3. Arbitrary Detention and Enforced or Involuntary Disappearances

 
No one shall be subjected to arbitrary arrest, detention or exile.

 

- Article 9, Universal Declaration of Human Rights

 

3.1 Background

 

Since 1962, Burma has been ruled by successive military regimes. The current regime, known as the State Peace and Development Council (SPDC), maintains an extensive network of state sanctioned personnel, including police and government officials, to monitor and detain individuals who are suspected of holding or expressing opinions against the government. Until 19 October 2004, when Prime Minister Khin Nyunt was removed from office, arrested and replaced with Lt Gen Soe Win, the Office of Chief Military Intelligence (OCMI) and Military Intelligence (MI) personnel played a central role in this network. As the OCMI was under the direction of Khin Nyunt, it and organizations within its apparatus were subsequently disbanded on 22 October 2004. The Military Affairs Security (MAS) assumed the same role, although with a reportedly lesser degree of power. In addition, the Special Police Information Force (SPIF) has taken over responsibility for political matters, under the direction of the SPDC. By the end of 2004, the effects of these changes had yet to be fully realized and many believed them to be only cosmetic as many intelligence personnel were transferred to serve the same duties under the new apparatus. Yet, both prior to and following this change in government leadership and organization, the people of Burma had been denied the right to criticize or change their government, facing arrest and detention for peaceful expression of political opinion.

 

The government has enacted and enforced strict laws which curtail civil and political freedoms enabling government personnel to eliminate any opposition. These laws suppress and criminalize rights to freedom of assembly, association, belief, expression and movement. The most frequently utilized laws for these purposes are 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. Additional laws have been established in order to contend with technological developments that may allow for organizing or communicating through alternative means. In addition, citizens are denied the right to privacy as government officials frequently enter homes without warrants and monitor communication.

 

Throughout 2004, government personnel continued to arrest and detain individuals suspected of expressing political dissent, regardless of the fact that these activities were usually peaceful. While some detainees reportedly returned to their homes after a few days or weeks, others disappeared entirely. It is believed that government personnel took all detainees for the purpose of interrogation, without the knowledge of family members. Political detainees are usually subject to interrogation which is often accompanied by torture. Many are held incommunicado without trial for extended periods of time under Article 10(a) and (b) of the 1975 State Protection Act, which allows for detention of up to 5 years without trial or charge. According to the U.S. Department of State, government personnel arrested and detained at least 85 political activists in 2004, most of whom were members of the largest pro-democracy political party, the National League for Democracy (NLD). Forty-two of these arrestees were reportedly released while 43 remained incarcerated and were tried and sentenced by the end of 2004. (Source: Country Reports on Human Rights Practices-2004, Bureau for Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005)

 

Arbitrary arrest and detention of ethnic minorities suspected of supporting rebel activity also persisted throughout 2004. In areas such as Karen State, Mon State and Shan State, villagers were frequently arrested on the suspicion of supporting or having contact with rebel groups. Villagers arrested under these circumstances frequently endured torture or cruel and degrading treatment. In addition, release from detention was often contingent upon the guarantee of fellow villagers or the village headman that the detainee had no rebel connections, as well as payment of heavy fines. Various 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 Section 17/1 (contact with illegal organizations) and Section 17/2 (rising against the State) of the 1908 Unlawful Associations Act.

 

Aside from politically related arrests, arbitrary arrest and detention of persons not suspected of political activity also persisted throughout 2004, perpetrated by soldiers and other government personnel. Arrest and detention of villagers or individuals was frequently a means to extort money, food or supplies from villagers in return for their release. Other reports indicate that villagers were arrested and detained without any reason provided. Moreover, there were increasing reports of villagers either arbitrarily arrested or arrested for petty offensives, such as failure to pay unfair taxes or possession of lottery tickets. In turn, these villagers were sentenced to prison terms and were subsequently sent to serve as porters for the military on the frontlines or as laborers. Concurrently, the number of prisoner porters utilized by the military has reportedly increased over the past several years. Therefore, many observers have conjectured that arbitrary arrest of villagers is a method of maintaining a supply of laborers. This method of procuring laborers is believed to be an attempt by the SPDC to deflect criticisms for the use of civilian forced labor by concealing it with prison labor. (Source: Enduring Hunger and Repression: Food Scarcity, Internal Displacement, and the Continued Use of Forced Labor in Toungoo District, KHRG, September 2004) (Please see chapter on forced labor for more information.) 

 

The SPDC released a number of political prisoners during the year. According to the National Coalition Government of the Union of Burma (NCGUB), 177 political prisoners were released in 2004 (source: NCGUB, 15 June 2005). This included seven of the nine NLD Central Executive Committee (CEC) members. Following the removal of Prime Minister Khin Nyunt, the regime announced the release of 14,318 prisoners during three mass releases in November and December. According to SPDC statements, those who were released had been imprisoned due to “improper deeds” of the former National Intelligence Bureau. Of these mass releases, only 76 were reported to be political prisoners, including Min Ko Naing, chairman of the All Burma Federation of Student Unions (ABFSU). Min Ko Naing’s release came after more than 15 years of imprisonment, most of which was spent in solitary confinement. 

 

In late 2003, the SPDC announced a seven-point roadmap to democracy, which included the reconvening of the stalled 1993 National Convention, drafting of a new state constitution, and eventually, free and fair elections. Despite claims of embarking down a road of transition, those who expressed anti-government views continued to face harassment and arrest following this announcement. The National Convention, an essential step in the roadmap process, assembled from 17 May to 9 July 2004 while approximately 1,300 political prisoners remained incarcerated. The continued detention of political prisoners, including NLD General Secretary Daw Aung San Suu Kyi and NLD Vice-Chairman U Tin Oo, served as a key factor in the NLD’s justification for not attending the Convention. Both domestic and international actors have continually called for the release of all political prisoners as a pre-requisite to any genuine dialogue or political transition. In the sixty-first session of the UN Commission on Human Rights, the UN Special Rapporteur for Human Rights in Burma stated: “Releasing of all political prisoners should go hand in hand with discontinuing the practice of imprisoning people for merely speaking their minds or subjecting them to unfair trials without providing legal assistance or the most basic elements of the due process of law. Without these basic requirements, it would be extremely difficult or even impossible to launch a process of genuine transition towards democratization.” (Source: “Statement by Mr Paulo Sergio Pinheiro, Special Rapporteur on the Situation of Human Rights in Myanmar,” Sixty-first session of the Commission on Human Rights, Item 9, United Nations Economic and Social Council, 29 March 2005)

 

Despite the releases which occurred during the year and the SPDC’s stated intention to work towards political reform, over 1,300 political prisoners remained in detention at the end of 2004. (The NCGUB reports this number to be 1,465.) This number includes 11 Members of Parliament elected in the 1990 general elections and at least 280 members of the NLD. Moreover, the U.S. Department of State reports that at least 27 political prisoners had completed their sentences but continued to be detained under article 10(a) of the 1975 State Protection Act, which grants the SPDC broad discretion to extend their prison periods. Extensions are made regardless of age and health concerns. At the end of 2004, at least 100 prisoners were suffering from health complications resulting from the overcrowded unsanitary conditions and lack of access to medical treatment within Burma's prisons. In addition, the number of political prisoners who had died either while in prison or shortly after detention, from the time of the 1988 nationwide pro-democracy uprisings to the end of 2004, stood at approximately 100 persons.  (Source: AAPP, 2004)

 

3.2 Black Friday

 

The effects on human rights of the events of 30 May 2003 in Depayin have yet to be fully reversed.”

 

- UN Special Rapportuer for Human Rights in Burma, Professor Paulo Pinheiro (Source: "Situation of Human Rights in Myanmar," Fifty-ninth session of the UN General Assembly, Item 107 (c) of the provisional agenda, 30 August 2004)

 

On 30 May 2003, Aung San Suu Kyi, NLD members and supporters were violently attacked just outside of Depayin, Sagaing Division, as the NLD was proceeding with an organizing trip to Kachin State. The attack, perpetrated by members of the Union Solidarity and Development Association (USDA) and other state sanctioned actors, transpired approximately one year after Aung San Suu Kyi’s release from house arrest in May 2002. The attack involved an unverified number of people, estimated to be in the several thousands, armed with bamboo sticks and metal rods. The attack, which has come to be known as the “Depayin Massacre” or “Black Friday”, has been noted as “the largest regime-sponsored aggression against the NLD, and indeed all opposition groups, since the violent crackdowns against the nationwide pro-democracy demonstrations in 1988” (source: Burma Briefing: Issues and Concerns Volume 1, ALTSEAN, November 2004).

 

The precise number of dead, wounded and arrested have been impossible to ascertain as the SPDC has refuted both international and domestic calls for an independent investigation into the events of 30 May 2003, allowing the perpetrators of the attack to enjoy freedom from punishment or reproach. Instead, the SPDC has held firm to their claim that four people were killed and 50 injured in a conflict instigated by the NLD. Conversely, unofficial sources have reported these numbers to be much higher, while presenting extensive evidence that the attack was well planned and sanctioned by the SPDC. According to the NCGUB, 11 people were killed and 124 arrested on the night of the attacks. Those arrested included NLD General Secretary Daw Aung San Suu Kyi and NLD Vice-Chairman U Tin Oo, as well as other NLD members, supporters and MP-elects. Moreover, subsequent to the attack, a crackdown on the democracy movement ensued during which the military authorities attempted to eliminate evidence of the event as well as other activists in the pro-democracy movement. According to the NCGUB, a further 132 individuals were arrested following 30 May. Those arrested in conjunction with the attacks also included 18 MP-elects prior to 30 May and a further 25 thereafter. As of October 2004, SPDC authorities released 149 individuals who had been detained in conjunction with the attack at Depayin, including seven of the nine NLD CEC members. At the same time, 107 individuals remained in detention (source: “Political Prisoner Summary,” NCGUB, 4 October 2004).

 

Despite rumors and innuendoes of release, the two remaining NLD CEC members, Aung San Suu Kyi and U Tin Oo, remained in detention at the end of 2004. The SPDC had initially reported that both were held under “protective custody” and would be released when the situation in the country became stable again. Aung San Suu Kyi was first detained at Insein Prison and later transferred to a military intelligence unit. By the end of 2003, she was transferred to her home in Rangoon where she remained under house arrest throughout 2004. On 29 November 2004, her period of detention was extended for an additional year under Article 10(a) of the 1975 State Protection Act, which allows for the detention of a person for up to five years without charge or trial. On 16 December, it was reported that military authorities reduced the number of NLD security personnel allowed to be stationed outside of Aung San Suu Kyi’s home from 13 to six. When she responded that the reduction was unsatisfactory, the government removed all of the security personnel. In addition, the permitted number of visits from her doctor was reduced from three to one time per week. These alterations in her health and security situation caused an outcry from NLD and opposition members who feared that the SPDC was placing Aung San Suu Kyi’s life in danger. (Source: “Myanmar Junta Putting Aung San Suu Kyi’s Health, Safety at Risk,” AFP, 16 December 2004)

 

NLD Vice-Chairman U Tin Oo was detained in Kale Prison in Kale, Sagaing Division, until he was transferred to house arrest at his home in Rangoon on 14 February 2004. Approximately six security personnel were reportedly stationed outside his home, allowing only his family members to see him. Moreover, the authorities had reportedly cut his phone lines rendering communication and contact with the outside world highly austere. Like Aung San Suu Kyi, U Tin Oo was detained under Article 10 (a) of the 1975 State Protection Act. In early 2005, U Tin Oo was notified that his period of detention was extended for an additional year. (Sources: “Myanmar Opposition Figure Tin Oo Moved From Prison to House Arrest,” AP, 15 February 2004; "U Tin Oo Given One Year Extended Detention by Burma's SPDC," DVB, 15 February 2005)

 

Throughout 2004, arrests and sentencing related to the 30 May 2003 attack at Depayin continued. For example, on 5 August 2004, NLD members U Po Too from Kokkosu village and U Than Lone from Ywathigalev village, Mandalay Division, were arrested for throwing stones during the incident at Depayin on 30 May 2003. “Hired thugs” had reportedly been responsible for throwing stones during Aung San Suu Kyi’s visit to Singu, yet authorities blamed and detained four NLD members for the act. The four detained included U Sein Tun and U San Oo, who were sentenced to seven years in prison. U Po Too and U Than Lone had avoided arrest by fleeing from the area. Following the release of many who had been detained in conjunction with the Depayin Massacre, including U Sein Tun and U San Oo, the two returned home where they were caught. On 22 August 2004, a Mandalay court sentenced U Po Too and U Than Lone to seven years in prison. (Source: “Two Democracy League Members Sentenced to Seven Years Jail,” BBC, 22 August 2004)

 

In addition, on 9 April 2004, 11 NLD members who had been arrested in conjunction with the 30 May 2003 incident at Depayin were sentenced to prison terms ranging from seven to 22 years at a special tribunal in Aofoe Prison, Mandalay Division. The group was charged under Article 5(j) of the 1950 Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. Moreover, they were not permitted to have legal representation or assistance during their trials. The 11 NLD members and their sentences were:

1.      U Hla Saw of Mandalay, 17years; 
2.      U Myint Oo of Mandalay, 7 years; 
3.      Daw Nhin Pa Pa of Mandalay, 17 years; 
4.      Maung Aung Naing Thu of Mandalay, 12 years; 
5.      Ko Aung Aung of Mandalay, 7 years; 
6.      U Win Kyi of Mandalay (layway), 22 years; 
7.      Ko Thay Lwin Oo of Mandalay, 7 years; 
8.      U Than Win of Rangoon, 12 years; 
9.      Ko Ray Tun Min of Rangoon, 12 years; 
10.  U Tin Oo of Rangoon, 12 years; and 
11.  Ko Zaw Min Naing of Rangoon, 12 years.

(Source: “Long-Term Jail Sentenced to 11 NLD Members By Burma Military Government,” Narinjara News, 29 April 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, Universal Declaration of Human Rights.

 

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

 

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

 

- Article 11, Universal Declaration of Human Rights

 

Although remnants of the British-era legal system remain in place in Burma and laws exist protecting the rights of the accused, the court system and its operation remain highly flawed, particularly in political cases. The unstable political nature of the country along with the existence of broadly worded legislation often results in detention and unfair trials. The 1950 Emergency Provisions Act was enacted shortly after independence from the British and is believed to have been created in response to increased armed-resistance within the country following independence. Yet, the vague provisions of the law have allowed for the sentencing of numerous political prisoners who have spoken out against the authorities or State. Article 5(j) of this act allows for imprisonment for up to seven years if a person is believed to cause or intends to cause disruption to “the morality or the behaviour of a group of people or the general public, or to disrupt the security of the reconstruction of stability of the union.” The definition of disruptive behaviour is not provided. In 1975, the Burmese Socialist Program Party enacted the State Protection Law to protect the State from destructive elements. Article 10(a) of this act allows for an individual to be detained for up to three years without a trial. In addition, those who are detained under this act may also be held incommunicado or in solitary confinement. Moreover, under the same article, authorities can immediately extend a prisoner’s sentence as soon as it has been completed if the detainee is determined to be a continued threat to the State.

 

Throughout 2004, the SPDC continued to rule by decree and was not bound by any constitutional provisions for fair trials, due process or any other rights. While the SPDC reports that the law provides for the burden of proof to fall upon the prosecutors, this is reportedly not the case. Instead, most defendants are guilty until proven innocent. Political prisoners are frequently forced to sign false confessions or provide testimony towards their guilt during pre-trial detention or interrogation periods by military authorities, often reported to be personnel of the now disbanded MI. These confessions or evidence are often extracted through the use of torture. Political prisoners are usually denied the right to legal representation provided for under Section 340 of the Criminal Procedure Code. When legal counsel is permitted, rights to privacy, confidentiality and adequate preparation time are usually not provided. During the course of a trial, political defendants are usually denied their right under Article 208 of the Myanmar Criminal Procedure Code to cross-examine prosecution witnesses or to call witnesses in their defense. Trials are usually held behind closed doors as Article 352 of the Criminal Procedure Code grants the “presiding Judge or Magistrate” the power to limit public access to the court as they deem necessary. Political trials are frequently held in the Special Court in Insein Prison, Rangoon Division. As a result, political defendants are often cut off from their families and unable to obtain copies of the trial proceedings. Because political cases rarely receive copies of the court’s judgment or trial proceedings, they are unable to exercise their rights to appeal the court’s decision under Article 408, 409 and 410 of Chapter XXXI of the Criminal Procedure Code.  In addition, without a copy of the court’s judgment, political cases are unable to follow the procedure for appeals set out under Article 419 of the Criminal Procedure Code which requires the submission of a petition for appeal along with a copy of the court’s judgment. (Source: Myanmar: Justice On Trial, Amnesty International, 30 July 2003)

 

Lack of independence of the judiciary also contributes to unfair trials for political detainees. Supreme Court judges are chosen and appointed by the SPDC. In turn, these judges then choose lower level court judges with the approval of the SPDC. Yet, as judges are not protected with tenure under the Judiciary Law of 2000, they are vulnerable to arbitrary removal if their rulings do not coincide with the political motives of the government. Therefore, judges are rendered powerless to protect the rights of the oppressed, particularly in political cases where the MI reportedly dictated sentences to judges. According to some political prisoners, judges read their sentences from a letter or a piece of paper in their pocket. These sentences are often the maximum possible under the law. In cases where a political defendant receives more than one sentence, they are usually forced to serve them consecutively as opposed to concurrently. As a result, many political cases receive sentences of such length that death prior to completion is almost inevitable. (Sources: Myanmar: Justice on Trial, Amnesty International, 30 July 2003; Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005)

 

Conversely, criminal defendants have been able to exercise a degree of their rights to due process of law. Criminal defendants are reportedly able to meet with legal defense representatives 15 days prior to their trials in order to prepare their defense and can request a 15 day delay in trial for the same reason. They are able to cross-examine prosecution witnesses and call witnesses for their defense. Defense lawyers reportedly serve primarily to plea bargain for the briefest viable sentence for their clients. (Source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005)

 

Nine men accused of high treason and sentenced to death

 

On 28 November 2003, the North Rangoon District Court sentenced nine men to death for treason under section 122/1 of the Penal Code. The Court found the nine men guilty of conspiring to detonate bombs in five locations in Rangoon, planning to assassinate military leaders and contacting illegal organizations in exile. Those sentenced to death were: 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 Htwe alias Thet Zaw, the editor of a popular sports magazine entitled First Eleven. Zaw Thet Htwe was arrested on 17 July 2003 while the other eight men were arrested later in the same month. (Source: The Administration of Justice- Grave and Abiding Concerns, Amnesty International, 1 April 2004)

 

The trial was held in camera behind closed doors and many observers voiced concern that the trial proceedings were unfair. In March 2004, the Burma Lawyers Council (BLC), an exiled Burmese human rights and legal organization, reported that the trial was not conducted in accordance with proper trial procedures. The BLC cited various transgressions of proper trial procedures, including the submission of inadmissible evidence. For example, the prosecution submitted a list of items seized as evidence without exhibiting the actual items or a witness who was present when the items were allegedly seized. The prosecution also submitted written statements obtained by MI personnel as evidence, which is a violation of sections 24 and 28 of the Evidence Act.  In addition, none of the six witnesses examined were independent. The BLC further indicated that the “convictions were based entirely on statements taken by MI personnel and so there is a likelihood that they were obtained under extreme forms of duress.” Moreover, the BLC reported that there was no evidence provided to prove the charge of high treason. (Source: “Urgent Appeal by the Burma Lawyers’ Council on Behalf of Nine Innocent People Condemned to Die,” BLC, 9 March 2004)

 

Also in March 2004, the International Labor Organization (ILO) expressed strong concerns regarding the sentencing of Min Kyi, Aye Myint and Shwe Mahn, three of the nine sentenced. The ILO had received an unofficial copy of the court’s judgment which cited that the three men had communicated with the ILO regarding forced labor in Burma. In response, the ILO questioned the future of cooperation with the Burmese government in eliminating forced labor if communication with the ILO was determined to be an act of treason. On 12 March, the ILO submitted a letter to the Minister of Labor expressing these concerns. In addition, on 17 March, the ILO Liaison Officer met with the Minister of Labor to request both copies of the trial proceedings as well as access to the convicted men. During the meeting, the Minister of Labor indicated that contact with the ILO was not illegal and that the case necessitated review as the judge had made errors. After meeting with the three convicted men and reviewing the cases, the ILO reported that the charges were untenable and called for their release “pending a full review of the case.” The ILO also questioned the investigation and trial proceedings. (Source: The Administration of Justice: Grave and Abiding Concerns, Amnesty International, 1 April 2004)

 

Many observers contend that pressure from the ILO and other international human rights advocates was successful in prompting the Burmese authorities to alter the sentences of the nine men. Aside from the ILO, several human rights advocates had objected to the sentence of Zaw Thet Htwe and several others as many observed that their sentences were solely based upon communication with exiled political opposition organizations. On 12 May 2004, the Supreme Court commuted the sentences of four of the nine men from death to three years in prison. The four persons included Zaw Thet Htwe, Min Kyi, Aye Myint and Zaw Myo Htet. The Court also changed the sentences of the remaining five men, including Shwe Mahn, from death to life imprisonment (source: “Sports Journalist Zaw Thet Htwe Has Death Sentence Commuted,” RSF, 18 May 2004). In late September, the Special Appellate Bench of the Supreme Court ruled to allow eight of the nine men to appeal their sentences. This was the first time the Supreme Court had allowed an appeal for a treason case (source: “Myanmar Supreme Court Allows “Unprecedented” Appeal,” Reuters, 23 September 2004). Finally, on 14 October, the Supreme Court reduced the sentences of five men. The sentences of four men, including Zaw Thet Htwe, were reduced from three years to two years in prison while one man’s sentence was reduced from life to five years in prison. The remaining four of the nine did not receive any reduction in their life sentences (sources: “Jail Terms Cut of Five Myanmar Men Formerly on Death Row for Treason,” AFP, 15 October 2004; Burma Briefing: Issues and Concerns Volume 1, ALTSEAN, November 2004).

 

3.4 Life of Prisoners

 

Of the 39 prisons in Burma, 20 detain political prisoners. Both criminal and political prisoners endure prison environments which both violate their human dignity and threaten their physical well-being. Conditions of detention in prison remain deplorable and fall far short of 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. In fact, conditions of detention fall short of established laws in Burma, such as those enshrined in the Union of Myanmar Prison Manual. Furthermore, political prisoners are often subjected to extra prohibitive and repressive measures not mentioned in the Prison Manual. For example, theoretically every prisoner has the right to parole. Chapter 11, Article 59(5) of the Union of Myanmar Prison Manual states: "A prisoner who has acted in accordance with prison regulation has the right to parole at least 60, 70 or 90 days a year." In reality, however, political prisoners are almost always denied this right.

 

Prison conditions in Burma constitute cruel, inhuman and degrading treatment and are a danger to the health of prisoners, frequently causing sickness. Three to four prisoners are kept in a small cell measuring 8 by 12 feet (2.6 by 3 meters) for more than 20 hours per day. Prisoners often must eat, sleep and defecate inside the cell, making conditions extremely unsanitary. According the U.S. Department of State, food, clothing and supplies were in short supply in prisons in Burma during 2004 (source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005). Prisoners were provided with one mat for sleeping but did not always receive a mosquito net, making them vulnerable to disease and sickness transmitted by insects. Prisoners have reported inadequate provisions to contend with cold weather at prisons located in temperate areas. Prisoners are fed small portions of poor quality rice with bean or vegetable soup and fish paste, sometimes supplemented with a small piece of fish once a week. Former prisoners have reported that the food had little to no nutritional value and was often rotten or filled with rubbish and stones.

 

Prisoners are provided with inadequate healthcare in violation of sections 22 through 26 of the Standard Minimum Rules for the Treatment of All Prisoners. In early 2003, the Director General of the Prisoner Department and the Medical Officer reported to representatives of Amnesty International that all prisoners received free and equal access to medical care. Yet, most reports from prisons indicate that prisoners receive minimal to no medical care unless a medical condition has reached a critical stage. Several former political prisoners have reported that they only received outdated medicines for a myriad of conditions. The most common diseases and ailments among prisoners are those caused by the poor sanitation, unclean and partially cooked food and restrictions on water usage found in all prisons. These ailments include gastrointestinal diseases, jaundice, tuberculosis and skin diseases. Moreover, HIV/AIDS infection rates have reportedly increased “due to communal use of single syringes for injections and sexual abuse by other prisoners.” In 2004, the International Committee of the Red Cross (ICRC) reported the formation of a central medical service for prisoners established by a joint working group comprised of the ICRC, the Department of Prisons and the Ministry of Health. The service was to be staffed by personnel from the Ministry of Health and those trained by the ICRC. Despite the reported formation of this centralized service, there were no overt changes reported in the condition of medical care in prisons during 2004. (Source: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005)

 

According to paragraph 670(6) of Burma’s Prison Manual, prisoners “may be allowed the use of books from the jail library, and also to read books and magazines from outside (purchased at their own expense), subject to the approval of the Superintendent." Despite the provisions for access to reading materials in the law, political prisoners have frequently been denied this right. In 1999, restrictions were eased and prisoners were permitted to read religious books and some periodicals in prison. However, authorities continued to frequently withhold religious books or other reading materials for extended periods of time in order to censor them. Prisoners who have received religious books from family members outside of prison have reported waiting weeks to months for the authorities’ approval or rejection. Some political prisoners have reported reading bits of newspaper salvaged from smoked cheroot (Burmese cigars) filter castes in the rubbish as a method of obtaining any small amount of information about the outside world. (Source: AAPP, 2004)

 

Political prisoners are also usually denied their right to writing under paragraph 670(8) of the Jail Manual which states that prisoners “may be allowed to write and receive one letter, once a fortnight.” Political prisoners are not permitted to maintain written communication with their families. Moreover, political prisoners found in possession of a writing device and/or paper have reportedly been punished severely with beatings, solitary confinement or other methods. Most prisoners rely on delegates of the ICRC to carry and deliver letters to and from their families.

 

Family visits are permitted every two weeks for most political prisoners, although these usually do not transpire without monitoring. Once sentenced, visits are permitted to last for 15 minutes and prisoners have reported being instructed to focus their conversations on family issues and not to speak about prison conditions or political matters. Yet, as a method of punishment and psychological torture, political prisoners are often placed in prisons in remote locations or at considerable distances from their place of origin or residence of their families. In turn, visits become extremely costly, time consuming and difficult for a prisoner’s family. Detention of a prisoner in distant or remote locations from his or her place of origin is in contravention of Principle 20 of the UN Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, which states: “If a detained or imprisoned person so requests, he shall if possible be kept in a place of detention or imprisonment reasonably near his usual place of residence.” Without regular family visits, prisoners’ ability to procure necessary medicine, food and other supplies for survival from family members is severely compromised. Moreover, prisoners are prohibited from receiving visitors until they have been sentenced, despite the fact that many political cases are detained for extended periods of time prior to sentencing.

 

Prisoners who have complained or protested the harsh and unsuitable conditions of life in prison have received brutal treatment as penalty. Punishments have included beatings, reduction of food rations, solitary confinement or confinement in a cell designed for kenneling dogs, shackling, or transfer to remote prisons. (Source: Facing Political Imprisonment: Prisoners of Concern to Amnesty International, Amnesty International, 1 December 2004)

 

In 1999, the ICRC commenced monitoring visits of the prisons and labor camps in Burma. Throughout 2004, ICRC delegates continued to conduct these visits and were not hindered by the government in engaging in their normal activities, such as providing medicine and delivering letters. The ICRC contends that their visits and monitoring have helped to improve prison conditions. In April 2003, ICRC’s chief delegate in Burma, Michel Ducraux, stated, “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” (source: Lisa Schlein, "Red Cross Claims Positive Impact on Burma Human Rights Conditions," VOA, 7 April 2003). Conversely, many former political prisoners have indicated that advanced notice allowed prison authorities to temporarily improve conditions during an ICRC delegation visit. While some improvements following ICRC visits have been reported in terms of food quality, ability to leave cells and some aspects of sanitation, overall prison conditions remained deplorable throughout 2004. 

 

Women Prisoners

 

Like male prisoners, women prisoners are not spared from torture, beatings, inadequate food and lack of medical care. Unlike male prisoners, women also fear the overt threats of sexual harassment and assault during the interrogation and detention periods. Moreover, some women have been detained in the same cells as men, creating another environment for potential sexual assault. In addition, women face particular hardships due to their sex. Prison authorities do not provide any sanitary provisions for women during menstruation. Some former political prisoners have reported not having extra clothing items such as underwear or sarongs to wear while washing soiled ones during their menstruation. Women must rely on either their families or other prisoners in order to obtain necessary sanitary items for menstruation. Women who are arrested and imprisoned during pregnancy also suffer from the lack of pre-natal care. Women who give birth while in prison frequently are not allowed the assistance of a doctor and must rely on the assistance of other prisoners who may possess minimal to no skills at all. Lack of skilled physicians or birthing assistants has often resulted in adverse health effects for both mother and child. Moreover, mothers must care for their babies within the same unsanitary and restrictive conditions. Therefore, children and mothers alike suffer, leading to both sickness and in some cases, death. (Please see chapter on children for more information.)

 

Myaung Mya Prison Uprising

 

Approximately 1,000 prisoners, at least 65 of whom are political prisoners, are held in Myaung Mya Prison located in Irrawaddy Division in lower Burma, 170 miles from Rangoon (source: AAPP, 2003). On 18 August 2003, prisoners in Myaung Mya Prison demonstrated outside of their cells to demand their basic human rights. Prison authorities and military personnel on the scene fired warning shots at the demonstrating prisoners. Following this, Chief Director of the Prison Department Ba Myint went to Myaung Mya Prison to look into the event. He indicated that the prisoner participants would not be punished and that he believed the authorities’ behavior and misrule were to blame for the uprising. Irrawaddy Divisional Director Win Myint, one of the main prison authorities, was well known for his cruelty and lack of concern for the wellbeing of prisoners. In response to the uprising, several prison authorities were replaced while Win Myint remained and problems persisted. On 21 September 2003, Ba Myint, Win Myint, jailors and wardens led a raid on prisoners who had participated in the demonstrations. The prisoner participants were beaten for the entire day and all other prisoners were also subject to beatings. On 23 September 2003, 85 prisoners and prison staff were transferred. Win Myint also sanctioned further incidents of abuse, torture and inhumane treatment through the end of 2003. During 2004, incidents of inhumane treatment resulting from the leadership of Win Myint persisted. Some prison staff have reportedly indicated that Win Myint is both rude and harsh in his treatment of prisoners and staff. Moreover, he reportedly has little to no concern for the state of prisoners’ health.

 

On 24 March 2004, prisoner Zin Bo from special cellblock 3 complained of inadequate amounts of drinking water. As a result, Warden Chit Ngwe took Zin Bo to the Myaung Mya Prison main jail where he beat Zin Bo for being rude to the authorities. Officer Ngwe Paw also shackled and punched Zin Bo.

 

On 4 April 2004, prison authorities ordered the prisoners to take a bath in the afternoon under the burning hot sun. As a result, political prisoner Yi Mon vomited and almost fainted. After examining him, a doctor concluded that Yi Mon had heart disease. However, he did not prescribe any medication for his condition.

 

On 18 April 2004, political prisoner Aung Myo Tint experienced dizziness after having a bath and informed the prison authorities. The prison doctor finally examined him 18 hours after he had told the authorities. The doctor diagnosed Aung Myo Tint with coronary heart disease. As the doctor provided no medicine for his condition, Aung Myo Tint was reliant upon what medicine his family could bring to him. In addition, prisoners Aung Naing Zaw, Kyaw Sein, Ye Min and Zaw Htoo were suffering from hypertension, prisoner Sarkalay was suffering from lung disease and Phone Thet Naing from spondylitics. As all of these prisoners were in poor health, they requested not to take baths under the extreme sun of the hottest part of the day. The prison authorities denied their request.

 

On 22 April 2004, 100 elderly female prisoners were transferred from Insein Prison to Myaung Mya Prison. As a result, Myaung Mya Prison became overcrowded.

 

On 26 April 2004, political prisoner Daun Mon died of an aneurysm after bathing.  (Source: “New Leadership Brings New Abuses Following Uprising at Myaung Mya Prison,” AAPP, 20 June 2004)

 

3.5 Monks in Prison

 

“Regarding the long prison terms, as long as there is no political stability these things will occur. If there is no political change, there will always be unrest instigated either by the monks or the students. Well, the monks are born of the people, so the monks and the people rely on each other. The lay people revere and venerate the monks while the monks on the other hand rely on the people for the propagation of the faith. As the monks themselves are suffering under the burden of politics, it is impossible for the monks to be separated from politics. They will always be associated.”

 

– Unidentified Abbot from Magwe Division following the sentencing of 26 monks to long term imprisonment. (Source:  “Burmese Opposition Radio Reports 26 Monks Jailed for Refusing Generals,” BBC Monitor & DVB, 29 March 2004)

 

The majority of the population of Burma is Buddhist. Thus, monks and monasteries have played an integral and respected role in education and village life throughout the history of the country. By the nature of Buddhist laws, monks have continually played a supportive role for common people enduring hardships, as monks are unable to practice the teachings of Buddha in an unstable environment. Because monks are in daily contact with the people through religious ceremonies and ritual, they have frequently come to know and represent the wishes of the community as various political movements have transpired since the time of British colonization of Burma. (Please see chapter on religion for more information.)

 

During the 1988 pro-democracy uprising, monks actively participated. Approximately 600 monks were killed during August and September of that year as the military attempted to overcome the protesting masses. In 1990, on the two-year anniversary of the ‘88 uprising, approximately 7,000 monks walked through the streets of Rangoon accepting alms from the people in honor of those who died in the uprising. In response, the armed forces cracked down on them, resulting in the death of two monks, the disappearance of one novice, and the injury of several others. In reaction to the military’s actions, the Monks’ Union (Sangha Samaggi) of Mandalay, led by Ven. Yewata, gathered and unanimously declared pattam nikkujjana kamma or “over turning the bowls” in which monks refused to accept offerings from or perform ceremonies for members of the military or their families. While the boycott commenced in Mandalay, it quickly spread throughout the country. Despite the military regime’s demands for the monks to desist, they cannot do so unless all monks who gathered to declare the boycott reassembled and agreed to cease.

 

Successive military regimes have attempted to ally themselves with Buddhism as a method of obtaining legitimacy in the eyes of the majority Buddhist population. Therefore, monks’ participation in anti-government political activities, such as the “overturning the bowls”, was particularly threatening. Following the commencement of the boycott in 1990, the State Law and Order Restoration Council (SLORC), the regime at the time, enacted several laws aimed to dictate proper conduct, association and activities of monks. On 20 October 1990, the SLORC enacted Order 6/90 prohibiting all Sangha organizations aside from the nine sects approved by General Ne Win’s 1980 campaign to cleanse the Sangha. On 21 October 1990, the SLORC issued Order 7/90 granting military officials the power to bring monks before military tribunals if determined to be behaving in a manner “inconsistent with and detrimental to Buddhism.” In these tribunals, monks could be forcibly disrobed for participation in boycotts and demonstrations. In addition, monks were subject to punishments, including imprisonment for three years or the death penalty. On 30 October 1990, the State released a code of conduct for Buddhist monks. And, on 31 October 1990, the SLORC passed Order 20/90, also known as the Sangha Organization Law, regarded as a gross intrusion of the State in Sangha affairs. Monks and novices found in violation of the law may be subject to criminal penalization. Monks have also been sentenced under Article 5(j) of the 1950 Emergency Provisions Act, charged with threatening the stability of the State. Therefore, government personnel have long arrested monks suspected of political involvement and subjected them to the same harsh treatment as political or criminal prisoners. In November 2004, the Assistance Association for Political Prisoners (AAPP) reported that at least 300 monks and novices were incarcerated in the prisons and prison labor camps of Burma. (Source: Burma: A Land Where Buddhist Monks Are Disrobed and Detained in Dungeons, AAPP, November 2004)

 

Once in the custody of authorities, monks are forcibly disrobed and made to wear regular prisoner uniforms. Monks who have refused to disrobe have been severely beaten by prison authorities. Some monks have been ordered to defrock, which would strip them of their monkhood. Yet, a monk may only be defrocked by his own initiative; disrobing does not defrock a monk. In addition, dressed as regular prisoners, authorities treat them as common criminals and not with the respect due to monks. Prison personnel have been reported to slap monks’ bald heads and call them “ka-done,” which means “baldy”. In addition, monks who have been imprisoned under the Criminal Code are treated as criminals and often sent to serve time in labor camps or to serve as porters for the military. Many monks have died in prison labor camps due to the hard work, poor quality food, extreme conditions and inadequate medical care. Only those who are sentenced under Article 5(j) of the Emergency Provisions Act are exempted from the labor camps. (Source: Burma: A Land Where Buddhist Monks Are Disrobed and Detained in Dungeons, AAPP, November 2004)

 

26 monks sentenced for not accepting alms from the military authorities

 

On 19 January 2004, 26 monks from Gandayone monastery were each sentenced to 18 years imprisonment by the Insein Prison court. The group consisted of 25 novices and Ashin Sandazawthi, a leader monk. The 26 monks had been part of a group of 100 monks who were arrested in December 2003 following their refusal to accept alms or donations from the military authorities during the October and November Kathin festival. News of their sentencing did not reach their families until late March, around which time several novices had already been transferred to Tharawaddy Prison while some remained in Insein. (Sources: “Burmese Opposition Radio Reports 26 Monks Jailed for Refusing Generals’ Alms,” DVB, 29 March 2004; Burma: A Land Where Buddhist Monks Are Disrobed and Detained in Dungeons, AAPP, November 2004)

 

 

3.6 Political Prisoners — a few profiles

 

Name:                          Aye Aung

Occupation:                  University Student, 2nd year (Physics)

Age:                             35

Address:                       Thingangyun, Rangoon Division

Law Violation:              Article 5(j) of the 1950 Emergency Provisions Act, 17/1 of the

Unlawful Associations Act

Sentence:                      45 years imprisonment

Date of Sentence:           15 January 1999

Prison:                          Kale Prison

 

Ko Aye Aung attended Dagon University in 1996 as a second year student majoring in Physics.  He was involved in the Establishing Committee of the Dagon Student Union which was secretly set up in October 1996.  He was responsible for the propaganda for and organization of this committee. He actively participated in the December 1996 student demonstrations by leading the Dagon student demonstration on 9 December 1996. After the demonstrations, he participated in organizing Dagon University students to set up the Dagon University Student Union.  He was elected as the third in-charge of the information committee of the student union. In 1997, the Military Intelligence cracked down on Dagon University student activities and arrested 11 students.  Many other students, including Ko Aye Aung, were able to evade arrest.  At that time, he tried to contact other student union groups. He was assigned to reorganize the separated executive committee members of the Dagon Student Union. He worked very hard to accomplish his duties.  Later, he became a member of the organizing committee of the student union. In 1997, the Central Organizing Committee decided to create "Universities and Colleges Reopening Movements" and Ko Aye Aung was assigned to carry out these activities. He organized students and distributed statements for this purpose.

 

In 1998, Ko Aye Aung played an important role in the student movement led by Myo Min Zaw. He energetically participated in the 1998 August and September student demonstrations with Myo Min Zaw.  Due to his activities, Ko Aye Aung was arrested by Military Intelligence on 15 January 1999. He was sentenced to 14 years imprisonment under Article 5(j) of the 1950 Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. His combined sentence amounted to 45 years in prison. At the time of this report, he was serving his sentence at Kale Prison. (Source: AAPP, 2005)  

 

Name:                          Aye Kyu aka Monywa Aung Shin

Occupation:                  Translator, poet, writer, member of NLD Sagaing Division

Address:                       Monywa, Sagaing Division

Law Violation:              Article 5(j) of the 1950 Emergency Provisions Act, Section 17/20 of the Printers and Publishers Act

Sentence:                     14 years under current sentence

Prison:                          Insein

 

U Aye Kyu was born to U Phoe Win and Daw Kyin Sein. As an active member of the NLD Magwe Branch, he has been detained twice. His first sentence was from 13 December 1967 to 7 March 1970, and his second sentence was from 5 February 1990 to 16 March 1990. He was released from his second sentence when his spouse passed away.

 

He earned his living by translating short stories and writing poems for monthly magazines, such as the Guita Padata, Moe Wai, Sbai Phyu, Pan and Sar Maw Kun. He did all his writing under the pseudonym Monywa Aung Shin. Because he was an active and high-ranking member of the NLD Sagaing Division branch, the regime frequently censored his writing.

 

In an NLD statement dated 12 September 2000, he requested the release of Aung San Suu Kyi and other CEC members who were under house arrest. The statement also called for the authorities to allow the Headquarters and Rangoon Division Branch to reopen. In addition, the statement denounced the unlawful actions of the SPDC and called for an urgent tripartite dialogue between the government, NLD and ethnic groups. On 23 December 2002, the Criminal Court of Justice in the Insein Prison compound sentenced him to 14 years imprisonment under Article 5(j) of the Emergency Provisions Act and Section 17/20 of the Printers and Publishers Act. As of the time of this report, he was serving his sentence in Insein Prison. (Source: AAPP, 2005)

 

Name:                          Kyaw Min Yu aka Jimmy

Occupation:                  Student, DPNS Central Committee Member

Address:                       Hlaing Township, Rangoon Division

Law Violation:              5(j) and 5(e) of the Emergency Provisions 1950 Act, Section 3

Sentence:                      20 years initially, 12 years added

Prison:                          Thayawaddy

 

Kyaw Min was born to U Tin Yu and Daw Ah Mar Nyunt. In 1986, he attended Rangoon University (Hlaing Campus), majoring in Physics. He participated in the March and June student demonstrations as a student leader following the death of Phone Maw, who had attended the Rangoon Institute of Technology, and the arrests of many students in previous student demonstrations. During the 1988 uprising, he led many campaigns and after the 1988 uprising, he became a member of the central committee of the Democratic Party for a New Society (DPNS) students’ party. At the same time, he became an organizer for DPNS (central).

 

Under the SLORC, he was arrested in 1989 and detained under Article 10(a) of the State Protection Act. After 6 months of detention he was sentenced to 20 years imprisonment with hard labor under Section 3(b) for trying to incite unrest. During his prison term, on 18 September 1990, many political prisoners held a hunger strike in order to be allowed to read political books. Kyaw Min participated in this strike. On 25 September 1990, he was seriously tortured as a result of his participation.

 

In 1991, a delegation from Amnesty International visited and investigated Insein Prison. At that time, Kyaw Min Yu and some other political prisoners tried to relate the dire situation of political prisoners to the delegation by using connections outside the prison. In 1994, he was moved from Insein to Thayawaddy Prison. In 1995, Military Intelligence transferred him back to Insein Prison from Thayawaddy. Having been sent to Insein Prison, he was again sentenced to 12 years imprisonment with hard labor because of contacting the UN Commission on Human Rights. After his prison term was extended, he was sent to Thayawaddy Prison again. As of the time of this report, he should have been released according to the SPDC’s prison policy. Yet, he remained in detention in Thayawaddy Prison. (Source: AAPP, 2005)

 

Name:                          Myo Min Zaw

Occupation:                  Student

Address:                       Bahan Township, Rangoon Division

Law Violation:              Article 5(j) of the 1950 Emergency Provisions Act, Section 17/20 of the Printers and Publishers Act

Sentence:                      38 years, additional 14 years, total of 52 years imprisonment    

Prison:                          Mandalay Prison

 

Myo Min Zaw was born in 1976.  In 1988, he was 22 years old and was attending the University of Rangoon (Hlaing Campus) as a second year student, majoring in English.  On 14 September 1998, he was arrested while meeting with other student activists somewhere in Kyanktada Township, Rangoon Division.

 

He organized and participated in non-violent student demonstrations in December 1996 and in June and September 1998. He was also involved in the student movement by distributing written statements among the public- particularly among students.  He was an active organizer in pro-democracy demonstrations during 1998 through two student union groups. The first group was the All Burma Federation of Student Unions (ABFSU) and the second was the Student and Youth Union Front (SYUF).  One of his statements mentioned that the students supported the National League for Democracy – who won the majority of parliamentary seats in the democratic elections of May 1990 - and other parties. In the statements, the students further demanded that the Burmese military regime (SPDC) allow these parties to convene.  They also demanded that the authorities give freedom to student unions and student movements, and to give civil and political rights to the people of Burma.

 

In October 1998, Military Intelligence arrested him as a result of his political activities. He was initially sentenced to a term of 38 years in prison. Whilst in prison, he was handed an additional 14 year sentence, increasing the term of imprisonment to 52 years in total. At the time of this report, he was serving his sentence at Mandalay Prison. (Source: AAPP, 2005)

 

3.7 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 were in need of urgent healthcare (source: AAPP, 6 March 2004). Yet, on 5 October 2004, AAPP reported that within the six months following the March information release, the number of political prisoners in poor health had nearly doubled (source: AAPP, 5 October 2004). Prevalent health conditions among political prisoners included amoebic hepatitis, anemia, depression, diabetes, diarrhea, dysentery, gastric ulcers, heart attack, HIV/AIDS, hypertension, impairment of vision, malaria, piles, skin infections and stroke. Occurrence of health problems are exacerbated and recovery protracted by the overcrowded and unsanitary living conditions inside prisons, malnutrition from inadequate and poor quality food, torture and/or beatings and prolonged imprisonment. Prior to being disbanded, the MI controlled political prisoners’ access to medical services. Medical care is frequently inadequate if at all provided. Lack of medicine, improper diagnosis, and insufficient or unskilled medical personnel and equipment all contribute to the continuing deterioration of prisoners’ health.

 

Prisoners Suffering from Health Problems - Partial List for 2004

 

Aung Kyaw Oo

 

Aung Kyaw Oo, a political prisoner in Thayarwaddy Prison, was arrested in December 1991 and sentenced to 12 years imprisonment. When the then SLORC issued order 1/93 in 1993, his sentence was reduced to 10 years. However, he was sentenced to an additional 7 years when he collaborated with 23 other political prisoners to prepare and submit a report reflecting the situation of human rights in Insein Prison to the UN Special Rapporteur for Human Rights in Burma. In late August 2004, Aung Kyaw Oo was sent to the guarded-ward of Rangoon General Hospital to receive medical attention for liver and kidney problems. According to Zaw Htun, a former political prisoner who had been arrested alongside Aung Kyaw Oo, his liver and kidney problems were the result of lack of treatment for malaria. (Source: AAPP, 28 August 2004)

 

Dr. Maung Maung Kyaw

 

Dr. Maung Muang Kyaw, age 78, was arrested for collaborating in writing about student activists in Burma and about being the chairman of a student union in the 1950s.  He was sentenced to seven years imprisonment under Article 5(j) of the 1950 Emergency Provisions Act and has been held at Moulmein Prison in Mon State. Dr Maung Maung Kyaw’s health has been deteriorating as he has reportedly been suffering from breathing problems, diabetes and heart disease. At the end of March, he reportedly requested permission to seek medical treatment. As of the time his case was reported on 1 April, the authorities had neither replied nor taken any action to ameliorate his health conditions. (Source: “Dr. Maung Maung Kyaw’s Health Condition,” DVB, 1 April 2004)

 

Dr Zaw Myint Maung

 

Dr Zaw Myint Maung was born on 11 December 1951 and originally from Amarapura, Mandalay. In the 1990 general elections, he was elected as a Member of Parliament for Amarapura constituency. He was arrested in November of the same year for attending meetings regarding the formation of a provisional government. He was sentenced to 25 years imprisonment under Article 122/1 of the Penal Code on 30 April 1991. On 27 November 1991, the Election Commission dismissed him from Parliament and banned him from running for a position in future elections.  While he was serving his sentence in Insein Prison in March 1996, an additional 7 years was added to his sentence under Article 5(e) of the 1950 Emergency Provisions Act. He and other political prisoners had been charged on the basis of having produced a magazine commemorating the 75th anniversary of Rangoon University. The magazine was called New Blood Wave. He was also sentenced to another 7 years under Section 17/20 of the Printers and Publishers Act. At the time of this report, he was serving his sentence in Myintkyina Prison. In addition, AAPP reported that he was suffering from low blood pressure and had many unidentified black spots on his face. (Source: AAPP, February 2005)

 

 Htay Kywe

 

Htay Kywe was a prominent student leader who was arrested in 1991 and sentenced to 15 years in prison. When the then SLORC issued order 1/93 in 1993, his sentence was reduced to 10 years. However, when he completed this sentence, he was not released. Instead, he was held and his sentence was extended under Section 10(a) of the 1975 State Protection Act. As he was suffering from abdominal pain, he was sent to Tharawaddy Hospital on 24 February 2004 for emergency surgery for an appendectomy. During the operation, the anesthesiologist administered an excessive dose of anesthetic causing him to fall unconscious and foam at the month through to the following day. The AAPP reported that the hospital did not have electricity, proper tools for the operation, adequate medicines or other basic items. The hospital conditions contributed to the further deterioration of Htay Kywe’s health and he reportedly suffered from excessive pain. Following appeals by his family to military authorities, Htay Kywe was transferred to the Intensive Care Unit at Insein General Hospital in Rangoon (source: AAPP, 5 March 2004). On 15 March 2004, he was sent to Insein Prison. According to his sister, Mi Mi Kywe, he was sent back to prison before his stitches had fully healed. In addition, his sister reported that he was unable to walk or eat properly. When she attempted to give him soft rice, prison authorities indicated that Htay Kywe was only allowed to eat prison rice as he was a prisoner. She was also unable to give him blankets, pillows and other supplies (source: “My Father is Dead, My Other Brother is Dead, And My Mother Is Dying of Cancer, Please Release My Brother,” DVB, 16 March 2004).

 

Khin Khin Lei

 

Khin Khin Lei, a teacher, was arrested in her early 30s, along with her three-year-old daughter, Thaint Wunna Khin.  She is married to Kyaw Wanna, a noted political activist and member of the All Burma Federation of Student Unions, a leading organization in the peaceful political opposition. When the Burmese authorities were unable to locate and arrest Kyaw Wanna for his role in planning a peaceful demonstration, they arrested his wife and daughter instead on 3 December 1999.  While her daughter was released, Khin Khin Lei was sentenced to life imprisonment under Article 5(j) of the 1950 Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. In 2004, she was suffering from an unspecified lung problem and it was not known whether or not she was receiving medical care. At the time of this report, she was serving her sentence in Insein Prison. (Source: AAPP, 2005)

 

Ko Nay Lin Soe

 

Ko Nay Lin Soe was arrested and sentenced to five years in Insein Prison under Article 5(j) of the 1950 Emergency Provisions Act in 1989. Later, he was transferred to Tharawaddy Prison. In 1998, he was arrested again and sentenced to 14 years imprisonment in Insein Prison under the same Act. In 2002, he was transferred to Kale Prison where he suffered from a chronic fever and requested that he be sent to a hospital for medical treatment. The prison authorities denied his request. As a result, he banged his head against the wall of his cell and sustained internal head injuries. On another occasion, Ko Nay Lin Soe attempted to commit suicide by slitting his wrists and banging his head against his cell walls afterwhich he was sent to Kale Hospital. Ko Nay Lin Soe was reportedly suffering from depression. As Kale Prison is far from where his family lives, they are unable to come and visit him. His family requested that military authorities transfer Ko Nay Lin Soe to either Mandalay or Insein Prisons where they would be able to monitor his condition with greater ease (source: AAPP, 7 May 2004). On 9 May 2004, he was transferred to Mandalay Prison but was not provided with any medical attention. On 12 May, one of his family members visited him in Mandalay Prison. He reportedly could not eat, walk, or talk. As a result, his family appealed to the authorities to be able to provide him with medical care at their own cost. As of the time AAPP reported his case on 14 May 2004, the authorities had not yet to reply to their appeals. (Source: AAPP, 14 May 2004)

 

Ko Than Zaw

 

Ko Than Zaw was from Thanlmyin Township, Rangoon Division, and was the organizer of the Youth Wing (NLD-Tanyin Branch). He was wrongfully arrested and sentenced to death in 1989 by the MI. He was arrested on 7 July 1989 by MI under the suspicion of participating in the explosion of the Tanyin Petroleum Factory. He was given the death penalty with Nyi Nyi Oo and Moe Kyaw Thu under Sections 122/1, 302/1 and 6/3/34. Several months after they had been sentenced, Ko Ko Naing and other people who were responsible for the explosion were arrested and sentenced to death. Nevertheless, Thant Zaw and the other two who were wrongly sentenced were not released. As of February 2005, Thant Zaw was serving his sentence at Thayet Prison. He was suffering from swelling all over his body, which was a result of the torture he endured while he was being investigated. He was also suffering from eye problems and general bad health. (Source: AAPP, February 2005)

 

Ko Thet Win Aung

Thet Win Aung took part in the 1988 pro-democracy movement as one of the leading members of his high school student union, Tarmwe Township. In 1989, he was elected as the vice general secretary of the Basic Education Student Union (BESU). He was dismissed from his school for his political involvement in student demonstrations and later jailed for 9 months for aiding in forming the Student Union. In 1994, the MI tried to arrest him again because he published ABFSU pamphlets and organized student demonstrations to commemorate the 32nd anniversary of the 7 July Affair (In 1962, the military regime killed hundreds of university students by dynamiting the student union building at Rangoon University.). Although he escaped, his home was frequently searched and his family was constantly harassed while he was on the run. In 1996, he participated behind the scenes in the student demonstrations. In 1998, he assisted in organizing student protests against the poor quality of education and students’ rights. In 1998, he was also arrested. In October of that year, he was sentenced to 52 years imprisonment, which was increased to 60 years. At first, he was detained in Kale Prison, Sagaing Division, and then transferred to Mandalay Prison. According to the AAPP, he was suffering from serious mental conditions and malaria at the beginning of 2005. (Source: AAPP, February 2005)

 

Ko Tin Aye

 

Ko Tin Aye was arrested in 1989 and sentenced to 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. Instead, his sentence was extended under Section 10(a) of the 1975 State Protection Act. In March 2004, it was reported that he had also been 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 sentenced to 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. Moreover, AAPP expressed concern that their lives might be in danger due to lack of adequate facilities in the hospital. (Source: AAPP, 6 March 2004)

 

Nay Oo

 

Nay Oo is an organizer for the NLD, Thingangyung Township. Because of his participation in the NLD, he was arrested for the first time in 1990 for three weeks. In 1998, he was arrested again and accused of making copies of a students’ statement and giving one to Aung San Suu Kyi and to U Tin Oo. In February 1998, he was sentenced to 14 years in prison under Article 5(j) of the 1950 Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. In 2002 and 2003, MI tried to persuade him to sign a Section 401 form in order to be release, he refused to sign it. He was serving his sentence in Kale Prison in harsh conditions. In the beginning of 2005, AAPP reported that Nay Oo was suffering from mental illness which was a result of torture and malnutrition. (Source: AAPP, February 2005)

 

Nay Tin Myint

 

Nay Tin Myint, a member of "Tri-color," was actively involved in the 1988 uprising.  In 1989, he was detained and sentenced to 3 years imprisonment with hard labor by the martial court. He served his sentenced in Myingyan Prison where he was placed in solitary confinement with iron shackles for the duration of his time there. In 1992, he was released and subsequently continued to participate in political activities. In 1993, he was detained again. He was sentenced to 20 years in prison with hard labor for meeting with UN Commission for Human Rights representatives and for handing out the New Era Journal, which is published by pro-democracy groups in exile. He was sentenced under Article 5(j) of the 1950 Emergency Provisions Act, Section 17/20 of the Printers and Publishers Act and Section 17/1 of the Unlawful Associations Act. He was suffering from muscle cramps, swelling of the right leg and vomited blood on a regular basis.  Although the jail authorities knew about his declining health, all treatment had been denied.  His situation was, therefore, deteriorating. (Source: AAPP, 2005)

 

Saw Bin Son

 

Saw Bin Son was a member of the Karen National Union (KNU). He was arrested on 6 April 1983 at Pegu Yoma. On 28 September 1984, he was sentenced to death under Section 122/1 of the Penal Code. While he was serving time in prison, the regime issued a series of amnesties in 1989, 1992, 1993, and 1997. However, his sentence was only affected by the 1989 amnesty, which allowed for his sentenced to be commuted from death to 25 years imprisonment. As of the end of 2004, he had been in prison for nearly 21 years. He was reportedly suffering from tuberculosis as well as eye and liver problems. In 2003, he was transferred from Thayet Prison to Insein Prison but he has never received adequate medical treatment. In early 2005, the AAPP reported that Saw Bin Son’s condition was critical. (Source: AAPP, February 2005)

 

Than Lwin aka Anaing

 

Than Lwin, from Thirimalar in Ye Township, Tenasserim Division, was a member of the NLD. In 1999, he was accused of having contact with illegal organizations along the Thai-Burma border. On 7 April 1999, he was sentenced to 10 years in prison under Article 5(j) of the 1950 Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. He was serving time in Moulmein Prison. According to AAPP, his health condition has continually deteriorated and has reached a critical state as he has not received any proper medical attention. (Source: AAPP, 2005)

 

U Htway Myint

 

U Htway Myint was the vice-chairman of the Democracy Party. He has been held in Insein Prison under Article 10(a) of the 1975 State Protection Act. His health has continually deteriorated and in August 2004, he could not eat. Representatives from the ICRC visited him in prison and reported that he was also unable to speak. Amnesty International argued that U Htway Myint should be released on the grounds that he was too old and ill to endure the conditions and treatment in prison. As of the time his case was reported in August 2004, the military authorities had done nothing to indicate that his release was imminent. (Source: “U Htway Myint And Some Political Prisoners’ Conditions Continue To Deteriorate,” DVB, 6 August 2004)

 

U Kyi Toe

 

U Kyi Toe, age 45, from Chauk Township, Magwe Division, was the NLD chairman of the township organizing committee. On 2 August 1998, U Kyi Toe and ten other NLD members were arrested in connection with the distribution of two "Messages to the Nation by the General Secretary." Those two massages were dated 23 July 1998 and had already been distributed. He was sentenced to 7 years in prison on 14 August 1998. At the time of this report, he was serving his sentence in Thayet Prison. U Kyi Toe was reportedly suffering from hypertension and a gastric ulcer. (Source: AAPP, February 2005)

 

Members of Parliament Suffering from Poor Health in Detention

 

Dr. Than Nyein

 
Dr. Than Nyein, the son of Maung Sein, was born in Khanaung Village, Kyauktan, Rangoon, on 5 August 1937. He obtained a medical degree from Rangoon Institute of Medicine in 1963. He worked as an assistant doctor and township doctor from 1964-88 and was also a volunteer doctor for the United Nations in Sri Lanka from 1982-84. He served as the vice-chairman of the NLD Rangoon Division Organizing Committee. Due to his involvement in the 1988 uprising, Dr. Than Nyein was forced to retire from his position as a doctor. He ran a private clinic in Thakayta Township in Rangoon, during which time the military authorities arrested and charged him for not paying the registration fee for his private clinic. He was charged under the 1972 People's Health Affairs Act Article 9 (1c) and the authorities released him after he paid a fine. The NLD stated that the authorities had targeted him and did not arrest or charge other clinic owners. In the 1990 general elections, he was elected as a Member of Parliament for Kyauktan constituency.

 

On 28 October 1997, Dr. Than Nyein was arrested following an attempt by the NLD to hold a meeting with Aung San Suu Kyi and NLD youth in Mayangone Township, Rangoon. On that day, the military authorities blocked a delegation of NLD members and leaders from holding the meeting, which included the Chairman, the two Vice-Chairmen and General Secretary Aung San Suu Kyi. Many NLD members were forced into waiting vehicles and dumped near townships outside Rangoon. At midnight of the same day, the military authorities arrested Dr. Than Nyein along with seven other persons. All detainees were given 7 years imprisonment under Article 5(j) of the 1950 Emergency Provision Act. The sentences were handed down on 10 December 1997. Dr Than Nyein was suffering from Ankylosing Spondylitis, liver disease and gastric ulcers. He completed his sentence in July 2004, but the military authorities extended his detention by 60 days under Article 10(a) of the 1975 State Protection Act. This extension pushed his release date to 20 September. Again on 19 September, the military authorities extended his sentence by an additional 60 days under the same article. In protest of his prolonged detention, he commenced a hunger strike in Insein Prison. According to his wife, his health was already poor as he suffered from nerve damage, a gastric ulcer and a deteriorating liver condition. Military Intelligence then transferred him to Thayarwaddy Prison. On 26 September 2004, he was admitted to Rangoon General Hospital due to a decline in his health from engaging in the hunger strike. (Sources: AAPP, 29 September 2004; Nandar Chann, “Jailed MP moved to Rangoon Hospital,” Irrawaddy, 28 September 2004)

 

 

Dr. May Win Myint

 

Dr. May Win Myint participated in the 1988 nationwide democracy uprising. She became an active high-ranking member in the NLD. In the 1990 general elections, she was elected as a Member of Parliament for Mayangone constituency (2), Rangoon. In December 1995, she boycotted the military regime’s National Convention, along with other NLD MPs. On 28 October 1997, she and NLD members went to the Mayangone Township NLD office branch for a founding meeting of a local NLD youth wing. The authorities did not allow them to hold the meeting and forced them to disperse. Later that night, MI personnel arrested Dr May Win Myint and seven other NLD members. The authorities accused them of disrupting the peace and stability of the country. They were each sentenced to 7 years imprisonment under Article 5(j) of the 1950 Emergency Provision Act. In addition, they were all denied access to legal counsel. At the time of her arrest, she was also in-charge of the NLD Central Women’s Wing. Dr. May Win Myint was suffering from hypertension, heart disease and cervical spondylosis while she was imprisoned in Insein Prison at the time of this report. Furthermore, her prison term has been extended by one year. (Source: AAPP, February 2005)

 

U Aung Soe Myint

 

U Aung Soe Myint was born on 3 August 1952. In 1975, Aung Soe Myint graduated from the Rangoon Institute of Economics. From 1975 to 1988, he operated his own business. During the 1988 uprising, he was a member of the Central General Strike Committee of the Toungoo District People’s Liberation Alliance. In the 1990 democratic elections, he was elected as a Member of Parliament for the Toungoo constituency. As an MP-elect, he was among the NLD representatives who boycotted the National Convention in December 1995. U Aung Soe Myint was arrested on 31 August 2003 in connection with a traffic accident and he was charged with possessing and using an unlicensed motorcycle and sentenced to 7 years in prison. At the time of this report, he was detained in Insein Prison and suffering severely from diabetes, heart disease and eye problems. U Aung Soe Myint was transferred from Thayet Prison to Insein Prison to be examined for his condition, but he had yet to receive adequate treatment. (Source: AAPP, February 2005)

 

3.8 Prolonged Detention

 

The ruling military regime has frequently used Law No. 11/91, an amendment to Article 14 of the 1975 State Protection Act, to unfairly extend the term of detention of prisoners. The law, which is also known as the Law Amending the Law Safeguarding the State from the Danger of Destructionist Elements, allows for a period of detention to be extended by one-year intervals for three to up to five years. This extension can be made without trial or charge. While a prisoner has the right to appeal this extension under Article 19 of the same act, this is not a judicial appeal but an executive appeal made to the Minister of Home Affairs. The inability to appeal to the judicial branch of the government is considered a contravention of international standards. (Source: Myanmar: Justice On Trial, Amnesty International, 30 July 2003)

 

As of the end of 2004, the U.S. Department of State estimated that at least 27 prisoners were imprisoned beyond the completion of their sentences (source: Country Reports on Human Rights Practices-2004, Bureau for Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005). In addition, at the Sixty-first session of the UN Commission on Human Rights, the UN Special Rapporteur for Human Rights in Burma expressed concern for “the administrative detention of political prisoners beyond the expiry of their prison sentences.”(Source: "Situation of Human Rights in Myanmar," Sixty-first session of the UN Commission on Human Rights, Item 9 of the provisional agenda, United Nations Economic and Social Council, 2 December 2004)

 

Partial list of political prisoners who completed their sentences but remained imprisoned at the end of 2004:

 

Name                                                               Prison

 

1. Aung Khin                                                    Toungoo

2. Bo Bo Han                                                   Mandalay                                

3. Htway Aung                                                 Insein  

4. Kyaw Mya                                                   Myingyan

5. Myat San                                                     Toungoo

6. Soe Myint                                                    Mandalay

7. Than Naing @ Pagan @ Ko Oo                   Toungoo

8. Than Swe                                                     unknown

9. Tin Tun                                                         Insein

10. Ye Nyunt                                                   Mandalay

11. Dr Than Nyein                                            Prome

(Source: AAPP, 2005)

 

3.9 Death in Custody

 

"The price of liberty has never been cheap, and in Burma it is particularly high"

 

- Aung San Suu Kyi

 

According to the AAPP, the death toll of political prisoners who passed away while in the custody of the State or shortly after release rose to nearly 100 by the end of 2004. This figure includes political prisoners who have passed away in custody since the 1988 nationwide pro-democracy uprising transpired. In 2004, at least 5 political prisoners died, either while serving their sentences or within 3 months of being released. These deaths were the result of poor health exacerbated by insufficient to no medical attention received while in prison, as well as torture and unsatisfactory living conditions within the prisons. (Source: AAPP, 2004)

 

 Ko Wan Nay Soe

 

Ko Wa Nay Poe was an NLD-HQ member in Ye Township, Mon State. He was sentenced to 10 years in prison under Article 5(j) of the Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act in 1999. On 24 June 2004, he was released from Moulmein Prison but was seriously suffering from liver cancer. While in prison, Ko Wa Nay Poe had received inadequate treatment for his cancer. He was reportedly released due to his medical condition. On 20 July 2004 at 9:30 pm, less than a month after being released, Ko Wa Nay Poe passed away due to the liver cancer. (Source: “A Former Political Prison Dies Cause of Liver-Cancer After Being Released Nearly a Month,” AAPP, 20 July 2004)

 

Kyi Tin Oo

 

On 24 July 2004 at 6:30 am, poet Kyi Tin Oo, age 60, died from a heart attack just four months after being released. While in prison, Kyi Tin Oo had suffered from high blood pressure, a heart condition and diabetes. According to the AAPP, his health conditions were a result of the torture he endured when he was arrested and interrogated. The poor living conditions of the prison only exacerbated his health problems, causing them to progressively worsen. Kyi Tin Oo has been arrested and detained several times under successive military regimes. Under the Burmese Socialist Program Party (BSPP), he had been arrested and detained for three years on one occasion and seven years on another occasion. On 1 March 1994, he was arrested along with five others and accused of having contact with the illegal Communist Party of Burma. He was sentenced to 15 years imprisonment under Article 5(j) of the Emergency Provisions Act and Section 17/1 of the Unlawful Associations Act. He was released from prison on 26 March 2004 after serving 10 years. (Source: AAPP, 25 July 2004)

 

 

 U Min Thu

 

On 12 June 2004, U Min Thu, male, age 50, Jail Registration No. 1713-C, passed away from heart disease at Insein Township Hospital. U Min Thu died while serving the sixth year of his seven year sentence. U Min Thu, from Lashio, Shan State, had been a lawyer prior to being arrested in 1998. He was arrested along with several other students and activists who were collaborating to produce evidence for The History of Students’ Activities in Politics in Burma, which had been compiled by the All Burma Federation of Student Unions in 1996 and 1997. He was charged and sentenced under Section 5(J) of the 1950 Emergency Provisions Act on 28 April 1998. U Min Thu had been transferred from Insein Prison to the hospital to be treated for coronary thrombosis shortly before he passed away. According to Ye Maw Htoo, his former cellmate in Insein, U Min Thu also suffered from gastritis, partial blindness and bone disease for which he received minimal medical attention while in prison. According to the AAPP, U Min Thu was the 90th political prisoner to have passed away while in detention. (Sources: AAPP, 14 June 2004; Shah Paung, “Political Prisoner Dies in Detention,” Irrawaddy, 15 June 2004)

 

Zaw Myo Htet (a.k.a. Zaw Zaw)

 

On 19 October 2004, Zaw Myo Htet also known as Zaw Zaw, male, age 28, died from Amoebic Hepatitis in Rangoon General Hospital. Zaw Myo Htet, a first year geology student at the time, had been arrested along with eight others who were all accused of having contact with illegal groups based in Thailand. He was charged with High Treason under Section 122/1 of the Penal Code and sentenced to death in November 2003. On 12 May 2004, his sentence was commuted from death to three years in prison. The AAPP reported that Zaw Myo Htet had been suffering from tuberculosis and amoebic hepatitis. However, as he was never provided with adequate medical attention while in prison his health progressively deteriorated. Finally, he was transferred to the emergency unit of Rangoon General Hospital where he passed away. (Sources: AAPP, 2 November 2004; Yeni, “Burmese Political Prisoner Dies,” Irrawaddy, 2 November 2004)

 

U Shein Tin

 

U Shein Tin was imprisoned in 1994. In January 2004, he reportedly died from cancer at age 69. (Source: Facing Political Imprisonment: Prisoners of Concern to Amnesty International, Amnesty International, December 2004)

 

3.10 Release of Political Prisoners

 

Approximately 177 political prisoners were freed from Burma’s prisons during 2004 (source: NCGUB, 2004). The rate of release of political prisoners has decreased over the past two years. Among those released were those who had been arrested and detained in conjunction with the 30 May 2003 attack on Aung San Suu Kyi and the NLD near Depayin, Sagaing Division, including seven of the nine NLD Central Executive Committee members were released.  Yet, despite the releases, NLD Secretary Aung San Suu Kyi, Vice-Chairman U Tin Oo and an estimated 1,300 political prisoners remained in detention at the end of 2004.

 

Following the removal of Lt General Khin Nyunt on 19 October 2004 and the dissolution of the National Intelligence Bureau (NIB), the SPDC engaged in three mass releases of prisoners. The SPDC reported that those released had been wrongly imprisoned due to the “improper conduct” of Military Intelligence personnel of the NIB. On 18 November, 25 November and 12 December, the SPDC allegedly released 14,318 prisoners. Most of those released were criminals, while only an estimated 76 were political prisoners. In addition, 21 of the 76 released had already finished their seven-year sentences which they had received in 1998. The SPDC did not release any lists or information about the prisoners released, and there has been no independent confirmation of the numbers reported by the state run media or the government. (Sources: Country Reports on Human Rights Practices-2004, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005; Facing Political Imprisonment: Prisoners of Concern to Amnesty International, Amnesty International, 1 December 2004)

 

The motivation for the mass releases was not clear, yet was widely argued to be an attempt to divert the international community’s attention and criticisms. Significantly, the removal of Prime Minister Khin Nyunt, considered a moderate among other members of the regime, was followed by the appointment of Lt General Soe Win as the new Prime Minister. Soe Win and others who were simultaneously shuffled into positions of power have been well known for their hardline stance against the NLD, political dialogue and ethnic minorities. Therefore, observers conjectured that the mass releases were an attempt to deflect criticisms of the consolidation of hardliners. At the same time, the releases may have also served as a method of averting pressure from ASEAN members during the 29-30 November ASEAN Summit in Vientiane, Laos. Other explanations contend that the motivation may have been as simple as the fact that prisons were too crowded. (Source: Burma Briefing: Issues & Concerns Volume 2, ALTSEAN, November 2004)

 

The first round of mass releases saw the freedom of Min Ko Naing, the Chairman of the ABFSU and the second most famous political prisoner in Burma. Min Ko Naing’s release came after he had served more than 15 years in prison. He was initially arrested on 24 March 1989 for political activities and held under Article 10(a) of the 1975 State Protection Act. In 1991, he was charged under 124(d) and sentenced to 15 years imprisonment, which was commuted to 10 years in 1993 under a general amnesty. When this sentence was completed in 1999, his detention was extended under Article 10(a) for a further five years. In July 2004, this five-year extension was completed, yet he was not released until 18 November.

 

The release of Min Ko Naing along with several other political activists gave rise to hopes that other prominent figures in the pro-democracy movement, such as Aung San Suu Kyi and U Tin Oo, would also be released. Rumors persisted about the release of NLD political strategist U Win Tin, who had been arrested and imprisoned in 1989, as the Deputy Minister of Foreign Affairs reported that U Win Tin would be released on 25 November. Yet, on 26 November, the Director General of Prisons reported that this was not the case and U Win Tin remained in prison at the end of the year.

 

Political prisoners who are offered early release and have their sentences suspended are frequently required to sign a document relating to Section 401 of the Criminal Procedure Code, which attaches conditions to their release. Under Section 401/1, the President of the Union has the power to suspend a sentence at any time. Conditions of release frequently include refraining from all political activities. Under Section 401/3, “If any condition on which a sentence has been suspended or remitted is, in the opinion of the President of the Union, not fulfilled, the President of the Union may cancel the suspension or remission, and there upon the person in whose favor the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the un-expired portion of the sentence.” Therefore, the prisoner is vulnerable to re-arrest at any time if the authorities determine the conditions of the release unmet. In this case, the prisoner must serve the unfinished sentence with the possibility of a new sentence attached. Due to the unstable political climate of Burma and constant crackdowns on those perceived to be threats to the State, prisoners who sign this agreement remain in precarious and vulnerable situations to the arbitrary decisions of the authorities. (Source: Myanmar: Justice on Trial, Amnesty International, 30 July 2003) (Please see Appendix I for full translation of Section 401 of the Criminal Procedure Code.)

 

Once released, former political prisoners and their families are often subject to ongoing monitoring, harassment and interference by the authorities. Some political prisoners have also reported that authorities visit their homes to question then regarding their activities and ensure non-participation in political activities. Family members are also subject to questioning and monitoring regarding their own or their relative’s movements and activities. Visits from authorities have reportedly been as frequent as once a week. During politically sensitive times, such as opposition or national anniversary dates, former political prisoners have been detained and interrogated without reason. In addition, many former political prisoners have reported that personnel of the former MI would threaten or thwart employers who hired former political prisoners or their family members. As a result, maintaining stable employment and their livelihoods was extremely difficult. Authorities have often prevented former political prisoners from pursuing educational opportunities or from obtaining travel and identification documents. Moreover, both former political prisoners and their families are usually denied passports. By limiting their education and economic opportunities, the military authorities attempt to marginalize ex-political prisoners from society. (Please see Appendix II for a list of political prisoners released during 2004.)

 

3.11 MP-elects Who Remained Imprisoned in 2004*

 

No

Name

States/ Divs

Party

Date of Arrest

Prison

Remark

1

Zaw Myint Maung Dr.

Mandalay

NLD

00-11-1990

Myitkyina

37 Yrs

2

Sein Hla Oo

Rangoon

NLD

04-07-1994

Myitkyina

7 Yrs

3

Khin Maung Swe

Rangoon

NLD

05-08-1994

Myinkyan

7 Yrs

4

Than Nyein Dr.

Rangoon

NLD

28-10-1997

Pyi

7 Yrs +

2 month

5

May Win Myint(F) Dr.

Rangoon

NLD

28-10-1997

Insein

7 Yrs +

6 month

6

Soe Myint

Magwe

NLD

09-09-1998

Insein

28 Yrs

7

Yaw His

Kachin

NLD

02 10-1998

Myitkyina

5 Yrs

8

Naing Naing

Rangoon

NLD

00-08-2000

Insein

21 Yrs

9

Aung Soe Myint

Pegu

NLD

31-08-2003

Thayet

7 Yrs

10

Than Htay

Shan

NLD

16-08-2004

Lashio

5 Years

11

Myint Naing Dr.

Sagaing

NLD

08-12-2004

Shwebo

3 month

 

*(Source: “Summary and Situation of Members in Parliament,” NCGUB, 10 January 2005)

 

3.12 Partial List of Activists and Opposition Forces Arrested and/or Sentenced in 2004

 

On 2 January 2004, MI officials arrested 2 Mandalay Division NLD members. According to the AAPP, the activists were arrested due to their political activities. No details were released as of the time of this report, 5 January. (Source: Kyaw Zwa Moe, “Junta Continues Crackdown on Dissidents,” Irrawaddy, 5 January 2004)

 

On 7 January 2004, military authorities sentenced 7 students from Dagon University to prison terms for establishing a student sports union without official permission. The group, comprising of first and second year students, had been arrested in June 2003. Not all of the students received the same sentences. Aung Kyi, Nan Sian Naung and Myo Min Htun were sentenced to 15 years imprisonment while 3 others were sentenced to 13 years and 1 to 7 years imprisonment. While the students had initially sought official permission to establish the student union, the head of the university had denied their request. Instead of complying with the rejection, the students established the union by themselves, which then led to their arrest and suspicions that they were working with political opposition groups. The students were interrogated and tortured during their detention. (Source: Kyaw Zwa Moe, “Students Sentenced to 15 Years,” Irrawaddy, 9 January 2004)

 

In late January 2004, Nyan Gyi, an NLD youth member from South Dagon Township, disappeared. Family members were unable to trace his whereabouts until the relative of another prisoner informed them that he was in Insein Prison and on trial. At year’s end, Nyan Gyi was still denied access to family members and lawyers. (Source: Country Reports on Human Rights Practices-2004, Bureau for Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005)

 

On 30 and 31 January 2004, MI No. 7 officials arrested U Tin Maung Kyi and U Myint Aye, both from the Kemmendine Township NLD Headquarters in Rangoon Division. The 2 men were reportedly sent to Insein jail. In addition, the MI officials searched U Tin Maung Kyi’s house, who was also a publisher, and appropriated 2 computers, a printer and photographed and seized some of the books to be published. (Source: “Burma Opposition Radio: Two Senior Democracy Party Members Arrested,” AFP, 9 February 2004) 

 

On 31 January and 1 February 2004, MI officials arrested the chairman of Kyee Myin Daing Township NLD, Myint Aye, and senior member Tin Maung Kyi in Rangoon Division. The reasons for the arrests were unknown as of the time of this report, 2 February 2004. (Source: Kyaw Zwa Moe, “More NLD Members Arrested,” Irrawaddy, 2 February 2004)

 

In February 2004, military authorities arrested Ne Min (age 55), a lawyer who had worked for the British Broadcasting Company (BBC) in the 1980s, on the charge of providing information to foreign media associations. Ne Min had served an 8 year sentence for “spreading false rumors.” On 7 May 2004, he was sentenced to 15 years imprisonment in a special court inside Insein Prison. Four others reportedly received long prison sentences at the same time, including Nyan Htun Linn, a former activist and staff member of a Thai-based exiled media group, who received a 22 year sentence for “distributing a statement criticizing the procedures of the upcoming convention.” (Source: "Myanmar Ex-reporter Imprisoned Ahead of Convention: Media Monitor,” AFP, 14 May 2004)

 

On 11 February 2004 at 11:00 pm, Irrawaddy Division, Bokalay Township Peace and Development Council authorities arrested and detained 7 NLD members, including Chairman U Aung Khin Bo. U Aung Khin, U Aung Myint, Ko Win Naing, Daw Mi Mi Sein and Daw Khin Lay, the other 6 arrested, were all organizers. The arrests came following orders from regional MI officials. On 14 February 2004, the authorities also detained U Khin Maung Thit who had given a speech for the NLD Union Day ceremonies in Bokalay Township. It was believed that these arrests were motivated by the authorities' unease over high attendance at the NLD’s Union Day celebration. At the time of this report, 14 February 2004, the location of the detainees remained unknown. According to witness accounts, 6 people were arrested on the night of 11 February when they met to make preparations for the ceremony. Authorities also instructed the NLD not to hold the ceremony but on the actual day over 100 people assembled. The authorities then ordered U Aung Khin Bo to dispel the crowd. (Source: “Seven Members of Burmese Opposition Group Arrested,” BBC Monitor, 14 February 2004)

 

On 20 February 2004, 6 students from Dagon University, who had been arrested in September 2003 for criticizing the SPDC’s intention to reconvene the National Convention, were sentenced to imprisonment in Insein Prison for ranging terms. Two of the 6 received 17 year sentences, 1 received a 12 year sentence and the remaining 3 received 7 year sentences. (Source: Kyaw Zwa Moe, “Students Sentenced,” Irrawaddy, 23 February 2004)

 

On 5 June 2004, government authorities arrested 3 NLD members under the accusation that they where communicating with illegal associations on the Thai-Burma border. The 3 members arrested were:

1.      Than Than Tay, Women’s Group Secretary, NLD Magwe Division;
2.      Thiha Soe, son of Than Than Tay; and
3.      Tin Myint, Secretary, Thingangyun Township, Rangoon Division. 

On 9 June, Thiha Soe was released as he was determined not to be connected. The location of where Than Than Tay and Tin Myint were being held remained unknown at the time of this report. (Source: Shah Paung, “Two NLD Members Arrested, Whereabouts Unknown,” Irrawaddy, 11 June 2004)

 

In June 2004, government authorities arrested and detained 4 NLD members for having unlawful associations with illegal organizations. On 23 September 2003, Ma Than Htay, Ma Yi Yi Win, San Ya and Tin Myint, the 4 NLD members, were sentenced to 7 years imprisonment in a court inside Insein prison. The court reportedly handed down the sentences based on confessions obtained by government officials during periods of interrogation. According to the NLD legal representatives, the prosecuting authorities did not provide any additional evidence or substantial proof to verify the accusations. NLD legal representatives reported that they would appeal the court’s decision (source: “Myanmar’s Junta Jails Four Opposition Members for 7 years,” AP, 24 September 2004). On 2 December 2004, it was reported that the 4 lost their appeal with NLD legal representatives indicating that they would appeal again at the Supreme Court level. (Source: “Myanmar Opposition Loses Appeal to Free Four Party Members,” AFP, 2 December 2004)

 

On 13 August 2004, Ko Kyaw Aung, also known as Ko Aung Myint Tun, and his father in-law, U Wan Khin, from Thayagon village in Mawkyun Township, Irrawaddy Division, were arrested for participating in NLD activities. The 2 men were charged with not registering with the authorities as guests. On 27 August 2004, they were sentenced to 7 days in prison and U Wan Khin was sent to Myaungmya Prison. Ko Kyaw Aung was also charged with violating further acts and regulations. (Source: “NLD Member Sent to Prison for Peaceful Activities,” DVB, 9 September 2004)

 

On 24 September 2004, Than Than Htay, Tin Myint and 1 other NLD member were found guilty of violating 3 counts of Burmese law and sentenced to 7 years in prison. It was reported that the government had no credible evidence against them. (Source: Country Reports on Human Rights Practices-2004, Bureau for Democracy, Human Rights and Labor, U.S. Department of State, 28 February 2005)

 

On 6 December 2004, the military authorities in Bokalay Township, Irrawaddy Division, arrested 14 NLD members. Ten of the 14 members were arrested between 2:00 am and 6:00 am. Three organizing committee members were arrested around 12:00 noon. The circumstances of the arrests of the 14 NLD members remained unknown at the time of this report. The local militia and local cultural committee authorities were ordered to enter the NLD members’ homes and arrest them. After Bokalay Township NLD Chairman, U Aung Khin Bo, was arrested, his house was guarded by 100 soldiers, 6 trucks and members of the fire brigade. The 14 NLD members were taken directly to Pyapohn Special Court. The 10 NLD members arrested in the morning were:

1. U Khin Aung Bo, Chairman of NLD, Bokalay Division;

2. U Aung Htay, Secretary of NLD, Bokalay Division;

3. U Khin Mg Chit, Joint Secretary;

4. U Thet Tun, Township Organizing Committee Member;

5. Daw Mit Mit Sein, Township Organizing Committee Member;

6. Daw Khin Lin, Township Organizing Committee Member;

7. Daw Hnin His, Local Organizing Committee Member;

8. Ko Nyein Tun, Local Organizing Committee Member;

9. U Tin Oo, Local Organizing Committee Member; and

10 Ko Saw Va Ku, Local Organizing Committee Member.

The 3 NLD members arrested at 12:00 noon were:

1. Ko Aung Myint, Township Organizing Committee Member;

2. Ko Win Naing, Township Organizing Committee Member; and

3. Ko Hla Myint, Township Organizing Committee Member.

(Source: “14 NLD Members Arrested in Bokalay Township,” Yoma3, 7 December 2004)

 

On 10 December 2004, military authorities arrested NLD local organizing committee member U Tha Chaung (age 60) in Bokalay, Ahma Township, for distributing copies of human rights documents. In addition, the authorities arrested all the people who received the documents and threatened others from taking it as the documents had been distributed around the area. Moreover, the authorities intimidated the people who frequent the Pan Daw Win Teashop in Section 5, Second Street, Bokalay City, because it is a place where political activists usually come to have discussions. (Source: “Authorities Put Pressure on Political Party Members in Bokalay,” Yoma3, 12 December 2004)

 

On 19 December 2004, military authorities arrested 4 NLD members in Rangoon Division for publishing and distributing human rights educational documents on 10 December 2004, which is International Human Rights Day. The 4 members were Ahlon Township NLD Chairman U Ba Myint and South Dagon Township NLD members Aung Moe San, U Ba Tint and Ma Theigi. (Source: “Burma Junta Arrests Four Political Activists,” DVB, 20 December 2004)

 

On 20 December 2004 at 5:00 am, Rangoon Division police arrested Ma Thein Kyi, an NLD member from Alone Township, Rangoon Division. The reason for the arrest was unknown at the time of this report. (Source: “Authorities Arrest NLD Members in Rangoon Division,” Yoma3, 20 December 2004)

 

3.13 Ethnic Minority Political Prisoners

 

Politically Motivated Detention of Ethnic Minority Villagers - Partial List of Incidents for 2004

 

(Please see section 3.15 "Arbitrary Seizure of Villagers" for more information, below.)

 

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 9 June 2004, SPDC IB 106 led by Bo Mu Than Win came to Bila Mai village in Win Yin Township, Dooplaya District. Bo Mu Than accused Naw Ka Re and her family of being KNU terrorists. He then arrested the family and sent them to the headquarters in Mor Ka Nay area. Naw Ka Re's daughter, Naw San Way (age 14), was unable to attend school because she was arrested and detained. (Source: BI, 2004)

 

On 13 June 2004, Saw Pan-war from DKBA No. 999 Column 4 accused 6 villagers from Hta Kler village in Hta Kler Township, Pa-an District, of having contact with the KNU and subsequently put them in a detention cell in Peh K’rue village (Paing Kyon village). The six villagers from Hta Kler village in Hta Kler Township were:

1. Maung Kyi Win,

2. Saw Doh Doe,

3. Saw Pu-lu,

4. Saw Chit Poe,

5. Saw Dah-loe and

6. Saw Paw Thay.

(Source: CIDKP, 2004)

 

On 12 September 2004, Battalion Commander Myo Zaw Thein of SPDC LIB 591 accused the village heads of Saw Hta village and Nat Kyi village in Win Yae Township, Dooplaya District, of having connections with the KNU.  As a result, Myo Zaw Thein locked the 2 village headmen up for 6 hours at his battalion headquarter office. (Source: CIDKP, 2004)

 

Karenni State

 

Starting from the beginning of 2004, there were more threats posed to relatives of KNPP staff in the Mawchi area by the ceasefire armed group led by Htoo Kari, who surrendered to the SPDC regime in late October 2002. Members of this ceasefire group, called the Karenni National Solidarity Organization (KNSO), in cooperation with local Burma Army troops, frequently lead searches for relatives of KNPP staff and threatened them with arrest or death. (Source: KNAHR, 2004)

 

In the first week of August 2004, troops from the Karenni National People’s Liberation Front (KNPLF), a SPDC-backed ceasefire group, arrested the former village chief of Harlei village in Goe Ei, Daw Rawkhu Township, and accusing him of having connection with the KNPP. He was then transferred into the hands of SPDC troops by KNPLF. As there is no valid evidence to justify his detention, the SPDC troops returned the former village chief to the custody of the KNPLF. At the time of this report, no further information is known about the whereabouts or wellbeing of the village chief. (Source: KNAHR, 2004)

 

Mon State

 

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 26 January 2004, Major Kyaw Ngwe Soe of SPDC IB 97 arrested village secretary Tun Kyi and 4 villagers from Kyone-kanya village in Ye Township, Mon State, on the suspicion that they were rebel supporters. The villagers were detained and tortured for 5 days. The 4 villagers were released after meeting the soldiers’ demands for 100,000 kyat each. Tun Kyi was released after providing 400,000 kyat. (Source: “Inhumane or Degrading Treatments Against Civilians Continue,” The Mon Forum, HURFOM, 29 February 2004)

 

On 4 February 2004, troops from SPDC LIB 586 arrested Mi Tun Shein (female, age 55) and Mi Pa Khin (female, age 50) from Kabya-wa village in Ye Township, Mon State. Mi Tin Shein is the wife of Nai Hlein, a rebel leader, and Mi Pa Khin assisted Mi Tin Shein by allowing rebels to take shelter in her home. The 2 women were reportedly interrogated and tortured to the degree that their faces were unrecognizable to their fellow villagers. The soldiers reportedly used bamboo sticks and knives to cut and beat them on their bodies and faces. As a result of the torture, Mi Tun Shein provided the military authorities with the names of 6 villagers who also had contact with rebels, who the soldiers then arrested. The villagers were also tortured in an attempt to obtain information. Soldiers used bamboo sticks and the butts of guns to beat them. When the soldiers were satisfied with the information they received, they released 5 of the villagers upon payment of 100,000 to 300,000 kyat each. The sixth villager, Mi Mya Kyi, was detained further as she was suspected of providing a significant amount of support to the rebels. The 6 villagers were:

1. Nai Hara, male, from Win-tamort village;

2. Mi Hla Tin, female, wife of Nai Hara, from Win-tamort village;

3. Nai Suu, male, village headman, from Kyone-kanya village;

4. Nai Gone Sakar, male, village headman, from Kyone-kanya village;

5. Nai Hit, male, from Kyone-kanya village; and

6. Mi Mya Kyi, female, wife of Nai Hit, from Kyone-kanya village.

(Source: “Inhumane or Degrading Treatments Against Civilians Continue,” The Mon Forum, HURFOM, 29 February 2004)

 

On 29 June 2004, 8 New Mon State Party (NMSP) members went to Lamine village in Ye Township to levy annual taxes for the “revolutionary fund.” The tax fee ranged from 2,000 to 4,000 kyat. The NMSP members had informed the Village Peace and Development Council (VPDC) of their activities.  However, SPDC soldiers, MI and the village headmen arrested the 8 NMSP members when they were in the village. The military authorities accused the group of threatening villagers in order to procure taxes. The 8 NMSP members were detained in the South East Command HQ in Moulmein. On 28 September, the group was finally released after having been trailed and sentenced to 3 months of detention. As they had already been detained for 3 months prior to the trial, they were released immediately. Three of the 8 NMSP members arrested were Nai Aung Yin, Nai Ron Nai and Nai Tala Lawi. The names of the other 5 NMSP members were unknown. (Source: “SPDC’s Tensions Against Mon Political Parties And Systematic Persecution Against Mon Activists,” The Mon Forum, HURFOM, 31 October 2004)

 

On 29 August 2004, soldiers from SPDC IB 273 arrested 8 villagers from Mi-taw-hlar-kalay village after a skirmish with Mon rebels from the Hongsawatoi Restoration Party, a Mon splinter group operating in southern Ye Township. The 8 villages were accused of supporting the Mon rebels with food and shelter. (Source: “Caught In The Crossfire: Villagers Killed And Arrested,” Kao Wao News No. 74, 9 September 2004)

 

On 22 September 2004, soldiers from SPDC LIB 586 led by Colonel Ngwe Soe arrested 5 villagers from Kaw-hlaing village in Ye Township. The five villagers were the parents of former members of the Mon splinter group, the Hongsawatoi Restoration Party. Yet, the sons had left the HRP and gone to work in Thailand prior to their parent’s arrest. The victims were:

1. Nai Aung Tin, male;

2. Mi Phae, female;

3. Daw Nu, female;

4. Daw Mya Sein, female; and

5. Mi Oud’s husband, male.

(Source: “Suspicious BA Target Alleged Rebel Families,” IMNA, 23 September 2004)

 

Shan State

 

Kun-Hing Township

 

On 28 September 2004, a patrol of troops from company 2 of SPDC LIB 524 led by Captain Maung Maung Soe stopped and arrested 8 villagers who were on their way to harvest an early crop at their farms. As the 8 villagers planned to sleep at their farms for a few days while they harvested the crop, they carried bags of uncooked rice so they would have food for the duration of the harvest. The soldiers searched the villagers’ bags and pockets and found 200-300 kyat and the uncooked rice. As a result, the soldiers accused the villagers of carrying the rice to give to Shan rebel soldiers. The soldiers arrested the 8 villagers, 3 men and 5 women, and took them to the LIB 524 base in Kun-Hing Township where they were detained. The villagers were ordered to send for their families to verify their claims for their release. When family members arrived, they were told that they must pay a 10,000 kyat fine for each villager because they were carrying more rice than is allowed and could have given it to Shan rebels. The families were able to negotiate and reduce the fine to 8,000 kyat each. The 8 villagers, from Saai Khaao village, Saai Khaao village tract, Kun-Hing Township, were released after the fines were paid. (Source: “Villagers Detained, Money Extorted, in Kun-Hing,” SHRF Monthly Report, SHRF, January 2005) 

 

Murng-Nai Township

 

On 2 October 2004, a patrol of approximately 50 soldiers from SPDC Tactical Command No. 17 arrived in Loi Aai village, Naa Khaan village tract, Murng Nai Township, where they slept for 1 night. At 7:00 pm on the night they arrived, the soldiers called the village headman and asked for information about Shan rebels hidden in the village. When the village headman indicated that he was unaware of Shan rebels, the soldiers did not persist. At 4:00 am the following morning, the soldiers arrested villager Zin-Ta (age 45) and accused him of being a Shan rebel. They interrogated and tortured him in an attempt to procure information about the whereabouts of other Shan soldiers. The soldiers took Zin-Ta to Pa Laai, a deserted village which had been relocated, and continued to interrogate and torture him for 3 days and 2 nights. Zin-Ta heard the SPDC soldiers say that they would kill him. Therefore, he ran away with his arms tied behind his back. (Source: “Arrest, Detention and Torture in Murng-Nai,” SHRF Monthly Report, SHRF, February 2005)

 

Murng-Sart Township

 

On 6 February 2004, a patrol of 35 soldiers from SPDC LIB 579 led by Commander Hla Oo accused villager Zaai Pan (male, age 32) of being a Shan rebel soldier. The soldiers proceeded to arrest, tie up, interrogate and torture him. Then, the soldiers forced Zaai Pan to carry their belongings and follow them. Zaai Pan was arrested in his home in Pa Noi village, Murng Kok village tract, Murng-Sart Township. At the time of this report in March 2004, he had not yet returned and his whereabouts was unknown. (Source: “A Man Disappears After Being Arrested, Tortured and Forced to Serve As A Porter In Murng-Sart,” SHRF Monthly Report, SHRF, February 2005)

 

3.14 Civilians Arbitrarily Arrested - Partial List for 2004

 

On 19 September 2004, local authorities in Irrawaddy Division arrested 4 students from Ma U Pin Technical College after 2 of the students had tried to "pick-up" a young woman. Two of the boys reportedly tried to strike up a conversation with the young woman when they were walking near their hostel. The girl answered with a negative reply and a quarrel ensued. After the young woman reported the incident to the local SPDC endorsed women’s organization, the 2 young men, along with 2 others who had witnessed the event, were arrested and detained at Ma U Pin Prison under charges related to physical and sexual assault. The 4 young men detained were Aung Ko Ko Win, Pyeit Phyo, Win Ko Ko and Wunna Aung. (Source: “Burmese Students Imprisoned for Attempting to Court Girls,” DVB, 4 October 2004)

 

In December 2003, Ko Thet Lwin (male, age 46) an employee of Ivanhoe Co., a Canadian based company, accompanied a foreign colleague to the home of Aung San Suu Kyi. As a result, they were both arrested. While his colleague was released, Ko Thet Lwin remained in detention and in February 2004 he was charged and sentenced to 7 years imprisonment under the Criminal Act. In May 2004, he was sent to Taungsoon Labor Camp in Mon State. AAPP have reported that there were no clear justifications provided for his arrest and imprisonment. (Source: AAPP, 2 July 2004)

 

3.15 Arbitrary Seizure of Villagers –Partial List of Incidents for 2004

 

Arakan State

 

Buthiduang Township

 

On 27 January 2004, a Rohingya cattle trader named Sultan from Phone Nyo Lake (Hpon Myar Li) village in Buthidaung Township went to Ann Township to purchase cattle. Three Rakhine cattle traders from Ze Di Taung village went with him and 3 more Rakhine traders joined the groups once they reached Ann Township on 29 January. After purchasing cattle, they headed back to Buthidaung Township when they encountered Nasaka officers from No. 25 camp in Ann Township. The Nasaka officers detained all of the cattle traders at the camp and interrogated them. The following day, the Nasaka officers released only the 3 Rakhine traders from Ann Township. On 6 February, family of the 4 remaining cattle traders went to the Nasaka camp in Ann Township where they paid 100,000 kyat for their release. The 3 Rakhine traders from Buthidaung Township were released while Sultan, the Rohingya trader, remained in detention despite the fact that his father had paid 40,000 kyat. On 13 February, Sultan was sent to the police camp and taken to Ann Town court where he was arbitrarily sentenced to 7 years imprisonment under the charge of being a terrorist in an unfair trial. (Source: “SPDC Authority Sentenced A Cattle Trader a 7-Year Jail Sentence,” Kaladan News, 7 March 2004)

 

On 17 July 2004, Kaladan News reported that Moulvi Nurul Islam (age 42) was going from his job as a trader on the Bangladesh-Burma border to visit his family in Ywet Nyo Taung Para village in Buthidaung Township. He was carrying some clothing which he bought for them when he encountered a few Rakhine villagers who accused him of coming from Bangladesh. On 18 July 2004, the chairman and secretary of the VPDC came to his house, arrested him and gave him to the Nasaka No. 21 in the township. In the custody of the Nasaka, he was severely beaten. Moulvi Nurul Islam’s father paid the Nasaka personnel 20,000 kyat in an attempt to cease the torture. On 19 July 2004, Moulvi Nurul Islam was taken to the Buthidaung Township court with a letter indicating that he should be sentenced to a minimum of 7 years imprisonment.  He was sentenced without a fair trial on the charge that he had crossed illegally into Bangladesh. (Source: “A Religious Teacher Sentenced A 7-Year Jail Sentence,” Kaladan News, 7 August 2004)

 

Karen State

 

(Please see note above about Dooplaya, Pa-an and Papun Districts in section 3.13)

 

Dooplaya District

 

On 26 March 2004, troops from SPDC LIB 548 led by Column 1 Commander Lt Col Tin Maung Oo arrested villager Saw Po Seet (age 25) of Old Shwe Poe Hat village and Saw Po Heh (age 30) of Htee Po Way village at Shwe Tha (Pa-lay-taik) and demanded that the villagers pay a ransom of 10,000 kyat and 40,000 kyat respectively for their release. Moreover, these troops extorted 50,000 kyat from the village head of Ko Du Kweh village. (Source: CIDKP, 2004)

 

On 19 April 2004 at 10:00 am, Bo Mu Aung Kaing of SPDC LIB 588 commanded Saw La Kyi to come to him and sent him to La Mai Yae infantry. There he was imprisoned for 2 days. (Source: BI, 2004)

 

On 22 May 2004, SPDC IB 326 Operation 2, led by Bo Win Bo, came into Ta K' Dae village in Win Yin Township. There, Bo Win Bo ordered 5 villagers and a village headman to find Saw Pa Taw and the Load Shar village leader in another village. The villagers could not find these 2 people. The troops then arrested the 6 people because they could not find Saw Pa Taw and the Load Shar village leader and sent them to Tha Pu Z'  Yart. The 6 people who were arrested were:

  1. U Thaing Kyaw, Ta K' Dae village headman;
  2. Naw Dah Say;
  3. Po Chate;
  4. U Bight Pu;
  5. U Kyaw Klae; and
  6. Saw Ngae Tun.

(Source: BI, 2004)

 

On 9 July 2004, the camp commander of SPDC IB 30 based at Htee Po Than village in Kyone Doe Township, Dooplaya District, arrested the Htee Po Than village head, a woman. Thereafter, they put her in stocks in connection with the case of Saw Nyo Nyaing who returned late from an information gathering mission, which he left for on 7 July 2004. (Source: CIDKP, 2004)

 

On 30 August 2004, Battalion Commander Myo Zaw Thein of LIB 591 arrested 2 villagers from Kleit Tu village in Win Yae Township who were cutting and selling bamboo. The battalion commander beat them up and put them into the Kyaung Ywa detention cell. The 2 villagers detained were Saw Than Kyaw (age 28), son of Saw Than Aye, and Saw Thaung Yi (age 40), son of Saw Neh Kleh. (Source: CIDKP, 2004)

 

On 10 October 2004, 3 soldiers from SPDC LIB 357 went to Htee The Law village, Mae Khee village tract, Kawkarate Township, Dooplaya District. One of the 3 soldiers, who was dubbed Maung Lay (age 22), remained in the house of a villager, Naw Ble Say, and asked her to show him the way to escape. When she denied him, he became angry and indirectly shot off a pistol beside her temple. The pistol that he shot belonged to his company commander. The gun shot frightened Naw Ble Say and she fled to a friend's house. Later, approximately 30 soldiers from SPDC LIB 357 led by Command Khaing Maung Tway entered Htee Ther Lea village and caught Naw Ble Say demanding, "where are you hiding my soldier, the one who escaped? The SPDC soldier who escaped has his company commander's pistol."  Naw Blae Say said that she did not hide the soldier. The soldiers arrested Naw Ble Say and detained her for 3 days without food while they searched for the escaped soldier.  At the same time, the soldiers ordered the village chief, Pa Thu Po, to prepare 2 tractors with drivers. The soldiers took 3 tractor with diverse from Htee Ther Lae villagers. There are 5 tractors with diverse and the soldiers will use them to find the soldier who is lost. The following day, they sent more troops to find the soldier who was missing. (Source: BI, 2004)

 
Pa-an District

 

On 23 June 2004, Saw Pan Wah from DKBA 999 arrested Saw Pu Lu of Paing Kyon village and extorted 16 buffaloes and 4 cattle from him. On 26 June 2004 at 3:00 am, Saw Pu Lu committed suicide by using a rope in the detention cell in which he was confined at Peh Kru (Paing Kyon) village. (Source: CIDKP, 2004)

 

Karenni State

 

On 10 September 2004, about 100 troops from SPDC LIB 530, IB 72, and allied troops from the KNPLF divided into 2 columns and came to Daw Tahe village in Loikaw Township. The troops arrested 16 males, females and children without giving a reason. The arrested villagers were brought to Loikaw and detained at Central Control Command Quarters. (Source: KNAHR, 2004)

 

Mon State

 

(Please see note above about Thaton District in section 3.13)

 

Thaton District

 

On 16 March 2004 at 10:00 pm, Than Htun, Pa Nya and Ta Baw from DKBA arrested 3 villagers from Ta Maw Daw village in Thaton Township; Maung Myint (age 38), Maung Hta Loo (age 28) and Pa Kyu. The villagers were arrested while they were celebrating a novice ordination ceremony and forced to show the place where KNU troops were. As these 3 villagers did not know the place to show, the DKBA troops brutally beat them up and extorted 30,000 kyat worth of items from the shops. (Source: CIDKP, 2004)

 

On 28 March 2004 at 10:45 pm, Ta Baw, Zaw Zaw, Maung Tin Soe and Pa Nya of the DKBA came to Ta Roi Wa village in Thaton Township and seized the following villagers: 

1. Saw Than Keh, 30, son of Tee Maung Ta; and

2. Saw Than Aung, 30, son of Tee Pa Soe.

The DKBA soldiers took the 2 villagers with them and had not released them by the time of this report in the first half of 2004. (Source: CIDKP, 2004)

 

Pegu Division

 

Note: Both Nyaunglebin District and Toungoo District are areas demarcated by the KNU as Karen territory. Toungoo falls partially in SPDC demarcated Pegu Division and partially in SPDC demarcated Karen State. Toungoo is under the patrol of the 2nd Brigade of the Karen National Liberation Army (KNLA). Nyaunglebin falls in SPDC demarcated Pegu Division and is under the patrol of the 3rd Brigade of the KNLA. The SPDC does not recognize Nyaunglebin or Toungoo as official districts.

 

Nyaunglebin District

 

On 23 February 2004, troops from SPDC LIB 264 arrested Saw Pa Lay Lor and Naw Leh Keh Tri of Khee Lor village in Mone Township without reason. The soldiers also slapped Saw Pa Lay Lor in the face 2 times. The 2 villagers were later released. (Source: CIDKP, 2004)

 

Toungoo District

 

On 26 January 2004, troops from SPDC IB 94 came to the Sho Ser area and took villager Saw Ler Htoo (age 50), son of Saw Win Lin Bo. He has not been released at the time of this report in the first quarter of 2004. (Source: CIDKP, 2004)

 

On 9 February 2004, troops from SPDC IB 224 led by Battalion Commander Myint Khaing burnt down 8 houses belonging to internally displaced persons in the Pa-wa area and also arrested 8 villagers. The troops beat to death without reason villager Saw Po Peh, who was 1 of the arrested villagers. Three SPDC troops released propaganda that all of the KNU had laid down their arms and as a result only a few KNU members were remaining in the Pa-wa area. These troops threatened that they would search and kill all the remaining KNU members and those who support them. (Source: CIDKP, 2004)

 

On 14 March 2004 at 5:30 pm, these troops came to Der Doe village and arrested the following villagers without reason:

  1. Saw Ta Bleh,
  2. Saw Kaw Lar Thoo,
  3. Saw Bo Win Htoo,
  4. Saw Robin and
  5. Saw Po Klo.

They were not released until the day of this report in the first half of 2004. (Source: CIDKP, 2004)

 

On 30 May 2004, SPDC IB 48 Company Commander Kyaw Lwin Oo arrested and beat Saw Aye Mya in Thay Cha Say village. (Source: BI, 2004)

 

On 10 December 2004, troops from SPDC IB 73 Column 2, led by Bo Maung Maung Soe, came to Klaw Mee Doe village in Tan Ta Bin Township and took 9 villagers away with them, including the village head. (Source: KIC, 2004)

  

Shan State

 

On 14 February 2004, police in Kaeng-Tung Township arrested Naang Kham Yong (age 36) and accused her of having lost a fake ID card. The arrest came despite the fact that when she lost her national ID card she had reported it to the police and paid a 20,000 kyat fee for a new one. At that time, the police had indicated that they would issue her a new card. Naang Kham Yong was originally from Pung Thun quarter, Tachilaek town, Tachilaek Township. Approximately 10 years before the incident, she had moved to Kaeng-Tung town. At the time of this report in June 2004, she remained in jail. (Source: SHRF Monthly Report, SHRF, June 2004)

 

In mid 2004, 2 policemen and 2 soldiers from SPDC IB 246 went to the home of Pa Man (female, age 46) in Kun-Hing town. They claimed to be searching for opium sold in the house. They found no opium but they did find a homemade toy gun made from an umbrella handle. Despite the fact that it was a toy, they accused Pa Man of having a gun without authorization, arrested and detained her in jail. After her relatives paid a 50,000 kyat fine for having a gun without authorization, Pa Man was released. (Source: “A Woman Detained, Money Extorted, in Kun-Hing,” SHRF Monthly Report, SHRF, January 2005)

 

On 7 August 2004, SPDC soldiers from the Military Intelligence unit stationed in Kho Lam village relocation site in Nam-Zarng Township arrested Zaai Phaw-Ka (male, age 35) from Kaad Lur village in the same township. When his family inquired as to his whereabouts sometime after the arrest, they were unable to obtain any information. Zaai Phaw-Ka has not been seen any time following his initial arrest. (Source: “Disappearance in Nam-Zarng,” SHRF Monthly Report, SHRF, November 2004)

 

On 4 December 2004, a patrol of approximately 20 soldiers from SPDC LIB 526 led by Captain Thein Win went to Sen Taw village relocation site and abducted villagers Lung Ta, Lung Aw-Ta and Khat-Ti-Ya. In Nam Tawng, their original village, Lung Ta was the former village headman and Lung Aw-Ta was the village secretary. The SPDC soldiers, who were dressed similarly to Shan soldiers and claimed to be Shan soldiers, took the 3 villagers into the forest and sent Khat-Ti-Ya back to the village to procure 350,000 kyat for Lung Ta’s release and 450,000 kyat for Lung Aw-Ta’s release. The 3 were released after 2 nights when Khat-Ti-Ya returned with the money. Despite the fact that the SPDC soldiers tried to pass as Shan soldiers, the villagers recognized them as local SPDC soldiers. (Source: “Villagers Taken Hostage, Money Extorted, in Murng-Nai,” SHRF Monthly Report, SHRF, April 2005)

 

On 21 December 2004, a patrol of about 30 soldiers from SPDC LIB 324 led by Captain Aung Naing Win came to the Palawng village, Loi Saai in Nawng Hee village tract, Murng-Nai Township. Pretending to be Shan rebel soldiers and claiming that the villagers had not provided rice for support, the troops arrested 3 villagers. The troops ordered each family in the village to pay 5,000 kyat in exchange for the release of the 3 villagers. The 81 families of Loi Saai village paid a total of 405,000 kyat. Thereafter, the soldiers killed 1 pig worth 32,000 kyat and weighing 40 viss and 1 cow worth 11,000 kyat, which had belonged to some of the villagers. Prior to departing, the soldiers removed their Shan rebel costumes and the villagers were able to see their SPDC uniforms. The 3 villagers who were arrested were:

  1. Paw Noi, male, age 56, village elder and consultant;
  2. Paw Awng, male, age 47, village headman; and
  3. Paw Saang Sawng, male, age 43, secretary of the headman.

(Source: “Villagers Taken Hostage, Money Extorted, in Murng-Nai,” SHRF Monthly Report, SHRF, April 2005)

 

Tenasserim Division

 

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

 

On 23 September 2004, Maj. Soe Win from SPDC LIB 559 under Operation Command 13 arrested machine boat owners Saw Lay Pwey and Saw Swee Swe from Thin-baw-eu village. He claimed that the 2 men were suspected and demanded that they provide 2 pigs weighing 100 kg. (Source: ABSDF, 2004)

 

3.16 Arrest and Detention of Foreigners

 

Nine Bangladeshi woodcutters arrested and detained

 

In the first quarter of 2004, Nasaka personnel arrested and detained nine Bangladeshi woodcutters who were cutting wood along the Bangladesh-Burma border. The nine woodcutters were from Upazilas of Cox’s Bazar, Ramu and Naikhongchari of Bangladesh. On 7 July 2004, they were sentenced to serve 3 years in Maungdaw jail. (Source: “Nine Bangladeshi Woodcutters Sentenced Three-Year Imprisonment by Court in Burma,” Kaladan News, 21 July 2004)

 

Six Bangladeshi fishermen detained in Burma

 

On 17 June 2004, a heavy storm in the Bay of Bengal near Saint Martin Island caused five Bangladeshi fishing trawlers to sink, killing 2 fishermen. Seven fishermen, however, managed to swim to the shore of Arakan State, Burma, where all except 1 were arrested by the Nasaka and detained in Maungdaw Town. One fisherman, Hafizullah, was able to abscond, temporarily staying in a village to receive medical attention, and return to Bangladesh on 23 June. When the Bangladeshi Rifles learned of the detention of the fishermen, a letter was written and sent to the Nasaka petitioning for the fishermen to be released. All from Mistri Para of Shafurir Dip, Teknaf, the 6 fishermen being detained were:

  1. Sayed Karim,
  2. Ziaur Rhaman,
  3. Noor Hossain,
  4. Altas Hossain,
  5. Mohammad Hossain and
  6. Rahim Ullah.

(Source: “6 Bangladeshi Fishermen Detained in Burma,” Kaladan News, 3 July 2004).

 

Two Bangladeshi woodcutters abducted and detained in Burma

 

On 16 August 2004, members of the Nasaka reportedly went into Reju-Amtoli in Bangladesh where they abducted and arrested 2 Bangladeshi woodcutters who had been searching for firewood. According to Kaladan News, the Nasaka officers took the woodcutters back to Burma and detained them there. The woodcutter’s families discovered the whereabouts of the woodcutters after they inquired with the Bangladeshi Rifles. Kaladan News reported that Nasaka officials frequently abduct and imprison woodcutters taking them from Bangladesh to Burma’s jails. Kaladan News estimated a total of 70 Bangladeshis remain in the prisons of Buthidaung, Maungdaw and Sittwe. (Source: “Two Bangladeshi Woodcutters Snatched By Burmese Border Security Force,” Kaladan News, 25 August 2004)

 

3.17 Appendix 1

 

CHAPTER XXXIX of the Criminal Procedure Code

 

Of Suspensions, Remissions and Commutations of Sentences

 

Section 401

 

(l) 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.

 

(2) Whenever an application is made to the President of the Union for the suspension or remission of a sentence. The President of the Union may require the presiding Judge of the Court before or by which the conviction was or has confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion, and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof  as exists.

 

(3) If any condition on which a sentence has been suspended or remitted 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 person in whose favor the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the un-expired portion of the sentence.

 

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favor the sentence is suspended or remitted, or one independent of his will.

 

(4A) The provisions of the above sub-sections shall also apply to any order passed by a criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property.

 

(5) Nothing herein contained shall be deemed to interfere with the right {- - - } of the President of the Union { - - - } to grant pardons, reprieves, respites or remissions of punishment.

 

(5A) Where a conditional pardon is granted { - - - } by the President of the Union, any condition thereby imposed, of whatever nature, shall be deemed to have been imposed by a sentence of a competent Court under this Code and shall be enforceable accordingly.

 

(6) The President of the Union may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.

 

Omitted by the Union of Burma (Adaptation of Laws) Order, 1948.

For such rules, see Burma Gezette, 1941, part 1, p.106.

 

(Source: AAPP, 2004)

 

3.18 Appendix 2

 

List of Political Prisoners Released in 2004

 

No

Name

Organization

Address

Prison

Arrest date

Release date

1

Aung San      

Member of NLD Youth

Mdy Div

 

 

Released

2

Bar Bar    

NLD MP, Myinmu-1, Sag Div, Chairman of Sag Div NLD

Sag Tsp, Sag Div

Shwebo

 

16 Jan 2004

3

Bo Maung 

NLD MP Dapayin-1, Sag Div

Dapayin Tsp, Sag Div

Shwebo

 

Released

4

Hla Myint, Dr 

Member of NLD 

Amarapura Tsp, Mdy Div

Shwebo

 

16 Jan 2004

5

Hla Soe Nyunt, Dr.

NLD MP (Singaing-2), and Mdy Division Organizer

Mdy Div

 

 

Released

6

Myint Wai 

Member of NLD

Yenangyaung Tsp, Magwe Div

 

 

Released

7

Moe Shwe Oo

NLD youth

Shwebo Tsp, Sagaing Div

Shwebo

 

25 April 2004

8

Paw Khin     

NLD MP Myingyan-1

Myingyan Tsp, Mdy Div

Kale

 

16 Jan 2004

9

Saw Hlaing    

NLD MP

Indaw Tsp, Sag Div

Shwebo

 

16 Jan 2004

10

Than Shwe

 

Monywa Tsp, Sag Div

Monywa prison

 

30 May 2004

11

Tin Aung Aung  

NLD MP Mdy North-west-1, NLD Divisional organizer

Mdy North-west, Mdy Div

Kale

 

16 Jan 2004

12

Tin Htut Oo    

NLD MP from Lewe Constituency 1, Mdy Div

Lewe Tsp, Mdy Div

Kale

 

16 Jan 2004

13

Tun Myaing   

Joint Secretary, Sag Div NLD

Sag Div

Shwebo

 

16 Jan 2004

14

Win Aung Dr     

Member of NLD, Amarapura Tsp

Amarapura Tsp, Mdy Div

Shwebo

 

16 Jan 2004

15

Win Mya Mya (F)    

NLD Mdy Division Organizer

Mdy Div

 

 

16 Jan 2004

16

Ye Myint Aung     

Member of NLD Mdy North East

Mdy North-east Tsp, Mdy Div

Shwebo

 

16 Jan 2004

17

Zaw Moe (aka)Zaw Wana

NLD Supporter

Kyi village, Dapayin Tsp

Shwebo 9 years 3 Month

 

25 April 2004

18

Thike Ngwe

NLD Supporter

Kyi village, Dapayin Tsp

Shwebo, 7 Years

 

25 April 2004

19

Hteik Minn

NLD member

Kyi village, Dapayin Tsp

Shwebo, 7 Years

 

25 April 2004

20

Tin Aung Lwin 

NLD member

Kyi village, Dapayin Tsp

Shwebo, 7 Years

 

25 April 2004

21

Tin Ko

NLD Youth member

Khin-Oo Township

Shwebo, 2 Years

 

25 April 2004

22

Win Maung

Vice chair of  Dapayin Tsp NLD

Dapayin Township

Shwebo, 2 Years

 

25 April 2004

23

Tin Hlaing

NLD member

Dapayin Township

Shwebo, 2 Years

 

25 April 2004

24

Hteik Than

NLD member

Dapayin Township

Shwebo, 2 Years

 

25 April 2004

25

Kyaw Shwe

NLD member

Ye-U Township

Shwebo, 1 Years

 

25 April 2004

26

Myint Zaw

NLD member

Ye-U Township

Shwebo, 2 Years

 

25 April 2004

27

Htun Htun Han

NLD member

Ye-U Township

Shwebo

 

25 April 2004

28

Aung Shwe

NLD, CRPP

Rgn Div

House Arrest

31 May 2003

13 April 2004

29

Lwin

NLD, CRPP

Rgn Div

House Arrest

31 May 2003

13 April 2004

30

Myint Thein

NLD MP Kyaikmaraw -1, Mon State

Rgn Div

 

 

15 July

31

Maung Maung Latt

NLD MP Thaketa-1, Rgn Div

Thaketa Tsp, Rgn Div

 

 

Released

32

Thein Zan

NLD MP Kawlin Constituency, Sag Div

Kawlin Tsp, Sag Div

 

 

15 July

33

Tun Tin

NLD Legal Advisor

 

 

 

Released

34

Win Ko

Member of NLD

Mogok Tsp, Mdy Div

 

 

Released

35

Wimala (aka) Yan Aung Soe

Buddhist abbot of Myauk-Kyaung Monastery

Kyiywa village, Dapayin Tsp, Sag Div

Shwebo Prison

9 Years and 3 months

 

25 April 2004

36

Kyee Nyo

Villager of Kyiywa

Kyiywa village, Dapayin Tsp, Sag Div

Shwebo Prison

7 Years

 

25 April 2004

37

Cho

Owner of NLD office where Daw Aung San Suu Kyi Lodged

Myitkyina Tsp, Kachin State

 

 

Released

38

Hla Seng

Chairman of Kachin State NLD

Kachin State

Myitkyina Prison

31 May 2003

16 Jan 2004

39

Ne Win

NLD secretaries

Kachin State

As above

31 May 2003

16 Jan 2004

40

Hlaing Zaw Win

NLD secretaries

Kachin State

As above

31 May 2003

16 Jan 2004

41

Mran Paukla

Lawyer, Legal adviser

Kachin State

As above

31 May 2003

16 Jan 2004

42

Kwanaw Sein

 

Kachin State

As above

31 May 2003

16 Jan 2004

43

Maran Po Thar

NLD member

Kachin State

-

-

16 Jan 2004

44

La Seng

Chairman of NLD Kachin State

Kachin State

As above

1 June

 

45

Hla Maung

POCL MP Kya-in-Seikkyi –1, CRPP member

Kya-in-Seikkyi Tsp, Karen State

-

3 June 2003

Released

46

Myint Kyi

NLD MP, Katha Constituency

Katha Tsp, Sag Div

-

3 June 2003

16 Jan 2004

47

San Linn

Mogok Tsp NLD Organizing committee chairman

Western Mogok Tsp, Mdy Div

-

3 June 2003

16 Jan 2004

48

Ko Oo

Mogok Tsp NLD Organizing committee vice-chair

Mogok Tsp, Mdy Div

3 years

3 June 2003

16 Jan 2004

49

Kyaw Din

Mogok Tsp NLD Organizing committee member

Mogok Tsp, Mdy Div

3 years

3 June 2003

16 Jan 2004

50

Bo Zan

NLD MP, Kyaukpadaung (1), Mdy

Kyaukpadaung Tsp, Mdy Div

 

5 June 2003

16 Jan 2004

51

Myo Thant

NLD Organizing Committee Member

Mdy Div

Monywa Prison

5 June 2003

6 June 2004

52

U Nyo

Vice Chairman of NLD Madaya Tsp, Mdy Div

Madaya Tsp, Mdy Div

3 yr & 3 months

22 June 2003

25 April 2004

53

Zaw Lin

NLD member

Madaya Tsp, Mdy Div

As above

22 June 2003

25 April 2004

54

Naing Than

NLD member

Madaya Tsp, Mdy Div

As above

22 June 2003

25 April 2004

55

Maung Soe

NLD member

Madaya Tsp, Mdy Div

As above

22 June 2003

25 April 2004

56

Tun Tun

NLD member

Madaya Tsp, Mdy Div

As above

22 June 2003

25 April 2004

57

Tint Zaw Htwe

NLD member

Madaya Tsp, Mdy Div

As above

22 June 2003

25 April 2004

58

Sein Tun

Chairman of NLD Singu Tsp, Mdy Div

Singu Tsp, Mdy Div

2 Years

28 June 2003

25 April 2004

59

San Oo Maung

Secretary of NLD Singu Tsp, Mdy Div

Singu Tsp, Mdy Div

As above

28 June 2003

25 April 2004

60

Hla Shwe

Member of NLD Singu Tsp

Singu Tsp, Mdy Div

As above

28 June 2003

25 April 2004

61

Thein Naing

Member of NLD Singu Tsp

Singu Tsp, Mdy Div

As above

28 June 2003

25 April 2004

62

Nyan Win Tun

 

Monywa Tsp, Sag Div

10 years

-

18 June 2004

63

Htet Aung

 

Monywa Tsp, Sag Div

Monywa Prison

(10 years)

-

6 June 2004

64

Ye Htut @ Tun Gyi

 

Monywa Tsp, Sag Div

10 years

-

18 June 2004

65

Kadei Soe

 

Monywa Tsp, Sag Div

10 years

-

18 June 2004

66

Change @ Brake Change

 

Monywa Tsp, Sag Div

3 years

-

30 May 2004

67

Ko Aung

 

Monywa Tsp, Sag Div

3 years

-

30 May 2004

68

Min Naing

NLD member

Monywa Tsp, Sag Div

Mandalay Prison

(7 years)

-

6 June 2004

69

Nyein Zaw oo @ Zaw Gyi

 

Monywa Tsp, Sag Div

7 years

-

18 June 2004

70

Chan Nyein Aung

 

Monywa Tsp, Sag Div

10 years

-

18 June 2004

71

Myo Aung

Ex-member of Student Union, NLD organizer

Khin-U Tsp, Sag Div

3 years

July 2nd week

25 April 2004

72

Tin Myint

NLD Vice Chairman

Kuanthaing village Khin-U Tsp, Sag Div

2 years

July 2nd week

25 April 2004

73

Saw Htun

Lawyer

North Koodo Ward, Monywa Tsp, Sag Div

2 years

c. 10 July

28 May 2004

74

Kan Tun

Secretary of Mdy Div NLD

Mdy Div

 

18 July 2003

16 Jan 2004

75

Ko Gyi

Treasurer of Mdy Div NLD

Mdy Div

 

29 July 2003

16 Jan 2004

76

Yu Lwin

Son of Daw Khin Htar Tin

Monywa Tsp, Sagaing Div

Mandalay Prison

(7 years)

5 August 2003

6 June 2004

77

Khin Htar Tin (F)

 

As above

Monywa Prison

9 August 2003

28 May 2004

78

Tin Ko

Former Member of CPB

As above

 

9 August 2003

 

79

Aung Than Min @ Pauktu

 

As above

Monywa Prison

-

6 June 2004

80

Chan Myai Aung

 

As above

As above

-

18 June 2004

81

Tun Zaw

 

As above

As above

-

6 June 2004

82

Han Moe Win

 

 

As above

 

6 June 2004

83

Myint Ngwe

NLD

Myaseinyaung campus, Yenangyaung Tsp, Magwe Div

 

21 January 2004

Released

84

Tin Maung Kyi

Member of NLD Organizing Committee

Kemmendine Tsp, Rgn

 

30 Jan 2004

12 Feb 2004

85

Myint Aye

Chair of NLD Organizing Committee

Kemmendine Tsp, Rgn

 

31 Jan 2004

12 Feb 2004

86

Aung Khin Bo

NLD chairman

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

87

Aung Khin

NLD EC member

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

88

Aung Myint

NLD EC member

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

89

Win Naing

NLD EC member

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

90

Mi Mi Sein (F)

NLD EC member

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

91

Khin Lay (F)

NLD EC member

Bogale Tsp, Irrawaddy

-

11 Feb 2004

13 Feb 2004

92

Khin Maung Chit

NLD EC member

Bogale Tsp, Irrawaddy

-

12 Feb 2004

13 Feb 2004

93

Maung Chan Thar Kyaw

Monywa 15 yrs old high school student

Monywa Central Burma

 

June 2003

26 Feb 2004

94

Myint Kyaw Oo

NLD Youth

Shwepyitha Tsp, Rgn Div

 

30 May 2004

7 June 2004

95

Myo Min Wai

As above

Shwepyitha Tsp, Rgn Div

 

30 May 2004

7 June 2004

96

Myo Min Soe

As above

Kamayut Tsp, Rgn Div

 

30 May 2004

7 June 2004

97

Myo Than Htike

As above

Tamwe Tsp, Rgn Div

 

30 May 2004

7 June 2004

98

Nay Soe

As above

Shwepyitha Tsp, Rgn Div

 

30 May 2004

7 June 2004

99

Myo Min Maung

As above

Yangon Tsp, Rgn Div

 

30 May 2004

7 June 2004

100

Kyaw Kyaw

As above

Dagon Myothit Tsp, Rgn Div

 

30 May 2004

7 June 2004

101

Than Win Aung

As above

Dagon Myothit Tsp, Rgn Div

 

30 May 2004

7 June 2004

102

Myo Min

As above

Mayangone Tsp, Rgn Div

 

30 May 2004

7 June 2004

103

Aung Khin

NLD Joint Secretary

Tannensary, Plaw Township

1 Years

     July 2003

   April 2004

104

Nai Lwin Nai

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

105

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

106

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

107

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

108

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

109

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

110

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

111

Unknown

NMSP

Ye Township Mon State

Moulmyine

29 June 2004

28 Sep 2004

112

Nyan Thaung

NLD

Myangaung

 

               1997

16-09-2004

113

Htay Kwe

student leader 8888

Yangoon

 

June 1991

26 October 2004

114

Ne Win Dr

Doctor

Rgn

10 Years

1989

01-Oct 2004

115

Min Ko Naing

Student leader

Akyab-Sittwe

1989-(16 yrs)

 

21 Nov 2004

116

Ohn Maung

NLD MP

Pegu Div

Insein

 

21 Nov 2004

117

Kyaw San

NLD MP

Sagaing

Insein

 

21 Nov 2004

118

Toe Po

NLD

 

Insein

 

21 Nov 2004

119

Aung Zin

NLD member

 

Insein

 

21 Nov 2004

120

Htay Myint

NLD member

 

Insein

 

21 Nov 2004

121

Yar Kyaw

Student

 

Mandalay

 

21 Nov 2004

122

Zaw Zaw Lin

Student

 

Mandalay

 

21 Nov 2004

123

Soe Than Maung Dr

Doctor

 

Mandalay

 

21 Nov 2004

124

Chit Ko

 

 

Mandalay

 

21 Nov 2004

125

Moe Kyaw

 

 

Mandalay

 

21 Nov 2004

126

Nyi Nyi Win

 

 

Mandalay

 

21 Nov 2004

127

Moe Zaw Tun

 

 

Mandalay

 

21 Nov 2004

128

Kyaw Win Swe

 

 

Mandalay

 

21 Nov 2004

129

Mya Thaung

 

 

Mandalay

 

21 Nov 2004

130

Ohn Mar (Female)

 

 

Mandalay

 

21 Nov 2004

131

Tin Mar Yi (Female)

 

 

Mandalay

 

21 Nov 2004

132

Myo Tun (a)  Hkun Seng Dr

Doctor

 

Shwebo

 

21 Nov 2004

133

Nyan Hla

-

 

Thayet

 

21 Nov 2004

134

Min Zaw Thein

 

 

Thayet

 

21 Nov 2004

135

Thet Naing

School teacher

 

Myikyina

 

21 Nov 2004

136

Aung Myo Tint

 

 

Myaungmya

 

21 Nov 2004

137

Reverend Ashin U Pinnya Zawta

Monk

 

Tharawaddy

 

21 Nov 2004

138

Myo Myint

 

 

Tharawaddy

 

21 Nov 2004

139

Myo Shwe

 

 

Tharawaddy

 

21 Nov 2004

140

Khin Maung Cho

 

 

Tharawaddy

 

21 Nov 2004

141

Mya Soe

 

 

Tharawaddy

 

21 Nov 2004

142

Sai Sithu

 

 

Tharawaddy

 

21 Nov 2004

143

Kyi Soe

 

Mogaung

Myikyina

 

26 Nov 2004

144

Lin Ko

 

Rgn

Myikyina

 

26 Nov 2004

145

Sein Ohn

Photographer

 

Mandalay

 

26 Nov 2004

146

Naing Myint

 

 

Mandalay

 

26 Nov 2004

147

Sein Myint

 

 

Mandalay

 

26 Nov 2004

148

Khin Mayng Win

NLD

 

Moulmyine

 

26 Nov 2004

149

Kyaw Thet Aung

 

 

Shwebo

 

26 Nov 2004

150

Thaung Lwin

NLD

 

Lashio

 

26 Nov 2004

151

Khaing Myint

 

 

Pegu

 

26 Nov 2004

152

Myat Bo

 

 

Pegu

 

26 Nov 2004

153

Aung Myint Oo

 

 

Pegu

 

26 Nov 2004

154

Aung Moe

 

 

Pegu

 

26 Nov 2004

155

Tun Myint

NLD

 

Insein

 

26 Nov 2004

156

Lay Naing

 

 

Katha

 

26 Nov 2004

157

Thu Wai

 

 

Insein

 

12 Dec 2004

158

Htwe Myint

 

 

Insein

 

12 Dec 2004

159

Khin Maung Than

 

 

Insein

 

12 Dec 2004

160

Aung Thein

 

 

Insein

 

12 Dec 2004

161

Kyaw Naing Oo

 

 

Insein

 

12 Dec 2004

162

Kyaw San Hlaing

 

 

Insein

 

12 Dec 2004

163

Kyaw Sein Aung

 

 

Insein

 

12 Dec 2004

164

Mya San Htoo

 

 

Insein

 

12 Dec 2004

165

Unknown

Teacher

 

Insein

 

12 Dec 2004

166

Thaung Aue

NLD

South Oaklapa

Thayet

 

12 Dec 2004

167

Aung Naing (a) Saw Tin Soe

KNU

 

Thayet

 

12 Dec 2004

168

Zaw Myo Tun

University Student

 

Thayet

 

12 Dec 2004

169

Than Zaw

 

 

Mandalay

 

12 Dec 2004

170

Tun Oo

 

 

Mandalay

 

12 Dec 2004

171

Tin Win

 

 

Mandalay

 

12 Dec 2004

172

Nyi Nyi (a) Jay Ei

 

 

Mandalay

 

12 Dec 2004

173

Aung Moe

 

 

Myinchan

 

12 Dec 2004

174

Aung Zaw Oo

Dagon university student

 

Thayawaddy

 

12 Dec 2004

175

Thein Lat

 

 

Thayawaddy

 

12 Dec 2004

176

Zaw Than

 

 

Thayawaddy

 

12 Dec 2004

177

Aung Kyaw Tun

 

 

Thayawaddy

 

12 Dec 2004

               

 

(Source: “Update Situation on Political Prisoners in Burma,” NCGUB, 7 January 2005)

 

3.19 Appendix III

 

List of Political Arrests in 2004

 

No

Name

Organization

Case

Prison

Arrest date

Release date

1

Myint Ngwe *

NLD

For distributing anti-HIV/AIDS leaflets

 

21 January 2004

Released

2

Mya, U

Vice chair of NLD Organizing

Arrested by MI,

 

Jan 2004

 

3

Maung Maung Kyaw Aye

Member of NLD Organizing Committee

As above

 

Jan 2004

 

4

Tin Maung Kyi *

Member of NLD Organizing Committee

As above

 

30 Jan 2004

12 Feb 2004

5

Myint Aye *

Chair of NLD Organizing Committee

As above

 

31 Jan 2004

12 Feb 2004

6

Aung Khin Bo*

NLD chairman Bogale Township

For distributing the Union day Statement

-

11 Feb 2004

13 Feb 2004

7

Aung Khin *

NLD Executive Committee member 

As above

-

11 Feb 2004

13 Feb 2004

8

Aung Myint *

NLD Executive Committee member 

As above

-

11 Feb 2004

13 Feb 2004

9

Win Naing *

NLD Executive Committee member

As above

-

11 Feb 2004

13 Feb 2004

10

Mi Mi Sein (F) *

NLD Executive Committee member

As above

-

11 Feb 2004

13 Feb 2004

11

Khin Lay (F) *

NLD Executive Committee member

As above

-

11 Feb 2004

13 Feb 2004

12

Khin Maung Chit *

NLD Executive Committee member

As above

-

12 Feb 2004

13 Feb 2004

13

Kyaw Zeya

Student Dagon University

For wearing Penni Type Shirt

-

13 March 2004

 

14

Unknown

Student

As above

-

13 March 2004

 

15

Unknown

Student

As Above

-

13 March 2004

 

16

Unknown

Student

As Above

-

13 March 2004

 

17

Unknown

Student

As Above

-

13 March 2004

 

18

Salin

NLD member

-

2 Years

15 March 2004

 

19

Maung Maung Latt 

 

Having communication with illegally banned political organizations

12 Years (sentenced on 2004 May 7)

 

 

20

Paw Lwin 

 

As above

12 Years (sentenced on 2004 May 7)

 

 

21

Ne Min 

Former Political Prisoner

As above

15 Years (sentenced on 2004 May 7)

 

 

22

Ye Thiha 

Ex-member of ABSDF, Former Political Prisoner

As above

7 Years (sentenced on 2004 May 7)

 

 

23

Ne Lin Aung (aka) Yan Naing

Office manager of Amyin Thit Media Agency, a member of ABFSU

As above

22 Years (sentenced on 2004 May 7)

 

 

24

Myint Kyaw Oo *

NLD Youth

For distributing Human Rights Declaration Pamphlet

 

30 May 2004

7 June 2004

25

Myo Min Wai *

As above

As above

 

30 May 2004

7 June 2004

26

Myo Min Soe *

As above

As above

 

30 May 2004

7 June 2004

27

Myo Than Htike *

As above

As above

 

30 May 2004

7 June 2004

28

Nay Soe *

As above

As above

 

30 May 2004

7 June 2004

29

Myo Min Maung *

As above

As above

 

30 May 2004

7 June 2004

30

Kyaw Kyaw *

As above

As above

 

30 May 2004

7 June 2004

31

Than Win Aung *

As above

As above

 

30 May 2004

7 June 2004

32

Myo Min *

As above

As above

 

30 May 2004

7 June 2004

33

Hla Su (F)

Student

Solo protest in front of Town Hall

 

30 May 2004

 

34

Than Than Htay (F)

NLD

 

7 years

-

 

35

Tin Myint

NLD

 

7 Years

8 June 2004

 

36

Thet Lwin

Student

 Went to Dassk house with foreigners

7 Years

February 2004

 

37

Nai Lwin Nai

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

38

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

39

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

40

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

41

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

42

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

43

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

44

Unknown*

NMSP

Organizing people

Moulmyine

29 June 2004

28 Sep 2004

45

Ma Ye Ye Win

NLD

Supporting to go people in exile

7 Years

27 July  2004

 

46

Unknown

 

Supporting to go people in exile

Rgn- Police station

27 July  2004

 

47

Unknown

 

Supporting to go people in exile

Rgn- Police station

27 July  2004

 

48

Ye Myint

NLD vice chairman

Failure to inform the authorities

Pha-an prison (7 dayas)

27 July 2004

 

49

Phoe Thee

NLD

Dapayin Case

 

05 August 2004

 

50

Than Lone

NLD

Dapayin Case

 

05 August 2004

 

51

Than Htay

NLD- MP

Selling imported goods

Detention

16 August 2004

 

52

Aung Kyin

NLD-MP

 

Detention

16 August 2004

 

53

Kyaw Naing Tun

NLD (Chairman)

Quarrel with Neighbor

7 Years

 

 

54

Tin Myint

NLD

lottery

 

 

 

55

Khin Maung Latt

NLD

concerning Dassk trip

2 years

 

 

56

Than Aung

NLD

Video act (announcing Dassk trip)

3 years

 

 

57

Mahn Aye

NLD

escaping from Dapayin massacre

hard working

 

 

58

Unknown

NMSP

Accused of fighting with NMSP splinter group

 

14 Sep 2004

 

59

Unknown

NMSP

Accused of fighting with NMSP splinter group

 

14 Sep 2004

 

60

Unknown

NMSp

Accused of fighting with NMSP splinter group

 

14 Sep 2004

 

61

Thet Way

NLD (chairman )

Related with Aung Than protest

 

23 Sep 2004

 

62

Aung Than

Ex-Political Prisoners

Protesting at UNDP office in front

2 years

23-Sep 2004

 

63

Han Sein

NLD

charged with distributing leaflets and documents

 

5 Nov 2004

 

64

Win Maung

NLD

charged with distributing leaflets and documents

 

5 Nov 2004

 

65

Than Htut

NLD

charged with distributing leaflets and documents

 

5 Nov 2004

 

66

Khin Ngwe

NLD

For solo protest in front of Rgn City Hall

 

27 Nov 2004

 

67

Aung Khin Bo

NLD chair

For  preparation National Day

Pya Pon

6 Dec 2004

 

68

Aung Htay

NLD Secretary,

For  preparation National Day

Pya Pon

6 Dec 2004

 

69

Khin Maung Chit

NLD Joint-Secretary

For  preparation National Day

Pya Pon

6 Dec 2004

 

70

Thet Tun

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

71

Meet Meet Sein (F)

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

72

Khin Lay (F)

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

73

Hnin Si (F)

NLD village organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

74

Nyein Tun

NLD village organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

75

Tin Oo

NLD village organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

76

Saw Van Kuu

NLD village organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

77

Aung Myint

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

78

Win Naing

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

79

Hla Myint

NLD organizer

For  preparation National Day

Pya Pon

6 Dec 2004

 

80

Tun Lin Kyaw

NLD

A peaceful solo protest in front of the Rgn city hall

 

14 Dec 2004

 

81

Ba Myint

NLD Chairman of the Ahlon Township

For distributing human rights educational leaflets

 

19 Dec 2004

 

82

Theigi (Female)

NLD South Dagon Township member

as above

 

19 Dec 2004

 

83

Aung Moe San

NLD

as above

 

19 Dec 2004

 

84

Ba Tint

NLD

as above

 

19 Dec 2004

 

85

Khin Kyaw

NLD

-

 

22 Dec 2004

 

 

(Source: “Update Situation on Political Prisoners in Burma,” NCGUB, 7 January 2005)

 

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Facts on Human Rights Violations