(II) ARBITRARY DETENTION AND ENFORCED
OR INVOLUNTARY DISAPPEARANCES
2.1. Background
Some 2,000 prisoners detained under SLORC’s emergency regulations have reportedly been released since April 1992, but it was not clear that the majority had been detained on political charges nor could most of the releases be verified. As their names have not been published, precise estimates are impossible.
At least 1,000 political prisoners remain in detention, including students, monks, National League for Democracy (NLD) members and 16 members of the parliament elected in May 1990. Diplomats estimate there are between 1,000-3,000 dissidents still in jail. Though the International Committee of the Red Cross (ICRC) has reached agreement to organise training programmes for the Burmese military, ICRC has no access to prisoners and is unable to provide their usual range of humanitarian services. According to the first hand interviews with the ex-prisoners, various forms of physical and psychological torture are routinely practised in the Burmese prisons. ICRC announced on 16 June 1995 that it would close its office in Rangoon the following month due to the failure of negotiations with SLORC on allowing the ICRC regular and confidential access to prisoners.
Severe restrictions on freedom of the press, assembly and association and harsh sentences to political dissidents have created an overall climate of fear and intimidation.
2.2. SLORC’s Latest Political Detainees
2.2.1. On 20 February 1995, several students were immediately arrested during the funeral procession of former prime minister U Nu when they began singing a pro-democracy anthem, Kaba Ma Kye Bu (“The World Wont’t Forgive”). On 28 April, nine of those arrested, including three female students, were sentenced to seven years in prison under Section 5 (j) of the 1950 Emergency Provisions Act. They were Maung Maung Oo, Moe Myat Thu, Moe Maung Maung, Aung Zeya, Maung Nyunt, Tin Than Oo, Ma Aye Aye Moe, Ma Moe Kalayar and Ma Cho Nwe Oo. All of them were jailed in Insein Prison. Two other students were sentenced in absentia to 20 years imprisonment by that special tribunal. [Source: AI, Inside source]
2.2.2. On 24 March 1995, six more students were arrested in Rangoon for allegedly obstructing soldiers preparing a route to the Shwedagon Pagoda three days before Armed Forces Day. [Inside source]
2.2.3. On 2 June 1995, SLORC again detained NLD Chairman U Kyi Maung, who was released in March 1995, along with U Thu Wai (former Chairman of now-defunct Democracy Party), U Tun Shwe, Dr Tha Hla and U Aye Maung, who were in their late sixties, at Dr Tha Hla's residence. The detention took place shortly after U Kyi Maung held talks with the British Ambassador to Burma, who was to return to London. U Kyi Maung's meeting with others dissidents were also critical of the regime, leading him subject to detention and interrogation. U Kyi Maung was released on condition that he would not become involved in any political activity. The sources in Rangoon reported that they met every week at Dr Tha Hla's house and talked then proceeded to Shwedagon Pagoda to pray. Moreover, the sources added that they did regularly, but no political motivation.
Later on U Thu Wai, U Tun Shwe and Htwe Myint were sentenced to seven years' term after a summary trail. They were sent to Insein prison in Rangoon, where political prisoners are generally not given access to proper medical treatment and are sometimes held in solitary confinement. [Source: AI, Inside source]
2.2.4. On 27 September 1995, a student, Ye Htut, was arrested for having sent information to Burmese abroad. In January 1996, he was sentenced to seven years' imprisonment. All of these people were tried under Section 5 (j) of the 1950 Emergency Provisions Act for “spreading false news about the government.” [Source: AI, HRW/A, Inside source]
2.2.5. On 6 November 1995, Ko Khin Tun who was in charge of the youth wing of the Pegu Division NLD was arrested. On going to visit a friend serving a sentence in Insein jail he had taken a photograph of the said friend whom he saw labouring at a vegetable plot outside the jail compound. Ko Khin Tun was charged under Section 5 (d) and Section 42 (prison regulations act.) He was not allowed any contact with his family. Although he asked for the services of a lawyer from the time he was first tried, his request was not granted. Only 70 days later, on 17 January 1996, the last day of his trial, he was permitted the services of a lawyer. On that day, the crucial evidence, the film concerned, could not be produced. Nor was the member of the prison staff who was the principal witness for the prosecution present for cross examination. Further, Ko Khin Tun was not given adequate opportunity to defend himself. He was sentenced to four years and three months imprisonment. [Source: NLD]
2.2.6. On 18 November, three NLD members (U Thein Nyunt, Ko Toe Aung and Ko Myo Zaw), among the crowd which gathered to listen to Daw Aung San Suu Kyi’s speech, were arrested under accusation of trying to remove barbed wire barricades placed to regulate traffic in front of Daw Aung San Suu Kyi's house and charged under Section 353, obstructing a public servant in the performance of his duties. Although the evidence of the witnesses for the prosecution made it clear that the said section of the law was not applicable in this case they were each given two days later the maximum penalty of two year’s imprisonment. [Source: NLD]
2.2.7. On 16 December 1995, U Sein Hla Aung, 45 years, an NLD member from Mandalay was arrested for distributing the video tapes of Daw Aung San Suu Kyi’s speeches, delivered on every weekends. A few days later Zaw Zaw Myaing, 30 years, a video tape renter from Mandalay, was also arrested under the same allegation of violating the Video Act. U Sein Hla Aung was sent to the court on 29 December. Both of their next hearing was scheduled on 11 January 1996. On 15 March, U Sein Hla Aung was sentenced to three years' imprisonment while Zaw Zaw Myaing was to serve two years with labour. [Source: NLD]
2.2.8. Following the visit of Prof Yozo Yokota to Burma in October 1995, 28 political prisoners, including U Win Tin, Secretary of the NLD, who has been suffering from severe spondilytis; Monywa Tin Shwe, a lawyer and member to the NLD central committee; Myo Myint Nyein; Dr Myint Naing (elected representative from Kantbalu Constituency-2 in Sagaing Division); and Saw Naing Naing (elected representative from Pazundaung Township in Rangoon Division); Dr Zaw Myint Maung (elected representative from Amarapura Constituency-2 in Mandalay Division); Dr Khin Zaw Win (dental surgeon who was arrested on 2 June 1994 at Mingaladon Airport as he was about to board a plane to Singapore); and Moe Zaw Oo who are currently serving long prison sentences in Insein jail have been charged with committing additional offences while in prison and trials have been conducted within the jail precincts since November. During the second week of November 1995, they were put incommunicado in "police dog cells" as a form of punishment under accusation of providing information on prison conditions to the UN Special Rapporteur. Attempts to provide legal assistance for them has not been permitted. Moreover, there has been reports of another seven years sentence to them, of which it is identified that Saw Naing Naing, Dr Zaw Myint Maung and Myo Myint Nyein. Since then, their situation has been deteriorating. [Source: Inside Sources; AI, H
2.3. Situation of Dr Ma Thida
The health situation of imprisoned Dr Ma Thida, a medical doctor and short story writer, who has been sentenced to 20 years imprisonment in Burma’s jail since August 1993 for her non-violent expression of beliefs and association with an opposition political party, is declining. It is reported that Dr Ma Thida has been suffering from tuberculosis and a series of small ovarlan tumours.
Dr Ma Thida was among the many health professionals who treated those injured during the pro-democracy demonstrations in 1988. She was tried under the 1957 Unlawful Associations Act, the 1950 Emergency Provisions Act, and the 1962 Printers’ and Publications’ Act. She is currently being held in Insein prison.
She has reportedly been diagnosed with tuberculosis and was admitted to the hospital in mid-June 1995. There is great concern for her health, because the medical provisions in Insein prison are poor. In addition, it has been reported that she has been held in solitary confinement throughout her imprisonment. [Source: Inside Source]
2.4. Student Put in Solitary Confinement
A Burmese student, Maung Myat San, a member of Three Colour Flag group (former personal bodyguard group of Daw Aung San Suu Kyi) and NLD youth member, who has been serving his 7 years prison term in Insein jail wrote a letter to Daw Aung San Suu Kyi after her release in July 1995.
Unfortunately, that letter was seized by the prison authorities at the gate of the main jail and the warder who took out that letter was dismissed and sentenced to 5 years imprisonment with hard labour. Maung Myat San was put in tiny cell for solitary confinement for 5 months. [Source: ABSDF]
2.5. Contribution to Political Prisoners Confiscated
After her release from house arrest, Daw Aung San Suu Kyi has organised a Committee to provide assistance to political prisoners in different jails in Burma. She then contributed 1,000 Ks including a towel and necessary medicines for each political prisoner.
The Committee provided assistance for the poor family members of the political prisoners. There are some 2,000 political prisoners still detained in the different prisons in Burma. She also provided the assistance to the poor family members of the political prisoners, particularly, 5,000 Ks each to the family members of the political prisoners who died in the prisons while serving their terms.
Family members of the following three prisoners have been well received the assistance.
NAME CHARGED BY THE SLORC DIED
1. U Tin Maung Win Action was taken against him on 21.11.90 18.1.91
51 years under section 212(l) and 124 of the penal Insein Prison
MP of NLD code for his involvement in attempting to
form a parallel government
2. U Thaw Ka sentenced to 20 years imprisonment on 11.6.91
62 years 5.11.98 under section 5(a) and (b) of Insein Prison
Former Major in the 1950 emergency act provisions Act
Burma Navy and for organising and exhorting the
Tatmadaw famous author personnel from
the Navy to dissociate from the combined
armed forces.
3. U Maung Ko A member of the NLD HQs. Detained for 9.11.90
50 years his involvement in attempting to form a Insein prison
parallel government.
2.5.1. Others Died in the Prisons
(SLORC presentation to UN special rapporteur Mr. Yozo Yokota in November, 1994)
1. U Zaw Ti Ka Sentenced to three years imprisonment 18.11.92
60 years on Feb 8 under section 5(j) of the 1950 Insein Prison hospital
Buddhist Monk
emergency act and under section 295 of
the penal code for involvement in a strike
organized by the monks.
2. Khin Maung Myint sentenced to 10 years imprisonment on 16.2.93
64 years 6.11.89 under section (5) of the 1950
Emergency Act and section 17 of the 1908
Unlawful Association Act involvement in
the under ground movement of the BCP
3. Kyaw Myo Thant A member of DPNS sentenced to one years 20.5.90
(a) Japan Gyi imprisonment under section 505(b) of Maubin prison
25 years the penal Code on 7.11.89 for distributing
illegal leaflets
4. Sow Win Sentenced to 20 years imprisonment on 3.5.91
72 years 6.11.89 under
section 5(j) of the 1950 Insein Prison hospital
Emergency Act and section 17 of the 1908
unlawful Association Act for involvement
in the underground movement of BCP.
5. Nyo Win Charged on 18.7.89 under section 19(a) of 8.3.91
58 years the Unlawful Association Act for circulating Insein disinformation and distributing illegal prison leaflets.
6. Khin Maung Sentenced on 2.11.89 to five years 7.3.90
(a) Bo Set Yaung imprisonment under section 5 (j) of the 1950 Insein Prison hospital
Emergency Act and section 17 of the 1908
Unlawful Association Act for involvement in
the underground movement of BCP.
7. Man Dar Weit Sentenced to eight years imprisonment on 12.7.92
55 years
27.11.89 under section 17(2) of the 1908 Unlawful
Association for seeking assistance from KNU insurgents
8. Mohammed Ilyas Detained for having laid explosive mines 23.6.92
(a) Maung Nyo near the Golf club at Maung Daw Maung Daw jail
2.5.2. Others not Presented by SLORC to the Special Rapporteur
1. U Sein Win lived in Thone Khwa township in Rangoon January, 1991
54 years
2. U Thar Htun A well-known history expert in Araken and August, 1990
82 years a member of ALD(Arakan League for
Democracy) was arrested on 7.5.90 and
sentenced to three years Imprisonment under
section 5 (j) of the 1950 emergency act
3. Ko Kyaw Win arrested in June, 1989 and was detained in early, 1990
30 years without trial and sentence Mandalay Prison
4. Ko Than Win a member of NLD at Maubin township was
arrested and detained at Tharrawaddy Unknown
5. U David arrested in 1988 2.8.92
58 years
6. U Aye Lwin sentenced to death penalty under fighting December, 92
38 years against the Thingangyun police station Insein Prison
7. Maung Aing Ko Workers College Union 13.10.93
31 years Tha Yet Prison
9. Ko Soe Htay a member of NLD was arrested on 12.4.91 16.4.91
19 years
10. Ko Kyaw Soe arrested in January, 1989 two day after the arrest
22 years
11. Ko Zaw Win Htun university student was arrested on 30.12.89
21 years 2.10.88
(4th year, Physics)
12. Ko Ne Win Aung fled to Thai border and returned Burma a few days
22 years in 1988 under SLORC amnesty and after the
arrested a few days later in Rangoon arrest in Insein Prison
13. Ko Hernit A Muslim fled to Thai border and returned Insein Prison
21 years under the SLORC’s amnesty was arrested
14. Ko Aung Moe Fled to Thai border and returned under after the arrest
SLORC’s amnesty and arrested Insein prison
All Daw Aung San Suu Kyi’s assistance to the political prisoners in August 1995 were confiscated by the prison authorities at the prisons according to the order from the superior. It was first allowed by the Col Kyaw Win, Deputy Director of Defence Service Intelligent of SLORC, who passed the oral message of Gen Than Swe for unconditional release of Daw Aung San Suu Kyi on 10 July and has frequently visited her residence since then. [Source: ABSDF]
[See also under “Personal Accounts”, interview 1-10, 16-21, 25, 28, 30, 37-39, 41-48, 51-52, 56, 59-62, 64-70, 86, 89, 104, 107-108, 110, 118, 134, 136-138, 140-141, 143-144, 152, 155, 183-187, 193-194, 196-197, 201, 218, 221, 225, 228, 232, 242-243, 246, 248, 252-253, 255, 264, 289, 291-292, 299, 305-306, 309]
2.6. List of incidents
2.6.1.At night on 2 March 1995, a group of armed people from DKBA entered Maw Lu Khaw Refugee Camp, located near Mae Tha Wah village, Tha Song Yang District of Tak Province, Thailand, and then arrested Maj Jaw Lay (65), who retired in the refugee camp. The victim was beaten and taken to Mae Tha Wah. His family was asked by a SLORC officer to come and meet Maj Jaw Lay at Mae Tha Wah on 4 March. His children and son-in-law who went to meet him on that day were also arrested and taken to Pa-an. [Source: KNU]
2.6.2. The naval officials from Hai Gyi Naval Base detained about 300 skilful carpenters on Hai Gyi Island against their will after seizing their Identity Cards. Originally, they were recruited from the Rangoon area since 18 March 1995 with the incentive offering of 20% more wages than in Rangoon. Actually, on the island the wages changed to 65% less than normal wages plus a small amount of rice. [Source: ABSDF]
2.6.3. At 12:30 p.m. on 24 March 1995, a group of young Burmese swore and fought back a SLORC security unit (Lon Htein) who secured the marching route for the Golden Jubilee of Armed Forces Day Celebration at the southern entry to Shwedagon Pagoda at Pha Ya Gyi Quarter of Dagon Township in Rangoon Division. Six of them — Bo Bo (son of U Win Aung), Thant Zin (son of U Kyi Oo) and Win Thant, Win Zaw, Aung Naing Oo and Saw Naung (all are sons of U Than Yee) — were arrested after the clash with the police. All of them were charged with attacking the security forces. [Source: Inside source]
2.6.4. In April 1995, SLORC troops from IB 67 raided Warn Nam Lin village, Mong Heng village-tract, Mong Yang Township in Northern Shan State. The abbot of Nai Pu Monastery in Mong Heng was captured by SLORC troops who put him in Mong Yang jail for three days and then transferred him to Lashio prison. They accused him of being a supporter of MTA. [Source: S.H.A.N]
2.6.5. In May 1995, abbot U Wi Mar La (36) from Kyat Chaung village, Kyun Su Township in Tenasserim Division, was arrested at Mergui Airport by No. 19 Military Intelligence Unit while he was going to leave for Rangoon to ask the Higher Monks Body about the case of one of his friends, whose gold and jewellery was seized by the military. U Wi Mar La has been detained in Mergui Township until now without any official charges nor trial. [Source: ABSDF]
2.6.6. On 4 May 1995, Coy 1 from Mong Pan-based SLORC LIB 520 arrested Loong Kan, the village headman of Mai Poke village in Mong Pan Township, and ordered the villagers to pay one cow or 20,000 Ks for his release. The headman was released only after the villagers handed over a cow. [Source: S.H.A.N]
2.6.7. On 7 July 1995, Warrant Officer Aung Bo, camp commander from IB 17, summoned Maung Myint Lwin (20, son of U Ba Aye) from Thein Doh village in Tenasserim Township and detained him without any reason. He did not ask any questions, he just aimed his carbine rifle at Maung Myint Lwin’s head and opened fire. But his carbine misfired. Aung Bo was embarrassed and angry because there were soldiers watching. Thus he grabbed a domestic cat and killed it with his foot. On 8 July, the village headman of Thein Doh pleaded Aung Bo for the release of Maung Myint Lwin and he was set free. [Source: KHRG]
2.6.8. On 24 July 1995, SLORC IB 92 arrested Maung Thaung Han (21, son of Ba Chit), from Ta Rweh Kee village,Thaton District, and tortured him severely. He has still not been freed. [Source: KNU]
2.6.9. On 26 July 1995, SLORC troops from Mong Pan-based LIB 520 under the command of Maj Kyi Lin came and arrested Pu Heing Yi Kham (headman of Pung Kur village, Nong Yang village-tract, Mong Pan Township) at a new quarter, east of the town. They abused him and asked him about rebel activities and locked him up without any charge. After a day and a night, he managed to escape and flee to Thailand. [Source: S.H.A.N]
2.6.10. For the Sixth Student Sports Festival (5-15 December 1995), SLORC tightened security measure by reinforcing their troops in Loikaw and arrested some youth. From the first week of September 1995, SLORC deployed five battalions there and arrested about 50 youth and students. Among the victims were, Maung Taw, a high school student from No. 1 State High School in Loikaw. All of them were detained without any charges till the festival was over. [Source: ABSDF]
2.6.11. On 11 September 1995, 18 people who returned from buying goods in Mae Sai were arrested by No. 3 Sensai ferry, at Maka Ho Kham Quarter, Tachilek Township in Eastern Shan State. They were refused bail, sentenced to one month imprisonment on 13 September and then sent to Kengtung. [Source: S.H.A.N]
2.6.12. On 26 October 1995, SLORC Lt Min Kyan Ta, commander of Lailenpi post, Matupi Township, arrested Pu Mase, chairman of Hloma Village Council, with suspicion of a sympathiser to CNA. He was detained in the Lailenpi jail for three days without being giving any food. And later, Lt Minn Kyn Ta charged 10,000 Ks to set him free. Each household in Hloma had to contribute money to pay for this, because Pu Mase was a simple subsistence farmer and he had no way to pay it. [Source: Independent Chin Report]
2.6.13. Farmers arrested
Local SLORC officials in Kyaiklat Township, Irrawaddy Division, ordered the people there to sell their crops to the government. In June 1995, 150 farmers were arrested for failing to sell their quota fixed by the officials. The farmers didn’t want to sell their rice to the government because of low prices compared with that of the market. As the detention cell was crowded, some were kept in garages and offices. Since they were not fed, their family members had to send food. Some fled from arrest and hid in the nearby forest. [Source: ABSDF]
o0o
I. Extra-judicial, Summary or Arbitrary Executions
II. Arbitrary Detention and Enforced or Involuntary Disappearances III. Rights of Child
IV. Forced Labour and Slavery V. Forced Relocation and Internally Displaced Persons
VI. Deprivation of Livelihood VII. Minority Protection
VIII. Torture and Other Cruel, Inhuman, Degrading Treatment or Punishment
IX. Freedom of Belief: Discrimination Against the Right to Practice Religion and Intolerance
X.
Freedom of Opinion and Expression XI.
Freedom of Assembly and Association XII.
Freedom of Movement
XIII.
Abuse of Women XIV.
The Refugees Situation and Forced Repatriation