB, 24 June 2003)
On 4 June, 3 NLD members from Chin State: U Aung Thang (age 38), secretary of NLD for Matupi Township; Salai Pa Thang (age 32), a local student leader and a final year law student at the University of Mandalay; and U Hla Moe (age 40), were reportedly arrested by military authorities and sentenced to 11 years in prison. (Source: “3 NLD Leaders in Chin State Sentenced to 11 Years in Prison As Post-May 30 Crackdown Continues,” Khonumthung News Group, 26 June 2003)
On 16 June, 6 youth members of the NLD in Dala Township and 1 member from South Okkalapa, Rangoon were also arrested reportedly by Military Intelligence. (Source: “Mores arrests of NLD Members in Kachin State,” DVB, 24 June 2003)
On 15 June, 8 NLD youth were arrested, among them were: Ko Maung Maung Lay of Kyimyintaing NLD Youth; Ko Ne Win of Lanmadaw NLD Youth and Ko Myin Htay of Tamwe NLD Youth. The names of the other 5 young people, and their whereabouts were not known at the time of this report. Yet, on 1 July it was reported that the 8 were being tried at the Botahtaung Court in Rangoon. The charges were unknown. (Source: “NLD Supporters Tried,” DVB, 1 July 2003)
On 6 July, Ko Than Aung, the chief organizer and Ko Aung Thein Myint, a youth member of Natmauk Township NLD Youth were reportedly arrested by military intelligence in Magwe Division. On 8 July, the chairman of Yenaungyaung, U Khin Win, and the secretary U Maung Maung were also arrested by military intelligence. The 4 were reportedly arrested for trying to organize MPs to sign a letter asking for the release of all of who were detained following the attack at Depayin to be sent to Sr General Than Shwe. The letter was written by the Magwe Division NLD. (Source: “NLD Members Arrested in Magwe Division,” DVB, 10 July 2003)
On the night of 10 July, 3 NLD women members: Daw May Hnin Kyi MP of No.1, Mogok Constituency, living in Rangoon; Daw Myint Myint Sein the chairperson of Central NLD Women; and Daw Leh Leh the treasurer of Central NLD Women, were arrested by military intelligence. It was thought they were arrested because they sent a letter to General Than Shwe asking for the release of all detained following 30 May, for NLD offices to be allowed to open, and for an independent investigation into the events of 30 May. (Source: “NLD Women Detained for Writing to General Than Shwe,” DVB, 11 July 2003)
On 20 July, 4 NLD members from Sintku Township, including Chairman U Sein Htun and Secretary U San were each sentenced to 2 years imprisonment. The other 2 members were U Hla Shwe and Ko Thet Naing. U Ko Gyi, father of Kyaw Soe Lin who drove Daw Aung San Suu Kyi's car during the Depayin trip was arrested on 23 July after meeting his son at Khamti prison. The vice chairman U Saw Htee and Secretary U Kan Htun of Mandalay Division NLD were arrested on 18 July, the same day the junta claims to have released 91 detainees arrested on 30 May. These 3 NLD members were put on trial at Chanaye Thazan Township court. (Source: “Four Township NLD Members Imprisoned for 2 Years: 3 from Mandalay on Trial,” NDD, 28 July 2003)
On 23 August, NLD youth members from Kemmendine Township were arrested after handing out leaflets protesting the events of 30 May and the military's refusal to implement democratic reforms. The leaflets were copies of a widely disseminated letter that was sent to the Committee Representing the People's Parliament (CRPP). (Source: "Burmese Youths Arrested for Distributing Leaflets on May Clashes," DVB, 23 August 2003)
On 5 September, members of the NLD Youth Wing, Ko Thein Naing Oo and Ma Tin Tin Nyo from Dala Township were both sentenced to 7 years in prison after having distributed leaflets referring to the 30 May incident near Depayin, Sagaing Division. The 2 youths were charged with allegedly attempting to incite the people to revolt under Article 5(j) of The 1950 Emergency Provisions Act. (Source: "NLD youth sentenced," DVB, 16 September 2003)
In mid-December, Than Soe (female, age 35) of Laung Lon Township, Nyi Nyi Lay (age 20) of Tha Yet Chaung Township and Phoe Pe (age 19) of Tha Yet Chaung Township, NLD members of Tennasserim Division were arrested. The reasons for their arrests are still unknown. These repeated arrests are said to be following visits of human rights officers from the United Nations and Amnesty International. According to AAPP, "the arrests of NLD members inside Burma after the violent attack on May 30 are still continuing. As the arrests continue inside Burma, we denounce the military government that usually talks about rebuilding democracy in Burma." (Source: Asian Tribune, 2 January 2004)
On 22 December, the SPDC arrested NLD members among them were: Tin Myint (female); Hnin Pa Pa (female); Hla Soe; Hla Oo; Myint Oo; Thaung Win; Aung Aung; and Kyi Win of Mandalay Division. In addition, although several other NLD members were released from prison, they were re-arrested again and sent back. They were originally victims of the attack on 30 May 2003 at Depayin and had been arrested and released previous to this secondary arrest. It was expressed that these re-arrests indicated that the SPDC was trying to give the international community a false impression using the manipulation of release statistics. (Source: “'Arrest-spree' by Burmese Junta of NLD Members in Mandalay and Tennasserim Division continues,” Asian Tribune, 2 January 2004)
3.3 Denial of a Fair and Public Trial
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
- Article 10, of the Universal Declaration of Human Rights.
"Today in Burma, if you have more money that your opponent you will win the case… those who don't have money always lose… The judges these days are taking bribes to buy houses and cars, not just for their basic needs."
– High Court Lawyer from Rangoon (Source: "Justice in Burma?" DVB, 28 February 2003)
While the legal system in Burma is comprised of elements of what was set in place under the British, it remains flawed, particularly in political cases. In 1950, the Emergency Provisions Act was introduced and Article 5(j) cites, "he who causes or intends… to disrupt the security or the reconstruction of stability of the Union…" may be subject to 7 years imprisonment, a fine, or both. It has been conjectured that this act was passed soon after Burma gained independence from the British as a means to contend with internal ethnic resistance. Yet, this act is often used to detain political prisoners. According to the AAPP, there were a minimum of 670 political prisoners held under this act in 2003, just under 50% of all political prisoners. This figure could be much higher as information about the articles under which some prisoners are detained is not available. Additionally, in 1975 the Burma Socialist Programme Party (BSPP) passed the State Protection Act to protect the State from “potentially destructive elements.” Articles 10, 14 and 22 of this act allow for an individual to be detained for up to five years without a trial, and to be re-detained after their initial sentence has been completed and they have been released if they are still considered a threat to the State. Political prisoners held under these articles without a trial are often denied rights that are afforded to prisoners who have already been sentenced. For example, under article 10(a), a detainee can be denied visiting privileges and may be put into solitary confinement.
Consistent with previous years, the SPDC maintained complete control over the legal system and remained unbound by any legislation or constitutional provision for a fair trial, due process of law or any other rights in 2003. The SPDC undertakes the appointment of Judges of the Supreme Court, and the Supreme Court in turn selects judges for and supervises the lower courts. Yet, selection of lower court judges is only made with the approval of the SPDC. Judges may be subject to arbitrary removal at any time at the hands of the SPDC as the Judiciary Law does not include any provisions on the security of their tenure. The military’s power over the judges and the courts renders the courts unable to protect the rights of victims of oppression. In addition, the SPDC has created a myriad of decrees, which limit and repress political activity and various freedoms such as thought, expression, association and movement. Emergency laws are also in place and referred to. The courts are unable to challenge or eliminate this repressive legal system.
In February, the SPDC’s information committee was reported to have claimed that “every Burmese citizen is equal under its legal system" (source: “Justice in Burma?” DVB, 28 February 2003). Yet, in reality political prisoners remain discriminated against and denied not only a fair trial but instead receive an extremely corrupt one, or no trial at all. Some court officials reportedly continued their unprofessional behavior by using overly broad laws including the Emergency Provisions Act of 1950, the Unlawful Associations Act, the Habitual Offenders Act and the Law on Safeguarding the State from the Danger of Destructionists. All of these laws were used to convict political detainees and manipulate the courts to facilitate political ends. Judges on township, district, and division levels as well as government lawyers and legal advisors have been reported to accept bribes. In addition, cases of lawyers losing their license to practice due to taking on political cases have been reported. Other lawyers are reportedly fearful of this consequence of representing political detainees. While some basic rights to due process of law, a fair and public trial, and legal defense are usually respected, the government denies these rights in political cases deemed to be especially sensitive. In criminal cases, however, this right was generally respected. Defense attorneys are permitted 15 days for preparation, and another 15 day delay if requested, and can call and cross-examine witnesses and plea-bargain with the judge to obtain a shorter sentence for their clients (source: “Justice in Burma?” DVB, 28 February 2003).
Reportedly in 2003, no trials of political prisoners, including NLD members, were open to the public, and in many cases reported details of the case were not even available to the defendant's immediate family; such as the reason for arrest, sentencing or location of the person detained. Frequently the detainee is not informed under which section or article he or she is being detained. In addition, detainees rarely have access to legal counsel or the opportunity to obtain release on bail. The accused may be held for lengthy periods of time without any communication. Trials for political detainees are normally held in courtrooms on prison compounds, in a "special court", and defendants are given little chance to speak, are ignored when they do make statements and certainly are not permitted to properly defend themselves. Even after being charged, political prisoners are still denied the right to proper legal counsel. Any defense counsel that may be present at the trial serves little or no purpose as it has been reported that “senior military authorities dictate verdicts in political cases, regardless of the evidence or the law,” (source: Country Reports on Human Rights Practices- 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004). There have been cases reported where Military Intelligence has passed sentence orally at the time of arrest. (Source: AAPP; Myanmar: Justice on Trial, Amnesty International, 30 July 2003)
The UN Special Rapporteur on Human Rights in Burma, Professor Paulo Sergio Pinheiro, in his report to the 60th Commission on Human Rights expressed that he continues to be very concerned about detainees either in pre-trial detention or during trial, who are kept in incommunicado detention. Before and during trial, they are not allowed to receive visitors or parcels, from their families. He stated, "the time between the arrest and the start of the trial is too long, and in many cases detainees are informed of the charges against them only when their trial starts. In addition, the right to a fair trial continues to be denied to political detainees. More often than not, they do not have access to lawyers or, if they do, are not allowed sufficient time to consult with their lawyers to prepare their defense adequately. In most cases, they meet their lawyers, if at all, on trial days." (Source: "Situation of Human Rights in Myanmar," Sixtieth session of the Commission on Human Rights, United Nations Economic and Social Council, Agenda item 9, 5 January 2004)
Following their first ever country visit to Burma, Amnesty International released Justice on Trial, in which Amnesty’s concerns about the administration of justice and the SPDC’s reactions to these concerns were reported. Referring not only to international standards but to the Myanmar Criminal Procedure Code as well, AI expressed strong concerns about trial and sentencing in Burma. Their concerns included the "lack of independence of the judiciary; inability of defendants to call and question witnesses; denial of the right to counsel; lack of judicial appeal; and trials held in camera, in violation of the right to a public trial. Another major problem is the fact that defendants in political cases do not have adequate time to prepare a defense, with or without a lawyer." Moreover, Amnesty expressed concern that the majority of political prisoners receive sentences that are the maximum length possible under the provision of the law under which they are being charged. (Source: Myanmar; Justice on Trial, Amnesty International, 30 July 2003)
There are countless examples of political prisoners being denied a fair and public trial. In early September 2000, five NLD members were arrested: U Naing Naing, Chairperson of the Township Organizing Committee, Pazundaung Township, Rangoon Division; U Aung Myint (Pyapon Ni Lon Oo), Chairperson of the Township Organizing Committee, Bahan Township, Rangoon Division; U Soe Han, Division Organizing Committee, Rangoon Division; U Tun Myint, in charge of the Research Department, NLD head quarters; and U Aye Kyu (Monywa Aung Shin), executive member of the Division Organizing Committee, Sagaing Division. All were second line NLD leaders and highly respected by their community. Previous to their trial they were interrogated by MI and were pressured or tortured in order to obtain confessions. They did not have any legal aid or defense. The judges made their rulings based on the evidence of the plaintiff and the prosecution witnesses, who were the authorities. The evidence of the defendants was ignored. The authorities sentenced each of them to 21 years imprisonment with hard labor for writing a statement asking for the freedom of their leaders (source: AAPP, 2004). According to the Universal Declaration of Human Rights these arrests should never have happened, however the denial of the presumption of innocence and of any form of justice within the trial process is iniquitous.
3.4 Life of Prisoners
"No one shall be subjected to… cruel, inhuman or degrading treatment or punishment."
- Article 5 of the Universal Declaration of Human Rights, 10 December 1948
"I'm not a criminal but I was treated worse....I have spent many hours and been treated as a beast."
- Moe Aye, a former Burmese student political prisoner (Source: Moe Aye, "Ten Years On, The Life and Views of a Burmese Student Political Prisoner," March 1999)
Prison conditions in Burma remain, as in previous years, appalling, and at least 20 out of Burma's 39 prisons detain political prisoners. Prison conditions in Burma meet very little of any international standards such as the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners, and the Body of Principles for the Protection of All Persons Under Any forms of Detention or Imprisonment. Prison conditions in Burmese even fail to meet the standards set forth in the rights entitled to prisoners by the Union of Myanmar Prison Manual under Burmese law. For example, Chapter 11, Article 59[5] of the Union of Myanmar Prison Manual states: ‘A prisoner who has acted in accordance with prison regulations has the right to parole at least 60, 70 or 90 days a year.’ However, political prisoners are more often than not denied this right and if they are offered their legal right to parole it is only on condition they sign an agreement with reference to section 401/1of the Criminal Procedure Code, which in all probability means they will be re-arrested and the rest of their previous sentence will be added to their new sentence. (See section 3.8 on Release for further details.)
Prisons in Burma are places where human rights violations and brutality are everyday occurrences. Abuses include prolonged shackling, torture, lack of proper medical care and insufficient food. Prison conditions in Burma by themselves constitute cruel, inhumane and degrading treatment in other parts of the world. Prisoners are subject to severe overcrowding as they are normally held in cells measuring 2.6 x 3 m (8 x 12 ft.) with three or four inmates per cell for an excess of 20 hours per day. Prisoners sleep, eat and defecate within the cell, sometimes being supplied with only one bowl of water between them to be used for drinking, cleaning and washing. Prisoner's diets are completely inadequate, often consisting of only one meal each day, typically rice and thin bean soup or vegetables, sometimes supplemented with a small piece of fish or meat once a week.
Consequently many prisoners suffer from health complaints which can lead to serious illness or even death. The most common diseases among prisoners are gastrointestinal diseases (amoebic dysentery, bacillary dysentery and diarrhea), jaundice (viral and amoebic hepatitis), AIDS, tuberculosis, and skin diseases. Due to poor sanitation, unclean and semi-cooked food, dirty kitchens, polluted surroundings, and lack of ability to maintain personal hygiene (particularly because of poor water supplies) disease is easily spread. The U.S. Department of State reported that in 2003, prison conditions generally remained "harsh and life threatening," and that "HIV/AIDS infection rates in prison reportedly were high due to communal use of single syringes for injections." (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
During the year, the health of several political prisoners deteriorated due to the poor conditions. According to the U.S. Department of State, "food, clothing, and medical supplies reportedly were in very short supply and that prisoners were forced to rely on their families, who were allowed to visit once every two weeks for 15 minutes per visit, for basic necessities." However this privilege is not often afforded to political prisoners who purposely get sent to prisons in remote areas far away from their families as part of the SPDC's effort to break their spirit. MI officials and local authorities often intimidate and persecute the families, sometimes confiscating their belongings and causing them to lose their jobs so that in the end, they find it very hard to provide regular support for their imprisoned family member. Moreover, until political prisoners have been officially charged with a crime, their families are not permitted to visit or send critical supplementary food or medical supplies. In some cases reported, detainees had to wait years to be officially charges and others were not allowed to receive family visits until months after sentencing. In his report to the 60th session of the Commission on Human Rights, UN Special Rapporteur Paulo Sergio Pinheiro, expressed concerned at the quality of food, and lack of basic necessities, as well as the practice of keeping political prisoners in solitary confinement, in detention locations far from prisoners' homes and the lack of privacy during family visits.
Burmese law states that prisoners should have access to reading materials and to be allowed read and write letters, however this is not common in prisons in Burma, and sometimes prisoners can only have written contact with their families when the ICRC visits the prison. In many cases, prisoners caught with paper or pens are brutally beaten or put in solitary confinement for many days as a punishment. In recent years restrictions on books have been slightly relaxed, and since 1999 some prisons have allowed prisoners to read religious books and magazines.
According to the SPDC, political detainees are separated from common criminals, juveniles from adults, and men from women. They are not allowed to communicate with each other and apart from the political prisoners who are put in solitary confinement, an unknown number are forced to perform hard labor in their respective prisons on a daily basis. The International Committee of the Red Cross (ICRC) reported that the SPDC’s stated position is that political prisoners should not be subjected to hard labor. Political Prisoners who protest of abuse and ill treatment by prison officials are frequently given both severe punishments and additional prison terms.
Despite international monitoring of conditions in Burmese prisons, maltreatment of prisoners has continued to be consistently reported. Yet, numerous prisoner testimonies indicate that conditions did improve temporarily when international organizations visited. The ICRC has been visiting prisons in Burma since May 1999. In March 2000 the ICRC also began visiting labor camps and "government guesthouses," where NLD members have been detained without charge or trial since the party's announcement in September 1998 that they would convene parliament unilaterally. In 2002 ICRC reported its workers visited 3,000 prisoners in 44 places of detention. Moreover, ICRC reports that it has made more than 230 visits in 80 places of detention and registered some 5,800 detainees since 1999 (source: "Myanmar: ICRC prison visits continue," ICRC news 03/91, 5 August 2003). AAPP estimates that there are 100,000 prisoners in 39 prisons, over 70 labor camps, and numerous detention centers (source: AAPP, 2004).
During the year, ICRC believed prison conditions improved slightly from life threatening to poor, though life-threatening conditions could reappear (source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004). The authorities are always given prior notice of international inspection team visits and are therefore able to prepare for these visits resulting in conditions appearing not to reflect the true state of prisons. "Life threatening conditions" continue to be apparent, except when the prison is expecting a visit from an international body. In 2003 the ICRC claimed that it's presence in Burma had improved human rights conditions, especially inside prisons, and that they have been able to make a difference in the lives of Burmese prisoners. Michel Ducraux, the ICRC’s chief delegate in Burma claimed that there has been a marked improvement in the physical, material and psychological conditions of those jailed since Red Cross visits to prisons began in 1999. Some prisoners have also testified that in certain prisons this is in fact the case. (Source: Lisa Schlein, "Red Cross Claims Positive Impact on Burma Human Rights Conditions," Geneva, 7 April 2003)
Myaung Mya Prison Uprising
Approximately 1,000 prisoners are held in Myaung Mya prison located in Irrawaddy Division in lower Burma, 170 miles from Rangoon, at least 65 of which are political prisoners (source: AAPP, 2003). On the evening of 18 August 2003 prisoners demonstrated outside their cells, demanding basic rights. On 21 September Directors Ba Myint and Win Myint, jailers, over a hundred wardens, SPDC troops, and police raided the prison and shackled all prisoners who took part in the demonstration. Chief Director of the Prison Department U Ba Myint visited the prison to investigate the incident, and said, "Prisoners who demonstrated will not be punished.” Despite this statement, the demonstrators were rounded up and beaten severely all that day. All wards and cellblocks were then closed and every prisoner in the prison was also beaten. As a result of the uprising, Irrawaddy Divisional Director Win Myint appointed Chit Ngwe as the new Warden, Ngwe Paw as the new jailer, and new prison staff.
Prior to being the divisional director, Win Myint had been the head warden at Thayawaddy prison, where he had cracked down on a demonstration in 1998, when political prisoners who had completed their prison terms demanded the release of all political prisoners who had completed their prison terms throughout the nation. One prisoner, Ko Aung Kyaw Moe, died after a cruel beating administered following that demonstration. Following Thayawaddy, Win Myint was employed at Insein Central Prison as the head warden. At Insein Prison in January 2001, he sent NLD elected representative U Toe Po, NLD members, and students who demanded their rights to the "Dog Cell" and beat them for one month. The “Dog Cell” is a cell notorious for severe punishment.
On 23 September 2003, 85 prisoners along with prison officers and wardens on duty during the demonstration were transferred. On 11 October, Win Myint returned to Myaung Mya Prison and beat all prisoners for one week. Then, on 13 December, he beat the prisoners for a third time. Under the authority of Win Myint, Officer Ngwe Paw, Officer Maung Pyone and Corporal Myo Lwin willingly participated in these beatings. Prisoners who were able to pay bribes did so in order to escape the beatings.
Win Myint was reported to have personally beaten political prisoners Phyo Min Thein and Phone Thet Naing with a bamboo rod and accused them of not sitting in the proper position. Another prisoner, Zin Bo (a.k.a) Tin Myint was also beaten, shackled, and put in solitary confinement allegedly because the authorities held a grudge against him over a prior dispute. Htoo Htoo Eel and Jame Hpaw Wah, Karen prisoners held under Article 17(1), were also beaten, shackled, and put into solitary confinement because they complained to Win Myint that they were not provided with enough food. Ko Soe Thiha, held under Article 122(1) and sentenced to death, was also beaten, shackled and put into solitary confinement for alleged verbal spats with other prisoners. Win Myint ordered Ngwe Paw, Maung Pyone and Myo Lwin to put a bamboo rod coated with Ngapi (fish paste) into the rectum of Ko Shwe Kyin, who was accused of leading the demonstration by shouting slogans, and of refusing to say "I'm frightened" during the beatings he received. It was reported that Win Myint personally witnessed these abuses from beginning to end.
As a result of the severe beatings, Ko Thein Oo, a prisoner from Ward 3, died days later in the prison hospital. On 13 December, prisoner Ko Kalar Gyi reportedly fainted from fright when he heard that Win Myint would be performing weekly rounds of the prison. Thereafter, he was sent to an outside hospital and died from the wounds he had sustained during the beatings. Ko Aung Ko Lay, a prisoner originally from Labutta Township, reportedly became disabled and suffered psychological trauma as a result of the beatings. Tote Tote, Htay Htay and Than Than, prisoners from the women's ward, were taken to the main jail where they were accused of supporting the demonstration and beaten until they fainted. Ko Theik Oo, who had been assigned to paint the prison office as an outside board worker, was accused of trying to escape, beaten, shackled, and put into solitary confinement in special cell block No. 3. The harsh treatment and suffering of prisoners continued long after the uprising with incidences being reported most recently on 26 April 2004 when political prisoner Ko Daun Mon died of an aneurysm. (Source: "Aftermath of Myaung Mya Prison Uprising," AAPP, May 2004)
Hunger Strike for the Right to Books in Mandalay Prison
From 21 to 25 July, approximately 20 political prisoners in Mandalay Prison in Mandalay Division staged a hunger strike because prison authorities withdrew their right to read. Manadalay Prison is located 432 miles from Rangoon and holds approximately 5,000 prisoners 316 of which are political prisoners (source: AAPP, 2003). The protestors included Zin Mar Aung, Ohmar and Ma Ni, three women who were arrested for their part in the 1996 demonstrations. The protestors’ three demands were for the authorities to return the books they had confiscated, to permit new books to be read, and to let them watch television. Early in the year, authorities installed televisions in several prisons and granted some political prisoners permission to read books and magazines. Soon after the hunger strike was staged, prison authorities commenced negotiations which resulted in an agreement to return the books that were confiscated and to permit additional books to be read. Prison authorities, however, rejected the request for television viewing, saying they would not permit it. It was reported that the students called off the hunger strike in the evening of 25 July since two out of their three demands had been met. (Sources: "Conditions of the Political Prisoners in Monywa Military Hospital," DVB, 6 August 2003; "Hunger Strike Over Reading Ban," Irrawaddy, 6 August 2003; and "Student Political Prisoners Win Right to Books after Hunger Strike," DVB, 11 August 2003)
Reports from Prisons in Burma
Tharawaddy (Thayawaddy) Prison
(Please see "Letter #1" in section 3.17 Appendix 1 for a report from AAPP to Paulo Sergio Pinheiro regarding the conditions of detention and notification of incidences at Thayawaddy Prison, and Interview #1 with Ain Thi and #2 with Yin Htwe, in section 3.10 Personal Accounts of this chapter.)
Shwebo Prison
On 8 October 2003, it was reported that political prisoners who were arrested during the Depayin incident were being detained in Shwebo Jail, kept in prison cells with leaky roofs, and as a result were suffering from coughs and colds. Shwebo Prison is located in Sagaing Division in upper Burma, approximately 503 miles from Rangoon. There are around 10 political prisoners held there (source: AAPP, 2004). U Hla Myint, the chairman of Amarapura Township NLD, was being held there and was reportedly suffering from pains in his fingers which were broken during the assault near Depayin. When he reported his condition to the prison medic, he was only given sleeping pills instead of proper treatment. His family members reported the situation to the authorities. As a result, he was allowed to receive treatment from an outside doctor but he was still kept in a cell with a leaky roof during the wet season. According to U Hla Myint’s daughter, U Hla Myint and other prisoners were suffering from coughs and colds due to staying in cells with leaky roofs. It was further reported that their eyes were stinging and they had to sleep on a wet floor. (Source: "Political prisoners in Burma," DVB, 8 October 2003)
Sittwe Prison
At the end of May 2003, Narinjara News reported that severe food shortages at Sittwe Prison had reached a critical stage and were causing dozens of prisoners to die each month from malnutrition and related diseases. The prison, which has the capacity for 1,600 to 2,000 inmates, had reportedly been facing the food crisis for a long time and the authorities had not taken any steps to address the problem. It was further reported that there were instances of death caused by prolonged malnutrition, which resulted from insufficient and inadequate food supplies.
Sittwe Prison is located in Sittwe, the capital of Arakan State, 590 miles from Rangoon. At the time of this report, there were seven political prisoners in detention there. Many of the prominent political activists of the 1988 Burmese Democracy Movement including student leader Min Ko Naing have spent their prison terms in Sittwe.
It was reported that 70-year-old U Maung Shwe Khaing, who had been in Sittwe Prison for three years accused of possessing a picture of the Bamien Buddha Statue, could not eat the food supplied by the prison authorities because the quality was so poor and inadequate. His relatives were paying a 10,000 kyat monthly bribe to the prison officials in order to send him home cooked food. Moreover, it was reported that the lack of food in the prison was causing more relatives of detained persons to pay monthly bribes ranging from 10,000 to 30,000 kyat in order to send food. For political prisoners, the bribe is reportedly more than for other prisoners. (Source: "Food Shortage in Sittwe Prison," Narinjara, 29 May 2003)
3.5 Political Prisoners in Poor Health
"Because the junta's health is inversely proportional to the health of its political prisoners, policy and practice works towards the continued suffering of political prisoners and slow destruction of their physical and mental health."
- Excerpt from "Statement on Political Prisoners' Health in Burmese Prisons" made by AAPP on 5 March 2004
In March 2004, AAPP reported that there were at least 51 political prisoners in Burma suffering from serious illnesses, and 144 political prisoners who are in need of urgent healthcare (source: AAPP, 6 March 2004). (Please see section 3.17, Appendix 2, at the end of this chapter for a full list of political prisoners suffering health problems). Common diseases in prisons include heart attacks, hypertension, anemia, diabetes, gastric ulcers, piles, diarrhoea, depression, stroke, skin infections, malaria, vision impairment, amoebic hepatitis, dysentery, and HIV/AIDS. Some prisoners have lost their lives in prisons due to the inhumane conditions and resulting diseases. Insufficient or inadequate food resulting in malnutrition; prolonged imprisonment in unsanitary and overcrowded conditions; beatings and torture in interrogation centers and in prison; inadequate healthcare; inaccurate diagnosis; lack of medicine and proper treatment; and insufficient medical personnel and equipment all contribute to the deterioration of the health of prisoners. According to AAPP, there are currently 21 political prisoners over the age of 65 in Burma's prisons, eight of whom are MPs.
Prisoners Suffering from Health Problems - Partial List for 2003

Khin Zaw Win
Khin Zaw Win (age 52), a dentist and researcher, was arrested in 1994 at Rangoon airport on his way to Singapore for carrying documents concerning the NLD. He received a 15-year sentence. On 23 September 2004, UNESCO appealed for his release saying, "He is said to be suffering from several medical problems exacerbated by harsh conditions and insufficient medical care." (Source: "UNESCO Appeals for Release of 'Political Prisoners' in Laos, Myanmar," AFP, 24 September 2003)
Pyone Cho
Pyone Cho, now in his late 30s, was arrested in 1989. As a graduate student at Rangoon University, he played a key role in the pro-democracy uprising in August 1988. After being arrested, Pyone Cho was detained for almost 3 years without trial in Insein Prison. He was sentenced to 7 years under Article 5(j) of the Emergency Provision Act. In 1996, authorities added another 7 years to his term after he, and 23 other prisoners, secretly wrote, illustrated and published periodicals inside the prison and sent letters to the UN complaining about prison conditions. In November 1997, he was transferred from Insein to Thayawaddy Prison. His vision weakened soon after he was transferred, but his disease was never diagnosed and he never received proper treatment. After spending 14.5 years in 2 of Burma's most notorious jails, authorities moved him to the hospital at Insein Prison in March 2003 after his eye problems worsened. Pyone Cho, also known as Htay Win Aung, said he was receiving regular treatment for his eye disease at a Rangoon hospital, but was unsure whether his sight would ever return to normal. "Even if the treatment is successful, it will take a long time for my eyes to recover," he said. Pyone Cho is a leader of the Rangoon University Student Union and a colleague of renowned activist Min Ko Naing. His brother, Thet Win Aung, another student activist, is currently serving a 63-year prison term. (Source: "Student Activist Released, Suffers Eye Disease," Irrawaddy, 28 Nov 2003)

Ko Aung Tun
Ko Aung Tun son of U Thar Tun was a student at Rangoon Institute of Technology, a member of ABFSU and author of the "Student History of Burma 1936-1988." He was arrested on 17 February 1998 and is being held in Thayawaddy prison under Article 5(j) of the 1950 Emergency Provision Act, Article 17(1) of the 1908 Unlawful Associations Act and 17(20) for a sentence of 17 years. In February 2003, he urgently needed a medical examination following an operation on one of his legs. Recently his family requested treatment for him twice from the authorities. While he did receive a minimal medical check, he has largely been ignored and has received inadequate care. (Source: AAPP, 28 February 2003)
Ko Myat San
Ko Myat San son of U Min Nwe Swe is a member of the Tri Colour Group, responsible for the security of Daw Aung San Su Kyi. He was arrested in December 1991 and was first sentenced under Article 5(j) of the 1950 Emergency Provision Act. When he completed his initial sentence, he was further held under Section 10(a) of the 1975 State Protection Act. He is sentenced to 20 years in prison. He has been having a problem with his stomach and has gout. He is currently in Taungoo at the prison hospital, inside the prison; however conditions there are very poor. He is in need of proper treatment. (Source: AAPP, 28 February 2003)

Ko Thet Win Aung
Ko Thet Win Aung was arrested in October 1998 and was sentenced to 60 years imprisonment by summary trial. He was then transferred to Kale prison where he participated in a hunger strike for political prisoners' rights and was moved again to Hkamti Prison. In 2003, he was relocated to Mandalay prison due to his poor health. Although he was transferred in 2003, he is still reportedly in Mandalay hospital suffering from cerebral malaria and depression. (Source: AAPP, 6 March 2004)

Ko Tin Aye
Ko Tin Aye was arrested in 1989 and given 20 years imprisonment by a Martial court. Although his original imprisonment was 20 years, the State Law and Order Restoration Council (SLORC) reduced his term to 10 years in 1993. After he had served his sentence, the authorities failed to release him and extended his sentence under Section 10(a) of the 1975 State Protection Act. He was also reportedly transferred to Mandalay hospital, although there was no information available as to why. (Source: AAPP, 6 March 2004)
Ko Ye Htun Kyaw
Ko Ye Htun Kyaw was arrested with Ko Thet Win Aung in October 1998, and given 20 years imprisonment. He was moved from Insein to Mandalay prison. In March 2004, the AAPP reported that he was in the hospital in Mandalay Prison, although there was no information available about his condition or diagnosis. AAPP indicated that they were extremely concerned about the health of these two student leaders, as they might die due to lack of facilities at the hospital. (Source: AAPP, 6 March 2004)

Nai Ngwe Thein
Nai Ngwe Thein was arrested in 1998 for urging the armed New Mon State Party (NMSP) to reconsider its position on its cease-fire agreement with the SPDC, and for supporting the Committee Representing People's Parliament (CRPP). He was sentenced to 7 years imprisonment with hard labour and sent to Moulmein Prison, Mon State (please see section 3.13 Ethnic Minorites of this chapter for Nai Ngwe Thein's complete profile). Proceeding April 2003, he had toothaches and urinary tract complications. Although the prison doctor suggested that Nai Ngwe Thein be taken to a hospital outside the prison for treatment, the authorities did not agree to this suggestion. Nai Ngwe Thein was put in a small, dark cell and was only allowed outside of his cell for one hour each day. From 2:00 to 3:00 pm, he was able to shower and walk in the prison surroundings, after which he had to return to his cell. Normally, the cells are cool, as the prison is made of bricks and the weather in Moulmein is temperate. He was unable to move in his room for years.
On 5 April 2003 during his fourth year in prison, 80-year-old Nai Ngwe Thein suffered a severe stroke. The officers from the SPDC's Military Intelligence No.5 brought him to Moulmein public hospital in the capital of Mon State. The stroke affected the entire right side of his body and he was unable to move his right hand and leg. After 2 weeks of treatment in the hospital, he was sent back to his small cell again. As he is unable to move, other prisoners assist him in moving around, bathing and eating. According to a letter of March 2003 from the Mon National Council in Australia to the UNHCR in Thailand, Nai Ngwe Thein was reportedly suffering from diabetes and a kidney ailment. (Source: The Mon Forum, HURFOM, Issue No.6/2003, 30 June 2003; "Imprisoned Mon Leaders Health Worsens", Kao Wao, 10 February 2003)
Aung Zaya
Chairman of the Democratic Party for New Society, Aung Zaya, who was released this year after 11 years in detention. He became paralyzed from abuse and inadequate medical attention during his imprisonment and can now only crawl. (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, and Labor, United States Department of State, 25 February 2004)
U Myat Saing
U Myat Saing, the chairman of Taungdwinggyi Township NLD, was released on 17 July 2003 after he had a stroke affecting the left side of his body which rendered him unable to walk. The treasurer of Taundwinggyu NLD, U Thaung Sein, indicated, "He is unable to move his left hand and left foot but he is able to speak properly." He further indicated, "He is treated by a physiotherapist and he is now able to sit up." On 30 April 2000, U Myat Saing and more than 30 other NLD members were arrested for having a dinner party the night before and were sent to Thayet Prision. Some of the youth were released 9 days after their arrest. Yet, 7 NLD township leaders, who were arrested at the time, including U Myat Saing were each sentenced to 7 years in prison. At the beginning of 2003, 6 of these members were released. U Myat Saing continued to be detained until July 2003, but his release was not unconditional. (Source: "NLD Leader Released Due to Poor Health," DVB, 31 July 2003)

U Tun Myint
U Tun Myint was arrested and imprisoned for calling for the release of all prisoners and a political dialogue at the end of 2000. He was arrested at the same time as the NLD MP U Naing Naing, U Aung Shin, Phyapon Nilon Oo, U Soe Han and U Sein Kyaw Maung. They were each sentenced to 21 years in prison. The chairman of NLD's Social Welfare, U Ohn Myint told the DVB that the health condition of U Tun Myint was deteriorating as he is suffering from urinal problems and is in need of an urgent operation. According to U Ohn Myint, "U Tun Myint's situation is quite critical. He was the Head Administrator of the NLD Head Office. We don't know whether he will get an operation but the doctors say that he should," said U Ohn Myint. He further indicated, "They are under detention in custody and it is not easy. They (prisoners) should be treated by the authorities because they are being imprisoned by the government." (Source: "U Tun Myint's Health Deteriorating", DVB, 21 January 2003)

U Win Tin
U Win Tin is a prominent writer and journalist, a Central Executive Committee member and one of the founders of the NLD. Win Tin is currently 74 years of age. He was arrested on 4 July 1989 and received a 20-year prison sentence. He is the only remaining senior member of the NLD, among those arrested in June and July 1989, who has not yet been released, and is being held under Article 5(j) of the 1950 Emergency Provision Act. In 1996, Win Tin received another 7-year sentence, following his participation in a report sent to the UN about human rights violations in Insein Prison (source: AAPP and AI, 2003). U Win Tin suffers from a heart condition and spondylitis (inflammation of the vertebrae), a painful condition that requires a special diet. In 1992, it was reported that he needed surgery, but SPDC authorities refused to transfer him to a hospital. In 1994, a US Congressman who was permitted to visit him in prison reported that Win Tin was in need of dental treatment and appeared to have problems with his vision. He was also wearing a neck brace that did not fit him properly, and was causing him discomfort. During that time, U Win Tin was being held in solitary confinement. In September 1997, he was admitted to Rangoon General Hospital due to heart problems. In 2002, it was reported that Win Tin was suffering from benign prostatic hypertrophy, bleeding pile, and hemorrhoids. He was then sent to Rangoon General Hospital, where he was placed in a Guard Ward. Doctors at the hospital informed military authorities that Win Tin would need to be operated on. However, the authorities refused to permit the operation. There were reports during 2003 that indicate the health of U Win Tin continued to decline. (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, and Labor, United States Department of State, 25 February 2004)
(For an update on Min Ko Naing please see section 3.6 Prolonged Detention of this chapter.)
MPs Suffering Health Problems in Prison
According to Amnesty International, on 4 February 2003, there were 18 MP's in custody. The majority of them were in poor health including at least four who were hospitalized (source: "Political Prisoner's Health deteriorating", DVB, 4 Febraury 2003). As of March 2004 there were 15 MPs detained in Burma's prisons and most of them were in poor health. The following is a partial list of MPs who suffered health problems during their imprisonment in 2003.
Dr. Min Kyi Win
Dr. Min Kyi Win, a Mon National Democratic Front (MNDF) MP, has suffered from gastric problems. However, he also was unable to receive the regular and available foods in the prison. He is a medical doctor and he could not get the medicines he knew he needed. He was arrested in 1998 for urging the armed New Mon State Party (NMSP) to reconsider its position on its cease-fire agreement with the SPDC and for supporting the Committee Representing the People's Parliament (CRPP) along with Dr Min Soe Lin and Nai Ngwe Thein. He was sentenced to 7 years imprisonment with hard labour and sent to Moulmein Prison, Mon state. It was reported that he needed urgent medical treatment in March 2003. (Source: The Mon Forum, HURFOM, Issue No.6/2003, 30 June 2003 and "UN Urged to Pressure Myanmar to Release Ailing Mon Leaders," AFP, 5 March 2003)

Ohn Kyaing
Ohn Kyaing (a.k.a.) Aung Wint, son of U Ba Shin, is an NLD MP for Thingangyun constituency, Rangoon. He was arrested and sentenced to 17 years in 1991 under the Emergency Provision Act, Section 5(A), 5(B) and 5(J). He is in Taungoo Prison suffering from diabetes and hypertension. (Source: AAPP, 2004)

Dr. Min Soe Lin
Early this year, the General Secretary of MNDF, Dr. Min Soe Lin, was in critical condition with tuberculosis and it was feared he could die soon if he remained in jail, according to a letter to the UN, dated 28 February 2003. Dr. Min Soe Lin is MP elect for Ye-1 constituency in Mon State. Information revealed that prison doctors were not providing him with sufficient medicine for his condition. Although the prison doctor treated him regularly and provided him with medicines, his health condition was not improving. As he is also a medical doctor, he ordered better medicines from his wife but she could not bring them because the prison authorities only allowed family members to visit twice a month. Although he asked authorities for proper treatment, he was not permitted. The prison conditions also contributed to the serious nature of his health condition. Most prisoners do not have mosquito nets, good beds, clean water to drink, sufficiently nutritious food or medicines. Dr. Min Soe Lin has been in Moulmein Prison since he was arrested in 1998, along with Nai Ngwe Thein and Dr. Min Kyi Win. They were all sentenced to 7 years imprisonment with hard labour. (Source: HURFOM, Issue No.6/2003, 30 June 2003 and "UN Urged to Pressure Myanmar to Release Ailing Mon Leaders," AFP, 5 March 2003)

Khin Maung Swe
Khin Maung Swe, son of U Maung Aye, is an NLD MP for Sanchuang constituency, Rangoon. He was arrested on 6 October 1994, and sentenced to 7 years under Article 5(j) of the 1950 Emergency Provision Act. He is in Myinyan prison, suffering from skin infections and hypertension. (Source: AAPP, 2004)
Soe Win
Soe Win (age 58), son of U Kyin Syne, was elected as MP for the National Party for Democracy, Pegu Division in the May 1990 general election. He holds a bachelor's degree in Economic and Industrial Production, and has served in the NLD's Information Department since 1990. During the 1988 peoples uprising, he was a bodyguard for Aung San Suu Kyi. His organization, the NPD was banned on 20 December 1990, and he has been working for the NLD since it was created. He is also a member of the Committee Representing the People's Parliament (CRPP), which was founded in 1998.
Soe Win MP was arrested after the 30 May 2003 massacre near Depayin. He was detained and interrogated between 5 June and 29 June 2003. During his interrogation, he was reportedly tortured. As a result, he received serious injuries to his head and right eye. On 29 June, military authorities sent Soe Win home, where he was unable to walk or speak and had very low blood pressure. Shortly after his release, he suffered a stroke. Military officials denied Soe Win had been beaten, saying he injured himself in a fall while in jail. After struggling with serious pain, the elected MP was admitted into the Asia Tawwin private hospital in San Gyaung, Rangoon in the early morning of 4 July. It was reported that an eye specialist who saw Soe Win said no treatment could restore his vision. A senior member of the NLD also quoted the physician as saying the disease was spreading to Soe Win's left eye as well. To avoid interrogation in custody, it was reported that he attempted suicide by taking an overdose of diuretics. He was reportedly still recovering in the hospital on 7 July but was unable to walk or speak for weeks. (Sources: "MP Released after Suicide Attempt," Irrawaddy, 7 July 2003; "MP Blinded by Torture," Irrawaddy, 25 August 2003; and "Torture or Death Sentence?" statement released by AAPP on 9 July 2003)

Sein Hla Oo
Sein Hla Oo, son of U Phoe Ba, is an NLD MP for Insein 2 constituency, Rangoon. He was arrested on 6 October 1994, sentenced to 7 years under Article 5(j) of the 1950 Emergency Provision Act and is now being detained under Article 10 (a) of the 1975 State Protection Act. He is being held in Myitkyina Prison and is suffering from hypertension. (Source: AAPP, 2004)

Naing Naing (Nine Nine)
Nine Nine (a.k.a.) Saw Naing Naing (age 62) is an NLD MP and son of U Saw Ba Thein. He was born on 3 April 1942 in Kyaik Hto, Karen State. He holds a Post-Graduate Diploma in Management and Administration from Rangoon University and was a government Trade Corporation Manager from 1967-1983 when he resigned from his job. He then worked as a consultant. After the 1988 uprising, Naing Naing became Chairperson of the Pazundaung Township NLD, and was elected Member of Parliament for Pazundaung constituency, Rangoon in the 1990 general elections. On 25 October 1990, Naing Naing was arrested and then sentenced to 10 years imprisonment. He served the next 9 years in Insein and Thayet Prisons. This time in prison significantly contributed to the deterioration of his health. Upon his release in 1999 Naing Naing became a leading member of the Supporting Committee to NLD Youth. Naing Naing was rearrested in 2000 for his prominent activities in this committee and his authorship of an article in the NLD bulletin. This was Naing Naing's second imprisonment by the SPDC. He was sentenced to 21 years imprisonment on 20 December 2000, under Article 5(j) of the 1950 Emergency Provision Act and 17(20), and is serving his time in Insein Prison. It was reported that in 2002, he was suffering from serious hernia complications and in October 2002 prison authorities denied Naing Naing's request for medical treatment. In December 2002, AAPP reported that U Naing Naing was getting swollen resulting from the serious health problems related his hernia. He is currently suffering from a gastric ulcer; coronary heart disease; hydrocoele; and according to laboratory examinations, he carries the micro-organism of elephantiasis. AAPP believes that, without proper medical care, his health will continue to deteriorate. (Source: AAPP, 2004)
Aung Soe Myint
Aung Soe Myint is an NLD MP for Taungoo constituency and son of U Ohn Kyaw. He was arrested on 31 August 2003 and sentenced to 7 years imprisonment under section 51. He is currently in Taungoo prison, suffering from diabetes and hypertension. (Source: AAPP, 2004)
Ohn Maung
Ohn Maung, son of U Shwe Hla, is an NLD MP for Nyaunglebin 1 constituency in Pegu. He was sentenced to 7 years under Article 5(j) of the 1950 Emergency Provision Act and is in Insein Prison, suffering from benign prostatic hypertrophy; heart disease; gastric ulcer; and a liver problem. (Source: AAPP, 2004)
Dr Than Nyein
Dr Than Nyein, son of U Maung Sein, is an NLD MP for Kyauktan 2 constituency, Rangoon. In 1997, he was sentenced to 7 years imprisonment under Article 5(j) of the 1950 Emergency Provision Act in Insein prison. He is now being held under 10(a) of the 1975 State Protection Act. We have no information regarding his disease. It was reported that in February 2003, it was not clear where the authorities were keeping the Kyauktan Township MP, Dr Than Nyein but he was transferred from Rangoon general hospital back to Insein Prison. (Source: AAPP and "Political Prisoners' Health Deteriorating," DVB, 4 February 2003)

Dr Zaw Myint Maung
Dr Zaw Myint Maung, son of U Chit Maung, is an NLD MP for Amarapura 1 constituency, Mandalay. He was arrested in November 1990 and sentenced to 37 years. He is being held under section 122(4) and 5(e) in Myitkyina Prison. He is suffering from a liver problem. (Source: AAPP, 2004) (For more information on Dr Zaw Myint Maung please see section 3.9, Political Prisoners: A few profiles in this chapter.)
3.6 Prolonged Detention
"I'll never die. Physically I might be dead, but many more Min Ko Naings will appear to take my place. As you know, Min Ko Naing can only conquer a bad king. If the ruler is good, we will carry him on our shoulders."
- Min Ko Naing, 1988
As of the end of 2003, the AAPP estimated at least 23 political prisoners remained imprisoned after having already completed their sentences (source: AAPP, 2003). At the same time, the U.S. Department of State estimates this number to be as high as 50. In 2003, a number of political prisoners released by the SPDC had already completed their prison terms and were being detained after having been given extensions of their original sentences under Article 10(a) of the 1975 State Protection Act, also known as the "Law Safeguarding the State from the Dangers of Subversive Elements." This law allows prisoners’ terms to be extended by one-year intervals for up to five years by order of the Ministry of Home Affairs. In his report to the 60th session of the Commission on Human Rights, the UN Special Rapporteur expressed particular concern regarding prolonged detention stating, "This practice continues to be applied even to very elderly and infirm prisoners.” Furthermore, he highlighted that the legislation allowing for prolonged detention is in clear contravention of international human rights standards. (Source: "Situation of Human Rights in Myanmar," Sixtieth session of the Commission on Human Rights, United Nations Economic and Social Council, Agenda item 9, 5 January 2004)
Some prisoners have had additional terms of detention added to their original sentence due to accusations of unacceptable behavior while in prison, such as procuring newspapers or writing to international organizations informing them of conditions inside prisons. (Please see Interview #2 with Yin Htwe in section 3.10 Personal Accounts of this chapter.) One political prisoner, U Win Tin, was originally sentenced to 3 years in prison, but his sentence was extended twice, most recently in March 1996, as a punishment for smuggling out a report to the United Nations describing the appalling prison conditions in Insein Prison.
In some cases, prisoners are given sentences that are far more severe that the “crimes" they have committed deserve. These sentences are often extended after further interrogation. A good example of this is Thet Win Aung, a.k.a. Moe Naing and a leading member of ABFSU, who was arrested in 1998 after running from the MI for two years. He was sentenced to 52 years imprisonment which was then extended to 60 years. If he serves his sentence in full, he will be nearly 87 years old when he is released. He was being held in Hkanti Prison, but the latest information at the time of this report is that he was among some prisoners transferred to an unknown location.
Some prisoners have not been given an explanation for their prolonged detention. In some cases, prisoners who have served their sentences are reportedly taken to the prison gates as if to be released and then taken back to their cells. On 30 March 2003, Kyaw Hsan, a 74-year-old MP-Elect and retired army colonel, completed his politically motivated 10-year prison term and was in the process of being released. However, when in sight of his family at the prison gate he was forced to return to his cell. At the end of 2003, he was still being held indefinitely in prison (source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004). There have also been reports of prisoners who signed an agreement of conditional release 3 times and have been promised release, yet each time they have remained in custody. Many have suffered from mental illness after experiencing this kind of systematic psychological torture. (Source: AAPP, 2003)
Min Ko Naing
Min Ko Naing, alias Paw U Tun, Chairman of ABFSU, was arrested on 24 March 1989 for opposition activities. He was held under the State Protection Act 10(a) until 1991 when the regime changed his charge to 124(d) and he was given 15 years imprisonment. This sentence was commuted to 10 years in 1993 under a general amnesty. While he completed his original 10-year prison sentence in 1999, Min Ko Naing was again subject to detention under the State Protection Act 10(a) allowing him to be detained for up to another 5 years. On 23 March 2004, he had been in prison for exactly 15 years. In July 2004, he completed the 5-year extension.
Min Ko Naing was initially detained in solitary confinement in Insein Prison, Rangoon but has been regularly moved from one prison to another. At the time of this report, he was detained in Sittwe Prison, nearly 600 miles away from his family in Rangoon. These moves have created difficulties for international organizations to monitor his condition. Min Ko Naing was reportedly severely tortured and ill treated during the early stages of his detention and his health has suffered as a consequence. He has been described as nervous, thin and pale. In their Country Reports on Human Rights Practices - 2003, the U.S. Department of State expressed “serious concerns” about the state of Min Ko Naing’s health. On 25 October 2001, the United Nations Working Group on Arbitrary Detention (WGAD) ruled that his detention contravened the Universal Declaration of Human Rights, and called for the SPDC to take the necessary steps to release him. To date the regime has ignored the ruling (source: "WGAD Cites Arbitrary Detention,” Irrawaddy. 3 November 2003). During his 15 years imprisonment, Military Intelligence personnell have visited him many times and tried to force him to sign an agreement indicating he would no longer be involved in politics after his release. He never signs. (Source: AAPP, 2003)
Political prisoners who have completed their sentences but remain imprisoned at the end of 2003:
Name Prison
(1) Aung Khin Taungoo
(2) Bo Bo Han Mandalay
(3) Htay Kywe Thayawaddy
(4) Htway Aung Insein
(5) Htwe Myint Insein
(6) Khin Maung Than Mandalay
(7) Khin Maung Ye @ Tin Aye Mandalay
(8) Ko Ko Gyi Thayat
(9) Kyaw Mya Myingyan
(10) Kyaw San Insein
(11) Min Ko Naing @ Paw Oo Tun Sittwe
(12) Myat San Taungoo
(13) Naing Myint @ Myint Soe Mandalay
(14) Nay Win, Dr Myitkyina
(15) Soe Myint Mandalay
(16) Than Naing@Pagan@Ko Oo Taungoo
(17) Than Swe Unknown
(18) Thein Than Oo Mandalay
(19) Thu Wai Insein
(20) Tin Aung Kale
(21) Tin Tun Insein
(22) Tun Oo Mandalay
(23) Ye Nyunt Mandalay
(24) Zaw Min Thayet
(Source: AAPP, 2004)
3.7 Death in Custody
"The price of liberty has never been cheap, and in Burma it is particularly high"
- Aung San Suu Kyi
From the time of the 1988 uprising until 18 December 2003, at least 84 political prisoners died while in custody, according to prisoner rights advocacy group AAPP. At the time of writing, the figure had risen to 89. In 2003, one political prisoner death was confirmed, and several deaths were reported under disputed circumstances. Amnesty International compiled a list in 2003 of 17 persons who had disappeared throughout 2002 and were still missing at the end of 2003 (source: Country Reports on Human Rights Practices- 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004). In the beginning of the year, Tate Naing, secretary of the AAPP stated, "We now have nearly a hundred yet-to-be confirmed cases of political prisoners who have disappeared," (source: "Fears for Missing Political Prisoners", Irrawaddy, 27 January 2003).
On 12 December 2003, Saw Sar Htoo Saw from the Karen National Union (KNU) died from Tuberculosis in Insein Prison Hospital. He was arrested and sentenced to the death penalty in 1983. Due to a general amnesty in 1989, his death sentence was substituted with life imprisonment and he lived his last 20 years in prison. He was among other members of the KNU and Karen and Rakhine ethnic political prisoners, who were arrested and detained during the period of the Burma Socialist Programme Party (BSPP). They also have been detained in prisons continually throughout the successive regimes from the BSPP, to the State Law and Order Restoration Council (SLORC) and the current State Peace and Development Council (SPDC). The AAPP reported, "It is clear that these deaths in custody are the result of the unjust arrests of the military regime, detention by imposing long-term imprisonments and, at worst, the intentional negligence of the health conditions of political prisoners, thus breaking fundamental human rights in prisons". (Source: "Burmese Military Regime with No Trustworthiness," AAPP, 18 December 2003)

On 8 September 2003, 74-year-old Tin Aye, former Chairman of the University Student Union, died, a month after the SPDC released him directly into the hospital from a lengthy prison sentence. (Source: Country Reports on Human Rights Practices- 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
Four shot by authorities in hunger strike
On 5 September, seven political prisoners commenced a hunger strike in Bassein Prison, Irrawaddy Division, 140 miles from Rangoon, to protest the detention of Daw Aung San Suu Kyi. The participants of the initial hunger strike were Ko Aung Hlaing Win of Oaktwin (death sentence); Ko Myo Aung of Pegu (death sentence); Ko Myo Thant of Pegu, brother of Ko Myo Aung (death sentence); Ko Myo Minn Zaw of Bahan (52 year sentence); Ko Than Htay of Dawpone (21 year sentence); Ko Kyaw Zin Htway of Thinggangyun (28 year sentence); Ko Nay Aung of Pyinmana (8 year sentence). Their main demands were the immediate release of Daw Aung San Suu Kyi, the unconditional release of all political prisoners, the implementation of the 1990 election results, and the improvement of living conditions of political prisoners in all prisons throughout Burma.
On 14 September, prison authorities stopped giving water to the protesters. On 8 September, ordinary prisoners joined the political prisoners in their protest. According to the Democratic Voice of Burma, security forces came to the prison on 15 September and brutally supressed the rebellion. The authorities were reported to have indiscriminately opened fire on the prisoners instantly killing at least four people, including some who were about to be released. Ten people were hospitalized and according to unconfirmed reports, seven of the wounded died later in the hospital. Approximately, 150 prisoners were taken away from Bassein Prison on two TE trucks, but it is not known where they were taken. At the time of this report, no additional information had been released. (Source: "Prisoners Stage Hunger Strikes in Bassein Prison," DVB, 10 September 2003; "Prisoners Shot Dead in Bassein Prison," DVB, 16 September 2003)
3.8 Release of Political Prisoners
"When any person has been sentenced to punishment for an offence, the President of the Union may at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."
-Section 401/1 of the Criminal Procedure Code.
The SPDC’s release of approximately 300 political prisoners in 2002 including NLD General Secretary Aung San Suu Kyi, gave rise to hopes of progress towards political changes in Burma. Yet, 1,300 political prisoners remained in detention and the rate of releases slowed considerably. In 2003, there were between 36 and 50 released political prisoners reported, who were arrested prior to the attack on the NLD at Depayin on 30 May. During the 30 May attack, the SPDC detained over 100 NLD supporters and by the end of the year, all except 14 were released. At the end of 2003 there were still over 1,300 prisoners being detained for expression of their beliefs in Burma's prisons, including NLD leaders Aung San Suu Kyi and U Tin Oo. At the beginning of November 2003, the UN Special Rapporteur Paolo Sergio Pinheiro, demanded the junta release all political prisoners from their prison "hell," and further expressed his frustration and embarrassment at the lack of progress on the issue. (Source: AFP, 10 November 2003)
Throughout the year, it was increasingly reported that political prisoners were released based on their sentences being suspended after signing a document in reference to Section 401/1 of the Criminal Procedure Code. Essentially, this is an agreement by the prisoner that following their release they will not engage in political activities or associations of any kind, with the threat of being rearrested and having the remainder of their previous term added to a new sentence. This agreement gives the SPDC the power to release the prisoner and simultaneously maintain the ability to rearrest the prisoner at will. (For more information please see Interview #1 with Aae Mondarar, in section 3.17 Appendix 1 of this chapter.)
In addition, Section 401/3 states that, "If any condition on which a sentence has been suspended… is, in the opinion of the President of Union, not fulfilled, the President of the Union may cancel the suspension or remission, and there upon the offender… may, if at large, be arrested by any police-officer without warrant and remanded to undergo the un- expired portion of the sentence." Therefore, all political prisoners who have been released are subject to the "opinion" of the authorities in power. In an unstable military rule, such as is in Burma, this practice allows the SPDC freedom to hand out extended sentences on political prisoners legitimately, and provides another means for the SPDC to deny the general population freedom of thought, expression and association.
After prisoners have been released, their suffering is not necessarily over. Their have been reports of ex- political prisoners having daily visits at their homes from MI officers, wanting to know exactly where they have been, and with whom they have been associating. Some ex-prisoners reportedly receive a regular weekly visit from MI officials on a specific day of the week. Released political prisoners are often threatened not to participate in future political activities. The families of political prisoners have also been subject to harassment as some may have lost their jobs for unknown reasons yet connected to their relative’s detention. Family members may also be subject to questioning about their own and their relative’s movements and associations. MI officials have been reported to warn potential employers not to hire former political prisoners, creating obstacles for released political prisoners to earn a living. During politically sensitive periods, such as opposition and national anniversary dates, former political prisoners are often detained and interrogated without reason. Student political prisoners who are released from prison are usually not allowed to rejoin universities, and ex-prisoners are refused a passport when they want to go abroad for education or business. By severely limiting their educational and economic opportunities, the SPDC attempts to marginalize ex-political prisoners from society.
Partial Timeline of Releases of Political Prisoners During 2003
On 16 March 2003, in what some thought to be a pre-emptive gesture to appease the UN before the Special Rapporteur's visit, 45 prisoners were released, including four political prisoners. The four political prisoners were Phoe Hla Pyeit from Bassein Prison; Thura Aung from Insein Prison, recently held in Maung Mya prison due to poor health; Hlaing Myat from Myaung Mya Prison; and Mya Sabai Moe who was pregnant and suffering from rheumatism and depression. (Source: AAPP, 2003)
On 3 and 5 May 2003, the SPDC released three political prisoners from Mandalay prison: Tin Myint, 47, Htay Thein, 44, and Zaw Min, 42, who spent 14 years in jail for allegedly having links to the Communist party of Burma. (Source: NCGUB, 2003)
On 4 May 2003, 18 political prisoners were released, including Dr Salai Tun Than, who had been staging a hunger strike, and was suffering from ill health. This number also included members of the NLD, DPNS, and ABSDF. Those released were threatened that if they resumed their political activities they could be re-incarcerated for the rest of their sentences. The SPDC claimed that the decision was made after taking "health and humanitarian concerns" into consideration. (Source: "Dr Salai Tun Than and Others Released," Irrawaddy, 5 May 2003).
On 20 May 2003, joint Secretary General-1 of the SNLD, Sai Nood, a.k.a Sai Nyunt Lwin, was somewhat quietly discharged from prison after more than 3 months in custody. He was arrested during Amnesty International's first visit to Burma. (Source: “Shan Politician Released,” Shan Herald Agency for News, 25 May 2003).
On 17 July 2003, U Myat Saing, the chairman of Taungdwinggyi Township NLD, was released after suffering a stroke whilst he was in custody. (Source: "NLD Leader Released Due to Poor Health," DVB, 31 July 2003) (For more information please see Political Prisoners in Poor Health section 3.5 of this chapter.)
On 22 July 2003, two NLD members and two NLD youth members, who were arrested at the beginning of July, were released. Proceeding their release they were told to sign a "document." (Source: “SPDC Releases NLD Officials in Yenangyaung,” DVB, 22 July 2003)
On 1 August 2003, NLD MP-elect, Khun Myint Htun, 41, of eastern Mon State was released after seven years in custody. He was sentenced along with 19 others in 1996 for "unlawful association with underground elements." (Source: “Myanmar MP Released from Jail after 7 Years Behind Bars," AFP, 8 August 2003)
At the beginning of November 2003, it was reported that Aung San Suu Kyi stated she would refuse her freedom unless the rest of her colleagues detained at the Depayin incident on 30 May were also released. At the time of writing she remains under detention at her house just outside Rangoon. (Source: “Myanmar Junta Releases Five Top Pro-Democracy Leaders from House Arrest,” AFP, 24 November 2003)
On 23 November 2003, NLD members Hla Pe, Nyunt Wai, Than Tun and Soe Myint were released after from six months of house arrest. On 24 November, NLD member Lun Tin was also released from house arrest. The five had been detained following the attack on the NLD at Depayin on 30 May. (Source: “Myanmar Junta Releases Five Top Pro-Democracy Leaders from House Arrest,” AFP, 24 November 2003)
3.9 Political Prisoners — a few profiles
Name: Dr. Than Nyein MP
Occupation: Member of Parliament, NLD
Date of Birth: 18 October 1936
Address: Kyauktan, Rangoon
Law Violation: Article 5(j) of the 1950 Emergency Provision Act
Sentence: 7 years
Prison: Insein Prison
Dr.Than Nyein, the son of Maung Sein, was born in Khanaung Village, Kyauktan, Rangoon, he is 78 years old. His younger sister Khin Win Shwe is the wife of Lt. Gen. Khin Nyunt, the current SPDC Prime-Minister. He obtained a medical degree from Rangoon Institute of Medicine in 1963 and worked as an assistant and township doctor from 1964-88. He was also a volunteer doctor for the United Nations in Sri Lanka from 1982-84. While he was running a private clinic in Thakayta Township in Rangoon, the military authorities arrested him for not paying the registration fee for the clinic. He was charged under Article 9(1c) of the 1972 People's Health Affairs Act but the authorities released him after he paid a fine. He became the Vice-Chairman of the Rangoon Division Organizing Committee for the NLD and was forced to retire from his position as a doctor because of his involvement in the 1988 uprising. On 28 October 1997, the SPDC blocked a delegation of NLD members and leaders from holding a meeting with NLD youth in Mayangone Township, Rangoon. Many NLD members were forced into waiting vehicles and dumped near townships outside Rangoon. Dr. Than Nyein was arrested along with seven others. All detainees were sentenced to seven years imprisonment under Article 5(j) of the 1950 Emergency Provision Act on 10 December 1997. At the time of this report, he was being held in Insein Prison. (Source: AAPP, 2003)

Name: Aaung Myint a.k.a. Phya Pon Ni Loan Oo
Occupation: Poet, writer, editor and chairperson of NLD Bahan Township, Rangoon
Date of birth: 27 September 1942
Address: Ingjin Myaing, Rangoon
Law Violation: Article 5(j) of the 1950 Emergency Provision Act, Sections 17/20 of the Printers and Publications Act
Sentence: 21 years
Prison:
Insein
Aung Myint, whose pen name is Pyapon Ni Lon Oo, was born on 27 September 1942,
in Phya Pon Township, son of U Ban Du and Daw Hla Kyin. He is married to Kyin
Saing a.k.a. Thapyae who is a writer and the current editor-in-chief
of Cherry Magazine. Aung Myint is a well-known poet in Burma, and NLD
chairperson of in Bahan Township branch, Rangoon. He was originally arrested in
1997, and sentenced to two years imprisonment for invading a house. In fact, he
was there organizing a former NLD member. When he was released from prison at
the end of 1998, the SPDC forbade him to run Cherry magazine, and
all his writings were censored from
March 1999. Before he was arrested on 13 September 2000, he supervised
NLD's literature affairs, and was involved in activities such as publishing,
talk shows and discussions. He was sentenced to 21 years imprisonment under
Article 5(j) of the 1950 Emergency Provision Act,
Sections 17/20 of the Printers and Publications
Act and Article 17(1) of the 1908 Unlawful Associations Act when he
participated in releasing a statement on Aung San Suu Kyi and NLD members'
standoff outside Rangoon. At the time of this report, he was being held in
Insein Prison, Rangoon. (Source: AAPP, 2003)

Name: Dr. Zaw Myint Maung MP
Occupation: Member of Parliament, NLD
Date of Birth: 11 December 1951
Address: Mandalay
Law Violation: Section 122(4) of the Penal Code, Article 5(e) of the 1950 Emergency Provision Act and articles 122 (1) and 17(20)
Sentence: 37 years (25+12 years)
Prison: Myintkyina
Dr. Zaw Myin Maung, son of U Chit Maung, was born on 11 December 1951. He graduated from the Mandalay Institute of Medicine in 1979. He was in charge of the Yurthitgyi Hospital, Sagaing Division and worked as a Chemistry Lecturer at Mandalay University from 1983-88. After participating in the 1988 democracy uprising, he joined the National League for Democracy and he was elected to represent the Amarapura 1 constituency in Mandalay in the 1990 elections. He was arrested in November 1990, for attending meetings in Mandalay to form a provisional government, charged under Penal Code Section 122(4) and sentenced to 25 years imprisonment. The Election Commission dismissed him from parliament on 27 November 1991, and banned him from running in future elections.
In March 1996, while in Insein Prison in Rangoon, he and other political prisoners produced a magazine marking the 75th anniversary of Rangoon University, and another magazine entitled New Blood Wave. He was also found in possession of a letter addressed to the UN Special Rapporteur on Burma at the time, Professor Yozo Yokota, which detailed the situation of political prisoners in Insein Prison. As a result of this he was interrogated by MI officers in prison, and was tortured and badly beaten. Dr. Zaw Myint Maung was then charged under Article 5(e) of the 1950 Emergency Provision Act, for these offences and was sentenced to a further 12 years imprisonment. At the time of this report, he was serving his time in Myintkyina Prison, and was suffering from a liver problem. (Source: AAPP, 2003)
3.10 Personal Accounts
(For information regarding Section 401/1 of the Criminal Procedure Code mentioned below please see section 3.18.)
Interview #1
Name: Ain Thi
Age: 32
Date of Arrest: 3 December 1996
Date of trial: 17 January 1997
Date of release: 24 July 2003
Prison: Insein (1 year) and Tharawaddy (6 years)
Held under: Article 5(j) of the 1950 Emergency Provision Act
Sentence: 7 years
Served: 6 years 8 months
Section 401/1: No - I was offered to sign it 3 times. The first time was when I had served 5 yrs and 8 months. I refused.
Q: Tell me your story.
A: I informed Aung San Suu Kyi about the 1996 demonstration and when I left the compound of Daw Aung San Suu Kyi, I was arrested.
Q: Did they give you a reason for your arrest?
A: They accused me of making a speech at the demonstration. But in fact, I didn't. The demonstration was on 2 December 1996 and I was arrested on the 3 December.
Q: What happened after your arrest?
A: I was taken to MI 12 Interrogation Centre. I was veiled from the time of my arrest and my thumbs were handcuffed together.
Q: What happened when you got to the interrogation centre?
A: I was put in a darkened room and from then I couldn’t tell if it was day or night.
Q: Do you know how long you were there?
A: I estimated five days and four nights.
Q: In that time were you given food and water?
A: I wasn't offered food or drink for many hours and that room was very smelly with only a very small chair in it. It was a torture chair, very high and about 10 inches big, it had no back so you couldn’t lean back.
Q: Can you tell me more about this experience?
A: I was thrown into a room and before the interrogation MI personnel slammed the door several times, very hard and very threateningly. Then a group of MI personnel came into the room and before they started questioning me they veiled me again and then they asked me about my actions again and again. They asked me if my actions were by order of NLD CEC's or not. When I refused to answer they hit me with a book that was about three inches thick, many times. They couldn't get the answer they wanted so they hit me again and again, and accused me of organizing people against the regime in the township. All this time I wasn't free of the thumbcuffs. I was with the thumbcuffs all the time and I couldn't re-adjust my sarong, and then they left. Later I was offered some food and water. I was offered this only 3 times during the whole interrogation that was four days and the first two times I was offered food that was rotten. I only had real food one time. I was only offered limited water, so it was not enough for me. I was thirsty all the time. Then I was taken to Insein notorious prison- before they sent me there I was veiled again and turned around many times so as not to know the way.
Q: What was life like at Insein?
A: When I was in Insein I was put into a cell and prison authorities gave food to me in a very rude manner, without opening the cell door, like throwing the bowl at me, so much food was wasted. I was only allowed outside the cell for 15 minutes to take a bath. I was only allowed to have five cups of water for my bath.
Q: How many people did you share your cell with?
A: There were two of us, including me. We only had one mat and one blanket for two people, so we had to sleep on the concrete floor. Before the trial I had to live for a month like this. When I was arrested, I had no extra clothes with me so when I washed my clothes I had to wear the blanket.
Q: Was the person you shared your cell with a political prisoner?
A: She was also arrested under Article 5(j) [of the 1950 Emergency Provision Act], but she was just a sightseer, not an activist or participant in the demonstration. She was imprisoned as an example to the public of what happens to people who support Daw Aung San Suu Kyi - military intelligence personnel told me that. I was put on trial after a month in Insein. I had to spend one year in the cell compound only being allowed out for thirty minutes a day for both walking and cleaning and my family was not allowed to visit until one month after the trial. Prison authorities ordered all of the political prisoners to follow the 18 prison principles and ordered us to repeat the principles after them. When we refused to do this the prison authorities took careful notes of our names and prison numbers. Five of us were transferred to Thayawaddy prison on 15 November 1997 and we thought it was because we had refused to repeat the principles.
Q: Was Thayawaddy any better than Insein?
A: My life at Thayawaddy was worse than it was at Insein until the end of 1999 when ICRC started to visit Thayawaddy prison. Since ICRC started to visit, it got a little bit more comfortable. When I first got to Thayawaddy prison, the food was so bad and hard like a stone, almost rotten. We had rice and bean soup for lunch and boiled vegetables for dinner. Those soups were like water. I don't remember the exact date, but there was one day that the food was in very bad condition, brownish red rice and hard like wood so we couldn't eat it. So, we complained, step by step, to the prison authorities, first to the warden, then to the warden in charge, then to the officer in charge, then to his superior, four steps, but they didn't care. We requested peacefully and explained that we were transferred from Insein and our families could not visit us very often and that the food they had given us was not proper for our health. But the prison authorities did not care. Most of the female political prisoners started to refuse to eat the food from the prison and we only had a few snacks, that's all, supplied from our families. That lasted for three days. Prison authorities ignored us. After that we started to have nothing, we were on hunger-strike, but we did not declare this to the authorities. We ate nothing. Two days later my family came and visited me, they were allowed this visit by the authorities. I informed my family of the situation and asked my family to inform Daw Aung San Suu Kyi. To do this I had to pay the prison reporter not to take notes during my families visit that day, so that I could inform my family secretly.
Q: How long was the hunger-strike?
A: One week. When it got to six days there was some news of it broadcast by the media because Daw Aung San Suu Kyi informed them. Some military intelligence from Rangoon arrived and took me out of my cell. The female political prisoners who had not been eating anything were so weak. We couldn't move or talk and some suffered from diahorreoa, even then the prison authorities didn't change the food. They told me not to say anything about our conditions to the MI. I said nothing to the prison authorities and I went to meet the MI. MI asked me why we were on hunger-strike and I explained that the regime always declares to the international community that they put political prisoners under very good conditions and actually we live under very bad conditions, like food, medicine and health, like that. MI said to me that you have to live under these conditions because this prison is a remote prison, but finally MI met with the prison authorities and they set a date to change the food. The food changed after that date. The prison officer who allowed my family to visit me when all this started was then transferred to another prison.
Q: Do you think that was as a direct result of her allowing your family visit?
A: In fact, MI investigated the whole event and that officer was transferred. Thanks to us all political prisoners in Thayawaddy had good rice. Food conditions changed from that point for all prisoners there.
Q: When did this take place, roughly?
A: In early January 1998 soon after I was transferred. We were put in a cell compound in Thayawaddy which was not secure, so we were seen during bathing times. That was the case until the ICRC started to visit. We really struggled in prison. The prison doctor was so brutal on political prisoners, he didn't take care of our health. When political prisoners suffered disease he didn't treat us properly. On national day we sang political songs and were punished for twelve days, they cancelled our sentence reduction that we were legally entitled to. Because of the bad conditions, I suffer kidney problems, still now. I had to stay in prison 30 more days than my case-mate because I made this protest.
Q: What difference was there between those who signed section 401/1 and those who didn't?
A: The difference was that if they signed they were treated carefully. When they were released they were taken directly home to their families. When I released I was shoved on a bus, carelessly, that's all.
(Source: HRDU, 26 May 2004)
Interview #2
Name: Yin Htwe
Age: 39
Arrest: 18 June 1989
Trial: 19 February 1992
Release: 20 February 2004
Held under: Articles 10(a) of the 1975 State Protection Law (2 years 8 months) and Article 5(j) of the 1950 Emergency Provision Act (7 years)
Prison: Insein (8 years 5 months), Tharawaddy (6 years 3 months)
Sentence: 7 years extension under Article 5(e) of the 1950 Emergency Provision Act
Time served: 14 years 8 months
Section 401/1: No.
Q: Can you tell me your story?
A: In June 1988 there was a student demonstration, before the August demonstrations and uprising. I was a member of the convening committee of June Affairs memorial. At the time, the election commission had disconnected from my party, DPNS. My party sued the election commission because this disconnection was not in accordance with the government laws of organisation. At this trial I was on the side that sued the election commission, I was the prosecutor. On the evening of 18 June 1989, when I returned home I was arrested by a group of Military Intelligence personnel, there were nearly 16 of them on the street near my house. I was living in Kawayud Township in Rangoon. Then I was taken to an interrogation centre. I was in that interrogation centre for one week then I was transferred to Insein jail. I was being held under Article 10(a) for two years and eight months. Then on 19 February 1992 I was tried and sentenced under Article 5(j) to 7 years in prison. During that period, I had to live in a cell that was only 8 x 12 ft. all the time, and I was allowed only 15 minutes a day to go outside for cleaning. In 1990 on 25 September, there was a huge strike at Insein prison and I participated in that demonstration. I was beaten so severely and put in a punishment cell for 15 days.
Q: What was the punishment cell like?
A: In the punishment cell I was only allowed to clean the sewage once every three days, was only given five eating plates worth of water for baths and was not allowed to talk to other prisoners. I was beaten two times because I talked to other prisoners and took water with a cup. I was not allowed to meet my family during the 10(a) term, I was only allowed to get parcels supported by my family. I had no right to read or write during the 10(a) time, and when prison authorities found some pencils or books in my hand I was banned from receiving parcels from my family as a punishment. It happened many times. On 19 February 1992, I was sentenced to seven years imprisonment by the facts that I mentioned earlier (suing the election commission). The MI could put me in prison under these two charges I mentioned earlier, without the 10(a) term, but I was first put in prison under section 10(a) for 2 years 8 months purposefully.
Q: Why do you think that was?
A: The accusations were the same before that term and at my trial. At the time I was arrested there was no military tribunals, there were only civil courts, so the MI at that time could only put me in prison under article 10(a) for three years, but in 1992 there were military tribunals and I was sentenced under a military tribunal to seven years imprisonment. I was taken to the military tribunal and sentenced in only a single day.
Q: Were you able to say anything in your own defense at your trial?
A: I was only asked, "Are you guilty or not?" that's all.
Q: Was your trial open to the public?
A: Absolutely not. It was inside Insein prison compound. When I was sentenced I was transferred to another cell compound (first I was in 10(a)) in the same condition. I was allowed to meet my family once every two weeks.
Q: Did your life change at all in Insein after your trial?
A: When I was in 10(a) I was not allowed to meet my family, and after I was sentenced I was allowed to get family visits, and to go out of my cell for a little more time. I spent 1992, 1993, 1994 and 1995 without any rights to read or to write but I managed to get some books secretly. In 1993, we sent a letter to the Human Rights convention in Geneva in fact it was a letter, but it was not on paper- it was on a prison uniform! In 1995, we sent many letters to ICRC, UNHCR, the General Assembly and the Secretary General of the UN. We published handwritten books in prison on memorial days secretly and managed to get hold of some radios secretly. Prison authorities finally found all of these things in 1995. Twenty-four political prisoners including me had their sentences extended under article 5(e) and Article 6. Four had their sentences extended by 12 years under both of these two acts; two of them had a five year extension under article 6; and 18 were given a seven year extension to our sentences under article 5(e). I was extended by seven years under article 5(e). In my opinion, getting these things (books, radios etc) and sending letters are not so strange. Every political prisoner in every prison always tries to get these things and when the authorities find them punishments were normally to ban their family visits, put them in solitary confinement, and cancel their sentence reduction, that's all. When we were found out we were given these same punishments plus a sentence extension. When in the trial we refused the charges and explained that according to the law there shouldn't be two punishments for just one offence. Our sentences were extended by the law AND we were punished by the jail manual!
Q: How did you feel about that?
A: We complained about that in the trial, but the judges didn't care. We complained we shouldn't have these two punishments but the judge and the MI didn't care about complaints. This court was not a military tribunal it was a civil "special" court. The first ten days of the trial was inside the prison officer's office. After ten sessions the court was moved to inside the prison compound.
Q: Who was the judge at this trial?
A: He wasn't a district judge, his name was U Kyaw Don. We requested to have our own lawyers because this was a civil court. But we were refused and also were not allowed to meet family members.
Q: How do you feel about this trial and the sentencing?
A: I feel that I did what I thought was right and also that the MI did their duties.
Q: After the extension to your sentence were you transferred?
A: Not straight after I was sentenced. I had to spend nearly two years in solitary confinement (I was in block three) and on 14 November 1997, I was transferred to Thayawaddy.
Q: Tell me about your life at Thayawaddy.
A: Thayawaddy prison was more comfortable than Insein prison because in Insein I was in solitary confinement. At Thayawaddy I could talk to other political prisoners and I could walk for a long time. After ICRC visited Thayawaddy in '99 we were allowed to get some religious books. From time to time we could get some magazines, and later, over a period of time, we could get some newspapers, dictionaries, English books and all political prisoners in Thayawaddy were allowed to watch T.V. once a month. Earlier times in Thayawaddy prison we had to sleep on a concrete floor. In 1998 prison authorities arranged for us to have some small wooden couches that were six inches off the floor to sleep on. Prison authorities didn't intentionally suppress us so severely. But there were some problems left- not proper food, not enough water, and lack of electricity.
A month before I was released there had been five important questions. I mean MI asked me these before my release. The first was: "What will you do for a living after your release, because you have lived in prison for over 14 years?” My answer was, "when I was arrested I was only a student, I was not a business man. I know I have to do some work for my living but I haven't decided yet. I will decide when I am out of prison.” The second question was, “what do you think of your imprisonments? Fair or unfair?" I answered, “I did what I thought was right and you did your side.” The next question was, “What will you do about politics: because you were the joint secretary of DPNS?” I said, “My party was abolished but I will re-establish my party legally by the five basic principles of my party: democracy, human rights, peace, national reconciliation, and to form a modernized country." The fourth question was, "What do you think of the reigning government's political activities?" I answered, "There are many things to do for our country, politically, and I think that the reigning government is doing what they think is right." Their last question was, "what do you think of developing projects- I mean like building bridges, paving roads- like that?" I answered, "I think that the reigning government is doing what they think is right." One month after they asked me these questions I was released, on 20 February 2004.
Q: How do you feel now you are free after 14 years imprisonment?
A: Nothing. I feel nothing. I spent over 14 years in prison, and when it was time, I was released. But the good thing is that I can see my parents alive. Anyway, I don't want to be arrested again. Not because of prison difficulties, but because I spent my young life in prison. I think I wasted many years in prison, so I don't want to waste any more years.
(Source: HRDU, 26 May 2004)
3.11 Partial List of Politicians, Including NLD MP-elects and NLD Members Who Remain Incarcerated in 2003*
|
|
NAME |
DATE OF BIRTH |
PARTY |
CONSTITUENCY |
SENTENCE |
Sentence Date |
PRISON |
|
1 |
Khin Maung Swe |
July 20, 1942 |
NLD |
Sanchaung,Rangoon |
7 |
6/10/94 |
Myingyan |
|
2 |
Kyaw Khin |
May, 1939 |
NLD |
Taunggi1, Shan State |
7 |
0/6/96 |
Thayet |
|
3 |
Kyaw San |
June 17,1932 |
NLD |
Taze1, Sagaing |
7 |
7/9/98 |
Insein |
|
4 |
May Win Myint, Dr(F) |
March 8, 1950 |
NLD |
Mayangone2, Rangoon |
7 |
9/12/97 |
Insein |
|
5 |
Nine Nine |
April 3, 1942 |
NLD |
Pazundaung,Rangoon |
21 |
20/12/00 |
Insein |
|
6 |
Ohn Kyaing |
July 2, 1944 |
NLD |
Southeast Mandalay2 |
17 |
1991 |
Taungoo |
|
7 |
Ohn Maung |
|
NLD |
Nyaunglaybin1, Pegu |
7 |
|
Insein |
|
8 |
Sein Hla Oo |
November 17, 1939 |
NLD |
Insein 2, Rangoon |
7 |
6/10/94 |
Myintkyina |
|
9 |
Soe Myint |
March 3, 1946 |
NLD |
Minbu1, Magwe |
14 |
1997 |
Bassein |
|
10 |
Than Nyein, Dr |
October 18, 1936 |
NLD |
Kyauktan2, Rangoon |
7 |
1997 |
Insein |
|
11 |
Toe Po |
November 17, 1939 |
NLD |
Yebyu, Tenasserim |
7 |
1998 |
Mandalay |
|
12 |
Yaw HSi |
April 13, 1948 |
NLD |
Putao, Kachin |
5 |
0/2/99 |
Myinkyina |
|
13 |
Zaw Myint Maung, Dr |
December 11,1951 |
NLD |
Amarapura1,Mandalay |
25+12 |
0/11/90 |
Myinkyina |
|
14 |
Min Soe Linn, Dr |
August 31, 1957 |
MNDF |
Ye-1, Mon State |
7 |
11/12/98 |
Moulmein |
|
15 |
Min Kyi Win, Dr |
June 29, 1952 |
MNDF |
Mudon2, Mon State |
7 |
5/9/98 |
Moulmein |
*Source: AAPP
3.12 Partial List of Activists and Opposition Forces Arrested in 2003
"During the year (2003) persons suspected of or charged with pro-democratic political activity were killed or subjected to severe harassment, physical attack, arbitrary arrest, detention without trial, incommunicado detention, house arrest, and the closing of political and economic offices."
(Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
During 2003, the SPDC reportedly arrested over 270 democracy supporters, many of whom were members of the NLD. This is a marked increase from 2002 when an estimated 70 to 100 political activists and opposition forces were arbitrarily arrested or detained (source: AAPP, 2003). The U.S. Department of State reported that in the days following the 30 May attack, the Office of Chief Military Intelligence (OCMI) detained over 100 additional NLD members across the country. Detentions took place in secret locations, and detainees had no access to their families or any form of legal counsel. In December, Amnesty International also reported an "upsurge in detention of those peacefully exercising freedoms of expression and association" (source: “Myanmar: Amnesty International's Second Visit to Myanmar,” Amnesty International, 22 December 2003).
During Amnesty International’s second ever country visit to Burma in December 2003, they were able to conduct 35 confidential interviews with political prisoners at Insein Prison, Moulmein Prison, and Pegu Prison. The prisoners interviewed were from a wide range of backgrounds and varying terms of imprisonment. Over a quarter of those interviewed were imprisoned in 2003 and included political activists; members of armed opposition groups; journalists; and NLD members and leaders. Three of the persons interviewed had been sentenced to death for high treason. In the period that followed 30 May, there were many arrests of activists not affiliated to registered political parties including a football journal editor and former organizer for the Democratic Party for a New Society, and a former member of the New Mon State Party. In addition, students from Pegu, Magwe, Mandalay, Sagaing, Tenasserim and Rangoon divisions, were among those arrested in 2003 and received sentences ranging in severity from five years' imprisonment to the death penalty. (Source: The Administration of Justice- Grave and Abiding Concerns, Amnesty International, 1 April 2004)
Arrested for having contact with illegal organizations
On 16 January 2003, the OCMI arrested 2 Buddhist nuns from a famous nunnery in Pegu, Than Than Htay and Thin Thin Oo, for shouting pro-democracy slogans and handing out pamphlets which highlighted the plight of Burmese people in front of the Rangoon city hall. The 2 nuns were charged with having contact with illegal organizations, and leaving the country without permission. They were arrested, forced to disrobe, and tortured under interrogation by Military Intelligence agents. They were denied legal representation and were each given 13 year prison sentences at a court inside Insein Prison in September. The NLD Legal Support team lodged an appeal at a court in Western Rangoon but the judge rejected their appeal without even hearing the case. At the time of the report, they had not yet been allowed to see their families. (Source: "Two Arrested 'Pseudo Nuns' Received NLD Support: Myanmar Junta," AFP, 17 January 2003)
On 28 November 2003, after being arrested in July on suspicion of having had contact with some Burmese opposition groups in Thailand and other ambiguous reasons, 9 men were sentenced to death for High Treason under Article 122(1) of the Penal Code. They are: Nai Yekha alias Nay Win; Shwe Mahn alias Zaya Oo; Zar Naing Tun alias Phyu Lay; Zaw Myo Htet alias Zaw Zaw; Myo Htway alias Chin Gakoung; Min Kyi alias Nai Min Kyi, a lawyer; Aye Myint alias Myint Aye Maung, a lawyer; Aung Lunn; and Zaw Thet Htway alias Thet Zaw, the Editor of a popular sports magazine entitled First Eleven. (Source: The Administration of Justice- Grave and Abiding Concerns, Amnesty International, 1 April 2004)
On 5 October 2003, political prisoner Ma San San Maw gave birth to a son at Insein hospital and named him Aung San Oh Wei. Both mother and baby were sent back to prison the next day, and Aung San Oh Wei became the youngest political prisoner in the history of Burma. He was 1 day old when he went to Insein Prison. He was named in honor of Burma's national hero, Bogyoke Aung San, the father of Daw Aung San Suu Kyi. Oh Wei means the cry of the peacock, which has for many years been the symbol of a free and democratic Burma. Ma San San Maw, an NLD member, was arrested by Military Intelligence agents at the end of 2002 in Rangoon. She was sentenced to prison accused of complaining about the dire economic situation, and arguing with SPDC authorities while queuing for rice. (Source: "The Youngest Political Prisoner in Burma," DVB, 14 October 2003)
On 9 July 2003, former political prisoner Aye Win, an NLD member from Pathein Township, was sentenced to 4 years' imprisonment under Sections 227 & 505 (b) of the Criminal Code for spreading rumors and for violating the terms of his release from a previous term of imprisonment for political activities. Originally, he was arrested in 1998 for flying a peacock flag, a symbol of the democratic opposition movement, above his local school. In 2003, he reportedly organized a demonstration in protest of the events of 30 May. (Source: The Administration of Justice- Grave and Abiding Concerns, Amnesty International, 1 April 2004)
In April 2003, 8 student activists, from various regions of the country were arrested by the Military Intelligence. All of them are members of The People's Students' Oway Front, which organized a peaceful demonstration in front of the British Embassy in Rangoon on 4 April. The front was formed with the aim to "mobilize the peaceful student movement for political development". The SPDC accused the students who participated in the demonstration of links with a previous bomb attack in Rangoon on 27 March, which had resulted in the death of 2 government workers. The student front insisted that they had no connection with any terrorist activities, and would never commit such an act. One of the front's members sought political asylum at the British Embassy due to fear of persecution, after authorities arrested another man with whom he was demonstrating. The pair waved flags with the emblem of fighting peacocks, a traditional symbol of resistance to military rule in Burma. Military officials accused the 2 of disturbing the peace because they were shouting. (Source: "Regime Continue the Arrest of Students," ABFSU, 6 May 2003)
On 17 July 2003, 2 Mon nationals, Nai Yetkha and Nai Kyin Kaung alias Nai Myo Win, both members of the New Mon State Party were arrested for allegedly planning to plant bombs. Nai Yetkha is a NMSP organizer for Moulmein while Nai Kyin Kaung was formerly from the battalion of garrison engineers. Nai Ba Nyar Mon the NMSP spokesperson denied the allegations stating that Nai Yetkha's political activity is generally always centered around his organizational works, while Nai Kyin Kaung is almost always engaged in headquarter activities. (Source: "Mon Ceasefire Group to Seek Members' Release In Meeting with Khin Nyunt", DVB, 16 August 2003)
On 26 July 2003, the SPDC reported that they had arrested 12 people with links to opposition parties. The 12 were charged with planting bombs and plotting to assassinate key members of the junta by planning bomb attacks on July 19, the day which Burma honors General Aung San. Military officials claimed that the group had already planted several time bombs in and around Rangoon, 4 of which were detonated killing 2 people and injuring dozens. A senior military intelligence officer said that the suspects had links with pro-democracy exile groups, like the All Burma Students Democratic Front (ABSDF), and would face trial to answer the accusations. (Source: "Burmese Officers Arrest 12 in Bomb Plots," Reuters, 26 July 2003)
In July 2003, it was reported that the junta released 91 detainees and at the same time detained more prisoners. Military Intelligence personnel and local police raided Thwe Say Kan and Popa Yone monasteries in Rangoon, and detained some Mon monks. The authorities alleged that the Mon monks had been engaging in political activities. According to the Independent Mon News Agency, authorities arrested three members of the Mon National Democratic Front during that time. SPDC Military Intelligence also raided New Mon State Party member Nai Yet Kha's house in Moulmein, and seized all his documents. Furthermore, regional authorities were keeping a close watch on the activities of Mon students. In August, the Ministry of Home Affairs also warned monks in Mon State not to involve themselves in politics. (Source: "Burma Frees 91 Detainees, Makes New Arrests," DVB, 22 July 2003)
In early December 2003, Nyi Soe of Tha Yet Chung Township, Tennasserim Division and Aung Min of Pu Law Township, Tennasserim Division, were reported to have been arrested by the order of Captain Tin Maung Win of Light Infantry Battalion (LIB) No 262. They were apprehended for participation in progressive political activities. In January 2004, they were being detained in Kaw Thaung Prison. Furthermore, they were frequently being used as guides in LIB 262's military operations. (Source: "NLD Members Arrested in Mandalay and Tennasserim Division," AAPP, 1 January 2004)
On 4 May 2003, the same day that the SPDC released 18 political prisoners in a "goodwill gesture", a man was arrested by MI agents for protesting near the NLD headquarters Rangoon. Kyaw Kyaw, a 48-year-old retired army sergeant, handcuffed himself to a pole, while 2 or 3 other men distributed a letter calling for political and economic reforms and the release of political prisoners. (Source: "Small Protests, Small Steps,” Irrawaddy, 9 May 2003)
In the week of 12 December 2003, it was reported that Phone Aung, a 46-year-old ex-soldier, was sentenced to 7 years in prison by a special security court inside Insein Prison. He was arrested in September 2003 when he stood near the City Hall with a piece of paper hanging from his neck which had a message on it demanding the release of political prisoners and calling for political reforms. He was sentenced under an "all-encompassing emergency law that prohibits public protests," according to his daughter who was allowed to attend the court when the judgment was issued. Phone Aung refused to appeal against the prison sentence, saying he made the protest under his own convictions. At year's end, his location was unknown. (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
On 3 June 2003, OCMI officers arrested Ko Myo Khin for demanding that authorities reopen the NLD office in Bahan Township, Rangoon. Family members were denied access to him for months, and at the year's end, he was reportedly sentenced to 3 years in Insein Prison. In December 2003, the Government rejected his appeal; however, his family and lawyer were finally allowed to visit him. (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
During 2003, the SPDC arrested dozens of persons for distributing anti-government leaflets, including Thet Naung Soe, Nandar Sit Augn, Zaw Lin Tun, Kyaw Soe Moe, Kyaw Kyaw, and Win Ko. Cases involving pro-democracy literature included 1 case in which the Government imprisoned approximately a dozen students for distributing uncensored leaflets describing the May 30 attack. (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
On 5 February 2003, Maung Maung Myint, an NLD member, was arrested with 450 anti-government pamphlets he had written. He also admitted to writing and producing 1000 pamphlets aimed at monks and students. His family was not notified that he had been arrested, the reason for his arrest or where he was detained. (Source: “Myanmar Arrests 12 Democracy Activists for 'Anti-Government' Activity,” AFP, 10 February 2003)
On 6 February 2003, U Sai Nyunt Lwin (age 52), the general secretary of the Shan Nationalities League for Democracy (SNLD), was arrested by officials from Military Intelligence-7 (MI-7) for unclear reasons. Prior to his arrest, the MI had detained 1 of his relatives and held him for questioning concerning U Sai Nyunt Lwin's involvement in producing a pamphlet about Shan Buddhist monks. The youth was released later that evening. Also proceeding U Sai Nyunt Lwin's arrest, the MI arrested at least 7 democracy activists including 2 members of the NLD. (Source: “Burmese Authorities Detain Shan Party Leader," DVB, 9 February 2003)
On 14 June 2003, an NLD youth member and the NLD secretary from Matupi Township, Chin State were reportedly arrested by Military Intelligence. (Source: "Burmese Opposition Radio Reports Further Arrests of NLD Supporters,” DVB, 21 June 2003)
On 16 June 2003, military authorities arrested 6 NLD youth members of Dala Township, Rangoon were arrested as they were sitting in a teashop. At the time of the report it was not known where they were being detained. On the same day, a youth of South Okkalapa Township, Rangoon was also arrested by the authorities. (Source: "Burmese Opposition Radio Reports Further Arrests of NLD Supporters," DVB, 21 June 2003)
On 19 June 2003, the birthday of Daw Aung San Suu Kyi, in busy areas of Rangoon North, Okkalapam and Thingangyun markets, students from the "People's Oh-Wei Front" distributed political leaflets. The main content of the leaflet reportedly demanded: the immediate release of U Tin Oo and Daw Aung San Suu Kyi; an enquiry in detail on the incident at Depayin; the immediate release of the names of the wounded; the release of all NLD leaders including chairman U Aung Shwe; and the re-opening of all NLD offices as soon as possible. Detailed accounts on what happened at Depayin were described, and it stated that the incident was the most brutal killing of civilians following the 1988 uprising. SPDC authorities did not issue any statement regarding news of these activities. (Source: "Leaflets Distributed in Rangoon," DVB, 21 June 2003)
On 3 July 2003, 2 NLD members, U Than Tun and U Kyaw Kyaw alias Ko Than Gyaung, were arrested by the SPDC authorities in Kawthaung, Tenasserim Division, under Section 5(j) of the Emergency Provisions Act. They were arrested for distributing "the People's Desire" leaflets and “accused of engaging in activities creating mistrust in the government.” (Source: “Burma Frees 91 Detainees, Makes New Arrests,” DVB, 22 July 2003)
In the last week of September 2003, 7 students were arrested in Rangoon for handing out pamphlets issued by the ABFSU, arguing that Prime Minister Khin Nyunt’s roadmap to democracy in August was not representative of the needs of the country and only intended to intensify military rule in the country. The pamphlet called on the people of Burma not to support the roadmap. While the detainees were held at a military interrogation center, the ABFSU issued a statement indicating, "If the regime sincerely wants political development in Burma, it must allow the political participation of all societal layers, freedom of expression and freedom of association." (Source: "Seven Students Arrested in Myanmar Capital: Dissident Group", AFP, 23 October 2003)
On 17 July 2003, it was reported that approximately 130 people were arrested by Burmese soldiers on a temporary road between Myawaddy and Vallay Kee in Karen State. The people were traveling in small groups and although most of them were teenagers, the group included both men and women. Representatives from the KNU reported that the group included dissidents from Rangoon and Pegu who intended to join exiled political groups in Thailand. (Source: Moe, Kyaw Zwa, “130 Arrested Near Border,” Irrawaddy, 17 July 2003)
On 17 July 2003, NLD organizer for Indaw Township, Sagaing Division, Ko Thant Shin, was arrested and sentenced to 1 year in prison. On 15 July, SPDC troops reportedly raided his restaurant “Meik Set” and 2 days later, he was arrested and sentenced. Ten other restaurants in Indaw were also raided and search for illegal alcohol. None of the other restaurant owners were either arrested or prosecuted. At the same time, none of the other owners were NLD members. (Source: “Indaw Township-NLD Member Arrested,” DVB, 31 July 2003)
In late December 2003, at least 6 NLD members from Mandalay Division were arrested, including Daw Hnin Pa Pa Hlaing, and her son, Ko Aung Naing Thu. At the time of the report, it was unknown whether or not they had been charged. Unofficial sources indicated that they had been arrested under suspicion of contacting persons outside of the country. (Source: The Administration of Justice: Grave and Abiding Concerns, Amnesty International, 1 April 2004)
On 18 July 2003, it was reported that 2 NLD members from Khin U Township were arrested. MI arrested Ko Myo Aung, an ex-member of Student Union and NLD organizer, because they found a 1-dollar banknote in his shirt. MI arrested U Tin Myint, an executive member of the Township NLD in Khin U, after finding some political documents in his house, in mid-July. The 2 men were sentenced to 2 to 3 years imprisonment, and were taken to Schwebo prison. (Source: “Khin U Township NLD Members Sent to Jail,” Mizzima, 18 July 2003)
3.13 Ethnic Minority Political Prisoners
Politically Motivated Detention of Ethnic Minority Villagers - Partial List of Incidents for 2003
(For more information see section 3.15 Arbitrary Seizure of Villagers, below.)
On 30 June 2003, combined troops from DKBA and SPDC IB 1, led by Thaw Ma Na, came to Noe-aw-lar village, Pa-an Township, and arrested villager Saw Pee Pi, accused him of being a KNU member and brutally tortured him. Later, Saw Pee Pi ran away. As a result, the troops extorted 450,000 kyat and a cow from his mother. (Source: KIC, 2003)
On 6 January 2003, a Captain from SPDC IB 61 in Ye Township, Mon State, ordered local people not to wear army colored shirts or trousers, or they would be shot to death. Previous to the order coming out, 2 headmen, Nai Kyaw and Nai Own Myint, had been suspected of being rebel soldiers and arrested by IB 61's Captain, Tin Aung Khaing, because of wearing army Colour shirts. The arrest happened in a tea shop in Sa-kom village. According to a source from that area, the Burmese soldier covered the 2 men's faces, and beat them during interrogation in the village. Then the soldiers brought the men to Ye town and put them in the battalion's prison. The Captain demanded 100,000 kyat for the release of each of the 2 men. After they had been released, both men went to hospital due to the severity of the beating they had received. (Source: HURFOM, Issue 1/2003, 31 January 2003)
On 23 September 2003, approximately 34 DKBA troops led by Saw Tin Win came to Paw-ta-plaw area in Bi-lin Township and arrested a Ta-eu-khee villager, Saw Ka Lah. They brutally squeezed his throat before sending him back to Ta-eu-khee village. Later that night, the same troops arrested Saw Kyaw Pay and Saw Tin Aye of Ta-eu-khee village at their houses, and took them away with them. When they arrived at Ta-thoo-hta on 24 September 2003, the troops tortured the 2 villagers and ordered them to tell them the whereabouts of the KNU. As these 2 villagers did not know, they suffered more torture. (Source: KIC, 2003)
On 27 December 2003, 2 Mon Buddhist monks and 40 villagers from Ye Township were arrested for allegedly supporting a Mon rebel group led by Naing Luan, according to a Mon reporter. The monks and villagers were interrogated and tortured by means of exposing them to the burning sun for days. The area is blacklisted by the SPDC and a curfew has been imposed. Five civilians were killed in a single night for breaking the curfew. Even after the main Mon rebel group NMSP (New Mon State party) signed ceasefire agreements with the SPDC, there have been more human rights abuses including extrajudicial killings and the oppression of civilians in Mon State. (Source: "Human Rights Abuses on Mon people in Burma," DVB, 31 December 2003)
Shan State
On 4 January 2003, 3 villagers Zaai Nyunt (age 23), Zaai Laao (age 21) and Zaai La (age 22), from Ham Ngaai village went to Murng-Kerng town market. They were arrested by SPDC troops and detained in the base of LIB 514. Following their arrest the villagers were interrogated, repeatedly beaten and tortured by SPDC troops for days. The troops then sent words to their parents and relatives to bring money to secure their release. When the other villagers arrived at the base however, the SPDC troops demanded the following materials for the release of each of the 3 men: 20 viss of raw opium for the release of Zaai Nyunt (1 viss of opium costs around 30,000 kyat); a walkie-talkie machine for the release of Zaai Laao; and a Chinese M-20 pistol for the release of Zaai La. When this had been reported and discussed with the village leaders and fellow villagers, they all, about 30 of them, proceeded to the military base and told the SPDC troops that they did not know where to find the demanded materials. The troops said they could buy the materials themselves if the villagers gave them 160,000 kyat for each of the detainees. The villagers said they did not have that much money, and after some bargaining and begging, the SPDC troops agreed to release the prisoners for 60,000 kyat each, on condition that the 3 men report to the military base every 10 days, and bring with them 500 kyat each time. The villagers were also warned that if the 3 men disappeared, they would face severe punishment or death. The 3 men, however, had been so severely beaten and tortured during their detention that they were still suffering and still could not work when they were seen in late March 2003. The fact that they were wearing relatively new clothes (because they were going to the town market) may have made the SPDC troops suspicious of them being, or having connections with, Shan rebels. (Source: SHRF Monthly Report, SHRF, April 2003)
On 10 January 2003, in the evening, following a skirmish in Ka Li village in Ka Li village tract, Kun-Hing township, with an unknown armed group in which 1 SPDC soldier was killed, SPDC troops from IB 246 suspected those fighting had been Shan soldiers and they arrested 15 villagers of Ka Li, including the headman, Lung Kaang Nyo (age 51). Lung Hom, a well-to-do villager of Ka Li who was also to be arrested, but was not at home at the time of the SPDC troops’ arrival. The 15 villagers were detained in a jail at a military camp and interrogated for 6 days and 5 nights, during which they were beaten and tortured, and finally money was extorted for their release. The Ka Li village headman had to pay 100,000 kyat and the 14 others had to pay 50,000 kyat each. Lung Kaang Nyo, the Ka Li village headman, was so severely beaten during his detention that his eyes were still black and painful several weeks after his release. (Source: SHRF Monthly Report, SHRF, May 2003)
On 14 July 2003, a patrol of SPDC troops from IB 246 came to Kun Mi village in Wo Long village tract in Kaeng Kham area, Kun-Hing Township and arrested a villager, Pan-Ta (male, age 43), and took him away with them. Since then, Pan-Ta has not been seen. His family has not heard of him until they came to the Thai border in late September 2003. (Source: SHRF, October 2003)
On 19 August 2003, a patrol of about 80 joint SPDC troops from IB 246 and LIB 524, led by the commander of Kun-Hing based Tactical Command, came to Wan Lao village and forced the village tract headman to guide them in their search for some army deserters, whom they believed had come in the direction of Wan Lao. The SPDC troops searched the surrounding areas and on 21 August 2003, they conscripted 7 more villagers, all women, from Kot Pung and Kung Sa villages to serve as guides. When they got back to Wan Lao village, on finding no men, the troops arrested women from every house. All the villagers, including the newly arrested and previously conscripted, were gathered together at a public pavilion near Wan Lao’s Buddhist monastery, and told by the SPDC troops that they would be detained there until the army deserters and their guns had been captured. The villagers were still being detained in mid-September 2003 when they were last seen by some people passing through Wan Lao. (Source: SHRF, December 2003)
On 20 July 2003, displaced farmers and their children were arrested and their farm hut was looted and burnt down by a patrol of SPDC troops from IB 64 at a remote farm near a relocated village, Kawng Wet, in Paang Saang village tract, Lai-Kha Township. They were:
(1) Zaai Zaw-Ta, age 41;
(2) Zaai Naw, age 38;
(3) Naang Kham, female, age 35;
(4) Naang Non, female, age 21;
(5) Naang Zing, female, age 14;
(6) Naang Naang, female, age 12;
(7) Naang Yong, female, age 9; and
(8) Zaai Awng, male, age 7.
The farmers were accused of being Shan soldiers. They were released after community leaders in Paang Saang village tract guaranteed that they were only ordinary farmers, not Shan soldiers, and paid 20,000 kyat for their release. (Source: SHRF Monthly Report, SHRF, October 2003)
On 7 May 2003, 5 mini-tractor owners from Ho Naa village, in Murng-Phyak Township, were summoned to the base of IB 221 by SPDC troops where they were arrested, together with their 5 mini-tractors. They were: Zaai Peng (age 46), Zaai Mon (age 38), Zaai Long Hai (age 21), Zaai Kam La (age 49), Zaai Keo (age 36). The SPDC accused them of having transported rice for Shan soldiers in the Murng Hai area. They were released 1 month later on 7 June 2003, after they each paid 20,000 baht. (Source: SHRF Monthly Report, SHRF, September 2003)
Nam-Zarng Township
On 12 April 2003, 13 villagers from Kho Lam village relocation site, went into the forest to gather leaves for packing traditional cookies for water festival, and ran into a patrol of 24 SPDC troops from company number 4 of IB66, led by commander Win Maung Oo, who searched and examined them. When they found 1 of the villagers, Zaai Wee (age 29), did not have enough calluses on his hands, the SPDC troops accused him of being a Shan soldier and arrested him. At 1 point in the forest, Zaai Wee jumped into a nearby bush and ran away. The troops shot after him, but missed, and he escaped. Later, the 13 villagers and their relatives and village leaders, altogether 22 villagers, went to the village tract headman and complained about the incident. The headman then took them to the base of company 4 of IB 66 at Kho Lam and reported the incident to the SPDC military commander. The commander lined up his soldiers and told the villagers to point out the ones who had arrested and shot after Zaai Wee, but the villagers said they did not see the person they knew to be the perpetrator, Win Maung Oo, among the soldiers. The commander said that Win Maung Oo had been away at training for some time, accused the villagers of trying to frame him, and forced the 13 villagers to pay 2,000 kyat each as a fine. (Source: SHRF Monthly Report, SHRF, September 2003)
On 29 May 2003, 2 SPDC soldiers from IB 64 came to the houses of Zaai Yi (age 46) and Zaai Kham (age 49), from Murng-Nai town and took them away. The have not been seen since. The 2 men were known to have worked as buying agents for some ethnic Chinese opium traders in the past. Their relatives tried several times in vain to find them. The SPDC troops also denied having arrested them and having any knowledge of their whereabouts. Most of their relatives thought that they must have been killed by the SPDC troops. (Source: SHRF Monthly Report, SHRF October 2003)
On 19 July 2003, 2 villagers, Zaai Tawng (age 45) and Zaai Pan-Ta (age 40), from Saai Phe village were shot and killed whilst being forced by SPDC troops of LIB 518 to stand guard at the Murng-Nai - Larng-Khur main road. It was later learned that the SPDC troops had accused the 2 men of secretly working as informers for the Shan resistance. The following day, 20 July 2003, SPDC troops arrested the headman of Saai Phe village and the wives of the 2 men they had shot dead the day before, Naang Leng (age 41), wife of Zaai Tawng, and Naang Zing (age 40), wife of Zaai Pan-Ta and detained them for 3 nights before releasing them. (Source: SHRF Monthly Report, SHRF, November 2003)
Ethnic Minority Political Activists and MP-elects
Name: Nai Ngwe Thein
Sex:
Male
Prison: Moulmein
Ethnicity: Mon
Nai Ngwe Thein is Vice-Chairman of the Mon National Democratic Front (MNDF) and Advisor to the Committee for Representing the People Parliament (CRPP). He is also a veteran revolutionary having served in the Mon People's Front (MPF) from 1948-1958, and is close to the leaders of the NLD including Daw Aung San Suu Kyi. He is now about 80 years old.
In 1998, he was arrested along with fellow MP's Dr. Moe Soe Lin and Dr. Min Kyi Win, accused of interfering in a stable situation of ceasefire between the New Mon State Party and the SPDC, and of supporting the CRPP's plan to convene the People’s Parliament. In 1998, there was political tension between the CRPP and the regime. The CRPP was against the regime’s National Convention and planned to convene the People’s Parliament. The democratic force rejected the role of the Burmese military in future politics, and many hundreds of politicians and activists were arrested at that time. The MNDF were writing to the leaders of the NMSP and analyzing the political situation, including the ceasefire deal with the regime. The letters contained advice regarding the future of the Mon people. However, the military intelligence procured the letter, arrested the MPs and put them on trial, accusing them of trying to break the ceasefire. Although NMSP leaders appealed to the regime that MNDF was not trying to break the ceasefire, they did not listen. They imprisoned the 3 leaders, sentencing them to 7 years imprisonment each, with hard labour. They are being held in Moulmein prison under Article 5(j) of the 1950 Emergency Provisions Act.
(Source: HURFOM, Issue No.6/2003, 30 June 2003)
3.14 Civilians Arbitrarily Arrested - Partial List for 2003
On 15 June 2003, just after midnight Thin Gan Gyun tract (Ka Gyi) elders, U Soe Win, U Soe Naing, U Mar Ni Kun, U Tin Aung, U Than Zin, U Shwe Win and others, led by Chairman U Htin Win who are SPDC local authorities in Thin Gan Gyun Township of Rangoon division, had been drinking at some shops on Min Gala Road. They knocked on the door of Daw Kyi Win's house in order to search for visitors there. When the authorities entered the house they removed the mosquito-net hung over her 2 young daughters, Ma Soe Soe (age 19) and Ma Aye Aye (age 21), despite repeated requests to leave them sleeping. Their mother, Daw Kyi Win was then arrested and brought to the SPDC regional court. The SPDC sentenced her to 6 months in prison on the charge of disturbing the duties of the SPDC authorities, according to a neighbor. (Source: MICB, 2003)
On 17 July 2003, SPDC authorities entered the offices of First Eleven, a weekly sports journal, searched the premises and arrested 5 members of staff. After 2 days, editor Zaw Myint, chief officer Dr Than Htut Aung and Myint Zaw were released, whilst Zaw Thet Htwe and Soe Pa Pa Hlaing remained in detention. It is not clear what spurred the raid (source: "Journal Office Raided, Editors Arrested", Irrawaddy, 22 July 2003). Zaw Thet Htwe was tortured during interrogation carried out by the military intelligence. On 28 November 2003, a military court sentenced the sports journalist, and 8 other detainees, to death for "high treason" for sending information to opposition militants abroad. However on 12 May 2004, the Supreme Court repealed the death sentences given to him and 3 others and reduced them to 3 years, following pressure from the ILO and others. (Source: Reporters sans Frontires, 18 May 2004) (See chapter on Freedom of Expression for further information.)
On 19 July 2003, a riot broke out in front of a monastery in Pyinmana, Mandalay Division, with between 30 and 40 monks joining the crowd. It followed an argument between a shopkeeper and a customer. It is believed that the riot was orchestrated by the SPDC, to divert people’s attention away from any dissatisfaction with the ruling junta following the Depayin massacre. Muslims were assaulted, stones were thrown at the mosque, and some shops and houses of Muslims were destroyed. Police arrested Ms. Daw Thet Yi, a Muslim shopkeeper, but did not arrest or even question the monks involved. (Source: "SPDC Attempts to Divert People's Attention from Depayin Massacre," Kaladan News, 26 July 2003)
In October, there were several incidents of Buddhist-Muslim violence near Mandalay and in Rangoon. The SPDC reacted quickly in Rangoon, sending troops into Muslim neighborhoods and imposing a strict curfew on Buddhist monasteries. This latter action caused resentment among many Buddhist monks, and the authorities arrested several monks for not observing the curfew. (Source: Country Reports on Human Rights Practices- 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
3.15 Arbitrary Seizure of Villagers
(See section 3.13 Ethnic Minority Political Prisoners, above)
According to the Karen Human Rights Group, 783 orders were given by the SPDC, as well as the DKBA and the Karen Peace Army, to villages in Papun, Pa’an, Thaton, Nyaunglebin, Taungoo, and Dooplaya Districts of Karen State, Mon State and part of eastern Pegu Division covering the period between January 2002 and February 2003. The orders were all concerning forced labor and extortion of money, food and materials, as well as restrictions on the movements and activities of villagers. Within these orders are threats to arrest village elders or destroy villages of those who fail to obey. (Source: “SPDC & DKBA Orders to Villages: Set 2003-A,” KHRG, 22 August 2003)
Villagers Detained or Arrested - Partial List of Incidents for 2003
On 12 June 2003, the commander of Nasaka Area No.6 arrested 2 men in Maungdaw Township, Arakan State, and accused them of human trafficking. The Nasaka threatened to send the men to jail for 6 years unless they paid 4 million kyat (US$ 4,000). Rohingya people in the area report that this form of extortion is very common (Source: "Two men detention by Nasaka with false case," Kaladan Press, 19 June 2003)
On 30 August 2003, 7 policemen accompanied by 4 immigration officials arrested 120 Rohingya villagers from Koin Daung (Kwan Dine) village in Buthidaung Township, Arakan State, according to our correspondent. Of these: 75 people were accused of not paying fees for a football tournament; 36 were accused of not planting seedlings along the roadsides; and the other 9 were accused of crossing the border to Bangladesh, he further said. All of the people arrested were confined in a primary school in the village. The people accused of not paying football tournament fees were released after giving 3,000 kyat per head to the SPDC authorities. Those accused of not planting seedlings along the roadsides were set free after paying 5,000 kyat each. The remaining 9 who were accused of crossing the Bangladeshi border made payments, according to 1 of the victims, for their release as follows:
(1) Basar, age 32, son of Jaffor from west Koin Daung village, had to pay 20,000 kyat;
(2) Patan Ali, age 40, son of Abdul Sohbi from west Koin Daung village, 16,000 kyat;
(3) Md. Sultan, age 49, son of Md. Sidique, from East Koin Daung, 10,000 kyat;
(4) Abdul Kharim, age 27, son of Sultan Ahamed, 25,000 kyat;
(5) Abdul Goffor, age 56, son of Abul Hashim, from middle Koin Daung, 11,000 kyat;
(6) Md Ali, age 52, son of Md. Sultan, from middle Koin Daung, 9000 kyat;
(7) Shoffi Rhaman, age 32, from west Koin Daung,12,000 kyat; Khalu Meah, age 41, from west Koin Daung, 13,000 kyat; and
(8) Abdul Khader, age 47, from west Koin Daung, 20,000 kyat,
When asked if the allegations of crossing the border were true, 1 of the accused victims said that they were all fabricated cases, and how could they go to Bangladesh without the required letters of recommendation from government authorities, as there are so many checkpoints in place on the roadsides. The 120 men arrested were all released after paying a total of 561,000 kyat to the concerned authorities on 1 September 2003. (Source: Kaladan News, 11 September 2003)
On 26 March 2003, Nasaka (SPDC border patrol) members arrested a Rohingya man, Mostafa Kamal, in Buthidaung Township, Arakan State. The Nasaka accused him of being a Bangladeshi and released him only after he paid 70,000 kyat. (Source: "Arbitrary arrest and extortion by Nasaka," Kaladan News, 21 April 2003)
Starting from December 2002, local Military Intelligence in and around Ponnagyun Township, Arakan state were forcing fishermen to pay regular tolls, or else face fines and jail sentences. (Source: "Burmese Military Intelligence agents extort tolls from Fishermen," Narinjara News, 19 February 2003)
Kanyangon Township
Karen State
Note: Dooplaya, Pa-an and Papun Districts, as reported below, are all areas demarcated by the KNU as Karen territory. Dooplaya District falls mostly in SPDC demarcated Karen State and partially in SPDC demarcated Mon State. Dooplaya District is under the patrol of the 6th Brigade of the KNLA. Papun and Pa-an Districts fall entirely in SPDC demarcated Karen State. Papun District is under the patrol of the 5th Brigade of the KNLA and Pa-an is under the patrol of the 7th Brigade of the KNLA. The SPDC does not recognize these as official districts. Instead, the SPDC considers there to be 3 districts (North to South: Kawkareik, Pa-an and Myawaddy) and 7 townships (North to South: Than Daung, Papun, Hlaing Bwe, Pa’an, Kawkareik, Myawaddy, and Kya In Seik Gyi) within Karen State. These townships do not correspond with the KNU demarcated districts and townships, even for those that share the same name.
On 28 August 2003, at about 2:00 pm, 5 SPDC soldiers led by Captain Hla Than arrested 1 couple while they were fishing at the river near Myaing Ka Lay village in Karen State. The troops raped the wife and released her that night but they still had not released the husband after 1 week. (Source: MAN, 6 September 2003)
Dooplaya District
On 4 February 2003, there was fighting between KNLA Battalion No.17, of Brigade 6, and SPDC troops from LIB 415 Column No.1, led by Column Commander Nyunt Aye. After the fighting was over and the KNLA soldiers had left, the SPDC troops cleared the area and entered Wama village. They got into the house of Saw Yoo Nor, son of U Thoung Sein, and took 35,500 kyat and burnt down his house and the rest of his property. At the same time, this troop arrested another villager of Wama, Saw Ohn Myint (age 38), and tortured him, leaving him with serious wounds. (Source: KORD, 2003)
On 16 June 2003, about 50 SPDC troops led by the LIB 586 Column No.1 commander, Major Nyi Nyi Lwin, under Military Operation Command 19, entered Ywa-thit village, Kya-inn Township and arrested 3 villagers who were working as sales people in the shops. The victims were U Pein (age 60), Saw Lo Leik (age 38) and Maung Shwe Lone (age 43). They also took away Saw Tin Win (age 35) and Saw Kar Tun for use as guides. (Source: KIC, 2003)
On 7 July 2003, troops from SPDC IB 34, led by Battalion Commander Mya Htun, came to Kwee-ka-saw-si village, Win-yae Township, and seized villagers Saw Htaw Mon (age 24), Saw Htay Noe (age 42) and Saw Law Du and forced them to serve as porters. (Source: KIC, 2003)
On 8 July 2003, troops led by battalion commander, Major Hla Moe from SPDC IB 231, under Military Operation Command 12, came to Tee-the village, Win-yae Township, and arrested Daw Hnin Tin, a 72-year-old woman. The troops told her children pay 100,000 baht, a firearm or a radio transceiver set for her release. As her children could not afford the ransom, she was taken to Weh-ka-mi. (Source: KIC, 2003)
On 1 August 2003, the SPDC IB 284 arrested 2 villagers from Ta Ka Khee village in Kya Inn Township, and took them back to their camp. Those villagers are Kyaw Lah Bwe (age 35) and Kyaw Wah Nay Moo (age 48). They were not released at the time of this report. Moreover the SPDC troop did not allow anybody from the village to visit them. The villagers arrested were only allowed to come out to take a bath once every 3 days. Up until the time of this report they were under interrogation by a military officer. This was the second arrest for Saw Lah Bwe who was arrested previously on 30 July 2003. (Source: KORD, 2003)
On 7 May 2003, SPDC LIB 434 troops, led by Battalion Commander Aung Khin, arrested U Thet Sein of Pu Kha village, Dweh-lo Township, and took him with them for 22 days. During this time they beat him many times and then abandoned him at an unknown location. (Source: KIC, 2003)
On 12 May 2003, SPDC LIB 434 troops arrested Maung Hla Tin of Na-ku-hta village, Dweh-lo Township, and beat him for 2 hours. (Source: KIC)
On 18 May 2003, the same troops arrested U Kyaw Tin of Ta-gon-daing village and detained him for 2 days. Moreover, they demanded Klaw-day villagers to cut 350 bamboo poles. (Source: KIC)
On 8 August 2003, troops from SPDC LIB 340 came to Noe-law-hsu village, Bu-tho Township and arrested villagers, Saw Pa Kya (age 19), Saw Pa Klu (age 20) and Saw Ta Koo Koo (age 40), without reason. (Source: KIC, 2003)
On 8 August 2003, Tin Moe a junior commander from SPDC LIB 434, under LID 66, came to Noe-law-su village, Dwe-loe Township, and looted 43 chickens from the villagers. Moreover, he arrested and took away with him a female villager Naw Ku Kree from Htee-ber-kha-hta. (Source: KIC, 2003)
On 9 August 2003, troops from SPDC LIB 434, under LID 66, came to Baw-kyo-leh area, Dwe-lo Township, and arrested and brutally assaulted 11 villagers before taking them to SPDC camp IB 434. The victims were:
(1) Saw Pah Lah Pwe, age 50;
(2) So Po Htoo, age 35, the son of Shwe Htun;
(3) Saw Po Hta, age 35, son of Saw Ler Pwe;
(4) Saw Daw Play, age 30, son of Saw Khaw Tha;
(5) Saw Ta Mwee Heh, age 27, from Ta-dwee-kho village, son of Saw Tha Di;
(6) Saw Shwe Haung, age 35, son of U Aung;
(7) Saw Pa Hser, age 30, son of Saw Kyaw Hlaing;
(8) Saw Ta Di, age 27, son of Saw Pa Dah;
(9) Saw Law Di, age 25, son of Saw Maung Nyo;
(10) Saw Mioh, age 20, son of Saw Thoo Di; and
(11) Saw Pa Hkeh, age 25, from Khaw-kla village, son of Saw Pa Taung Meh.
The troops forced the village head to promise to give them a firearm and a walkie-talkie set in exchange for the release of the arrested villagers. This created a large problem for the village head and the other villagers. On 24 August 2003, the afore mentioned SPDC troops shot and killed Saw Pa Hser and Saw Pa Hkeh of Hkaw-kla village, who were among the arrested villagers. (Source: KIC, 2003)
On 9 August 2003, the SPDC LIB 434, Divison 66 and Divison 6 entered Ta Dwee Kho village, Bu Tho Township and seized 5 Ta Dwee Kho villagers and 6 Khaw Klah villagers and took them back to LIB 434 camp. The villagers were tortured by kicking and biting and were accused of setting land mines in the area. According to information gathered these troops killed 3 villagers amongst the detained and the others have not yet been released. (Source: KORD, 2003)
On 10 August 2003, troops from SPDC LIB 434 led by Battalion Commander Khin Maung Zaw arrested and took away, without reason, Naw Ku Ree from Htee-ber-kha-hta village, Saw Kya Htoo (age 37), Pa Naw Si (age 24), and Saw Pa Dah (age 25), from Noe-law-hsu village. (Source: KIC, 2003)
On 16 August 2003, troops from SPDC LIB 340 arrested Htee-ber-kha-hta villager Saw Pa Peh Kaw (age 50), without reason. (Source: KIC, 2003)
On 30 June 2003, according to the U.S. Department of State, a combination of SPDC and a DKBA troops entered Noe-aw-lar village, Pa-an Township, where they proceeded to arrest and torture a villager. The report states that after the villager had escaped the troops took 450,000 kyat ($US 450) and a cow from his mother. They went on to abduct a woman from Zi-pyu-gon village. At the end of the year it was unknown whether the woman had been released or not.
On 6 August 2003, combined troops from DKBA, central security led by Moe Kyo and No.555 led by Pah Daw Bo came into Htee Kli Tha village, shot Saw Ta Ku Ku (age 46), from Si Paht Day Kee village, with small guns and heavy guns (RPG-7) and arrested him. After that Moe Kyo raped and killed his daughter, Naw Mu Kut (age 17). The troops burned down his hut which contained 8 baskets of paddy, and looted 10 baskets of rice for food as well as all his pigs and chickens. Saw Ta Ku Ku has not been released yet. This was the first time rape has been committed by DKBA troops in Pa-an District. (Source: KNU DOI, 2003)
Note: Thaton District, as reported below, is an area demarcated by the KNU as Karen territory. Thaton District falls mostly in the SPDC demarcated area of Mon State, while the area to the east of the Donthami River lies within SPDC demarcated Karen State. Thaton District is under the patrol of the 1st Brigade of the KNLA. The SPDC does not recognize this area as an official district.
On 28 March 2003, the Democratic Voice of Burma reported that a 78-year-old farmer was arrested and tortured at Nyaungpin Seik Police Station, for failing to meet his rice quota. (Source: "Farmer tortured in Mon State," DVB, 28 March 2003)
Thaton District
On 14 April 2003, troops from SPDC IB 35 Column No.2, looted the house of Naw-ka-toe villager, Naw Hkee Lar (female, age 48), and took 30,000 kyat in cash, and some household items in Thaton District. Later they arrested and tortured Naw Hkee Lar and her son, Saw Soe Naing (age 22). (Source KIC, 2003)
On 22 April 2003, combined troops from DKBA and SPDC IB 11, led Commander Aung Ze Ya Lin of Column No.2, arrested without reason Saw Pa Lu, from Kaw-po-pleh village, Bi-lin Township, and shot him to death between Lay-kay and Pa-ya-raw villages, Thaton District. (Source: KIC, 2003)
On 23 April 2003, combined troops from SPDC IB 11, led by Column No.2 Commander Aung Za Ya Lin, and from the DKBA arrested without reason Saw Eh Soe, Pa Mee Per and Pa Maung Kwee from Pa-ya-raw village, Bi-lin Township, Thaton District and shot and killed Pa Mee Per and Pa Maung Kwee between Lay-kay and Pa-ya-raw villages. (Source: KIC, 2003)
On 23 April 2003, combined troops from SPDC IB 11 led by Column No.2 commander, Aung Za Ya Lin, and from the DKBA arrested Saw Pa Ku from Ler-po village, Bi-lin Township, Thaton District and demanded a fire arm from him, and a radio transceiver set. As he did not have a radio set, the troops beat him up, covered his head with a plastic bag, poured water on him and finally took him to Lay-kay village. (Source: KIC, 2003)
On 8 September 2003, DKBA troops led by Chit Myaing came to Baw-naw-wah village, Bi-lin Township, Thaton District and arrested villager Pah Kaw. After he escaped the troops demanded 1 pig, 5 chickens, 5 baskets of rice and 2,000 kyat from Pa Kaw's mother as a fine. (Source: KIC, 2003)
Note: Taungoo District is an area demarcated by the KNU as Karen territory. Taungoo falls partially in SPDC demarcated Pegu Division and partially in SPDC demarcated Karen State. Taungoo is under the patrol of the 2nd Brigade of the Karen National Liberation Army (KNLA). The SPDC does not recognize Taungoo as an official district.
On 22 February 2003, troops from SPDC IB 26 based at Tha-aye-hta, led by Battalion Commander Khin Maung Cho, came to Hgar-mu-doe village, Than-daung Township, Taungoo District and arrested Saw Ba Sein (age 24), Saw Ta Too Tu (age 35) and Saw Ta Mya (age 20) and confiscated an air rifle from them. (Source KIC, 2003)
On 8 July 2003, troops from SPDC IB 92 based at Kaw-thay-doe army camp, led by Sergeant Major Htun Wai, came to the shops of Ka-thwee-dee village, Than-daung Township. They looted merchandise and money from the shop owners as follows:
(1) Saw Maung Htun, age 45, merchandise worth 70,000 kyat;
(2) Naw Mee Mi, female, age 30, merchandise worth 150,000 kyat and 50,000 kyat in cash;
(3) Saw Ka Thay, age 60, 120,000 kyat worth of merchandise; and
(4) Naw Maw Kya, female, age 35, merchandise worth 90,000 kyat.
These troops also dismantled the shops and beat up the shop owners. In the evening, the same troops seized Saw Htun Win (age 35), chairman of Ka-thwee-dee village, and secretary Saw Ohn Zan (age 30), and ordered the other villagers to pay a ransom of 150,000 kyat for their release. (Source: KIC)
On 5 June 2003, SPDC troop IB 92 led by sergeant Tint Naing and Corporal Thein Moe, left Klesoekhee village, Taungoo District and went back to their camp at Kawthayder. On their way back, they forcibly took 9 women villagers and 1 man along with them. They were Naw Nay Koo Ku, Naw Hsa Poo Pu, Naw Kyeh Reh Htoo, Naw Ma Li, Naw Pa Thi, Naw Eh Sa Ri, Naw Pu, Naw Tha Boe, Naw Aye May and Tha Bwa Aung Shwe. They were taken to Kaw-thay-doe army camp. (Source: KORD & KIC)
On 10 June 2003, the same troop IB 92 again arrested without reason 2 Kawthayder villagers of Taungoo District Saw Ta Kwah Kwah (age 35) and Saw Tha Khu (age 25) and had not released them at the time of this report. (Source: KORD, 2003)
On 11 June 2003, the SPDC troops based at Baw-ga-li seized Kaw-thay-doe villager, Saw Ah Kaw (age 60), son of Saw Ree Sha, and took him along with them to Baw-gali village, Taungoo District. (Source: KIC, 2003)
On 20 June 2003, at 12:00 noon, troops from SPDC LIB 599 led by Bo Than Oo, arrived and shot at villagers while they were buying and selling at the market place of Deh-lor village, Tan-ta-bin Township, Taungoo District. One villager from Plaw-baw-doe went missing and one Hle-lan-koo villager, Min Thu, was arrested and taken away. As Hle-lan-koo villagers Thein Htun, Ma Tin, Maung Myint and Khin Maung Myint ran away, the SPDC troops looted all of their merchandise left behind and burned down the market place. (Source: KIC & KORD, 2003)
On 5 July 2003, troops from SPDC LIB 73, led by Bo Tin Ko Oo, came to Sha-zi-bo village tract, Taungoo District and extorted from the villagers 7 sacks of rice and a cow worth 200,000 kyat. The villagers were:
(1) Sha-zi-bo, 4 sacks of rice and 40,000 kyat;
(2) Ye-shan, 1 sack of rice and 45,000 kyat;
(3) Zi-pyu-gon, 1 sack of rice and 60,000 kyat; and
(4) Taw-gon, 1 sack of rice and 25,000 kyat.
Moreover, the troops arrested Zi-pyu-gon villager, Naw Pay Pay without reason and sent her to Taungoo. She was sentenced to 4 years imprisonment. (Source: KIC, 2003)
On 10 July 2003, troops from SPDC IB 73, led by Bo Kyaw Myo Htun, came to Taw-gon village, Tan-ta-bin Township, Taungoo District to arrest villager Naw Meh Soe, but as she escaped, the troops arrested her father Saw Htun Khaing of Zee-pyu-gon village and sent him to Zayat-gyi. They extorted 49,000 kyat from him and released him 2 weeks later on 24 July 2003. (Source: KIC & KORD, 2003)
Sagaing Division
On 30 January 2003, it was reported that 5 farmers from Pale Township were arrested for failing to fulfil their quotas; they were released after paying bribes. Due to a poor harvest and the huge difference between the regime’s price, and the market price, many cotton farmers expected that they would be unable to fulfil the set quota they had been instructed sell to the SPDC. (Source: "Farmers forced to sell cotton," DVB, 30 January 2003)
Murng-Kerng Township
Since the beginning of 2003, SPDC troops of LIB 514 have been forcing people in Murng-Kerng Township, whether they have rice fields or not, to sell rice to the military at the rate of 300 kyat per basket, while the current market price is 3,000 kyat per basket. People who had rice fields had to sell 8 baskets of unhulled rice at the above rate for every acre of their rice fields, an increase from previous years, when farmers were forced to sell only 5 baskets per acre. Those who fail to meet their quotas will have to face at least 2 months imprisonment and a fine of 30,000 kyat. (Source: SHRF, April 2003)
On 24 February 2003, Zaai Saang Wi (age 30), from Nawng Yaang village tract, Murng-Kerng Township, was arrested and was still in detention at the time of this report. His 5-acre rice field yielded only 28 baskets of unhulled rice due to poor soil and bad weather, so he could not sell his rice quota. (Source: SHRF, April 2003)
On 24 February 2003, Naang Pao (female, age 33), a widow with 4 children, also from Nawng Yaang village tract, was arrested. Due to destruction by insects and unexpected rains during harvest, she could only meet the quotas for 7 acres of her 10-acre rice field. She was continued to be detained up to the time of this report. (Source: SHRF, April 2003)
Murng-Ton Township
On 17 March 2003, Naang Zaam Mawn (age 23), from Murng-Ton, was summoned back to her hometown by Commander Tin Thein of SPDC IB 225. She was studying at a degree college in Kaeng-Tung town. When she returned home to Murng-Ton Naang Zaam Mawn was taken to the police station and detained for 3 days without knowing the reason for her detention. During her detention many of her friends, who had heard about the incident, came to see her, bringing with them food and water so that she did not starve, even though her guards did not give her anything to eat. After 3 days Naang Zaam Mawn was taken out of her lockup, and told by commander Tin Thein that her parents had gone to Thailand with 2,000,000 kyat of stolen money. Naang Zaam Mawn responded that if her parents had that much money they would not have needed to go to Thailand and find work as laborers. They went to work in Thailand because they did not have enough money to support her school expenses. Naang Zaam Mawn was then released and instructed to go and bring her parents back. (Source: SHRF, October 2003)
On 26 June 2003, SPDC township authorities told people in Ta-Khi-Laek, “... you must go back and tell all the village and community leaders to tell their respective villagers and townspeople not to accept any guests from Murng Kok and Murng Lung village tracts in Murng-Sart township. If anyone from those areas is found staying overnight, the hosts, or the respective village or community leaders, will be jailed for 6 months.” Although SPDC authorities did not mention any reasons for issuing the order, it took place after 2 villages in Murng Kok village tract in Murng-Sart Township were burned down by SPDC troops. (Source: SHRF, August 2003)
On 16 July 2003, a villager of Kawng Mon village in Murng Ko village tract, Ta-Khi-Laek Township, was arrested for having 2 guests from Murng Lung village tract in Murng-Sart Township overnight at his house. He was imprisoned, together with the 2 guests, in Ta-Khi-Laek town. Although the guests were released after 3 days, after paying a fine of 2,000 baht each, and ordered to return to their home in Murng-Sart right away, their host, Zaai Sri-Wun (age 49), was still in prison up to the time of this report. The guests were said to be the brother and sister-in-law of their host. (Source: SHRF, August 2003)
Note: Mergui-Tavoy District is an area demarcated by the KNU as part of Karen territory. Mergui-Tavoy falls into SPDC demarcated Tenasserim Division and is under the patrol of the 4th Brigade of the KNLA. The SPDC does not recognize Mergui-Tavoy as an official district
Since the beginning of 2003, Burmese troops in Kamoethway area in the east of Tavoy, have been forcing the local villagers to implement rice farming projects on behalf of the military. Many villagers fled to the Thai border to escape the forced labour.
On 1 March 2003, a village headman from Wahku village was arrested and detained for 10 days by Burmese troops. It was learnt that he had complained about the order of No.1 Strategic Command HQ, to clear the land for the afore mentioned farming project. He complained that the commander should give the farmers some cattle or a tractor to do the work. His complaint was later passed on the commander. (Source: Mergui-Tavoy District Information Department, KNU, March 2003)
On 30 July 2003, at 10:05 am, troops from SPDC LIB 358 came to Klee-di-plaw area in Kaw-thaung Township, Mergui-Tavoy District arrested and took away a villager, Pu Pa Hkeh (age 65), without reason. These troops also arrested the son of Daw Pa Lah (age 18), entered her house and took 1 cassette player, 4 pots, 10 plates, 1 iron stove, 4 spoons, some salt, fish paste and monosodium glutamate. (Source: KIC, 2003)
3.16 Arrest and Detention of Foreigners
In 2003, there were no reported arrests of foreign journalists, however in previous years, several journalists who entered the country as tourists were detained or deported by the SPDC (Source: Country Reports on Human Rights Practices - 2003, Bureau of Democracy, Human Rights, Labor, U.S. Department of State, 25 February 2004)
Thai soldiers go missing in Burma
On 9 August 2003, the Bangkok Post reported that, Lt. Gen. Pinchernmet Muangmanee, a Thai Third Army chief, asked Burma's SPDC to return 2 Thai soldiers, believed to have been held captive by the military in Burma. Sgt. Sawaeng Romchai was captured after crossing the Thai-Burma border via the San Makhet passage in Chiang Rai Province 1999 and Sgt. Dao Warinteh went missing in May 2002 after crossing the border. The third army chief said Rangoon, which denied detaining any Thai soldiers, promised to help look for the 2 men. The article stated that Lt. Gen. Picharnmet expected "good news" about the soldiers at the Regional Border Committee meeting between Thai and Burmese authorities on 22-23 August 2003. However, there was no information available following this report. (Source: "Burma queried over Soldiers", Bangkok Post, 9 August 2003)
Seven-year sentence for "Truthfulness-Compassion-Tolerance" banner
On 23 January 2003, the arrest and continued detention of Mr. Chan Wing Yuen, a Falun Gong practitioner and permanent resident of Hong Kong, was exposed publicly for the first time. Mr.Chan had been detained in Rangoon on 12 December 2001 after his attempted demonstration against then President of China, Jiang Zemin. Mr. Chan had displayed a banner reading "Truth-Compassion-Tolerance" along the expected route of visiting President Zemin but he was quickly taken into custody by Rangoon police.
On 31 January 2002, under the gaze of the Chinese Embassy, and without the presence of either a lawyer or his family, the elder was secretly sentenced to 7 years in prison. While in detention, and after his sentencing, officials from the Chinese Embassy supervised as local Burmese police repeatedly demanded that Mr. Chan present a written promise to stop practicing, and renounce his belief in, Falun Gong. This is a demand commonly imposed on practitioners in China. In exchange for signing the statement the authorities offered him his freedom. Mr. Chan refused. (Source: "Burma: Elder Slapped with 7 Years for 'Truthfulness-Compassion-Tolerance' Banner", Falun Dafa Information Centre, Hong Kong, 24 January 2003)
3.17 Appendix 1
Interview #1: A Day in the Life at Shwebo
Name: Aae Mondarar
Age: 29
Date of Arrest: 1 October 1998
Date of trial: 15 January 1999
Date of release: 16 March 2003
Prison: Insein (approximately 6 months), Schwebo (four years)
Held under: Article 5(j) of the 1950 Emergency Provision Act and 17/20
Sentence: 21 years
Served: 4 years 6 months
Signed section 401/1: yes
Aae Mondarar's sentence was reduced under section 401/1 by 16 years and 6 months.
Q: Why were you arrested?
A: They tried to arrest me because of the December 96 student strike, but I escaped. I was one of the members who met to re-establish Rangoon University Student Union, participated in the 98 student strike/demonstration and supported CRPP. I made a yellow flag with the slogan "we support CRPP" on it. I was accused of making the flag, but we didn't use it. MI accused me of making a peacock flag in the demonstration. I was among 22 people who met to reopen the student union. MI tried to arrest me but I escaped.
Q: What was the official reason for your arrest?
A: MI told me that I was arrested because I made a yellow flag and at the trial they accused me of all of the above. When they arrested me MI didn't know about my participation because I had a different name- they found out that part after my arrest. I was held in detention in Insein during pre-trial period and I was not allowed any visits before my trial. After I was imprisoned it was one month before I saw my family.
Q: Can you tell me about a normal day in Schwebo prison?
A: The prison opened at 6:00 am, but I normally got up around 4:00 am to do my prayers (Buddhist). As soon as the prison was open we would be given some rice yogurt. 9:00 am we were offered a ration of rice, the prison closed from 12:00 -2:00 pm. 9:00 -12:00 am I would read religious books or meditate, sometimes I would take a rest. I was allowed to walk around in the cell compound from 6:00 am -12:00 pm. 12:00 -2:00 pm we had to stay in our cells. The prison re-opened at 2:00 pm and we were offered dinner at 3:00 pm. Then I would take a bath at 4:00 pm once a day. I was allowed a bowl of water and allowed to walk. 6:00 pm we were closed inside our cells. I would do some meditation and reading, sometimes I would chat to my friend. 9:00 pm we went to bed. Sometimes after this we would read or chat, but when the wardens were around we had to sleep. When I first arrived I could only take a bath once every three days due to the water shortage- it was very hot in Schwebo. I was allowed one bath a day when I requested the superintendent, and also after ICRC started to visit the prison. One month before ICRC came I was allowed a daily bath.
Q: Was there enough water for drinking?
A: Normally, yes. Very rarely, when there was a drought there was no water and we could only take a bath once in 10 days.
Q: Did you ever experience any violence from the prison authorities, or from the other prisoners?
A: Physically I never received a beating but I was constantly sworn at by prison authorities. Female wardens swore at me as if I was a criminal, calling me a prostitute, whore, etc.
Q: How were political prisoners treated in comparison to normal criminals?
A: The superintendent and the prison officers did not treat us so bad at Schwebo, because male officers did not come to the female ward often but female wardens were very bad. They treated female political prisoners the same as criminals and did not want to recognize us as political prisoners. These female wardens were very rude. There was no physical contact but I was threatened by a warden when I demanded my rights. She said that she would slap my face and quit her job. This female warden did not like me as she thought I was very proud. In Schwebo prison all political prisoners were brought boiled beef every Wednesday but some people could not eat beef, but the prison authorities did not offer them anything to replace it. When ICRC visited Schwebo prison the people who didn't eat beef informed ICRC, and after that they were offered eggs instead, but they were yelled at and threatened for talking to ICRC. Normal prisoners were not allowed to make requests and no-one was allowed to say anything to ICRC, anyone who told something to ICRC was given 35 beats. I did not see it but this is what the prison authorities informed us would happen. So criminals would ask the political prisoners to tell ICRC on their behalf.
Q: Will signing section 401/1 stop your political activities?
A: I am afraid of being rearrested. MI doesn't release anyone after they arrest them. It will stop people because of the threat. I will not participate in political activities inside Burma because I am afraid of being arrested.
Q: What does that threat stop you doing?
A: Even if I hadn't signed I would still have been scared of being rearrested, because anyone who has been in prison for their political activities will always be a political prisoner. Before I fled Burma I had some contact inside Schwebo prison. I sent some books and political news, and MI found out that someone had sent them and questioned the prisoner who received them. I think section 401/1 is a big threat to political prisoners who sign. I would be rearrested and have to serve an extra 16 years and 6 months on top of the sentence I received because of it. Two people were released at the same time as me and they both signed it as well.
(Source: HRDU, 26 May 2004)
Letter #1: Report to UN Special Rapporteur, Paulo Sergio Pinheiro on the conditions in Tharawaddy (Thayawaddy) Prison from AAPP (March 2004)
Tharawaddy prison is located in the west of Pegu division in lower Burma. The distance between Tharawaddy and Rangoon is 78 miles. The weather of Tharawaddy is temperate. There are over 1000 prisoners including at least 158 political prisoners. Health care in prison is not much improved. Prisoners rely on their families for medicine and good treatment. Prisoners are treated well the day when ICRC or other prominent delegates visited. Usually prisoners are not treated well.
The following political prisoners were brutally tortured at the prison gate. They were moved from Bessein and Myaung Mya to Tharawaddy prison in September 2003:
(1) Aung Naing,
(2) Tin Thein (KNU),
(3) Kyin Thaung (KNU),
(4) Ko Ko Naing (KNU),
(5) Min Key (KNU),
(6) Maung Maung Htwe (ABSDF),
(7) Maung Oo (ALP),
(8) Thar Nyi (NB: he was a monk before arrest),
(9) Ba Thein Latt,
(10) Zaw Than,
(11) Than Htay,
(12) Aung Zaw Oo, and
(13) Kyaw Way Soe.
Here we would like to inform
you that the above political prisoners were held at gunpoint when they entered
Tharawaddy prison gate. They were then shackled with iron chains and bars and
were beaten with bamboo sticks until they were unconscious. To date, they remain
in tiny cells and are not allowed to have visits from family members. They are
forced to sleep on the concrete floor and very sometimes, they receive one meal
a day.
Conclusion:
AAPP does not refute that improvements have been made in Burmese prisons. We wish to thank the ICRC, countless NGOs, governments, the United Nations, and Prof. Pinheiro in particular, for their constant work to improve conditions in Burma’s dismal prisons. But it is with regret that we must say that all progress is temporary. Prisoners continue to receive insufficient food. Prisoners must buy medicine themselves, when necessary. None of the prisoners receive proper health care. Torture, both physical and mental, continues. There is no rule of law in Burma. To end the suffering of prisoners in prisons, labor camps, and on the front lines, Burma needs an elected government that respects human rights and cares about the welfare of all its citizens.
Bo Kyi
Joint Secretary
AAPP
(Source: AAPP, March 2004)
3.18 Appendix 2
|
POLITICAL PRISONERS IN NEED OF MEDICAL TREATMENT Source: AAPP, 1 APRIL 2003. |
||||
|
NO |
Name |
Name of Illness |
Gender |
Prison |
|
1 |
Aung Aung |
Paralysis |
Male |
Mandalay |
|
2 |
Aung Kyaw Soe |
Paralysis |
Male |
Myaung Mya |
|
3 |
Aung Myo Tint |
Heart problem |
Male |
Myaung Mya |
|
4 |
Aung Naing |
Heart problem, Hypertension |
Male |
Bassein |
|
5 |
Aung Naing |
Hypertension |
Male |
Mandalay |
|
6 |
Aung Naing Oo |
Weight loss, Weak |
Male |
Myitkyina |
|
7 |
Aung Swam |
Mental illness, Leg problem |
Male |
Myinggyan |
|
8 |
Aung Zin |
Hyper tension, Heart problem, Faints |
Male |
Insein |
|
9 |
Aung Zin Minn |
Gastric Ulcer |
Male |
Thayet |
|
10 |
Aye Aung |
Malaria, Typhoid |
Male |
Kale |
|
11 |
Aye Myint Than |
Rheumatic arthritis, Heart problem |
Female |
Myaung Mya |
|
12 |
Aye Than |
Hypertension |
Female |
Insein |
|
13 |
Ba Minn |
Weight loss, Weak |
Male |
Myitkyina |
|
14 |
Chit Ko Ko |
Mental illness, Psychosis |
Male |
Mandalay |
|
15 |
Do Daung (MP) |
Coronary heart disease, Hypertension, Ear problem |
Male |
Mandalay |
|
16 |
Han Nyunt |
Mental illness, Depression |
Male |
Myaung Mya |
|
17 |
Hla Hla Win |
Increase heartbeat, Gastric Ulcer, |
Female |
Insein |
|
18 |
Hla Shwe |
Gastric Ulcer |
Male |
Thayet |
|
19 |
Hla Win (a) Har Yutt |
Piles (Bleeding Piles) |
Male |
Moulmein |
|
20 |
Hlaing Win Swe |
Eye problem |
Male |
Myaung Mya |
|
21 |
Htain Linn |
Gastric Ulcer |
Male |
Myaung Mya |
|
22 |
Htay Nyunt |
Dizzy |
Male |
Mandalay |
|
23 |
Htay Thein |
Mental illness, Psychosis |
Male |
Mandalay |
|
24 |
Htay Win Aung (a) Pyone Cho |
Ear problem |
Male |
Insein |
|
25 |
Khaing Soe |
Stomach problem |
Male |
Insein |
|
26 |
Khin Khin Laeh |
Rheumatic arthritis, Dysentry |
Female |
Insein |
|
27 |
Khin Mg Kyi |
Gout |
Male |
Thayet |
|
28 |
Khin Moe Aye |
Hypertension |
Female |
Insein |
|
29 |
Khin Zaw Oo (a) Saw Win |
Malaria, Dysentery |
Male |
Kale |
|
30 |
Ko Ko Gyi |
Lipoma |
Male |
Thayet |
|
31 |
Ko Ko Lay (a) Bo Bo |
Eye problem |
Male |
Myaung Mya |
|
32 |
Kyaing Tun |
Glaucoma |
Male |
Moulmein |
|
33 |
Kyaw Kyaw Tun (a) Ar Da Ban Ali |
Piles, Inguinal Hernia |
Male |
Myaung Mya |
|
34 |
Kyaw Minn Tun |
Mental illness |
Male |
Insein |
|
35 |
Kyaw Mya |
Gastric Ulcer |
Male |
Bassein |
|
36 |
Kyaw Nyunt |
Ear problem |
Male |
Mandalay |
|
37 |
Kyaw Oo (a) Ar Ziz |
Asthma, Dizzy |
Male |
Myaung Mya |
|
38 |
Kyaw Soe Wai |
Chest pain |
Male |
Bassein |
|
39 |
Kyaw Than |
Mental illness, Depression |
Male |
Insein |
|
40 |
Kyaw Zin Htway |
Fits, Convulsion |
Male |
Bassein |
|
41 |
Kyi Kyi Win |
Rheumatic arthritis, Back pain |
Female |
Mandalay |
|
42 |
Kyi Tin Oo |
Heart problem |
Male |
Insein |
|
43 |
Kyin Thaung |
Eye problem |
Male |
Myaung Mya |
|
44 |
Lin Lin Tun |
Coronary heart disease |
Male |
Mandalay |
|
45 |
Lwin Nyein |
Hepatitis |
Male |
Myaung Mya |
|
46 |
Manh Mg Waa |
General health problem |
Male |
Myaung Mya |
|
47 |
Manh Phyu Lone |
General health problem |
Male |
Myaung Mya |
|
48 |
Mar Mar Oo |
Rheumatic arthritis, Tonsilitis |
Female |
Insein |
|
49 |
Maung Tin |
General |
Male |
Moulmein |
|
50 |
May Win Myint (Dr.) |
Rheumatic arthritis, Gastric Ulcer |
Female |
Insein |
|
51 |
Mg Mg |
Mental illness, Depression |
Male |
Myaung Mya |
|
52 |
Mg Mg Lay |
Chest pain |
Male |
Myaung Mya |
|
53 |
Mg Oo (a) Khin Mg Oo |
Inguinal Hernia |
Male |
Myaung Mya |
|
54 |
Min Kin |
Chest pain |
Male |
Myaung Mya |
|
55 |
Min Kyi Win (Dr.) |
Mental illness & Weight loss |
Male |
Moulmein |
|
56 |
Min Soe Linn (Dr.) |
Inguinal Hernia |
Male |
Moulmein |
|
57 |
Min Thu |
Coronary heart disease |
Male |
Insein |
|
58 |
Moe Zaw Naing (a) Aung Phyo |
Tuberculosis |
Male |
Thayet |
|
59 |
Mya Kyaing (a) Thway Khaing |
Heart problem, Hypertension |
Male |
Tharawaddy |
|
60 |
Mya Sabal Moe |
Paralysis |
Female |
Shwe Bo |
|
61 |
Myo Minn (a) Lwin (a) Ar Ziz |
Eye problem |
Male |
Myaung Mya |
|
62 |
Myo Minn Thein |
Heart problem, Asthma, Piles |
Male |
Myaung Mya |
|
63 |
Myo Myint |
Heart problem |
Male |
Tharawaddy |
|
64 |
Myo Naing (a) Mu Tuu |
Neuropathy |
Male |
Myaung Mya |
|
65 |
Myo Thein (a) Da Ban |
Neuropathy |
Male |
Myaung Mya |
|
66 |
Nai Ngwe Thein |
Fistula, Pain in urination |
Male |
Moulmein |
|
67 |
Naing Aung Mon |
Gastric Ulcer |
Male |
Myaung Mya |
|
68 |
Naing Myint (a) Myint Soe |
Mental illness, Psychosis |
Male |
Mandalay |
|
69 |
Nay Linn Soe |
Eye problem |
Male |
Kale |
|
70 |
Nay Tin Myint |
Gastric Ulcer |
Male |
Myinggyan |
|
71 |
Nay Zar Phyo |
Mental illness, Gastric Ulcer, Piles |
Male |
Moulmein |
|
72 |
Nyi Nyi (a) Myo San |
Chronic sinusitis |
Male |
Myaung Mya |
|
73 |
Nyunt Yin |
Faints, Hypotension |
Female |
Insein |
|
74 |
Ohn Kyaing (a) Aung Wint |
Piles, Tuberculosis |
Male |
Taungoo |
|
75 |
Ohn Maung |
Liver problem, Pain in urination, Gastric Ulcer |
Male |
Insein |
|
76 |
Phoe Laa Pyae |
Rheumatic arthritis, Kidneys disease, Oedema |
Male |
Bassein |
|
77 |
Phone Thet Pai |
Osteosclerosis |
Male |
Myaung Mya |
|
78 |
Saa Htoo Saw |
Tuberculosis |
Male |
Thayet |
|
79 |
Salai Tun Than |
Eye problem |
Male |
Insein |
|
80 |
San Hla Baw |
Paralysis, Nephritis |
Male |
Thayet |
|
81 |
San Nuu |
Skin infections |
Male |
Tharawaddy |
|
82 |
Saw Bin Son |
Tuberculosis |
Male |
Thayet |
|
83 |
Saw Naing Naing |
Recovery from surgical operation for Hydrocoele, Elephantiasis |
Male |
Insein |
|
84 |
Saw Nay Dunn |
Asthma, Hypertension, Heart problem |
Male |
Tharawaddy |
|
85 |
Saw Tha Gay (a) Ba Gyan |
General health problem |
Male |
Myaung Mya |
|
86 |
Sein Hla Oo |
Hypertension, Inguinal Hernia |
Male |
Myitkyina |
|
87 |
Sein Linn (a) Ag Nga Lay |
Hypertension, Heart problem, Fits, Convulsion |
Male |
Mandalay |
|
88 |
Sein Win |
Gastric Ulcer |
Male |
Myitkyina |
|
89 |
Soe Han |
Eye problem |
Male |
Insein |
|
90 |
Soe Moe Naing (a) Ngone |
Mental illness, Psychosis |
Male |
Mandalay |
|
91 |
Soe Myint |
Hypertension, Diabetes |
Male |
Insein |
|
92 |
Soe Myint |
Rheumatic arthritis |
Male |
Tharawaddy |
|
93 |
Soe Myint (MP) |
Paralysis |
Male |
Insein |
|
94 |
Soe Win (a) Bo Phyu |
Scabies |
Male |
Myaung Mya |
|
95 |
Tha Linn Tin |
Asthma |
Male |
Myaung Mya |
|
96 |
Than Htike (a) Zr Zarr |
Heart problem |
Male |
Myaung Mya |
|
97 |
Than Lwin (a) Ah Naing |
Malaria, Rheumatic Arthritis |
Male |
Moulmein |
|
98 |
Than Mg (a) Wah Hap |
Heart problem, Diabetes, Nephritis |
Male |
Myaung Mya |
|
99 |
Than Naing |
Mental illness, Depression |
Male |
Moulmein |
|
100 |
Than Ni Thein |
Glaucoma |
Male |
Moulmein |
|
101 |
Than Nyein (Dr.) |
Liver Cirrhosis |
Male |
Insein |
|
102 |
Than Than Htay |
Rheumatic arthritis, Tonsilitis |
Female |
Insein |
|
103 |
Than Tun |
hand injuries |
Male |
Maubin |
|
104 |
Thet Naing Oo (a) Thet Khaing |
Neuropathy |
Male |
Myitkyina |
|
105 |
Thet Tun Oo (a) Abdu Raman |
Malaria, Scabies |
Male |
Myaung Mya |
|
106 |
Thi Thi Aung |
Nephritis, Oedema |
Female |
Tharawaddy |
|
107 |
Thida Htway |
Hand injure |
Female |
Insein |
|
108 |
Thura Kyaw Zin |
Hypertension, Gastric Ulcer |
Male |
Myaung Mya |
|
109 |
Thuu Wai |
Asthma |
Male |
Insein |
|
110 |
Tin Aung |
Hypertension, Diabetes |
Male |
Kale |
|
111 |
Tin Aye |
Skin infections, Weight loss |
Male |
Taungoo |
|
112 |
Tin Cho |
Hypertension |
Male |
Mandalay |
|
113 |
Tin Moe (a) Osman |
Oedema, Scabies |
Male |
Myaung Mya |
|
114 |
Tin Myint |
Mental illness |
Male |
Mandalay |
|
115 |
Tin Myint (a) Zin Bo |
Malaria |
Male |
Myaung Mya |
|
116 |
Tin Soe (a) Yee Nuut |
Piles |
Male |
Myaung Mya |
|
117 |
Tin Tun |
Heart problem, Hypertension |
Male |
Insein |
|
118 |
Tin Win |
Paralysis |
Male |
Thayet |
|
119 |
Toe Po |
Piles, BPH, Loss of hearing |
Male |
Insein |
|
120 |
Toe Toe (a) Ali |
Scabies, Tooth problem |
Male |
Myaung Mya |
|
121 |
Tun Myint |
BPN |
Male |
Insein |
|
122 |
Tun Ngwe Thein |
Fistula, Pain in urination |
Male |
Tharawaddy |
|
123 |
Tun Oo (a) ET |
Gastric Ulcer |
Male |
Thayet |
|
124 |
Tung Aung Kyaw |
Tuberculosis |
Male |
Mandalay |
|
125 |
Wai Linn |
Mental illness |
Male |
Tharawaddy |
|
126 |
Wanna Maung |
Heart problem |
Male |
Moulmein |
|
127 |
Win Aung (a) Win Maung |
Hypertension, Depression |
Male |
Moulmein |
|
128 |
Win Kywal |
Paralysis, Mental illness |
Male |
Moulmein |
|
129 |
Win Naing |
Heart problem |
Male |
Moulmein |
|
130 |
Win Naing |
Mental illness |
Male |
Mandalay |
|
131 |
Win Tin |
Osteosclerosis |
Male |
Insein |
|
132 |
Yan Gyi Aung |
Glaucoma |
Male |
Moulmein |
|
133 |
Yan Naing Minn |
Inguinal Hernia, Mental illness |
Male |
Mandalay |
|
134 |
Ye Maw Htoo |
Elephantiasis |
Male |
Insein |
|
135 |
Ye Minn Naing (a) Barbu |
Eye problem |
Male |
Myaung Mya |
|
136 |
Yee Mon |
Rheumatic arthritis |
Male |
Myaung Mya |
|
137 |
Zaw Htoo (a) Mg Mg Htoo |
Hypertension, Gastric Ulcer |
Male |
Myaung Mya |
|
138 |
Zaw Min (Dr.) |
Mental illness, Psychosis |
Male |
Mandalay |
|
139 |
Zaw Min Tun (a) Mu Sa |
Coronary heart disease |
Male |
Myaung Mya |
|
140 |
Zaw Minn Oo |
Coronary heart disease |
Male |
Myaung Mya |
|
141 |
Zaw Than Htike |
Gastric Ulcer |
Male |
Bassein |
|
142 |
Zay Ya |
Piles |
Male |
Insein |
Table of Contents Facts on Human Rights Violations in Burma 2003