AMNESTY INTERNATIONAL



Myanmar

Myanmar’s Political Prisoners: A Growing Legacy of Injustice

 

16 June 2005

 AI Index: ASA 16/019/2005

Introduction

Amnesty International is concerned that prisoners of conscience continue to be arrested and imprisoned in Myanmar solely on account of their peaceful exercise of the rights to freedom of expression, association and assembly.   They are a human legacy of authorities’ long-standing misuse of the justice system as a tool of political repression, and a means to restrict rather than protect the peaceful exercise of basic human rights. The State Peace and Development Council continues to abuse the justice system, impede the rule of law and the enjoyment of basic political freedoms in the country, and human rights in Myanmar generally. A list of prisoners of conscience and possible prisoners of conscience follows this introduction. 

This report updates earlier reports listing prisoners of concern to Amnesty International in December 2004[1] and April 2001[2], and reiterates the organization’s long-standing concerns on the administration of justice[3] in the country, and the treatment of more than 1,350 political prisoners who have been sentenced for political offences. 

Amnesty International is also concerned that arrests and harassment of members and activists of registered political parties are increasing the numbers of people wrongfully deprived their liberty, solely on the basis of their peaceful political activities. Authorities are reported to have threatened individuals in 2005 that should they engage in politics they may face long terms of imprisonment. The SPDC has failed to release prominent political prisoners, including Daw Aung San Suu Kyi General Secretary of the National League for Democracy and U Tin Oo, vice Chairman of the National League for Democracy. They have been detained without charge or trial since they and other NLD members were subjected to a violent government-sponsored attack on 30 May 2003[4]. They, like many of the other prisoners of conscience currently imprisoned, have been in and out of detention or prison for political reasons since 1989. Daw Aung San Suu Kyi, who turns 60 on 19 June 2005, will have spent 60 % of her time since 1989 under house arrest or in other forms of detention without charge or trial.

Amnesty International renews longstanding calls by Myanmar citizens, other governments and the United Nations on the State Peace and Development Council (SPDC) to immediately and unconditionally release all prisoners of conscience. The organization is also calling on authorities to take non-reversible steps to provide for the long term protection of the justice system against future abuse by putting an end to illegal practises such as torture and cruel, inhuman and degrading treatment or punishment; incommunicado detention; the use of laws which excessively restrict the peaceful exercise of rights; secret trials and administrative detention.

Myanmar’s political prisoners have been held hostage by the SPDC, thus perpetuating the political deadlock that has existed in the country since at least 1988.  Many are elderly, and many have chronic mental and physical health problems that have been created or exacerbated by their treatment in prison, in contravention of international law and standards. Many have been imprisoned or repeatedly arrested for over a decade. The continued use of detention to remove senior political leaders from the political process, and those petitioning for their release, is presenting a significant obstacle to resolving the political deadlock in the country.

Background

Bitter and protracted political struggle continues in Myanmar, as the SPDC attempts to grapple with fundamental problems there, including ongoing economic stagnation; the ethnic nationalities’ desire for greater autonomy; and controversy over the future role of legitimate political parties.  2004 saw the dismissal of General Khin Nyunt as Prime Minister, a subsequent major cabinet reshuffle, and a reconvened National Convention, established to write constitutional principles. 

2005 brought new problems for the government, including a bombing in Mandalay in March, killing at least two people, and major bomb explosions in Yangon on 7 May, killing an unknown number of civilians.  The SPDC has accused three members of the Karen ethnic nationality of detonating the bombs amid widespread speculation about which organization was responsible for the bombing.  

Political arrests and trials continue during 2005.  At least ten politicians from the Shan ethnic nationality were arrested in February 2005, and members of the National League for Democracy have been sentenced to prison terms. One Shan ceasefire group resumed armed struggle and there is still no ceasefire agreement between the Karen National Union (KNU, a Karen armed group who have been fighting for autonomy for over 50 years) and the SPDC.  The National Convention, which convened in February and adjourned at the end of March, is due to reconvene in November. It is still unclear how much autonomy the many ethnic nationalities participating in the Convention will receive from the government.

Amnesty International has repeatedly expressed its concerns at the lack of due process in political trials in Myanmar and at the abuse of the justice system to silence peaceful political dissent. Prisoners are routinely arrested without warrant; held incommunicado and tortured or ill-treated in pre-trial detention. Sentences have been handed down in trials which fall far short of international fair trial standards, and at which the right to legal counsel or to legal counsel of one’s own choice has been denied. Authorities have used confessions in trials extracted as a result of torture.  Prison conditions continue to be poor, and prisoners are being denied adequate diet and necessary medical treatment. 

The authorities have justified the imprisonment of hundreds of students, politicians, doctors, lawyers, housewives, farmers and others on the basis that they were seeking to cause “unrest”, and they sentenced them under security legislation. Such arrests have been made possible by vaguely worded security laws, which allow an excessively wide interpretation by the authorities of what constitutes a threat to security, and legislation which criminalizes the circulation of any written information – whether or not it is published – without the permission of the official censor. Amnesty International is concerned that the 1962 Printers and Publishers Registration Act; the Unlawful Associations Act, the 1950 Emergency Provisions Act and the 1975 State Protection Law, which have been used to imprison many political prisoners, subject rights and freedoms to far greater restrictions than are necessary to meet requirements of national security, public order or  morality.

Individuals have been penalized for peaceful symbolic acts of public political dissent, such as holding one-man demonstrations calling for the release of political prisoners, including Daw Aung San Suu Kyi, or complaining about arbitrary measures carried out by local or central government authorities. People have also been penalized for calling for political dialogue, or trying to disseminate information with political opinions differing from the SPDC, such as criticisms of their proposals for political dialogue.  Monks who reportedly refused alms from government officials have also been given lengthy prison sentences, and students have been penalized for attempting to create student unions.

Basic principles of international law and standards on freedom of expression and opinion enshrined in Article 19 of the Universal Declaration of Human Rights, include “freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Article 19(3) of the International Covenant on Civil and Political Rights provides that the exercise of this right,

“…carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

The authorities have gone far beyond what may be reasonably interpreted as necessary for preserving national security, public order or morality in their imprisonment of political prisoners. The authorities have sentenced people to lengthy prison terms on the basis that  they considered information given by defendants about human rights violations – including the incontrovertible practice of torture against political prisoners, and the poor conditions under which they have been held – to be incorrect, and therefore deserving punishment. Courts have passed judgements on the basis that authorities considered that opinions expressed by defendants in poems or articles, were also deemed incorrect, and on authorities’ untested consideration that defendants knew these opinions to be incorrect. They have also stated in a number of cases that these opinions were subversive and would cause unrest. U Win Htein, a former business consultant and senior army officer who acted as a senior advisor to Daw Aung San Suu Kyi, has also spent the majority of his time imprisoned since 1989. He was released for one year between 1995 and 1996. The authorities alleged he had arranged for a former political prisoner to be interviewed by a correspondent of the Australian Broadcasting Corporation about the use of torture in Myanmar’s prisons, and argued that such information was false, and that he was therefore guilty of a crime. Similarly, a senior advisor to the NLD, who has been imprisoned since 1989, U Win Tin, 75, students Phyo Min Thein, Kyaw Min Yu, NLD MP elect Dr. Zaw Myint Maung, and others were sentenced while they were serving prison terms because they had circulated information from foreign news publications and broadcasts, gathered information about human rights violations in prisons, and had written poems and articles in prison. Authorities argued that the British Broadcasting Corporation (BBC) and the Democratic Voice of Burma (DVB) “broadcast false news about Burma” and that prisoners knew such information to be false, and therefore could be sentenced for committing a crime. Members of the group also are reported to have written and circulated magazines, which included poems, cartoons and articles expressing political opinions, clandestinely within the prison. Prisoners were not at that time granted access to reading and writing materials.  The authorities stated that the magazines were also aimed “at  ... presenting inaccurate information,” and that the prisoners knew that the information was false.

Amnesty International has gathered information on the situation of political prisoners in Myanmar from a variety of sources, including private individuals, members of political parties, official and opposition news media, and from visits to Myanmar and neighbouring countries. With the exception of press reports Amnesty International has omitted identifying details about individual or organizational sources for reasons of their security.

III Torture and Cruel, Inhuman and Degrading Treatment

Torture in prisons

International standards prohibit the use of corporal punishment, shackling and other restraints and confinement in a dark cell as a punishment against detainees and prisoners. Such punishments violate the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment), which is a rule of customary international law binding on all states. Such punishments are also explicitly prohibited by Rules 31 and 33 of the Standard Minimum Rules for the Treatment of Prisoners.  Nevertheless, the authorities in Myanmar have continued to regularly use such methods against prisoners. They have particularly been used against individuals who have protested their conditions of detention, including by hunger strikes.  While authorities have made it clear that the use of prisoners for disciplining other prisoners is forbidden in Myanmar, it appears that they are continuing to use criminal prisoners to beat other prisoners, including political prisoners.

 

Prisoners protesting during 2005 have faced torture and ill-treatment as a punishment.  Since January 2005 U Shwe Maung, a goldsmith imprisoned for three years for making a replica of a peasant’s hat, which is a symbol for the NLD, was reportedly punished by authorities in Mandalay Prison on several occasions for complaining about the quality of the food in prison, requesting that his scheduled release take place; and refusing to perform pounzan (a squatting position, in which prisoners have to put their clenched hands on their knees) when so instructed by prison authorities. He has been held in dark confinement cell between January and at least April 2005, shackled beaten and injured as a result, and denied family visits. According to a relative interviewed by the Democratic Voice of Burma in April 2005, “He was dragged out of his cell and stripped off. His head was covered with a black hood and they beat him up severelyThat group beat him up quite severely. His chest was also slammed with knees. And, prison officials also kicked him with shoes. At the moment, he is being manacled systematically. [5]

Other political prisoners who may have undergone similar treatment in Mandalay Prison, Mandalay Division, in April 2005 include Kyaw Nyunt, a member of the Democratic Party for a New Society with spinal and hearing problems, who was sentenced up to 20 years for demonstrations in favour of convening parliament in 1998; and Maung Maung Myat and Myo Min Zaw, a student serving a 52 year sentence for organizing student demonstrations in 1998. They were reportedly sent to solitary confinement in darkened cells as punishment for complaining that food provided by the prison was rotten.

 At least twenty two political prisoners are thought to have been tortured and ill-treated after a number of them took part in a hunger strike in Insein Prison on 28 April 2005. Shortly before the hunger strike Zaw Min Oo was reportedly beaten unconscious by prison authorities, reportedly for failing to show respect to prison authorities. The group of prisoners were protesting at the decision of the prison authorities to force political prisoners to share cells with prisoners convicted of criminal offences, who reportedly ill-treated  them. At least two hunger strikers were confined to special punishment cells originally built as kennels for army dogs and severely beaten by authorities. The following political prisoners Aye Lwin, Han Win Aung, Kyaw Kyaw, Kyaw Moe, Kyaw NaingLwin Ko Latt, Myo Khin, Myo Win,  Hla Moe, Htun Yin,  NLD MP-elect U Naing Naing, builder Myint Htay, Nanda Sit Aung, student Nan Shin Mon, Ohn Than, monk U Rajadamma, Zaw Min Oo, Myint Ye, Ne Kyaw, Myint Naing, lawyer Soe Han and  another  monk whose name is not known to Amnesty International are reported to have participated in the hunger strike and been punished

Political prisoners in Tharawaddy Prison are reported to have been threatened in May 2005 by prison officials that if they engage in activities considered as “disobedient” they may face severe beatings, including to death. This was reportedly based on an instruction to prison officials by central government authorities. Among those threatened not to speak out against prison conditions or to face beating is Saw Ne Dun, a Karen NLD official and political prisoner in his 80s, who has been imprisoned since 1991.

Authorities appear to have taken punitive action against prisoners involved in the Insein Prison hunger strike, by transferring them to distant prisons. It is standard practise for prisoners who have been transferred for disciplinary reasons to another prison to be beaten on arrival and in other ways ill-treated. At least four people involved in the April 2005 hunger strike in Insein Prison were reportedly transferred to other prisons where they may have been beaten and tortured as a further punishment. Myint Ye, Ne Kyaw, Myint Naing and lawyer and NLD legal advisor U Soe Han, have reportedly been transferred to other prisons in Myanmar, including Thayet Prison, 340 miles from Yangon and a journey of more than 10 hours by road, in connection with the hunger strike. The regime at Thayet Prison is reportedly severe.

Torture and ill-treatment in pre-trial detention and prisons.

Amnesty International has documented the pervasive and systematic use of torture by authorities in pre-trial detention, and believes that the practise is continuing[6].

There have been widespread reports that individuals in pre-trial interrogation continue to be tortured and ill-treated. Members of Military Intelligence and associates of Khin Nyunt under arrest have reportedly been subjected to beatings and deprivation of food, have had their heads shaved and held in shackles. Political activists who have been taken into detention for short-term questioning, have reportedly been denied sleep, and in some cases subjected to abusive language by authorities.

Doctors are reported to have found injuries consistent with torture on the body of Ko Aung Hlaing Win, an NLD member who was detained on 1 May 2005, and is reported to have died in custody on 7 May 2005.

 Deaths in custody – pre-trial detention

There have been at least three deaths in custody reported since January 2005, in which individuals in pre-trial detention died in suspicious circumstances. It is the responsibility of the state to initiate thorough, prompt and impartial investigations into the cause of death in suspicious circumstances. The UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions state that such investigations should, where the established investigative procedures are inadequate, be conducted by an independent commission or similar procedure. The investigation should include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses and findings should be made public. The bodies of the deceased should be returned to the families for burial. It is not known whether any such investigation has taken place into these four reported deaths, but given reports that officials cremated three of the four without the presence of their families, it seems unlikely.

 It was reported in January 2005 that at least one Military Intelligence officer, Brigadier General Myint Aung Zaw, a colleague of former Prime Minister Khin Nyunt died in detention in late 2004, and was secretly cremated. Unofficial sources have stated that he died either as a result of torture or suicide. In January 2005, U Toe Paing, a border control officer from northern Shan State, arrested in connection with the crack-down on former Prime Minister Khin Nyunt reportedly died in detention in Putao Prison, northern Kachin State of unknown causes, which may have included torture.  On 1 May 2005 a member of the NLD Youth Wing, Ko Aung Hlaing Win, aged 30, who was married with a child, was taken into custody by plain clothes members of the security forces.  Ten days later the chief of an interrogation centre is reported to have visited family members in Hlaing township, Yangon, and to have informed them that Ko Aung Hlaing Win had died of a heart attack during interrogation on 7 May 2005, and that he had already been cremated. He is reported to have offered family members 100,000 kyat as compensation, which by the family refused.

Conditions of detention

Prisoners are susceptible to a host of detention related health problems, which have been caused or exacerbated by their treatment in detention. Medical care within prisons is woefully inadequate, with some prisons lacking adequate numbers of trained medical personnel, particularly in Myaungmya, Sittway and Myingyan Prisons. Specialist medical treatment is not available in many prisons, and in some cases when prison doctors recommend specialist treatment, prison authorities are either slow to give consent or deny it. Prisoners have an extremely poor diet, and are reliant on families for supplements of fresh food. Released prisoners regularly report that the diet provided by the prison is not adequate for survival. Many prisoners on release require medical treatment. Malaria is endemic in Kalay Prison, Sagaing Division, and also reported at Thayet Prison. Heart disease, mental illnesses, hypertension and malnutrition related disorders, including peripheral neuropathy, are common.

Prisoners who have been held for long terms of imprisonment, and often without regular access to their families have health problems as a result of malnutrition, and particularly lack of vitamins and protein. In a small number of prisons, prisoners were in the past allowed to grow vegetables to supplement their diet, but it is not clear whether or not that right has now been removed.

For instance, Amnesty International is particularly concerned by the health situation of Dr. Than Nyein, 67 years old, a medical doctor, who has liver cirrhosis, heart disease, hypertension, and renal stones. Authorities are holding him after the expiry of his sentence under administrative detention law; have repeatedly transferred him to prisons where medical treatment is worse, and have failed to act on prison doctors’ recommendations that he receive specialist medical treatment.  He is thought to have been punished by being transferred to different prisons after he went on hunger strike, despite his ill health in September 2004 to protest his continued imprisonment,, and is reported to have told a family member, "It is inhumane torture to extend the imprisonment with Act 10 (A) of a person whose health is deteriorating and who had already served his sentence. I don’t want to be killed by the authorities but by myself. That’s why I have decided to stage a hunger strike even though I am not in good shape.[7]" Since then the authorities have moved him to new prisons four times. After the first time he was moved, shortly after he began his hunger strike, he had to be returned to Yangon for hospital treatment, as his health had deteriorated dramatically. The authorities moved him a second time, shortly before he planned to go on hunger strike again, to a prison 241 kilometres from Yangon, where his family lives. The specialist medical treatment he requires is reportedly not available at Pyay Prison, where he has been held since January. A prison doctor recommended in late 2004 that he receive specialist medical treatment, but the authorities  reportedly failed to provide it. Another prison doctor reportedly recommended in mid-February 2005 that Dr Than Nyein be transferred to Yangon to receive specialist medical treatment. Beyond the medical neglect, the continued incarceration of Dr. Than Nyein is a blatant violation of his right to liberty. Amnesty International calls on authorities to release Dr. Than Nyein immediately and to compensate him for his unlawful detention.

Phyo Min Thein, a student who was arrested in 1991 for demonstrating in support of NLD leader Daw Aung San Suu Kyi, when she won the Nobel Peace Prize, and who is currently detained in Insein Prison, is reported to be suffering from malnutrition and heart problems. He and others, including Kyaw Min Yu, who has been held since 1989 and also has malnutrition and gastric problems, were given a second sentence to a further term of imprisonment. They were penalized for writing poems, circulating reports of foreign broadcasts to prisoners and trying to communicate information about human rights violations to the United Nations. Nay Tin Myint, a 37 year old zoology student who was arrested in 1993 and is serving a sentence to 20 years’ imprisonment in Myingyan Prison for having copies of journals produced by groups in exile, is reported not to be able to walk as a result of malnutrition. Dr. Zaw Myint Maung, 54, an NLD MP elect and poet, who has been imprisoned since 1990, and is serving a seventeen year sentence, has blood pressure problems.

Many prisoners are reported to have suffered from mental illnesses, including depression and schizophrenia, and not to receive specialist medical treatment for such problems. Nay Lin Soe, a student from Rangoon arrested in February 1998 for taking part in campaigns to improve education in Myanmar, was reported by his relatives to be displaying symptoms of mental illness. Student Thet Naung Soe, sentenced in 2002 to 14 years’ imprisonment for a peaceful one man demonstration, and student Thet Win Aung, imprisoned since 1989, has reportedly been displaying symptoms of depression.

Many prisoners are over 65, and suffer from common age related illnesses, such as hypertension and heart disease. Among these prisoners is U Win Tin, a former editor, who has heart disease and spondylitis, and during his imprisonment has been in and out of prison hospital. His health has been compromised by his treatment in prison, including by being denied food and water for periods, and being made to sleep for protracted periods in a cell designed as a kennel for military dogs, without bedding.

The Myanmar authorities have a duty under rules of customary international law binding on all states to treat detainees and prisoners humanely, to provide prisoners with food of nutritional value adequate for health and strength, and to provide the services of qualified medical officers within facilities and to transfer prisoners and detainees who require specialist treatment to specialized institutions or to civil hospitals. Amnesty International is deeply concerned that authorities are failing, at times through neglect, and at times deliberately, to fully respect their international obligations in this regard.

Other prisoners of concern

Many prisoners who were arrested for membership of armed opposition groups in the 1980s remain in prison – in some cases after the expiry of their sentences. There are at least 37 members of the Karen National Union[8]  (KNU) who were detained between 1983 and 1986. There are reportedly at least 19 members of the Arakan Communist Party[9]  (ACP) who have been imprisoned since 1986, among whom are individuals who should be due for release. According to former prisoners members of these groups are less likely to receive regular family visits, and thereby less food to supplement their prison diet, and are therefore more likely to suffer from ill health and malnutrition related disorders. Many are reportedly in poor states of health, including Saw Benson, a KNU member, who has been in jail since 1984, and who has had poor medical treatment since he was imprisoned. He is 74 years old, and was originally sentenced to death, which was commuted to 25 years’ imprisonment in an amnesty in 1989. Khaing Soe, approximately 40 years old, a member of the ACP, is reported to have severe hypertension, and reportedly was very badly treated in interrogation after he was arrested in 1984.

Reading and writing materials

 

Prisoners were for many years denied access to reading and writing materials. A former prisoner of conscience and book store owner released from prison on 3 January 2005, after more than 13 years imprisonment described his attempts to read in prison

 

I wanted to read very much at the time. There were five of us in a cell then. I don’t know how to smoke like other people. I puffed the stubs of other people’s cheroots and then, soak them in water, and stuck the paper wrappers on the wall and read the words on them. As for books, not a single sign or shadow of them should be seen with us. If we read the newspapers used as wrapping paper given to us by people from home when they came to see us, it was regarded as a crime. As for the punishment, we were not allowed to go the toilet or have a shower. It was dire. They cut off everything connected to literature.[10]

 

Authorities penalized a group of prisoners with further prison terms in early 1996 for their establishment of a clandestine network to circulate hand written magazines, poems, and information from overseas publications Time   Newsweek, and overseas broadcasting stations the Democratic Voice of Burma, and the British Broadcasting Corporation.

 

While authorities have in recent years allowed individuals to read religious books and official journals, these rights are periodically withdrawn by prison authorities, reportedly dependent on the political situation. It was reported in May 2005 that authorities had withdrawn access to reading materials to prisoners in Tharawaddy Prison, and to prisoners at Insein Prison who had taken part in a hunger strike at their conditions of detention. 

 

International standards provide that prisoners “be kept informed regularly of the more important items of news” including “by the reading of newspapers, periodicals, or special institutional publications” and that prisons should “have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it[11]

 

IV TRIALS

Incommunicado detention

The UN Commission on Human Rights has stated that “prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture”.[12] The Human Rights Committee has stated that provisions should be made against the use of incommunicado detention,[13] and the Committee against Torture has consistently called for its elimination.[14] The UN Special Rapporteur on torture, recognising that “torture is most frequently practised during incommunicado detention”, has also called for such detention to be made illegal.[15] International standard recommend that detainees are not held for more than a very short period without access to relatives, doctors and lawyers.[16] The UN Commission on Human Rights has stated that “prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture”.[17] The Human Rights Committee has stated that provisions should be made against the use of incommunicado detention,[18] and the Committee against Torture has consistently called for its elimination.[19] The UN Special Rapporteur on torture, recognising that “torture is most frequently practised during incommunicado detention”, has also called for such detention to be made illegal.[20]

It has been standard practice for some time in Myanmar for detainees to be denied access to the outside world for considerable periods of time after arrest, and in some cases not until after they have been sentenced. It is clear from recent arrests that this practice is continuing.  A relative of a political activist who requested prison authorities to see their arrested family member, to whom they had been denied access for several months in 2005, was told that this was impossible, as orders from higher authorities had not been granted. U Ba Myint and four NLD officials from Yangon division, who were arrested in December 2004, have been reported not to have had access to family members or lawyers. Members of the NLD legal team reportedly complained in January 2005 that they wished to offer legal assistance to the group, but were hampered as they were unable to ascertain their whereabouts. Shan politicians arrested in February 2005 have been denied access to family members. This is also the case with many of the Military Intelligence detainees and associates of former Prime Minister Khin Nyunt who have been held in Insein Prison, since their arrest in October 2005.

Innocent until proven to be guilty?

The SPDC is continuing to give press conferences after or before a series of political arrests have been made, naming detained individuals who were reportedly involved in anti-government activities.  They have effectively declared these named individuals as guilty before they were charged and tried. This continues to prejudice defendants’ rights to be presumed innocent until and unless proven guilty, which is a fundamental principle of fair trial, enshrined in Article 11 (1) of the Universal Declaration of Human Rights, and is a rule of customary international law binding on all states. Public officials should not go beyond factual statements in informing the public about criminal investigations, and should not state that persons arrested are guilty.

During March and April 2005 authorities gave press conferences accusing senior Shan politicians, who are reported to be under trial, of issuing a statement after a political  meeting they held on Shan National Day in  February 2005,  stating that they were taking the “first step to shape [Shan State’s] own destiny[21]”. Authorities characterized the political discussion as “detrimental[22]” to its objectives of upholding “three main national causes – non-disintegration of the union, non disintegration of national solidarity and perpetuation of sovereignty[23]” and that they would lead to the disintegration of the union.   In subsequent press conferences in April and again in May 2005 government officials stated that the Shan State Army–South[24] , the Shan Nationalities League for Democracy[25] and Shan State Intellectual Advisory Council planned to “form a nominal union and later secede from the union[26]”, and had encouraged armed opposition groups to discuss matters pertaining to the significance of the forthcoming National Convention, which they were scheduled to attend. .On 22 April 2005, authorities stated that they had “exposed their conspiracies and protected the union from disintegration in time[27]”.

Denial of lawyer or right to a lawyer of one’s own choice

Currently detainees have no or limited access to legal counsel or the facilities necessary to prepare their defence during pre-trial proceedings (including during interrogations in police custody, interviews with the prosecutor and during pre-trial hearings).

The right to legal counsel, including to legal counsel of one’s choice underpins international fair trial standards. Prompt access to a lawyer following arrest, and regular access thereafter, provides detainees with adequate opportunities to ensure that their defence can be prepared, and is a safeguard against torture and ill-treatment. In this context, the UN Special Rapporteur on Torture has determined that “[L]egal provisions should ensure that detainees are given access to legal counsel within 24 hours of detention.”[28]

 

This right has been regularly ignored for political prisoners in Myanmar for more than a decade.  Released prisoners have reported that they have in the past requested legal counsel from prison authorities, who denied them the right, and that when they requested the right in court, the judge instructed them to ask prison authorities. Officials have granted some of the recently arrested prisoners access to legal counsel of their choice. However, when the right to legal counsel is granted, authorities have obstructed lawyers’ access to information about proceedings. As many trials are not held in open court, information about trial dates can be difficult to secure.   As a member of the NLD legal team is reported to have described

 

 “They usually do not announce the particulars of the trial we have to find out by ourselves. Although the detainees are in Insein Jail, a township court is given the jurisdiction to carry out the trial which is usually carried out at the court inside the Insein Jail. That is the norm and if we do not have the details we cannot get inside the court. First, we have to find out about the court details like the date and time and only then can we plan our defence. There are many difficulties to overcome to take up a case.[29]

 

Authorities are still reportedly changing trial dates at short notice, without informing defence lawyers of the changes.

 

Authorities underlined, in response to journalists’ questions about the failure of authorities to allow detained SNLD MP-elect,  U Khun Tun Oo and others detained with him in February 2005, access to lawyers, that “the government is making arrangements for the accused to enjoy his rights in accord with the law,” and further stated that “there are documentary photos of U Khun Tun Oo talking to his two advocates on 1 March 2005… he was allowed to talk with them to his heart’s content[30]Authorities have denied Khun Tun Oo and others arrested with him access to their families. They have also not been able to choose lawyers, but have had lawyers appointed by the government, with whom they are not reported to be satisfied. Authorities have countered that lawyers may only be appointed with the permission of the defendant, not of their families. However, if, as has been the case with SNLD and other Shan leaders arrested in February 2005, detainees have had no access to their families or other members of the outside world not chosen by authorities, there would be no means for them to know about alternative offers of legal assistance.

Authorities reportedly instructed relatives of detained National Democratic Party for Human Rights MP-elect, and member of the Committee Representing People’s Parliament (CRPP) U Kyaw Min, that they would be able to hire legal counsel to represent U Kyaw Min’s wife and daughter, who were arrested on 5 May 2005. U Kyaw Min has been held since 17 March 2005 without charge and without access to family members.  A lawyer from the NLD legal assistance team who was approached to represent the defendants, reportedly attempted to see the detainees in Insein prison on 20 May 2005, where he had heard that U Kyaw Min and his wife and daughter were scheduled to appear in court. He reportedly stated   They would not allow us into the prison compound… We told them that we came because we heard that U Kyaw Min is to be taken to court today. They didn’t say whether it is true or not. I told them that I want to represent U Kyaw Min. They asked us to wait and at 3pm told us to go home.”[31]

 

V ONGOING ARRESTS

Amnesty International is concerned that arrests and harassment of members of registered political parties and activists are continuing, solely on the basis of their peaceful political activities. Authorities are reported to have threatened individuals in 2005, that should they engage in politics they may face long terms of imprisonment.  More Members of Parliament-elect were arrested in February and March 2005 than since May 2003. Three MPs elect were sentenced to prison terms during 2005, and two are believed to be on trial at the time of writing.

Shortly before the National Convention[32] was scheduled to reconvene in early February 2005, at least ten political activists were arrested for taking part in a political meeting of senior representatives of the Shan ethnic nationality on Shan National Day, 7 February 2005. The meeting was hosted by the Shan New Generation Youth political party, and was attended by political representatives. Those arrested included Khun Htun Oo, the Shan Nationalities League for Democracy (SNLD) chairman and MP-elect and member of the Committee Representing the People’s Parliament (CRPP)[33], the party’s General Secretary Sai Nyunt Lwin,  SNLD Central Committee member Sai Hla Aung; SNLD member Sao Kyar Oo, Shan State Peace Council (SSPC) [34] and United Nationalities League for Democracy [35] chair General Hso Ten, Shan New Generation Youth members  U Myint Than, Sai Myo Win Tun, Sai Nay Moe and U Shwe Ohn[36]  aged 82, author and lawyer. Authorities have justified their arrest on the basis that they were trying to discuss a common position among political representatives of members of ethnic nationality political parties, and to agree principles for the political future of Shan State. Following the arrests, the SSPC, who had been among those scheduled to attend the meeting, withdrew their delegates. At the time of writing members of the group are still believed to be under trial, with the exception of U Shwe Ohn, who is under house arrest. Amnesty International is concerned that they may have been arrested solely for participating in a discussion of a political nature, and is furthermore concerned that judicial procedures during their detention and trial have not met international standards for fairness.

Arrests of members of the NLD have also continued during 2005.  NLD offices, with the exception of the party’s headquarters, have remained closed since the attack on members and supporters of the NLD on 30 May 2003.  Authorities have in the past taken measures to dissuade people from participation in the political party, including threatening civil servants with dismissal should they not resign; staging state sponsored rallies against NLD MPs elect in their constituency; selectively prosecuting NLD members on account of their political activities, or on trumped up criminal charges, and threatening civil servants with eviction from state owned premises. A diplomatic official from the Myanmar Embassy in Washington who resigned and sought asylum in the United States of America stated in April 2005 that “current state leaders instructed the complete ‘clearance/destruction’ of Daw Aung San Suu Kyi and team members at “Dipeyin” in May 2003 …. I also received reliable information that there have been instructions for the complete routing of NLD (National League for Democracy) members’ families in 2006,[37]”which raises concern that authorities will intensify the harassment and incarceration of opposition political activists, already at a high level.

At least 11 of the at least 26 members of the National League for Democracy arrested since December 2004 remain detained or imprisoned, including three Members of Parliament from the Shan and Rakhine States and Sagaing Division, who have been sentenced to terms of between 7 and  14 years’ imprisonment. Tun Lin Kyaw, an NLD member from Sanchaung township in Yangon, was sentenced at the end of February 2005 to seven years’ imprisonment for staging a peaceful one man demonstration outside City Hall in Yangon. He is reported to have called for the release of Daw Aung San Suu Kyi on 14 December 2004, and is believed to have been her former bodyguard. Five NLD members from Yangon who were arrested on 19 December 2004 for unknown reasons, U Ba Myint, U Ba Tint, Ko Khin Kyaw, Aung Myo San and Thet Naing are not known to have had access to family members since their arrest.  Bo Kyi and Pe Tin, NLD organizing committee member and secretary of the political party’s local branch in Shwegyin were reportedly arrested in mid May 2005, and sentenced in late May 2005 to seven years’ imprisonment for distributing speeches by Aung San, one of the architects of Myanmar’s independence and the father of imprisoned NLD leader Daw Aung San Suu Kyi. The leaflets had reportedly been approved by the official censor, and had been legally printed by the NLD.

U Kyaw Khin, 69, NLD MP elect of Taunggyi, Shan State, was arrested on 25 February 2005, less than two months after he was released from nearly nine years’ imprisonment for political reasons. According to NLD sources, he was rearrested for distributing leaflets; possessing a list of awards received by Daw Aung San Suu Kyi, and with leaving a paper on a chair which transcribed predictions made for the year by the BBC, which he denied possessing in court. He was given a 14 year sentence in early April 2005.  Authorities reportedly also penalized him for photocopying, without permission from the official censor, a leaflet that the NLD had legally produced. In court the judge is reported to have stated that he was trying to provoke unrest, on the basis that on the list of awards received by Daw Aung San Suu Kyi, there was a sentence stating “there will be change because all the military has are guns”, and also to have pointed out that beside the photograph of the detained opposition leader, there was the sentence “Set Her Free”. He had been released from a prison term in 3 January 2005, where he had been held since June 1996. He was previously sentenced on the basis of official allegations that he had been contacted to obtain "recorded videotapes with antigovernment messages broadcast by foreign television stations[38]" to agitate civil unrest. These tapes reportedly included videotapes and audio cassettes with foreign news reports and documentaries on Myanmar. He reportedly suffered from heart disease when previously imprisoned.

Amnesty International is also concerned that authorities are continuing to use trumped up criminal charges to detain prominent NLD MPs. Two NLD MPs elect from Shan State, Aung Soe Myint, and U Than Htay were respectively sentenced to prison terms of seven and five years in August 2003 and September 2004, on under what are believed to be trumped up criminal charges. Aung Soe Myint was penalized for possessing an unlicensed motorcycle and U Than Htay for having unauthorized electronic goods. U Than Htay, a qualified high court advocate had reportedly been subjected to extensive pressure by local authorities to resign from the NLD, and had reportedly played a leading role in the gathering of signatures for an NLD petition calling for the release of Daw Aung San Suu Kyi and other political prisoners. On 17 March 2005,  U Kyaw San, 73, a former military colonel and NLD MP elect of Tantse, Sagaing Division was arrested and charged with violating import and export legislation. He was sentenced to seven years’ imprisonment in early June 2005. The charge related to goods found in his home, for which there was no import documentation. The goods reportedly did not belong to U Kyaw San, and it is believed that they may be being used as a pretext to charge him. He reportedly went on hunger strike to protest the injustice of his detention and at the time of writing is on trial. He had been released from prison on 19 November 2004, where he had been held since September 1998. He had been sentenced to seven years’ imprisonment in 1992, reportedly for distributing pamphlets, and was released in 1995. When the NLD called for the convening of parliament, authorities rearrested him and  made him serve the remainder of his previous prison sentence, from which he had been released, reportedly under the condition that he would have to serve the remainder of his sentence should he reoffend by engaging in politics. He is reported to suffer from hypertension. On 30 March 2005 U Saw Hlaing, a 59 year old lawyer and NLD MP elect from Indaw, Sagaing Division, was arrested for having unlicensed computers. He has previously been imprisoned at least four times for political reasons. He was sentenced to 12 years’ imprisonment in late May 2005 and is believed to have not had access to a lawyer until at least a month after his arrest.

On 17 March 2005, U Kyaw Min, National Democratic Party for Human Rights (NDPHR) MP elect of Bohtataung, Rakhine state and CRPP, was arrested, and is believed to have been held in incommunicado detention. His wife and daughter were arrested in May 2005, and NLD officials were instructed that they were allowed to provide legal assistance to them. However, it is not clear that U Kyaw Min has had any legal assistance, and what is the basis for his detention.

Amnesty International is also concerned that there have also been unfair judicial procedures used in state action taken against former Prime Minister  General Khin Nyunt and his former employees and allies, and that among those who have been sentenced there may be individuals who were being penalized solely on account of their political association with the former Prime Minister. Former Prime Minister Khin Nyunt, who also headed Myanmar’s Military Intelligence Service (MIS), [39] was arrested on 19 October 2004. The authorities have disbanded the MIS and other related organizations, including businesses under Khin Nyunt’s control, and have forced a large number of officials to retire. They have also removed his political allies from the government, including the Interior Minister Colonel Tin Hlaing and Labour Minister Tin Win.

Khin Nyunt’s arrest was followed by the detention of hundreds of members of Military Intelligence, associates and business employees and relatives of Khin Nyunt, and members of the Border Services Personnel, as well as his family’s astrologer and spiritual advisor. Up to 100 of those arrested are believed to be senior Military Intelligence officials. Many have been held in Insein Prison, and have not been granted access to relatives or to lawyers, and were also reportedly subjected to torture and ill-treatment during interrogation. Khin Nyunt currently remains under house arrest. In April and May 2005 nearly 50 senior former Military Intelligence officials and associates of Khin Nyunt were reportedly given sentences of up to 280 years’ imprisonment,  on charges including corruption, illegal possession of currency, and possession of unlicensed vehicles.

While full information about the charges, sentences and individuals prosecuted is not available, some reports suggest that an unknown number of individuals may have also been sentenced under charges relating solely to their peaceful exercise of the freedom of expression. For example, businessman Sonny Swe, the Deputy Chief Executive Officer of the semi-independent publication The Myanmar Times was among those sentenced. He was charged under the Press and Publications Act and sentenced to 14 years’ imprisonment – it is believed that he was sentenced because The Myanmar Times was published without the permission of the official censorship board, and because of his family’s proximity to former Prime Minister Khin Nyunt. Amnesty International is concerned that he may be a prisoner of conscience, and is calling on the SPDC to provide full information about the names and nature of charges against him and all other individuals arrested in connection with the recent crackdown on former Prime Minister Khin Nyunt. Sonny Swe’s father, Brigadier General Thein Shwe, was also sentenced for economic crimes to a total of 152 years’ imprisonment.

The selective nature of arrests suggest that there is a political dimension to a number of these prosecutions, regardless of whether or not there were legitimate grounds for the prosecution of individuals for the misuse of power; economic crimes or offences under foreign currency and import legislation. This is supported by a letter written by Aung Lynn Htut who resigned from the Myanmar diplomatic mission to the United States in April 2005. In the letter, which was sent to the Democratic Voice of Burma and the British Broadcasting Corporation, Aung Lynn Htut stated that he had learnt that “current state leaders had instructed the complete “clearance/destruction” of Gen Khin Nyunt and team members in Oct 2004…and the complete routing of military intelligence service (MIS) members and family members in 2004 Although it is claimed that MIS (military/civilian) members were allowed to retired, I learnt that some of them were rearrested, put under house arrest and the like. Moreover, I also received information that their family members and children have been subjected to various unfair and brutal... actions such as being fired from their jobs or expelled from the schools.[40]

Authorities initially stated that former Prime Minister Khin Nyunt had retired on health grounds, subsequently adding that he had been dismissed for corruption and insubordination. Corruption is reported to be widespread within the military in Myanmar. Amnesty International is not aware of any other current large-scale prosecution of the military on charges of corruption. Authorities also publicly stated that Khin Nyunt had threatened the unity of the armed forces by initiating an investigation of regional military commanders.

 

Extension of sentences by Executive Order under the 1975 State Protection Law.

The SPDC is continuing to use legislation which allows the Home Minister to detain without charge or trial anyone who may endanger the state, and detention orders are often repeatedly renewed. Amnesty International is concerned that as well as denying the fundamental right not to be punished until proven guilty, and to receive a fair trial, this law does not define what constitutes "a danger to the state" and thereby has allowed the authorities to arbitrarily detain people for peaceful political activities. It also allows extended detention without charge or trial, which is prohibited by international standards.

Among those currently detained under this legislation are opposition leader Daw Aung San Suu Kyi, who has been held under this legislation under house arrest for more than 9 of the last 16 years. She has been most recently held without charge or trial since 30 May 2003. Myat San,  a former bodyguard of Daw Aung San Suu Kyi and member of the All Burma Federation of Student Unions, is being detained in prison after the expiry of his sentence. He had served a sentence for taking part in student demonstrations celebrating Aung San Suu Kyi receiving the Nobel Peace Prize in December 1991. He is reported to have suffered ill-health.

At least four prominent political leaders have had detention orders renewed or placed on them since December 2004.  NLD MPs elect and medical doctors, Dr. Than Nyein and Daw May Win Myint have had detention orders extended by a year. Both were not been released after serving sentences to seven years’ imprisonment arranging for NLD leader Daw Aung San Suu Kyi to meet with party members in September 1997. Both are in poor states of health,

 U Tin Oo, 77, is the vice-chairman of the National League for Democracy (NLD), and has been under house arrest and held without charge or trial since 30 May 2003. His detention was extended by a further year on 13 February 2005.

U Shwe Ohn, an 82 year old Shan political veteran and former lawyer, has been held under house arrest since he took part in a political meeting of Shan politicians on 7 February 2005. Authorities have publicly stated that he played a major part in the organization of the meeting. There have been unconfirmed reports that authorities have ordered his detention for one year under the 1975 State Protection Law.

VI RELEASES

 The SPDC implicitly acknowledged that there have been abuses in the administration of justice in November 2004. Authorities announced on 18 November 2004 that “it was observed that the NIB[41] might have committed irregularities. And according to the review of the irregularities, prison terms of 3,937 convicts have been suspended with effect from today, 18 November 2004”[42]. Between 18 November and 3 January 2005 authorities went on to release more than 19,000 prisoners, of whom a small fraction had been arrested for political offences. A total of 110 political prisoners were reportedly released, including student leader Paw U Tun, alias Min Ko Naing. He had been imprisoned since 1989, for much of the time in solitary confinement, and had reached the legal limit for detention without charge or trial. Among those released who have subsequently been rearrested and sentenced to prison terms are NLD MPs elect U Kyaw Khin and U Kyaw San.

Many of the others released, for example, Khun Sai, aka Myo Htun, aged 45, was arrested in February 1998 and sentenced to seven years’ imprisonment, for allegedly  helping with the preparation of a history of student movement,  had reached the end of their sentence, or were eligible for time off with parole.  The authorities have not clarified what mechanisms were used to establish which “irregularities” had been committed in the incarceration of these individuals, nor have they announced what measures they have taken to prevent future abuses. An official from the Foreign Ministry said that "We are trying to tell the world that we are normal people.We review things and when the time is right [release prisoners]. we're a Buddhist country, compassionate.[43]"

Amnesty International welcomed the release of political prisoners, and of any others unlawfully detained or imprisoned and urged authorities to include in their release others who had been imprisoned by the state in contravention of international standards.  The organization is further concerned that sentences were only “suspended,” meaning that individuals may be reimprisoned and made to serve any remainder of their sentence if authorities consider that they have violated the conditions of their release.  The organization also believes that given the official acknowledgement of the political abuse of imprisonment, authorities should establish a genuinely independent judicial procedure for reviewing convictions and sentencing for political offences, applying international human rights standards, including the rights to freedom of opinion and expression and freedom of peaceful assembly and association, and release all prisoners who were imprisoned solely for the peaceful exercise of these rights.

Between January and May 2006 six prisoners who had been held without charge or trial since the expiry of their sentences were released – five had been held since 1989, and included student leader Tin Aye, Communist Party of Burma linked U Tin Aung, U Aung Khin, and National Politics Front lawyer Tin Aye Kyu. Student leader Ko Ko Gyi, who had been held since 1991, was the sixth to be released. Student leaders who had reached the legal limit of application of administrative detention law, and who in many cases had been imprisoned since 1989 were released between March and October. U Thu Wai and U Htwe Myint, of the Democracy Party who had been held without charge or trial were also released in January 2005. Both were subsequently held in short term detention, but have again been released.

Authorities have for a number of years given assurances that political prisoners, and particularly NLD leader Daw Aung San Suu Kyi, who remains under house arrest, will be released but have failed to provide any reliable schedule for releases beyond promising that they will do so when “the time is right[44]. In late July 2003 Foreign Minister U Win Aung stated that Daw Aung San Suu Kyi would be released "when the time comes... I can't see a timeframe right now" and also added about her detention that "We don't have any intention to prolong that arrangement. We are waiting for the cool down[45]" (4) In October 2003 authorities said that "we do not call it house arrest or anything like that" and added that she will be released "eventually"[46](5) In At the beginning of December 2004 Thai authorities reported statements by General Than Shwe that authorities had promised the release of Daw Aung San Suu Kyi, but had stated that “whenever Aung San Suu Kyi is released some
trouble has happened. They need time to arrange everything and finish
several meetings
," Authorities publicly promised that U Win Tin would be included in the release of prisoners in November 2004, which similarly has not taken place.

Amnesty International has been informed by released political prisoners that in the lead up to their release from prison, authorities asked them questions about their political attitudes. In many cases, it appeared that individuals who stated that they did not plan to resume any form of political activity were more likely to be released. Amnesty International is concerned that political attitudes favourable to authorities should not be considered a factor in the release of prisoners, particularly if they should never have been imprisoned in the first place.

Prisoners offered early release before the end of their sentences have often had conditions attached to their release under section 401 of the Criminal Procedure Code, which allows authorities to reimprison individuals without warrant, and require them to serve the remainder of their sentence, should authorities believe they have not fulfilled the conditions of their release. Conditions to release have included not engaging in political activities. This prison "debt" of unserved time from previous sentences for political reasons has repeatedly been employed by the authorities to threaten and harass former prisoners and make them desist from political activities. U Sein Hla Oo, a former news editor and film critic and NLD Member of Parliament elect, is being made to serve the remainder of his previous sentence. He is currently imprisoned in Myitkyina Prison, which is several days journey from his family. He had been released from a sentence for political reasons in an amnesty in 1993, and rearrested in 1994 for communicating "fabricated news" to foreign journalists and diplomats, and distributing political materials. He was given a sentence of seven years, and authorities are requiring him to serve the outstanding part of his earlier sentence as they stated that he had "breached his promise and secretly carried out anti-gov't activities[47]."

RECOMMENDATIONS

 

Amnesty urges the State Peace and Development Council to adopt the following measures

 

With regard to political prisoners

 

1.       Stop arresting people solely for the peaceful exercise of their rights to freedom of expression, association and assembly and to immediately and unconditionally release any person who has been arrested for the peaceful exercise of their rights.

 

2.       Make public information about the charges preferred against all political prisoners or “security detainees” and of members of Military Intelligence personnel, and any former personal or business associates of former Prime Minister Khin Nyunt, their sentences and current whereabouts.

 

3.       Review the convictions of all political prisoners and ensure that any who have been unfairly tried be re-tried promptly and in accordance with international fair trial standards, or released, and institute a clear transparent mechanism is to ensure a truly independent judicial review is conducted.

 

4.       Ensure that redress is provided for past arbitrary deprivation of their rights.

 

With regard to procedures for arrest and trial, including of political prisoners

 

5.       Ensure that all detainees have the right to promptly challenge the lawfulness of their detention before a court, and ensure that they are released if their detention is found to be illegal. Article 100 of the Code of Criminal Procedure should be changed to establish an accessible procedure for detainees, their families, and their lawyers to challenge the legality of a detention.

 

6.       Ensure that all political detainees are either released or promptly charged with internationally recognized offences and tried by procedures which conform to international standards of fair trial, including the right to legal counsel, the right to presumption of innocence, the right to a public trial, the right to defend oneself, and the right to adequate time and resources to prepare a defence, and to review all trials of political prisoners which have fallen short of appropriate international standards.

 

7.       Ensure that all political detainees have access to legal counsel promptly following arrest and regularly thereafter, and have adequate time to prepare a defence. Detainees should have the right to meet with their lawyers privately.

 

8.       Ensure that the military does not manipulate the judiciary, whether directly or indirectly, so that courts may determine cases impartially and independently.

 

9.       Ensure that officials, including government Ministers, refrain from conduct that jeopardizes the rights of the accused to a fair trial. This includes ending the practice by some officials of making public remarks that prejudge the guilt of political suspects.

 

10.   Ensure that members of the judiciary have security of tenure; proper training, including in international human rights standards. and freedom from interference by the executive branch of the government. Ensure that all trials are held in public.

 

11.   Ensure that all persons convicted of crimes have the right to appeal to a higher tribunal.

 

12.   Prohibit incommunicado detention and ensure that all prisoners have immediate, confidential, and regular access to relatives, doctors, and lawyers.

 

13.   Review all criminal laws relating to freedom of expression and association, particularly the 1950 Emergency Provisions Law; the 1975 State Protection Law; the 1962 Printers and Publishers Law and the 1908 Illegal Associations Law and reform them so that the laws are clear and specific, and do not breach the internationally recognized right to freedom of expression and association, and in the absence of a legislature stop using them.

 

14.   In particular, repeal Law No 5/96, the provisions of which allow for up to 20 years’ imprisonment of anyone who drafts a constitution without official permission and otherwise criminalizes the right to freedom of expression and assembly.

 

15.   Repeal any provisions in the 1975 State Protection Law allowing the detention by executive order without charge or trial.

 

16.   Keep procedures for detention and investigation under regular review. All prisoners should be promptly told of their rights, including the right to lodge complaints about their treatment.

 

17.   Abolish all laws, orders, regulations, policies and practice which allow incommunicado detention.

 

18.   Abolish all secret or unofficial places of detention and interrogation under Myanmar law. It should be a punishable offence for any official to hold a person in a secret and/or unofficial place of detention.

 

19.   Ensure in law and in practice that anyone who is arrested is be informed, at the time of arrest, of the reasons for his or her arrest and is promptly informed of any charges against him or her.

 

20.   Ensure that all detainees receive a medical examination soon after they are arrested, and are provided with proper medical care.

With regard to conditions of detention

 

21.   Ensure that detainees and prisoners in every prison, labour camp, and other detention facilities in Myanmar are treated humanely, and with the respect due to their inherent dignity and value as human beings.

 

22.   Ensure that all detainees and prisoners are held in conditions which meet international standards, and are provided with adequate accommodation, hygiene, food and medical care on a timely basis, and that all prisoners are supplied with mosquito nets.

 

23.   Ensure that all detainees and prisoners have opportunities for socialization with one another; and that all prisoners have access to reading materials of their choice, and writing materials.

With regard to torture and ill-treatment

 

24.   Define torture in law, according to internationally accepted definitions, as a specific crime of the utmost gravity in the Myanmar Penal Code, and issue clear orders to all members of the security forces not to torture or otherwise ill-treat anyone in their custody.

 

25.   Introduce measures to safeguard against the use of torture and ill-treatment in interrogation, and to ensure that no evidence extracted as a result of such treatment is admissible in court, for example by recording the questioning of suspects and ensuring that such recordings are made available to defendants and their legal representatives.

 

26.   All detainees must be brought before a judicial authority promptly after being taken into custody and have prompt their access to lawyers, medical professionals and their families.

 

27.   Initiate prompt, effective, independent, and impartial investigations into all allegations of torture or ill-treatment, whether they are held in prisons or other official places of detention and where there is evidence of torture  bring to justice all suspected perpetrators, including those who had ordered or acquiesced to torture or ill-treatment, in proceedings which meet international standards of fairness.

 

28.   Ensure that confessions or other evidence obtained through torture are never invoked in legal proceedings, except as proof of torture or ill-treatment

With regard to disciplinary measures within prisons

29.   Ensure that disciplinary measures within prisons do not constitute torture or other forms of cruel, inhuman and degrading treatment, that shackling and corporal punishment are not used as a form of punishment, and that all reports of such treatment are promptly, independently and effectively investigated and perpetrators are prosecuted in proceedings which meet international standards of fairness.

With regard to all reported deaths in custody

30.   Independently and impartially investigate all reports of deaths in custody, and where the death occurred as a result of unlawful acts by officials or other persons, promptly bring perpetrators to justice in proceedings which meet international standards of fairness. Give families of the deceased and their lawyers access to information about the investigation procedure, and to other forms of redress, including compensation

With regard to the harassment of released political prisoners and their families

31.   Ensure that former prisoners, political activists and their families are not subjected to arbitrary detention, discrimination or harassment.

With regard to the International Community

32.   Implement the recommendations of United Nations General Assembly Resolution 59/263 on the situation of Human Rights in Myanmar, adopted without vote by the General Assembly on 23 December 2004.

33.   Accede without reservations to international human rights treaties, in particular the International Covenant on Civil and Political Rights and its protocols; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its protocol; and the International Convention on the Elimination of all Forms of Racial Discrimination.

 

List of Prisoners of conscience and Possible Prisoners of Conscience in Myanmar.

 

This list gives details of a selected number of individuals whom Amnesty International believes have, or may have been imprisoned in Myanmar on account of their peaceful exercise of the rights to freedom of expression, association and assembly,  and of those held without charge or trial under the State Protection Law. Amnesty International calls for the immediate and unconditional release of anyone among the more than 1,350 political prisoners in Myanmar who has been penalized solely for their peaceful exercise of these rights

1.

Name / Age

AUNG KO OO / Male,  not known

He was arrested with four others for the formation without official permission of a student union, distributing a statement about the student union to several universities, and planning to hold a students' conference on Human Rights Day, 10 December 2003. He was allegedly the student union's Executive Committee member.  It is believed that he and others were tortured during interrogation.

Political Party / Role / Place

Thingangyun, Yangon

Sentence / Legislation

13 years / SLORC Law 6/1988

Date of Arrest

16 July 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

YES

Profession

Student

 

2.

Name / Age

AUNG KYAW HEIN AKA KYAW ZAW (KO) / M,  date of birth 1972

He was arrested in 1998 with scores of other students, and sentenced for his peaceful activities to re-establish a student union in Myanmar.  This is his second period of imprisonment - he was previously imprisoned for displaying a picture of assassinated independence campaigner General Aung San at a stand during water festival celebrations in 1991, when he was a high school student. His father, U Kyi Tin Oo who was imprisoned for political reasons in 1994 and died shortly after his release from detention in 2004. He is being held 680 miles from his home a journey of more than 15 hours by road, in a prison where malaria is reportedly endemic.

Political Party / Role / Place

NLD Youth / Hlaing Yangon

Sentence / Legislation

14 years' imprisonment / 1950 EPA Section 5 [j]

Date of Arrest

March 1998

Prison Held

Kalay Prison

Health Concerns

Malaria, urinary tract infection and related problems

Torture Concern

 

Profession

Student

 

3.

Name / Age

AUNG KYAW OO AKA KYAW WIN THEIN

He has served a sentence for alleged contact with the ABSDF, and is now serving his second sentence, received while he was still imprisoned. He received a second sentence for writing a poem while imprisoned in Insein Prison, which was reportedly included in a magazine prepared by prisoners to commemorate the 75th anniversary of Yangon University. A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated the incident many were held in cells designed for military dogs, made to sleep on concrete floors without bedding and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. Two persons sentenced at this time subsequently died in custody, one of whom was arrested at the same time and was the same age as Aung Kyaw Oo.

Political Party / Role / Place

alleged ABSDF, from Yangon

Sentence / Legislation

12 years  + 7 years / 1950 EPA, 5[j,] [e], UAA, 17 (1)

 

Date of Arrest

August 1991

Prison Held

Tharawaddy

Health Concerns

liver, kidney disease, various health problems

Torture Concern

YES

Profession

Student

 

 

 

4.

Name / Age

AUNG KYI or GYI, male 

He was arrested with four others for the formation without official permission of a student union, distributing a statement about the student union to several universities, and planning to hold a students' conference on Human Rights Day, 10 December 2003. He was allegedly the student union's chair. It is believed that he and others were tortured during interrogation.

Political Party / Role / Place

South Okkalappa 1 Yangon

Sentence / Legislation

15 years / SLORC law 6/88

Date of Arrest

14 June 2003

Prison Held

Insein

Health Concerns

 

Torture Concern

YES

Profession

Student ( Law)

 

5.

Name / Age

AUNG PWINT AKA AWAYLU / Male,  c. 55

He is reported to have been sentenced to eight years imprisonment in connection with the making of unauthorised video tapes, including of forced labour, and allegedly passing news to organizations outside the country. He was charged with leaving the country without official permission.  He is reported to have suffered a gastric ulcer in detention. He is a well-known poet, and has also worked for a media group.

Political Party / Role / Place

Pathein Ayeyarwady Division

Sentence / Legislation

Eight years / UAA 17 (1), Immigration Act 13 (1),

Date of Arrest

September 1999

Prison Held

Tharawaddy

Health Concerns

gastric ulcer

Torture Concern

 

Profession

Poet And Videographer

 

 

 

 

 

6.

Name / Age

AUNG MYAT THU / Male,  not known

He is believed to have been arrested in connection with student demonstrations supporting educational reforms and NLD calls to convene parliament in September 1998.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

Bilin township Mon state

Sentence / Legislation

14 years / 1950 Emergency Provisions Act 5 [j], UAA 17 (1)

Date of Arrest

September 1998

Prison Held

Mawlamyine Prison  Mon State

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 7.

Name / Age

AUNG SAN SUU KYI (DAW) / f, 1945

She has been detained since she and NLD members travelling on party business in Upper Myanmar were violently attacked, in what is believed to have been a state orchestrated operation. Authorities stated that she and other NLD members were being held under “protective custody.” She was held incommunicado in an undisclosed location for more than four months until September 2003 when she was put under house arrest after undergoing surgery.  She was reportedly informed in November 2004 that she was being held under the 1975 State Protection Law, which allows detention without charge or trial on executive order.

She was held under house arrest between July 1989 and May 1995  and between September 2000 and May 2002, and in intervening periods has had her movement severely restricted. She has never been charged or tried for any of these periods of detention. She was awarded the Nobel Peace Prize while under house arrest in 1991.

 

Political Party / Role / Place

NLD General Secretary

Sentence / Legislation

none / 1975 SPL

Date of Arrest

30 May 2003

Prison Held

House arrest

Health Concerns

 

Torture Concern

 

Profession

 

 

8.

Name / Age

AUNG SOE MYINT / Male,  not known

He was arrested for possessing a motorcycle without license, and had been arrested after a minor accident in which the injured party did not wish to pursue a complaint. It is believed that he has been selectively prosecuted on behalf of his political activities, as the possession of motorcycles without license is widespread and individuals are reportedly seldom prosecuted for this offence. He was reportedly tortured in pre-trial detention, and has had health problems in detention.

Political Party / Role / Place

NLD MP elect, Taungoo Bago Division

Sentence / Legislation

7 years

Date of Arrest

19 August 2003

Prison Held

Insein Prison

Health Concerns

Diabetes, high blood pressure

Torture Concern

 

Profession

 

 

9.

Name / Age

AUNG TUN

He was arrested with a group of students and veteran political activists for allegedly writing a history of the student movement and its prominent role in political activism in Myanmar. He had reportedly coordinated the writing of the document, which ran into several volumes. Veteran student activists from the previous 40 years were arrested and sentenced at the same time, at least two of whom have reportedly died in prison.  He was reportedly tortured during interrogation. This is his second period of detention as a result of his political activities.

Political Party / Role / Place

ABFSU CC member

Sentence / Legislation

17 years / 1950 EPA,  5 [j], UAA, 17 (1), PPRA

Date of Arrest

17 February 1998

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

YES

Profession

Student

 

10.

Name / Age

AYE AUNG / dob c. 1974

Aye Aung was arrested in connection with peaceful demonstrations by students in favour of convening parliament.  He is believed to have distributed leaflets to the public. He is being held 680 miles from his home, a journey of more than 14 hours by public transport, in a prison where malaria is endemic.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

ABFSU / Thingangyun Yangon

Sentence / Legislation

24 or 45 years / EPA 5 [j], UAA 17 (1)

Date of Arrest

14 September 1998

Prison Held

Kalay Prison

Health Concerns

malaria and typhoid

Torture Concern

 

Profession

Student (Physics)

 

11.

Name / Age

AYE KYU (U) AKA MONYWA AUNG SHIN / Male,  at least 60

He was sentenced for allegedly writing a statement calling for the lifting of restrictions recently placed on the NLD, including the release of senior party leaders from house arrest. At least four other senior NLD members were sentenced with him, and accused by authorities of attempting to incite unrest, and breaking laws that require any printed material to be approved by the official censor.

Political Party / Role / Place

NLD DOC vice chair, NLD CEC member / Monywa Township Sagaing Division

Sentence / Legislation

21 yrs / 1950 EPA, 5 [j], PPRA 17/20

Date of Arrest

14/09/00

Prison Held

Insein

Health Concerns

asthma and respiratory problems

Torture Concern

 

Profession

Journalist / Poet

 

12.

Name / Age

AYE MYINT THAN (DAW)  / female,  aged c.50

She was arrested in a crackdown on opposition activists and students in September 1998, after the NLD called for parliament to be convened. Many of those arrested at the time were reportedly tortured in detention. It is believed that she was imprisoned for her peaceful political activities in support of the Committee Representing the People's Parliament, as a member of the NLD, and for possessing NLD materials. Her daughter, Hnin May Aung, was arrested at the same time and is also imprisoned.  She has had two strokes in prison. She is being held c. 170 miles from her home.

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

NLD TOC secretary / Thingangyun township Yangon

Sentence / Legislation

7 or 21 years / 1950 EPA, 5 [j]

Date of Arrest

August 1998

Prison Held

Myaungmya Prison

Health Concerns

heart disease, arthritis, 2 strokes

Torture Concern

 

Profession

Primary School Teacher

 

 13.

Name / Age

BA MYO THEIN AKA KO MYO / c. 38

He was arrested in 1991 for alleged connections to the CPB, and has served this part of his sentence. He was given a second term of imprisonment with a group of prisoners while in prison in 1996, for taking part in the gathering of information on human rights violations in Insein Prison to transmit to the United Nations. A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number stated that they had been tortured. He is being detained 340 miles from his home, a journey of approximately 10 hours by road.

Political Party / Role / Place

Alleged CPB, Yangon

Sentence / Legislation

Seven + 12 years ) / 1950 EPA, 5 [e] + [j], UAA 17 (1) Penal code 6A

Date of Arrest

1991

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Civil Servant

 

14.

Name / Age

BO BO HAN / m

Bo Bo Han was arrested in connection with the peaceful demonstrations held in Yangon in December 1991 which called for the release of Aung San Suu Kyi and other political prisoners. He was given a second sentence in 2001 in connection with a skirmish between prisoners in Taungoo Prison, in which he was reportedly not involved.

Political Party / Role / Place

Shan State

Sentence / Legislation

15 years imprisonment; commuted to 10 years 1.1.93 + 7 years' imprisonment 11/01 / 1950 EPA 5 [j], SPL Section 10 [a]

Date of Arrest

02/12/91

Prison Held

Thayet Prison  Magway Division

Health Concerns

 

Torture Concern

YES

Profession

Student

 

 

 

15.

Name / Age

BO BO OO / Male,  c. 40

The original reason for his arrest is not known. He was sentenced to a second prison term while still imprisoned for disseminating news from overseas broadcasts with Insein Prison in 1995. A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated the incident many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number stated that they had been tortured.  Two persons sentenced at this time subsequently died in custody, one of whom was in his 30s. He is being held nearly 400 miles from his home, a journey of at least 12 hours by road.

Political Party / Role / Place

Yangon

Sentence / Legislation

22 years / UAA 17 (1), 1950 EPA, 5 [e] 5 [j]

Date of Arrest

1991

Prison Held

Myingyan Prison

Health Concerns

respiratory disease

Torture Concern

 

Profession

Finished degree. Small business owner

 

16.

Name / Age

HAN SEIN (U)

U Han Sein was arrested on account of his alleged possession and distribution of the "New Era" journal.  Ten others were sentenced on similar charges.

Political Party / Role / Place

NLD / Pabedan (Yangon Division)

Sentence / Legislation

20 years imprisonment / UAA 17(1); 1950 EPA, 5(J), PPRA 17/ 20

Date of Arrest

10 August 1993

Prison Held

Tharawaddy Prison, Bago Division

Health Concerns

 

Torture Concern

YES

Profession

TV Video Store Owner

 

17.

Name / Age

HLA SHWE (U) AKA AUNG THA / m, c. 60

He is a political veteran and former student activist. He was sentenced for allegedly assisting Ko Aung Tun write a history of the student movement in Myanmar, with several others. He has reportedly suffered cardiac problems, and was imprisoned three times in the 1980s under suspicion of being a member of the CPB, when he is believed to have been badly tortured.   His son, Set Aung Naing, was arrested at the same time as him and is serving a sentence of 14 years' imprisonment.   He is being held over 300 miles away from his home, a journey of more than 12 hours by road.

Political Party / Role / Place

formerly People's Progressive Party / Thingangyun Yangon

Sentence / Legislation

14 years / 1950  EPA 5 [j], PPRA 17/20

Date of Arrest

February 1998

Prison Held

Thayet

Health Concerns

heart attack, gastric ulcer

Torture Concern

 

Profession

Quail Farmer

 

18.

Name / Age

HNIN MAY AUNG (MA) / female dob 1975

She was arrested in connection with small demonstrations in Yangon that took place in support of student rights and for the convening of parliament. She was reportedly tortured in detention and was held incommunicado for several months after arrest. She is being held more than five hours away from her home.

Political Party / Role / Place

Thingangyun Yangon

Sentence / Legislation

42 years' imprisonment / 5 j, PPRA 17/20/21

Date of Arrest

29/09/98

Prison Held

Myaungmya

Health Concerns

Various

Torture Concern

 

Profession

Student (Physics)

 

19.

Name / Age

HTAY HLAING / Male,  not known

Htay Hlaing was arrested after he and other teachers called on the SPDC to have dialogue with the NLD. It is believed that he was ill-treated in interrogation. He is being held 175 miles from his home, a journey of approximately eight hours by road.

Political Party / Role / Place

not known / Yangon

Sentence / Legislation

13 years / 1950  EPA 5 [j]

Date of Arrest

November 1996

Prison Held

Taungoo

Health Concerns

asthma, gastric complaints

Torture Concern

YES

Profession

Private Teacher/Landlord

 

 20.

Name / Age

KHAING KAUNG SAN / Male,  not known

He was forcibly returned from Thailand to Myanmar. He had been living in Thailand as an asylum-seeker for several years.  He was granted official refugee status by the United Nations High Commissioner for Refugees (UNHCR) in 2000.  He is reported to be a well known political dissident and human rights activist who worked closely with Arakanese organizations in providing political, socio-cultural and economic support to Arakanese people in Thailand. 

Political Party / Role / Place

ALD vice chairman

Sentence / Legislation

10 years / UAA 17 (1)

Date of Arrest

5 December 2000

Prison Held

Thayet Prison  Magway Division

Health Concerns

 

Torture Concern

YES

Profession

 











21.

Name / Age

KHIN KHIN LEH (MA) / f, dob 1966

She was arrested in connection with a demonstration to commemorate the assassination of General Aung San and to support the NLD, the lowering of food prices and revision of civil servants' salaries.  Her three year old daughter was arrested at the same time, and was held with her in custody for up to five days. 

Political Party / Role / Place

NLD / Bago Division

Sentence / Legislation

life / 1950 EPA 5 [j], UAA 17(1)

Date of Arrest

July 1999

Prison Held

Insein

Health Concerns

lung disease, rheumatoid arthritis, dysentery

Torture Concern

 

Profession

Teacher

 

 

22.

Name / Age

KHIN MAUNG KYI (U) / Male, 56   dob 1948

He was arrested for allegedly distributing leaflets in November and December 1998, and accused of carrying out anti-government activities "under the pretext of democracy."   He is imprisoned at least 250 miles from his home, a journey of approximately 10 hours by road.

Political Party / Role / Place

NLD  Mon State EC member / Mon State

Sentence / Legislation

10 years / 1950 EPA [5j], UAA 17 (1)

Date of Arrest

8 September 1998

Prison Held

Thayet

Health Concerns

gout

Torture Concern

YES

Profession

 







23.

Name / Age

KHIN MAUNG SWE AKA YE KYAW / aged c. 62  dob 1942

He was arrested in 1990 under charges of support for the formation of a parallel government, and was released under an amnesty in 1992. He was rearrested and on the basis that authorities alleged he had told diplomats and foreign journalists "fabricated news" and had allegedly given them documents produced by expatriate groups, the terms of his amnesty were revoked, and  he was given a further sentence of seven years' imprisonment.  He has reportedly had chronic health problems in detention, and has been held for the majority of the time in Myingyan prison c. 400 miles from his family, a journey of at least 12 hours.

 

Political Party / Role / Place

NLD / MP-elect / Yangon (Sanchaung)

Sentence / Legislation

10  + seven years / 1950 EPA, 5 [e]

Date of Arrest

4 July 1994

Prison Held

Mandalay

Health Concerns

Haemorrhoids, gastric ulcer

Torture Concern

 

Profession

Geologist

24.

Name / Age

KHIN MAUNG WIN / Male,  not known

He was arrested for staging a peaceful demonstration outside City Hall in Yangon, with fellow law student Thet Naung Soe. He had reportedly handed out leaflets the previous day, calling on authorities to initiate political dialogue with the NLD

Political Party / Role / Place

 

Sentence / Legislation

7 years / 1950 EPA, 5 [j]

Date of Arrest

18 August 2002

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student (Law)

 

25.

Name / Age

KHIN ZAW WIN (U) ALIAS KELVIN / dob 30/01/50; m

He was arrested at Yangon airport on his return to Singapore in connection with papers, computer disks and letters which he was carrying with him which allegedly included "anti-government sentiments".  He was among a group of prisoners who were penalized in 1996 for allegedly attempting to send information regarding poor prison conditions in Insein to the UN, and for circulating news in the prison.  They were placed in military dog cells, forced to sleep on concrete floors with no bedding, and forbidden any visits from their families.  He is being held in a prison more than 900 miles from his family, a journey of approximately 24 hours by train.

Political Party / Role / Place

Yangon

Sentence / Legislation

15 years / 1950 EPA, 5[e], UAA, 17 (1),  currency and customs charges; OSA, section 5

Date of Arrest

4 July 1994

Prison Held

Myitkyina Prison

Health Concerns

Gastric problems, arthritis, haemorrhoids

Torture Concern

YES

Profession

Overseas Student; Dentist

 

26.

Name / Age

KHIN SOE / Male,  not known

He was arrested for distributing pamphlets characterized by authorities as propaganda, and "instigative" in July 1998.

Political Party / Role / Place

NLD TOC chair / Ye  Mon State

Sentence / Legislation

20 years' imprisonment / 1950 EPA, 5[j], UAA  17(1)

Date of Arrest

22/12/98

Prison Held

Tharawaddy

Health Concerns

 

Torture Concern

 

Profession

 

 

 

 

27.

 

Name / Age

KYAW KHIN (U) / 69 years old

He was sentenced for giving a leaflet containing the list of awards conferred on Daw Aung San Suu Kyi to a girl and for a peace of paper allegedly found at a seat used by him and which contained the predictions by the BBC for the following year. Authorities reportedly penalized him for photocopying an NLD leaflet, which had been approved by the official censor. He was previously detained between 1996 and January 2005.  Authorities had sentenced him to 10 year’ imprisonment, and alleged that he had been contacted to obtain "recorded videotapes with antigovernment messages broadcast by foreign television stations" to agitate civil unrest.

Political Party / Role / Place

NLD /  (MP) of No.1, Constituency of Taunggyi Township, Shan State

Sentence / Legislation

14 years / 1950 EPA  5(J), 1962 PPRA 17

Date of Arrest

25 February 2005

Prison Held

 

Health Concerns

Heart disease

Torture Concern

 

Profession

Trade Corporation Officer In A Jade Mine

 

 

28.

 Name / Age

KYAW MIN YU AKA JIMMY, 32 years

Kyaw Min Yu was arrested in connection with his political activities, including the formation of a student union.  He was originally held without charge or trial and then charged with trying to incite unrest, and has completed this sentence.  He received a second sentence while still imprisoned in connection with his alleged involvement in plans to distribute news from overseas broadcasts within Insein Prison, and to contact the United Nations Human Rights Commission about conditions in the prison.    A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. He is reported to have been severely tortured during detention, including in the suppression of a hunger strike in Insein Prison in 1990, during which prisoners requested the right to read books. His brother is a former political prisoner. 

Political Party / Role / Place

DPNS / Hlaing Yangon

Sentence / Legislation

20 years ; commuted to 10 years 01/01/93 + 7 years / 1950 EPA, 5 [a], 5 [e]

Date of Arrest

1989

Prison Held

Tharawaddy Prison

Health Concerns

Malnutrition, gastric problems

Torture Concern

YES

Profession

Student

 

29.

Name / Age

KYAW MYO MIN / Male,  not known

He was arrested with his wife, Kyi Kyi Win, for allegedly contacting NLD members in Thailand and for allegedly distributing political literature, videotapes and stickers.

Political Party / Role / Place

NLD / Bilin township Mon State

Sentence / Legislation

Seven years / 1950 EPA, section 5 [j], 17 (1), 13 (1)

Date of Arrest

2000

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

30.

Name / Age

KYAW SAN (U) / 73 years old

U Kyaw San was penalized for having goods at his house without the correct import documentation. The goods reportedly did not belong to him, He staged a month long hunger strike in protest at his arrest. He had been released from prison on 19 November 2004, where he had been held since September 1998. He had been sentenced to seven years’ imprisonment in 1992, reportedly for distributing pamphlets, and was released in 1995. When the NLD called for the convening of parliament, authorities rearrested him and  made him serve the remainder of his previous prison sentence, from which he had been released, reportedly under the condition that he would have to serve the remainder of his sentence should he reoffend by engaging in politics.

Political Party / Role / Place

 NLD MP-elect Tantse Township, Sagaing Division  chairman

Sentence / Legislation

7 years’ imprisonment, under import and export legislation

Date of Arrest

17 March 2005

Prison Held

Insein

Health Concerns

hypertension

Torture Concern

 

Profession

Former military colonel

31.

 Name / Age

KYAW SWA / M dob 1964

He was sentenced for his suspected involvement in plans for demonstrations by political groups in exile. It is believed that he was badly tortured in interrogation.

Political Party / Role / Place

Tamway Yangon

Sentence / Legislation

36 years / 1950 EPA, 5 [j], UAA 17(1)

Date of Arrest

September 1999

Prison Held

Yangon

Health Concerns

 

Torture Concern

YES

Profession

Student

 

32.

Name / Age

KYI KYI MIN (MA) AKA MA HTAY HTAY NGWE YEE / female,  not known

Authorities alleged she and her husband Kyaw Myo Min brought stickers and other materials from opposition groups in exile during 1999 into Myanmar urging people to support the convening of parliament and in support of demonstrations against one party rule.

Political Party / Role / Place

NLD / Bilin township Mon State

Sentence / Legislation

Seven years / 1950 EPA,  5 [j], UAA 17(1)

Date of Arrest

2000

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

 

 

33.

Name / Age

 LWIN AUNG  (KO) / M

He was arrested in connection with student plans to convene a meeting to discuss current national and international political affairs.

Political Party / Role / Place

 

Sentence / Legislation

7 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

9 August 1996

Prison Held

Not known

Health Concerns

 

Torture Concern

 

Profession

Student

34.

 

Name / Age

MA OO (MA) (F), c. 40

 She was arrested in connection with student demonstrations in favour of the legitimisation of student unions, and is currently reported to be in a poor state of health. She was denied legal counsel at her trial.  This is her second period of imprisonment for political reasons. She is being held more than 400 miles from her home, a journey of more than 12 hours by train.

Political Party / Role / Place

Mandalay

Sentence / Legislation

14 years

Date of Arrest

December 1996

Prison Held

Insein

Health Concerns

rheumatoid arthritis, upper respiratory tract infection

Torture Concern

 

Profession

Former student

 

35.

Name / Age

MAUNG MAUNG LAY

He is believed to have been arrested for distributing testimony from victims of the violent attack on NLD members at Depayin in May 2003.  He has been arrested on account of his political activities before.

Political Party / Role / Place

NLD / Kyimindine Township Yangon

Sentence / Legislation

7 years / 1950 EPA,  5[j]

Date of Arrest

June 2003

Prison Held

Insein

Health Concerns

 

Torture Concern

YES

Profession

Onion and chilli salesman

 

36.

Name / Age

MAY WIN MYINT (DAW) / f, 54 yrs. old 08/03/1950

Daw May Win Myint was among a group arrested after an attempt by the NLD to hold a meeting with Daw Aung San Suu Kyi and the NLD Youth in Mayangone township, which authorities characterized as "anti-government activities with a mob." She is reported to have been deprived of drinking water and to have been mistreated during interrogation. She is being detained under an administrative detention law beyond the expiry of her sentence.

Political Party / Role / Place

NLD / MP-elect / Mayagone 2 Yangon Division

Sentence / Legislation

6 years imprisonment / 1950 EPA,  5[j], SPL 10 [a]

Date of Arrest

28 October 1997

Prison Held

Insein Prison  Yangon

Health Concerns

 Heart disease, high blood pressure and arthritis, stiff shoulder

Torture Concern

YES

Profession

Medical Doctor

 

37.

Name / Age

MYAT SAN

Myat San was sentenced for his participation in demonstrations to celebrate Aung San Suu Kyi receiving the Nobel peace prize. He is being held beyond the end of his sentence under section 10 a of the 1950 State Protection Law. He is being held at least 170 miles from his home, a journey of more than eight hours by road.

Political Party / Role / Place

NLD / Pabedan township Yangon Division

Sentence / Legislation

15 years; commuted to 10 years 1.1.93 / 1950  EPA 5 [j], SPL 10 [a]

Date of Arrest

11 December 1991

Prison Held

Taungoo Prison

Health Concerns

gastric ulcer, tuberculosis

Torture Concern

 

Profession

Student

 

38.

Name / Age

MYINT HTAY / Male,  c. 38

He is believed to have been charged for distributing false information, for allegedly distributing testimony from victims of the violent attack on NLD members at Depayin in May 2003. He was reportedly tortured during detention. He has been arrested on account of his political activities before. He was reportedly illtreated and penalized for taking part in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

NLD Youth / Tamway Yangon Division

Sentence / Legislation

Seven years' imprisonment

Date of Arrest

June 2003

Prison Held

 

Health Concerns

 

Torture Concern

YES

Profession

Builder

 

 39.

Name / Age

MYO MIN TUN

He was arrested with four others for the formation without official permission of a student union, distributing a statement about the student union to several universities, and planning to hold a students' conference on Human Rights Day, 10 December 2003. He was allegedly the student union's temporary vice-chair. It is believed that he and others were tortured during interrogation.

Political Party / Role / Place

North Dagon

Sentence / Legislation

13 years / SLORC law 6/88 [6]

Date of Arrest

July 2003

Prison Held

Insein

Health Concerns

 

Torture Concern

YES

Profession

Student ( Law)

 

40.

Name / Age

MYO MIN ZAW ALIAS MOE HEIN AUNG / Male,   dob 1977

Myo Min Zaw was arrested for his role in student demonstrations calling for improvements to education in the country, and support for NLD calls to convene parliament. He was reportedly tortured in interrogation. He was transferred to Mandalay from Pathein Prison in September 2003 after taking part in a hunger strike calling for the release of political prisoners, including Daw Aung San Suu Kyi, implementation of the results of the general election and improvements to living standards for political prisoners.  (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

 

Political Party / Role / Place

SYUF, ABFSU / Bahan Yangon

Sentence / Legislation

52 years / 1950 EPA 5 [j], PPRA 17/20

Date of Arrest

14 September 1998

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

YES

Profession

Student

41.

Name / Age

NAING NAING (U) (SAW) / aged 62 dob 1942

U Naing Naing was arrested for his alleged involvement in the preparation of a statement calling for the release of Daw Aung San Suu Kyi, and for the lifting of restrictions on the National League for Democracy.

 

Previous Imprisonment

After authorities refused to transfer power to the NLD, a group of Members of Parliament, allegedly including U Naing Naing, met to discuss the formation of a parallel government until the time that power was transferred. As a result he was imprisoned between 1990 and 1999. Authorities forced him on two occasions to sleep in military dog cells, and deprived him of food and water for extended periods. On the first occasion, he was among prisoners who were being interrogated about how information on the ill-treatment of prisoners had been gathered within the prison. On the second occasion, he was being punished for making a memorial for a political prisoner who had died in custody and who had also been held in a prison dog cell at the same time as U Naing Naing.

Political Party / Role / Place

NLD / MP-elect / Pazundaung Yangon

Sentence / Legislation

21 years / 1950 EPA, 5 [j], PPRA 17/20

Date of Arrest

14/09/00

Prison Held

Insein Prison

Health Concerns

hernia and heart disease

Torture Concern

YES

Profession

Former Govt Trade Manager

 

42.

Name / Age

NAN SHIN MON AKA NAN SHIN NAUNG / Male,  not known

He was arrested with four others for the formation without official permission of a student union, distributing a statement about the student union to several universities, and planning to hold a students' conference on Human Rights Day, 10 December 2003. He was allegedly the student union's temporary general secretary.  It is believed that he and others were tortured during interrogation. He was reportedly penalized for taking part in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

 

Sentence / Legislation

15 years / SLORC law 6/88

Date of Arrest

July 2003

Prison Held

Insein Prison  Yangon

Health Concerns

 

Torture Concern

YES

Profession

Student (Law

 

43.

Name / Age

NAY TIN MYINT / 37 years old  dob 1967

Nay Tin Myint was imprisoned with 11 others for the distribution and photocopying of journals, which were characterized by authorities as against the government.  He was reportedly denied legal representation at his trial.  This is the second time he has been imprisoned since 1989, and he was reportedly badly tortured when previously imprisoned between 1989 and 1992. He is believed to have had chronic health problems. He is being held more than 400 miles from his home, a journey of approximately 12 hours by road.

Political Party / Role / Place

Bahan Yangon

Sentence / Legislation

20 years / UAA 17/1, 1950 EPA, 5 [j], PPRA 17/20

 

Date of Arrest

7 July 1993

Prison Held

Myingyan Prison, Mandalay Division

Health Concerns

malnutrition, gastric disease and impaired movement, peripheral neuropathy, bad respiratory problems

 

Torture Concern

YES

Profession

Student (Zoology)

 

44.

Name / Age

NE WIN (KO) / Male, c. 43 years old

He is believed to have been arrested for distributing testimony from victims of the violent attack on NLD members at Depayin in May 2003.  He has been arrested on account of his political activities before.

Political Party / Role / Place

NLD / Dagon Township

Sentence / Legislation

7 years / 1950 EPA,  5[j]

Date of Arrest

June 2003

Prison Held

Insein

Health Concerns

 

Torture Concern

YES

Profession

Builder

 

 

45.

Name / Age

OHN THAN (U) / Male,  58 years old

He was reportedly arrested for staging a peaceful one man protest outside United Nations offices in Yangon, calling for the convening of parliament under UN supervision, and for an investigation into the attack on NLD members at Depayin on 30 May 2003. He was reportedly sentenced for inciting unrest. This is reportedly his third period of imprisonment for political reasons.

Political Party / Role / Place

Dagon Yangon

Sentence / Legislation

two years / 515 b

Date of Arrest

September 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Forestry Department Employee

 

 

 46.

Name / Age

PHYO MIN THEIN / Male,  not known

He is believed to have been arrested in connection with student demonstrations after Daw Aung San Suu Kyi received the Nobel Peace Prize.  He received a second sentence while imprisoned in Insein Prison, for allegedly making a cover of a magazine to commemorate the 75th anniversary of Yangon University, prepared clandestinely by prisoners, and for discussing sending information on human rights violations in the prison to the United Nations.  A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated the incident many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured.  He was reportedly severely tortured during interrogation, and is reported to have health problems during his detention. Two persons sentenced at this time subsequently died in custody.

Political Party / Role / Place

ABFSU, DPNS / Tanyin Yangon

Sentence / Legislation

14 years / 1950 EPA, 5 [j], UAA  17/1

Date of Arrest

December 1991

Prison Held

Myingyan

Health Concerns

Malnutrition, heart problems

Torture Concern

YES

Profession

Student

 

47.

Name / Age

SAN YA / Male,  not known

He is reported to have been sentenced in September 2004 with three NLD members for allegedly receiving foreign satellite stations without official permission for satellite use.

Political Party / Role / Place

NLD Mon State

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5[j]; UAA 17 (1)

Date of Arrest

July 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

48.

Name / Age

SAW HLAING (U) / 49 years old

He was sentenced for having “unlicensed” computers and was reportedly denied access to legal counsel.   He has been repeatedly arrested for political reasons, including in 1974; 1990; 1998 and 2003.

 

Political Party / Role / Place

NLD MP-elect, Indaw Township / Sagaing Division

Sentence / Legislation

12 years

Date of Arrest

30 March 2005

Prison Held

Katha

Health Concerns

Chronic backache, arthritis

Torture Concern

 

Profession

Lawyer

49.

Name / Age

SAW NAN DI / Male   dob 1935

He was reportedly arrested for representing farmers’ complaints about the rice trade. U Sai Phat, vice chairman of NLD Shan State organizational committee, who was arrested with him died one month after arrest, reportedly of cerebral malaria.

Political Party / Role / Place

NLD / Divisional Organizational Committee chairman / Kengtung Shan state

Sentence / Legislation

7 years six months / 1950 Emergency Provisions Act, 5j, 33 of the Drug Special Act

Date of Arrest

September 2002

Prison Held

Kengtung Prison

Health Concerns

liver and kidney disease

Torture Concern

 

Profession

Politician

 

50.

 

Name / Age

SAW NE DUN (U) / c.84/5  years old

U Saw Ne Dun was sentenced for alleged support for the formation of a government in exile, after authorities failed to recognize the results of the 1991 elections.  His wife died on her way to see him in prison in early 2004.

Political Party / Role / Place

NLD TOC chairman / Pauk Hkaun Bago Division

Sentence / Legislation

17, commuted to 10 years 1.1.93 / 1950 EPA, 5 [j], BPC, 124 (A)

 

Date of Arrest

1991

Prison Held

Tharawaddy Prison

Health Concerns

asthma, hypertension, heart problems

Torture Concern

 

Profession

 

 

 

 

 

 

51.

Name / Age

SEIN HLA OO (U) AKA MAUNG NGWE OO / aged 66 dob 1938

Authorities alleged that he had told foreign diplomats and journalists "fabricated news" and distributed documents produced by expatriate groups "to cause misunderstanding of the government". He is also being made to serve the remainder of a previous prison sentence for political reasons, because authorities stated that he “breached his promise and secretly carried out anti-gov't activities.” He had been previously detained between 1990 and 1993 for allegedly taking part in a discussion about the formation of a parallel government. He is being held approximately several days journey from his family by road.

 

Political Party / Role / Place

NLD / MP-elect / Insein 2 Yangon

Sentence / Legislation

7 years  + remainder of 10 years previous term / 1950  EPA 5 [j]

Date of Arrest

 August 1994

Prison Held

Myitkyina Prison

Health Concerns

hypertension, hernia

Torture Concern

 

Profession

Former Newspaper Editor And Film Critic

52.

Name / Age

SET AUNG NAING / aged c. 30

 He is believed to have been arrested on account of his peaceful activities to campaign for the establishment of a student union in Myanmar, which authorities categorized as activities "to  foster student dissatisfaction against the government."  His father, U Hla Shwe, was sentenced at the same time for allegedly helping prepare a history of the student movement in Myanmar. This is Set Aung Naing's second term of imprisonment. Set Aung Naing is believed to have been previously arrested in connection with the political activities of his family members.  He was reportedly severely tortured in September 1990, and is suffering from kidney disease. He is being held 400 miles from his home, a journey of approximately 12 hours by road.

Political Party / Role / Place

Thingangyun Yangon

Sentence / Legislation

14 years / 1950 EPA, 5 [j], UAA 17 (1) (2)

Date of Arrest

24 January 1998

Prison Held

Myingyan Prison

Health Concerns

kidney disease

Torture Concern

YES

Profession

Student

 

53.

Name / Age

SHWE MAUNG / Male,  not known

He is reported to have been arrested for moulding a large replica of a khamauk, a hat traditionally worn by rice farmers in Myanmar, and a symbol used by the NLD. He and local NLD activists reportedly celebrated the making of the hat by offering food to local residents in Mandalay.  He was reportedly charged with handling stolen goods, charges which are believed to be fabricated, accused in a press conference of trying to incite unrest, and held for a considerable period of time in solitary confinement in a cell without light.

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

Three years / not known

Date of Arrest

November 2002

Prison Held

Mandalay

Health Concerns

 

Torture Concern

Yes

Profession

Goldsmith

54.

 

Name / Age

SHWE OHN (U) / 82 years old

He was placed under house arrest for taking part in a Shan National Day meeting in Taunggyi on 7 February 2005. It was reported that participants discussed the future of the Shan State and the role of the ceasefire groups at the National Convention. He was previously arrested in December 1992 and sentenced to one year imprisonment for writing and distributing an essay on the form the new constitution should take.

Political Party / Role / Place

Democratic League for the National Races of the Shan State (abolished) / Shan veteran politician

Sentence / Legislation

Reportedly one year of house arrest / 1975 SPL 10 (B)

Date of Arrest

8 February 2005

Prison Held

House arrest

Health Concerns

 

Torture Concern

 

Profession

Lawyer and writer

 

55.

Name / Age

SOE HAN / Male,  c. 50

He was sentenced in connection with the issuing of an NLD statement calling for the lifting of restrictions against party members, including Aung San Suu Kyi, who was under house arrest at the time. He is a former chief court advocate. He served part of a three month sentence handed down in June 2000. He was reportedly widowed in 2000 and is in a poor state of health.  He was reportedly penalized for taking part in a hunger strike in Insein Prison in May 2005, and is believed to have been transferred to Thayet Prison.

Political Party / Role / Place

NLD DOC member, legal advisory chair / Yangon

Sentence / Legislation

21 years / 1950 EPA,  5 [j], PPRA 17/20

Date of Arrest

September 2000

Prison Held

Insein Prison or Thayet Prison

Health Concerns

eye problems

Torture Concern

 

Profession

Lawyer

 

56.

Name / Age

SOE MYINT (U) AKA SAYA SOE / Male,  not known

He was arrested in 1992 on account of his former affiliations with the Communist Party of Burma, and reportedly because he composed a song commemorating the election victory of the National League for Democracy. He was given a second sentence for his participation in a group in prison who coordinated the production of a magazine, for which he reportedly wrote some songs and short stories.  A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated him and others were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. He was held in a dog cell between November 1995 and January 1996. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. This is his third period of imprisonment for political reasons.

 

Political Party / Role / Place

Alleged CPB / Hlaing township Yangon

Sentence / Legislation

22 years (10 + 7 + 5) / 1950 EPA,  5 [j], 5 [e], UAA 17/1,

Date of Arrest

1992

Prison Held

Tharawaddy Prison

Health Concerns

rheumatoid arthritis

Torture Concern

YES

Profession

Veterinary Doctor

57.

Name / Age

SOE MYINT (U) / Male,  58 years old dob 1946

He was arrested in connection with NLD calls to convene parliament in 1998.  He was reportedly admitted to Insein Prison hospital in September. His son, Lin Lin Tun, was also imprisoned in the same connection, and is suffering from heart and gastric disease in Mandalay Prison.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

NLD / MP-elect / Min Bu1 Magway Division

Sentence / Legislation

14 or 28 years

Date of Arrest

September 1998

Prison Held

Insein Prison

Health Concerns

heart condition, arthritis, high blood pressure, paralysis

Torture Concern

 

Profession

Former Teacher And Businessman

58.

Name / Age

THAN HLAING / Male,  not known

He was arrested after he protested against the confiscation of his land used for rice paddy by the army and the Union Solidarity and Development Association, by leading others whose land had been taken to local authorities to ask for its return.  He was reportedly denied access to lawyers at his trial.

Political Party / Role / Place

NLD

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

2000

Prison Held

Taungoo Prison

Health Concerns

 

Torture Concern

 

Profession

Farmer

 

 

59.

Name / Age

THAN HTAY (U)

He was arrested in August 2004, and was reportedly sentenced  with his son, Than Htun Oo, his nephew and one other for alleged infringements under import and export legislation, relating to his son's electronic shop. It is believed that he was sentenced in connection with his political activism, and his refusal to cease political activities. He had reportedly been under pressure from local SPDC authorities to resign from his position of elected MP and was also reportedly active in an NLD signature gathering campaign for the release of Daw Aung San Suu Kyi. He was arrested in September 1998 and detained by authorities after refusing to report twice daily to them and not to travel. He was also held in incommunicado detention in 1996 to prevent him from attending an NLD meeting.

Political Party / Role / Place

NLD MP elect, Lashio Shan State

Sentence / Legislation

Three years

Date of Arrest

August 2004

Prison Held

Insein Prison 

Health Concerns

Yes, kidney problems when previously detained

Torture Concern

 

Profession

Lawyer

 

60.

Name / Age

THAN HTAY (MA) AKA MALAYI / female,  not known

She and another nun staged a peaceful protest outside City Hall in Yangon, the capital of Myanmar, calling for political dialogue and protesting increases in food prices. Authorities stated that they were committing "destructive acts in the name of religion", and had been instructed to do this by the opposition in exile.  She was also charged under the Immigration Act for leaving the country illegally. She is being imprisoned at least 12 hours by road from her home.

Political Party / Role / Place

Lemyethna

Sentence / Legislation

13 years / 1950 EPA, 5 [j], UAA 17 (1), Immig. Act 13 (1)

Date of Arrest

16 January 2003

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

Nun

 

61.

Name / Age

THAN MIN ALIAS TIN TUN AUNG / dob c. 1958

Than Min was sentenced for sending allegedly "threatening" letters written by NLD MP-elect Dr. Aung Khin Sint and information about the NLD to National Convention delegates, characterized by authorities as "instigative letters for disrupting the National Convention".

Political Party / Role / Place

NLD EC member / Mingala Thaungnyunt Yangon

Sentence / Legislation

20 years / UAA 17 (1), 1950 EPA, 17(1), 1962 PPRA 17/20

Date of Arrest

03/08/93

Prison Held

Taungoo Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

62.

Name / Age

THAN NYEIN (DR.) / 67 years old dob 1937

He was arrested for attempting to arrange a meeting of local NLD activists with the party's General Secretary, Daw Aung San Suu Kyi. He is being held beyond the expiry of his sentence under an administrative detention law that allows authorities to hold prisoners without charge or trial. He went on hunger strike in October 2004 to protest this, and was reportedly transferred as a punishment to Tharawaddy Prison before being returned to Insein hospital. He has been repeatedly hospitalised during his imprisonment. He was moved for the fourth time since his sentence expired, in January 2005, to Pyay Prison

Political Party / Role / Place

NLD MP-elect / MP-elect / Kyauktan 1 Yangon

Sentence / Legislation

Seven years / SPL, 10 (a) 1950 EPA, 5 [j]

Date of Arrest

28/10/97

Prison Held

Pyay prison

Health Concerns

chronic liver cirrhosis, heart disease, hypertension, renal stones and bleeding, swollen abdomen

Torture Concern

 

Profession

Medical Doctor

 

63.

Name / Age

THAN OO (KO) / M

He was arrested in August 1996, reportedly for planning a student group meeting to discuss world affairs, the UN, ASEAN, ethnic minority issues and political and social conditions.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j]

Date of Arrest

9 August 1996

Prison Held

Myingyan Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

64.

Name / Age

THAN THAN HTAY (DAW) / female,  not known

She is reported to have been sentenced in September 2004 with three other NLD members for allegedly receiving foreign satellite stations without official permission for satellite use, and under suspicion of communicating news to opposition groups in exile. She and others were reportedly not allowed to testify in court. 

Political Party / Role / Place

NLD Women's Wing, DOC member / Magway Division Myothit 2

Sentence / Legislation

Seven years' imprisonment / 1950 EPA 5j, 13 (1)

Date of Arrest

8 June 2004

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

65.

Name / Age

THAN THAN HTAY (MA) / f dob 1967

She was reportedly arrested for taking part in campaigns on education initiated by student groups in exile. She was previously imprisoned on account of her activities as a member of the ABFSU.

Political Party / Role / Place

Yangon

Sentence / Legislation

17 years / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

2000

Prison Held

Insein Prison

Health Concerns

arthritis

Torture Concern

 

Profession

 

 

 

 66.

Name / Age

THAUNG TUN, AKA NYEIN THIT / Male,  not known

He is reported to have been sentenced to eight years imprisonment for allegedly making unauthorised video tapes, including of forced labour, and sending them  outside the country.  He is a well-known poet, and has also worked for the MV media group.

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

Eight years / 17 (1), 13 (1) Immigration Act

Date of Arrest

October 1999

Prison Held

Mawlamyine Prison

Health Concerns

gastric ulcer

Torture Concern

 

Profession

Poet

 

67.

Name / Age

THEIN NAING OO(U) /

He was sentenced in September 2003 for allegedly distributing information about the attack on NLD members at Depayin on 30 May 2003.

Political Party / Role / Place

NLD Dallah Yangon

Sentence / Legislation

Seven years / 1950  EPA 5 [j]

Date of Arrest

June 2003

Prison Held

Insein Prison

Health Concerns

YES

Torture Concern

 

Profession

 

68.

 

Name / Age

THET NAUNG SOE / Male,  not known

Thet Naung Soe, a final year law student, was arrested for staging a peaceful demonstration outside City Hall in Yangon, with fellow law student Khin Maung Win. He had reportedly handed out leaflets the previous day, calling on authorities to initiate political dialogue with the NLD.

Political Party / Role / Place

 

Sentence / Legislation

14 years / 1950 EPA, 5 [j]

Date of Arrest

18 August 2002

Prison Held

Insein Prison

Health Concerns

Mental illness

Torture Concern

 

Profession

Student

 

69.

Name / Age

THET WEI / Male,  not known

He was sentenced in connection with U Ohn Than’s peaceful demonstration outside UNDP offices in Yangon.

Political Party / Role / Place

NLD TOC chairman / Sanchaung Yangon

Sentence / Legislation

Two years

Date of Arrest

September 2004

Prison Held

 

Health Concerns

YES

Torture Concern

 

Profession

 

 

 

 

 70.

Name / Age

THET WIN AUNG  Male,  dob c. 1972

Thet Win Aung was arrested in connection with peaceful student demonstrations which protested against the poor quality of education and the human rights situation in Myanmar. This is the second time he has been detained -- he was reportedly held in prison for 9 months in 1991, during which period he is reported to have been tortured. He is being held around 400 miles from his home, a journey of around 12 hours.

Political Party / Role / Place

ABFSU / Member / Tamway Township

Sentence / Legislation

59 years / 1950 EPA 5[j]  UAA 17 (1)

Date of Arrest

4 October 1998

Prison Held

Mandalay Prison 

Health Concerns

Mental illness, malaria and other ailments

Torture Concern

YES

Profession

Student

 

 

71.

Name / Age

THET OO / c. 45

He was arrested for the alleged distribution of New Era, an opposition journal produced in Thailand.

Political Party / Role / Place

 

Sentence / Legislation

20 years imprisonment / UAA, 17(1)  1950 EPA,  5(1), 1962 PPRA, 17/20

Date of Arrest

19/06/93

Prison Held

Tharawaddy Prison

Health Concerns

He reportedly has one leg disabled by polio, hypertension and Menier's disease, and hearing problems

Torture Concern

 

Profession

Businessman

 

 72.

Name / Age

TIN TIN NYO (Ma) (f)

She was sentenced in September 2003 for allegedly writing to Daw Aung San Suu Kyi about the state of education in the country.

Political Party / Role / Place

NLD Dallah Yangon

Sentence / Legislation

Seven years / 1950  EPA 5 [j]

Date of Arrest

June 2003

Prison Held

Insein Prison

Health Concerns

YES

Torture Concern

 

Profession

c. 40 years old

 

 

73.

Name / Age

TIN TIN OO (MA)  AKA THAYZAWADDY / female

She and another nun staged a peaceful protest outside City Hall in Yangon, the capital of Myanmar, calling for political dialogue and protesting increases in food prices. Authorities stated in a press conference that they were committing "destructive acts in the name of religion", and had been instructed to do this by the opposition in exile.  She was also charged under the Immigration Act for leaving the country illegally.

Political Party / Role / Place

Labutta Ayeyarwady Division

Sentence / Legislation

seven or 15 years' imprisonment / 1950 EPA,5j, UAA 17 (1), Immigration Act 3 (1)

Date of Arrest

16/01/03

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Buddhist Nun

 

 

74.

Name / Age

TIN MYINT (U) / Male,  not known

He was arrested with three other NLD members, and reportedly sentenced for owning satellite television equipment without official permission. He and others were reportedly not allowed to present testimony during the trial.

Political Party / Role / Place

NLD TOC secretary / Thingangyun Yangon

Sentence / Legislation

Seven years' imprisonment / 1950 EPA 5 [j], 13 (1)

Date of Arrest

8 June 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

75.

Name / Age

TIN OO (U) / aged 77 dob 1927

He was detained by authorities after he and other NLD officials and members were violently attacked in what is believed to have been a state orchestrated operation. He was held in Kalay Prison and transferred into house arrest in February 2004. He was held in Insein Prison between 1990 and 1995 on account of his peaceful political activities. He has also been made to remain under effective house arrest during successive crackdowns on NLD political activities, including in September 2000, after he and other senior officials of the NLD had been prevented from leaving the capital on party business. His detention was increased by a further year on 13 February 2005.

Political Party / Role / Place

NLD vice Chairman

Sentence / Legislation

1975 SPL

Date of Arrest

30 May 2003

Prison Held

house arrest

Health Concerns

Deep vein thrombosis

Torture Concern

 

Profession

Former Chief Of Staff Of Armed Forces And Former Minister Of Defence


76.

 

Name / Age

TUN LIN KYAW, male aged 28 years old

He was arrested for staging a peaceful one-man demonstration outside City Hall in Yangon on 14 December 2004. He reportedly protested the continued detention of Daw Aung San Suu Kyi, and called for her release. He was reportedly sentenced in February 2005.

Political Party / Role / Place

NLD Youth member, Sanchaung Yangon

Sentence / Legislation

Seven years, 1950 EPA, 5 [j]

Date of Arrest

December 2004

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Former bodyguard for Daw Aung San Suu Kyi


77.

Name / Age

TUN MYINT AUNG / Male,  not known

He was arrested in connection with student support for the convening of parliament. He was mentioned in a press conference by authorities in October 1998 and was charged with contacting people to take part in calls for the convening of parliament. He is a former political prisoner who after his release opened a gallery with a prominent artist.  He is being held nearly 400 miles from his home, a journey of at least 11 hours by train.

Political Party / Role / Place

Kyimindine Yangon Division

Sentence / Legislation

21 years' imprisonment / 1950 EPA, 5[j], UAA 17 (1)

Date of Arrest

August 1998

Prison Held

Myingyan Prison 

Health Concerns

oedema

Torture Concern

YES

Profession

Art Gallery Manager

 

 

78.

Name / Age

WIN HTUT LWIN / Male,  not known

He was arrested with four others for the formation without official permission of a student union; distributing a statement about the student union to several universities, and planning to hold a students' conference on Human Rights Day, 10 December 2003. He was allegedly the student union's Executive Committee member.  It is believed that he and others were tortured during interrogation.

Political Party / Role / Place

South Okkalappa 1 Yangon

Sentence / Legislation

13 years / SLORC Law 6/88

Date of Arrest

16 July 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

YES

Profession

Student ( Chemistry)

 

79.

Name / Age

WIN HTEIN / aged c. 54 dob 1950

Win Htein was sentenced for allegedly organizing farmers and NLD members to collect agricultural statistics, including video footage of dry rice-fields and for instructing a young man to be interviewed about the torture of political prisoners in Myanmar's jails. He is a senior advisor to Aung San Suu Kyi. This is the second time since 1989 that Win Htein has been detained for his peaceful political activities. Win Htein was previously detained as a prisoner of conscience between 1989 and 1995. He is being held at least 12 hours journey by public transport from his home.

Political Party / Role / Place

NLD / Insein Yangon

Sentence / Legislation

7 + 7 years / 1950 EPA, 5 [j]

Date of Arrest

22 May 1996

Prison Held

Myingyan Prison

Health Concerns

acute spondylitis, high blood pressure and migraines

Torture Concern

YES

Profession

Business Consultant And Retired Army Officer

 

 

80.

Name / Age

WIN KYWE (U) / Male,  not known

He was charged with distributing journals, leaflets and cassettes that criticized authorities and sending news stories to journals and radio stations outside Myanmar, including Radio Free Asia. Authorities characterized these in a press conference in January 1999 as "acts to create panic among local residents".

Political Party / Role / Place

NLD TOC member / Ye Mon State

Sentence / Legislation

10 years / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

22/12/98

Prison Held

Mawlamyine Prison

Health Concerns

stroke and other ailments

Torture Concern

 

Profession

 

 

81.

Name / Age

WIN TIN AKA U WIN TIN / aged 74  dob 1930

He is serving a 20 year prison sentence. He has received three separate sentences while imprisoned-- firstly for harbouring a girl who had received an illegal abortion, secondly, while still imprisoned  for "giving seditious talks, organizing subversive movements within the NLD and writing and publishing pamphlets to incite treason against the state."  His third prison sentence of 7 years was given for allegedly writing political analyses: authorities stated he "secretly published anti-government propaganda to create riots in jail". A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated the incident many, including U Win Tin, were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured.  Two persons sentenced at this time subsequently died in custody, one of whom was in his 30s. He has chronic health problems, including spondylitis.

Political Party / Role / Place

NPF,  NLD

Sentence / Legislation

20 years / Section 216 of the Burmese Penal Code, 1950 EPA 5 [j],[e]

Date of Arrest

July 1989

Prison Held

Insein Prison

Health Concerns

spondylitis, heart disease, haemorrhoids

Torture Concern

 

Profession

Journalist; Editor

 

82.

Name / Age

YE KYAW SWA / m

He was arrested for his part in widespread student demonstrations calling for the legitimisation of student unions and the release of political prisoners. He was tortured in detention, and is reported to have brought this to the attention of the court at his trial. He was previously detained between 1989 and 1994, when he was a high school student. He is being held more than 300 miles from his home, a journey of more than 11 hours by train.

Political Party / Role / Place

ABFSU / Yangon

Sentence / Legislation

19 years / 1950 EPA, 5 [j], UAA  17(1), PPRA 17/20

Date of Arrest

29/12/96

Prison Held

Myingyan Prison

Health Concerns

depression

Torture Concern

YES

Profession

Student

 

83.

Name / Age

YE HTUT / dob c. 1964

He was sentenced for allegedly sending "concocted news to dissident groups outside Myanmar in order to mislead foreign nations."  He stated that he had corresponded with his sister to whom he sent clippings from public Burmese newspapers and magazines and personal letters from family and friends. He is being held 340 miles from his home, a journey of approximately 10 hours by public transport.

Political Party / Role / Place

Yangon

Sentence / Legislation

Seven years / 1950 EPA, 5 [j]

Date of Arrest

27 September 1995

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

84.

Name / Age

YE TUN (KO) / M

He was arrested in August 1996, reportedly for planning a student group meeting to discuss world affairs, the UN, ASEAN, ethnic minority issues and political and social conditions.

Political Party / Role / Place

 

Sentence / Legislation

13 years / 1950 EPA, 5 [j]

Date of Arrest

9 August 1996

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

85.

Name / Age

YE MYINT KYAW (KO) OR KO YE MIN KYAW / m

He was arrested in connection with student demonstrations calling for the legitimisation of student unions.

Political Party / Role / Place

 

Sentence / Legislation

14 years / 1950 EPA, 5[j]

Date of Arrest

19 January 1997

Prison Held

Pathein Prison

Health Concerns

 

Torture Concern

YES

Profession

Student From Dagon University

 

 

86.

Name / Age

YI YI WIN (MA) / f

She is reported to have been sentenced in September 2004 with three NLD members for allegedly receiving foreign satellite stations without official permission for satellite use. She and others were reportedly not allowed to testify in court.

Political Party / Role / Place

NLD member / Theinyazat Mon state

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5[j], 17 (1),

Date of Arrest

July  2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

87.

Name / Age

ZAW MYINT MAUNG (DR) / aged 53 dob 1951

He was imprisoned for his alleged participation in discussions about the formation of a parallel government in Mandalay, and was sentenced at a military tribunal with no legal representation. He is believed to have been deprived of food and sleep during interrogation.  He was one of a  total of 24 prisoners given further prison sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. He was alleged to have written two poems and to have signed a petition for the release of Aung San Suu Kyi.  While authorities investigated he and others were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. He was held in a dog cell between November 1995 and January 1996.  The group were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. He is being held more than 400 miles from his home.

Political Party / Role / Place

NLD / MP-elect / Amarapura 1 Mandalay Division

Sentence / Legislation

20 years, commuted to 10 + 7 years (17 yrs) / 1950 EPA, 5 [e], BPC,122/1, PPRA 17/20

Date of Arrest

November 1990

Prison Held

Myitkyina Prison 

Health Concerns

hepatitis

Torture Concern

YES

Profession

Doctor

 

 88.

Name / Age

ZAW WIN / Male,  late 40s

He was charged by authorities for distributing leaflets and stickers, which authorities characterised as "anti-government propaganda", and for allegedly passing "false" news to Radio Free Asia.

Political Party / Role / Place

NLD TOC member / Ye Mon State

Sentence / Legislation

10 years' / 1950 EPA 5[j], UAA 17 (1)

Date of Arrest

late 1998

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Carpenter

 

 

POSSIBLE PRISONERS OF CONSCIENCE

 

89.

Name / Age

ANNUL (KO) AKA WIN TIN

He was arrested in connection with demonstrations in support of the NLD in Bago Division. Individuals arrested at the time in Bago were reportedly subjected to severe torture.

Political Party / Role / Place

Muslim

Sentence / Legislation

25 years with hard labour / 1950 EPA. 5 [j], UAA 17(1) PPRA  17/20

Date of Arrest

19 July 1999

Prison Held

Tharawaddy Prison

Health Concerns

Tuberculosis

Torture Concern

 

Profession

Trader

 

90.

Name / Age

AUNG KO KO

He is believed to have been arrested in connection with NLD calls to convene parliament in September 1998.

Political Party / Role / Place

Sanchaung township Yangon Division

Sentence / Legislation

14 years imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 

 

91.

 

Name / Age

AUNG NAING THU / Male,  not known

He was reportedly sentenced for alleged contact with opposition political groups in exile. His mother, Daw Hnin Pa Pa, was also sentenced in the same case. 

Political Party / Role / Place

NLD Youth / Mandalay

Sentence / Legislation

12 years' imprisonment / not known

Date of Arrest

December 2003

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

University Student

 

92.

Name / Age

AUNG SOE MIN / Male,  not known

He was arrested in connection with student protests for the formation of people's parliament in September 1998. In 2003 he reportedly went on hunger strike with two other political prisoners, as they were being denied reading and writing materials. He is being held at least 12 hours by train from his home.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

North Okkalappa Yangon

Sentence / Legislation

14 or 21 years / 1950 EPA, 5 [j]

Date of Arrest

02/09/98

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

93.

Name / Age

AUNG ZAW OO / Male,  not known

He was reportedly arrested in connection with demonstrations planned by opposition groups in exile and for possessing written materials that had not been approved by the official censor. He was transferred from Pathein to Tharawaddy for participating in a hunger strike in 2003 calling for the release of Aung San Suu Kyi. 

Political Party / Role / Place

ABFSU / Myingyan Mandalay Division

Sentence / Legislation

14 years' imprisonment / 1950 EPA, 5j, PPRA, 17/20

Date of Arrest

1999

Prison Held

Tharawaddy Prison 

Health Concerns

 

Torture Concern

 

Profession

Private Tuition Teacher

 

 

94.

Name / Age

AUNG AUNG (KO) / Not known

He was reportedly sentenced with 10 others for allegedly passing news about the situation in the country to opposition political groups in exile.

Political Party / Role / Place

NLD Youth / Mandalay

Sentence / Legislation

Seven years' imprisonment

Date of Arrest

December 2003

Prison Held

not known

Health Concerns

 

Torture Concern

 

Profession

Rice And Gold Rings Merchant

 

95.

Name / Age

 

AUNG GYI / m

He was arrested in connection with student demonstrations for the formation of a student union in December 1996.

Political Party / Role / Place

 

Yangon Division

Sentence / Legislation

 

10 years' imprisonment / 1950 EPA,  5 [j]

Date of Arrest

 

20 December 1996

Prison Held

 

 

 

Health Concerns

 

 

 

Torture Concern

 

 

 

Profession

 

 

 

96.

Name / Age

AUNG KYI / m

He was sentenced for possession of written materials of a political nature. He was arrested during a crackdown on NLD members and supporters in the summer of 1996.

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

Seven years imprisonment / 1950 EPA,  5j, Penal Code, 122/2

Date of Arrest

June 1996

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

Engineer and Artist

97.

Name / Age

AUNG MYO SAN, Male

He was arrested with three other NLD members and another political activist. He was reported to have been denied access to family and lawyers, and to have been sentenced to life imprisonment in June 2005.

Political Party / Role / Place

NLD member, Kamayut Yangon /

Sentence / Legislation

Reportedly to life imprisonment

Date of Arrest

December 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

98.

Name / Age

AYE AYE SWE (MA) (F) / Female,  not known

She is believed to have been arrested in connection with calls to convene parliament in September 1998.

 

 

 

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

Kyimyindine Yangon Division

Sentence / Legislation

10 years imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Civil Servant

 

99.

Name / Age

BA CHIT / Male, dob 1951

He was arrested in connection with planned demonstrations in Bago division and accused of being a member of the ABSDF. Persons arrested in this area were reportedly severely tortured.

Political Party / Role / Place

NLD Division OC member / Bago Division

Sentence / Legislation

29 years with hard labour / 1950 EPA,  5 [j], UAA, 17/1

Date of Arrest

18/07/99

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Merchant

 

100.

 

Name / Age

BA CHIT / Male, c 70 years old

He was arrested in connection with planned demonstrations in Bago division and accused by authorities of receiving leaflets produced by the opposition in exile. Persons arrested in this area were reportedly severely tortured.

Political Party / Role / Place

/ Bago Division

Sentence / Legislation

24 years with hard labour / 1950 EPA,  5 [j], UAA, 17/1, PPRA 17/20

Date of Arrest

18/07/99

Prison Held

Tharawaddy Prison

Health Concerns

Reported to be in a declining state of health, hypertension, mental health problems

Torture Concern

 

Profession

Former army captain

 

101.

Name / Age

BA MYINT  (U)/ Male

He was arrested with three other NLD members and another political activist. He was reported to have been denied access to family and lawyers, and to have been sentenced to life imprisonment in June 2005.

Political Party / Role / Place

NLD Township OC chairman, Ahlone Yangon /

Sentence / Legislation

Reportedly to life imprisonment

Date of Arrest

December 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

102.

 

Name / Age

BA TINT  (U)/ Male

He was arrested with three other NLD members and another political activist. He was reported to have been denied access to family and lawyers, and to have been sentenced to life imprisonment in June 2005.

Political Party / Role / Place

NLD member, Ahlone Yangon /

Sentence / Legislation

Reportedly to life imprisonment

Date of Arrest

December 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

 

103.

 

Name / Age

BO GYI (U)

He was reportedly arrested with U Pe Tin for allegedly distributing leaflets legally printed and distributed by the NLD. The leaflets reportedly elections of speeches on democracy by Aung San, the father of Daw Aung San Suu Kyi. They were reportedly sentenced on 27 May.

Political Party / Role / Place

NLD / Township secretary / Shwekyin Township, Bago Division

Sentence / Legislation

7 years / 1962 PPRA 20

Date of Arrest

13 May 2005

Prison Held

 

Health Concerns

Yes

Torture Concern

 

Profession

 

 

 

Name / Age

CHAN MYA AUNG (MA)  female

She was arrested in a crackdown on opposition activists and students in September 1998, after opposition calls for convening parliament, and student demonstrations.  Many of those arrested at the time were reportedly tortured in detention. It is believed that up to 54 other activists were sentenced at the same time, among whom were at least 30 women students.

Political Party / Role / Place

NLD Youth

Sentence / Legislation

7 years / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

 

 

 

104.

Name / Age

CHIT MIN LAY AKA CHIT MIN NAY AKA CHIT MIN OO / Male,  dob c. 1972

He was sentenced in connection with student demonstrations in favour of convening parliament.  He also had reportedly formed a literary reading group. He was reportedly tortured in detention, and was held incommunicado for some time.

 

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

ABFSU, Student and Youth Unity Front

Sentence / Legislation

31 years imprisonment / 1950 EPA, 5 [j], UAA, 17 (1)

Date of Arrest

17/09/98

Prison Held

Mawlamyine Prison

Health Concerns

 

Torture Concern

YES

Profession

Student

 

105.

 

Name / Age

CHO MA HTWE

She was arrested in connection with NLD calls to convene parliament in September 1998.

 

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

 

 

 

Political Party / Role / Place

NLD, Kamayut Yangon

 

Sentence / Legislation

7 or 14 years / 1950 EPA, 5 [j]

 

Date of Arrest

September 1998

Prison Held

Mawlamyine Prison

Health Concerns

Hypertension, heart disease

Torture Concern

 

 

 

Profession

Trader

 

106.

Name / Age

HAN WIN AUNG (KO) / Male,  not known

Han Win Aung was arrested for distributing leaflets criticizing official plans for transition to democracy. He was reportedly penalized for taking part in a hunger-strike in Insein Prison in May 2005.

Political Party / Role / Place

South Okkalappa 1 Yangon

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

03/10/03

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

YES

Profession

 

 

107.

Name / Age

HLA HTUT SOE / Male, 39

He was reportedly arrested for possessing political written materials and accused of CPB membership. He is a former political prisoner.

Political Party / Role / Place

 

Sentence / Legislation

3 years / UAA 17 (1)

Date of Arrest

25/09/02

Prison Held

Insein Prison

Health Concerns

Asthma, mental problems

Torture Concern

YES

Profession

Private tuition teacher, sports writer

 

108.

Name / Age

HLA WIN AKA HARON / Male,  not known

The reason for his arrest is believed to be connected to Ko Aung Htun's preparation of a history of the student movement in Myanmar. He has had health problems in detention. He is being held at least 9 hours by road from his home (c. 187 miles)

Political Party / Role / Place

North Dagon Yangon

Sentence / Legislation

14 years / 1950 EPA, 5[j], PPRA 17/20

Date of Arrest

January 1998

Prison Held

Mawlamyine Prison

Health Concerns

haemorrhoids

Torture Concern

 

Profession

 

 

109.

Name / Age

HLA WIN (KO) / Male,  28  dob 1976

He was arrested in connection with demonstrations planned in Bago division to support the NLD and the revision of civil servants' salaries. People arrested in this area were reportedly severely tortured.

Political Party / Role / Place

NLD / Bago Division

Sentence / Legislation

25 years with hard labour / 1950 EPA, 5 [j], UAA 17(1)

Date of Arrest

July 1999

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

110.

Name / Age

HNIN PA PA (F) / f

She was arrested, reportedly for communicating with opposition groups in exile, and sentenced in April 2004.

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

7 years / not known

Date of Arrest

 December 2003

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

Dancer

 

111.

Name / Age

HTAY LWIN OO / Male,  not known

He was arrested with a group of NLD members and allegedly sentenced for passing information to opposition groups in exile

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

Seven years

Date of Arrest

December 2003

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

112.

Name / Age

KHIN KYAW  (U)/ Male

He was arrested with three other NLD members and another political activist. He was reported to have been denied access to family and lawyers, and to have been sentenced to life imprisonment in June 2005.

Political Party / Role / Place

NLD member, Kamayut Yangon /

Sentence / Legislation

Reportedly to life imprisonment

Date of Arrest

December 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

113.

Name / Age

KHIN KYAW / Male,  not known

He was arrested in connection with his activities as executive committee member of the Free Trade Unions of Burma.

Political Party / Role / Place

Official of the Seamen's Union of Burma, Member of FTUB, ITF-affiliate of the International Transport Workers' Federation (IFT) / Yangon

Sentence / Legislation

17 years imprisonment / 1950 EPA, 5[j]. UAA, 17 (1)

Date of Arrest

13 June 1997

Prison Held

Tharawaddy prison

Health Concerns

 

Torture Concern

 

Profession

 

114.

Name / Age

KHAMMASARA (U) AKA U SAN HLA / Male,  c. 20 years old

He and 19 novice monks at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

 

Political Party / Role / Place

Magway Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

Not known

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

115.

Name / Age

KHIN MAUNG AYE / Male,  not known

He is believed to have been arrested in a crackdown on political activists and sentenced with c. 40 others, including individuals who participated in the writing of a history of the student movement in Myanmar.

Political Party / Role / Place

 

Sentence / Legislation

7 years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

02/02/98

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

Lawyer

 

 

 

 

 

116.

Name / Age

KHIN WIN ALIAS BODAW KHWIN WIN / dob c. 1944

He was arrested in 2003 for allegedly making connections with opposition groups in exile, receiving funds for "activities opposing the Government", forming "an illegal anti-government gang secretly", and planning to distribute documents to incite unrest. Authorities made a rare response to reports that he had been tortured, including by electroshock therapy,  saying that Military Intelligence has no tradition of using such methods, and that the source of his nerve problems came from sleeping with his hands under his pillow.  This is his second period of imprisonment

Political Party / Role / Place

NLD

Sentence / Legislation

20 years / 1950 EPA, 5 [j]

Date of Arrest

2003

Prison Held

Insein Prison

Health Concerns

nerve damage to hands

Torture Concern

YES

Profession

 

 

 

117.

Name / Age

KO MAUNG (KO) / Male,  not known

Ko Ko Maung is believed to have been arrested in connection with activities showing support for the establishment of the CRPP.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

NLD Youth / Yangon

Sentence / Legislation

 or 24  years / 1950 Emergency Provisions Act, section 5 [j]

 

 

Date of Arrest

02/09/98

Prison Held

Myingyan Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 118.

Name / Age

KONTARA (U) AKA KYAW MYINT / Male,  c. 20 years old

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

119.

Name / Age

KYAW AYE NAING / Male,  not known

Authorities stated that he had received funds from political groups in exile to support political prisoners. He was given a second term in 2002 while imprisoned in connection with a skirmish that happened between two prisoners, and was denied legal assistance. He is being held more than 170 miles from his home, a journey of more than eight hours by road.

Political Party / Role / Place

NLD Youth (dismissed) / Mayangone Yangon

Sentence / Legislation

8+7 years / UAA 17 (1), 5[d]

Date of Arrest

1999

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

120.

Name / Age

KYAW HTUN MIN (KO) / Male,  dob c. 1979

He was arrested in connection with demonstrations in support of the NLD in Bago division. Many people were arrested in this connection, and were reportedly particularly severely tortured in detention.

Political Party / Role / Place

Bago Division

Sentence / Legislation

25 years' imprisonment / 1950 EPA 5 [j], UAA 17 (1)

Date of Arrest

23 July 1999

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Student

121.

 

Name / Age

KYAW KYAW / Male,  not known

He was arrested for illegally distributing leaflets reportedly critical of the SPDC’s political plans for transition to democracy. He was reportedly penalized for taking part in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

Mon state

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

September 2003

Prison Held

Not known

Health Concerns

 

Torture Concern

yes

Profession

Student

 

 

122.

Name / Age

KYAW KYAW LWIN AKA U MAUNG LWIN / Male,  not known

He is believed to have been sentenced for distributing leaflets with information about the attack on members of the NLD on 30 May 2003, during which a number of persons were killed and after which there were widespread arrests of NLD members and supporters.

Political Party / Role / Place

NLD / Kawthaung Tanintharyi Division

Sentence / Legislation

10 years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

 

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

 

123.

Name / Age

KYAW MIN THAN / Male,  not known

He is believed to have been sentenced in connection with student support for NLD calls to convene parliament.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

 

Sentence / Legislation

21 years' imprisonment / 1950 EPA,  5 [j]

Date of Arrest

September 1998

Prison Held

Shwebo Prison 

Health Concerns

 

Torture Concern

 

Profession

Student

124.

Name / Age

KYAW MIN (U) / Male,  not known

He is believed to have been sentenced in connection with NLD calls to convene parliament.

Political Party / Role / Place

NLD Youth / San Chaung township Yangon

Sentence / Legislation

7 years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

02/09/98

Prison Held

Mandalay Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

 

125.

Name / Age

KYAW SOE MOE / Male,  not known

He was reportedly arrested for distributing leaflets criticising authorities' political plans for democracy.

Political Party / Role / Place

 

Sentence / Legislation

12 years' imprisonment

Date of Arrest

4 October 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

YES

Profession

student

 

126.

Name / Age

KYAW TUN MIN (KO) AKA AUNG KYAW AKA KO KYAW TUN MIN SOE / Male,   dob 1979

He was arrested in connection with planned demonstrations about civil servants' salaries and commodity prices in Bago Division. Persons arrested in this area were reportedly subjected to severe torture.

Political Party / Role / Place

Bago Division

Sentence / Legislation

25 years with hard labour / 1950 EPA, 5 [j], UAA  17(1)

Date of Arrest

04/08/99

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

127.

Name / Age

KYAW WAI SOE AKA KYAW WEIGHT / Male,  26 years old

He was arrested under suspicion of involvement in plans by overseas groups to hold mass demonstrations, and for breaking the immigration act by illegally leaving the country. He was reportedly beaten on arrest.

Political Party / Role / Place

NLD / Mawlamyine-2 Mon State

Sentence / Legislation

12 years' imprisonment / 1950 EPA, 5 [j], 13 (1) of the Immigration Act

Date of Arrest

August 1999

Prison Held

Tharawaddy Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

128.

Name / Age

KYAW ZIN HTWAY (KO) / Male,  not known

He was arrested in connection with calls for the convening of parliament. He was transferred to another prison after taking part in a hunger strike in 2003 calling for the release of Aung San Suu Kyi.

Political Party / Role / Place

ABFSU

Sentence / Legislation

28 years' / 1950 EPA, 5[j], UAA 17 (1)

Date of Arrest

September 1998

Prison Held

Pathein Prison

Health Concerns

epilepsy

Torture Concern

YES

Profession

Clothes Shop Assistant

 

 

 

 

129.

Name / Age

KYI THA NYEIN / Male,  dob c. 1977

He was arrested in connection with student demonstrations to support the convening of parliament.

 (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

 

Sentence / Legislation

21 or 14 years' imprisonment / 1950 EPA, 5 [j] PPRA 17/20

Date of Arrest

September 1998

Prison Held

Sittway Prison

Health Concerns

 

Torture Concern

 

Profession

Student (Economics)

 

130.

Name / Age

KYI THA OO / Male,  not known

He was arrested in connection with student demonstrations in support of the convening of parliament.

Political Party / Role / Place

Yangon

Sentence / Legislation

14 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 

131.

Name / Age

KYI THA TUN / Male,  not known

He was arrested in connection with student demonstrations in favour of convening parliament.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

 

 

 

 

 

 

Political Party / Role / Place

Yangon

Sentence / Legislation

14 years' imprisonment / 1950 Emergency Provisions Act, Section 5 [j], PPRA 17/20

Date of Arrest

November 1998

Prison Held

Shwebo Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

132.

Name / Age

KYI LWIN AKA THET HTWE / Male,  not known dob 1971

He was arrested in connection with plans by the opposition in exile for mass demonstrations.

Political Party / Role / Place

NLD / Tamway Yangon

Sentence / Legislation

21 years' imprisonment with hard labour / 1950 EPA, 5 [j], UAA 17(1), PPRA 17/20

Date of Arrest

02/11/99

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

133.

Name / Age

KYI TUN / Male,  not known

He was arrested in connection with student demonstrations.

Political Party / Role / Place

 

Sentence / Legislation

14 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

1996

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

134.

Name / Age

LIN LIN TUN / Male,  not known

He was arrested for illegally distributing leaflets and having contact with opposition groups in exile, reportedly in support of the NLD's call to convene parliament. . His father, U Soe Myint, an elected NLD MP was imprisoned at the same time and is suffering from health problems. Lin Lin Tun is                             being held at least 12 hours by train from his home. 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

NLD Youth / Kamayut Yangon

Sentence / Legislation

42 years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

September 1998

Prison Held

Mandalay Prison

Health Concerns

heart disease and gastric problems

Torture Concern

 

Profession

Student

 

 

 

135.

 

Name / Age

LWIN KO LATT / Male,  not known

He was arrested for illegally distributing leaflets reportedly critical of the SPDC’s political plans for transition to democracy. He was reportedly penalized for taking part in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

ABFSU, Yangon

Sentence / Legislation

Seven years' imprisonment / 1950 EPA, 5[j]

Date of Arrest

September 2003

Prison Held

Not known

Health Concerns

 

Torture Concern

yes

Profession

Student

 

136.

Name / Age

LWIN MOE MYINT (KO) AKA KO ZAR NI / Male, dob 1972

He was sentenced for his alleged involvement in demonstrations to support the NLD and commemorate the 52nd anniversary of the assassination of independence leader General Aung San.

Political Party / Role / Place

ABSFU / Bago Division

Sentence / Legislation

Life imprisonment / 1950 EPA, 5 [j] UAA 17 (1)

Date of Arrest

19 July 1999

Prison Held

Tharawaddy Prison 

Health Concerns

gastric ulcer

Torture Concern

YES

Profession

Student (Maths)

 

137.

Name / Age

MANDALA (U) AKA MYAT MAW / Male,  c. 18 years old

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Mon State

Sentence / Legislation

Seven years / 1950 EPA, 5[j]

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

138.

Name / Age

MAUNG MAUNG AYE AKA KO BAYDAR (M) / Male,  not known

He is believed to have been imprisoned for possessing printed political materials. This is his second prison term.

Political Party / Role / Place

Yangon

Sentence / Legislation

3 years' imprisonment / UAA 17 (1)

Date of Arrest

25/09/02

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

139.

Name / Age

MAUNG MAUNG AYE / Male,  not known

Authorities stated in a press conference that he was arrested for alleged contact with the NLD and NCGUB in Thailand, allegedly bringing funds as assistance for former political prisoners and for political activities, including demonstrations, and allegedly bringing news to Thailand about the political situation

Political Party / Role / Place

Yangon

Sentence / Legislation

13 years' imprisonment (3 years + 5 years + 5 years / 1950 EPA, 5 [j] UAA 17 (1) & (2)

Date of Arrest

February 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

140.

Name / Age

MAUNG MAUNG LATT (KO) / m

He was arrested in connection with four others, including Ne Min and Ye Thiha, for the alleged distribution of criticism of official plans for political transition and communication with opposition groups in exile. He has a crippled leg, and had been detained between 1996 and 2002 for alleged involvement in student demonstrations in December 1996 calling for the legitimisation of student unions and the release of political prisoners. He was released in 2002, a year before the expiry of his sentence, under section 401 of the Criminal Code. Other prisoners released under this condition have been rearrested for resuming political activities and have been made to serve the remainder of their original sentence.

Political Party / Role / Place

South Okkalappa 1 Yangon

Sentence / Legislation

Seven years / 1950 EPA, 5 [j]

Date of Arrest

February 2004

Prison Held

Insein Prison

Health Concerns

crippled leg

Torture Concern

 

Profession

Student

 

141.

Name / Age

MAUNG MAUNG MYINT / Male,  not known

He was accused in a government press conference of planning to distribute leaflets that authorities stated "contained seditious and false statements against the government" that were "intended to mislead the people".  This is his second period of imprisonment.

Political Party / Role / Place

North Okkalappa Yangon

Sentence / Legislation

20 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

5 February 2003

Prison Held

not known

Health Concerns

 

Torture Concern

YES

Profession

 

 

142.

Name / Age

MAUNG MAUNG (KO) / Male,  not known

He was arrested in connection with his alleged support for the convening of parliament.

Political Party / Role / Place

DPNS

Sentence / Legislation

20 years / 1950 EPA, 5 [j], UAA 17(1)

Date of Arrest

September 1998

Prison Held

Mandalay Prison,

Health Concerns

 

Torture Concern

 

Profession

 

 

 143.

Name / Age

MOE MAKHA / Male,  c.26 years old

He was arrested in connection with a statement issued by the NLD headquarters in 2000, and given an additional two years' imprisonment for allegedly selling teak without the correct license.

Political Party / Role / Place

Taungoo Bago Division

Sentence / Legislation

9 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

2000

Prison Held

Toungoo Prison 

Health Concerns

 

Torture Concern

 

Profession

Student (Zoology)

 

144.

Name / Age

MON GYI (KO) AKA SEIN LIN / M

He was arrested in connection with student demonstrations calling for the legitimisation of student unions. He is being held at least 170 miles from his home.

Political Party / Role / Place

South Okkalappa 1 Yangon

Sentence / Legislation

10 + 7 years imprisonment / 1950 EPA 5 [j], UAA 17 (1)

Date of Arrest

19 January 1997

Prison Held

Taungoo Prison

Health Concerns

 

Torture Concern

 

Profession

Student (History)At Dagon University

 

145.

Name / Age

MYAT THURA KYAW / Male,  not known

He was arrested in connection with student demonstrations.

Political Party / Role / Place

 

Sentence / Legislation

14 years  imprisonment / 1950 EPA, 5 [j], UAA, 17 (1)

Date of Arrest

December 1996

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 

 

 

146.

Name / Age

MYINT OO / Male, 35  years old, dob 1969

He was sentenced in connection with plans made by political groups in exile for mass demonstrations.

Political Party / Role / Place

 

Sentence / Legislation

25 years imprisonment with hard labour / 1950 EPA, 5 [j], UAA, 17(1), PPRA

Date of Arrest

22/08/99

Prison Held

Tharawaddy Prison

Health Concerns

gastric disease

Torture Concern

YES

Profession

Trader

 

 

147.

Name / Age

MYINT YI / Male,  not known

He was sentenced for possessing printed materials of a political nature. He is a former political prisoner.

Political Party / Role / Place

 

Sentence / Legislation

Three years' imprisonment / UAA 17 (1)

Date of Arrest

September 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

148.

Name / Age

MYO AUNG / Male, 29 years old dob 1975

He was sentenced to death in connection with an alleged bomb plot against the SPDC. He was alleged only to have had leaflets, and to have had no involvement in any plot.  He was transferred from Pathein Prison after he and a group of other prisoners, including his older brother Myo Thant, were involved in a hunger strike calling for the release of Daw Aung San Suu Kyi in 2003.

Political Party / Role / Place

Bago Division

Sentence / Legislation

28 years' imprisonment or death / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

2000

Prison Held

Toungoo Prison 

Health Concerns

general health problems

Torture Concern

 

Profession

Student

 

149.

Name / Age

MYO AUNG / Male,  not known

He was arrested in connection with student support for the convening of parliament.

 

Political Party / Role / Place

 

Sentence / Legislation

14 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Pathein Prison

Health Concerns

gastric ulcer

Torture Concern

 

Profession

Student

 

 

 

 

 

 

 

150.

Name / Age

MYO AUNG THANT / Male,  not known

He was arrested in connection with his activities as executive committee member of the Free Trade Unions of Burma.

Political Party / Role / Place

Member of the All Burma Petrol-Chemical Corporation Union , executive committee member of Federation of Trade Unions-Burma (FTBU) / Member / Yangon

Sentence / Legislation

30 years (20 years+3+7) / UAA (3), 1950 EPA, 5 [j]

Date of Arrest

13 June 1997

Prison Held

Myitkyina Prison 

Health Concerns

 

Torture Concern

 

Profession

Trade Unionist

 

 

 

151.

Name / Age

MYO MIN HTIKE AKA MYO MIN HTAI / Male,  dob 1976

He was sentenced in connection with student support for the convening of parliament. He is being held nearly 400 miles from his home, a journey of at least 12 hours by train.

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

Bahan Yangon

Sentence / Legislation

52  years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 98

Prison Held

Myingyan Prison

Health Concerns

gastric ulcer

Torture Concern

 

Profession

Student

 

152.

Name / Age

MYO THANT AKA MYO SAT / Male  dob 1968

Authorities in a press conference described him as a destructive element, and stated that he had been planning to plant mines. Opposition sources maintain that he had no involvement in plans for violence, but had political leaflets. He was reportedly ill-treated in January 2001 when authorities investigated a hunger strike in Insein Prison, and was held for a month in a cell designed to house military dogs. His younger brother, Myo Aung was also arrested in this case. He and his brother were moved to Taungoo after they reportedly went on hunger strike in 2003, calling for the release of Aung San Suu Kyi. This is his second period of imprisonment.

 

Political Party / Role / Place

Bago Division

Sentence / Legislation

Death + 8 years, possibly commuted to 25 years

Date of Arrest

June 2000

Prison Held

Taungoo Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

153.

Name / Age

NANDATHIRI (U) AKA HTEIN LIN / Male,  c.20

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

 

 

154.

Name / Age

NANDIYA (U) AKA ZAW MOE TUN / Male,  c. 20

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided to the monastery by Military Intelligence officials.

Political Party / Role / Place

Sagaing Division

Sentence / Legislation

seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

155.

Name / Age

NAY LIN SOE / Male,  not known

Nay Lin Soe was arrested in February 1998 in connection with activities calling for the reopening of universities and for allegedly having links with opposition groups in exile. He was being held at Kalay prison c. 680 miles away from his home, in a prison where malaria is reportedly endemic and was later transferred to Mandalay.

Political Party / Role / Place

DPNS / Insein  Yangon

Sentence / Legislation

14 years' imprisonment / 1950  EPA,  5 [j], UAA, 17 (1)

 

Date of Arrest

February 1998

Prison Held

Kalay Prison

Health Concerns

serious eye problems, malaria, mental illness, other health problems

Torture Concern

YES

Profession

Student (Physics)

 

156.

Name / Age

NAY WIN NAING / Male,  dob 1976

He is believed to have been arrested in connection with student demonstrations in favour of convening parliament in 1998.

Political Party / Role / Place

Yangon

Sentence / Legislation

14 years imprisonment / 1950  EPA,  5 [j]

Date of Arrest

November 1998

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

157.

Name / Age

NAY KYAW / Male,  not known

He was charged with contact with opposition groups in exile and the distribution of materials without the approval of the official censor. He was arrested during a period when opposition groups in exile were attempting to organize widespread protest against authorities.

Political Party / Role / Place

NLD / Tamway Yangon

Sentence / Legislation

14 or 17 years' imprisonment / 1950  EPA,  5 [j], PPRA 17/20

Date of Arrest

02/09/99

Prison Held

Hpa’an Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

158.

Name / Age

NAY MIN AKA WIN SHWE / 45/ male

He was arrested for allegedly having contact with opposition groups in exile, and reportedly preparing information that criticized official plans for political reconciliation. He was previously imprisoned in 1974 and 1988, when authorities penalized him for speaking to foreign journalists.

Political Party / Role / Place

 

Sentence / Legislation

15 years’ imprisonment

 / 1950 EPA, 5 [j]

Date of Arrest

February 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Lawyer

 

 

159.

Name / Age

NE OO (KO) / Male,  not known

He was sentenced with 40 other political activists, including individuals penalized for writing a student history. He is being held in a prison where malaria is endemic, at least 16 hours journey from his home.

Political Party / Role / Place

NLD TOC chairman / Dagon Myothit township Yangon

Sentence / Legislation

14 years' imprisonment, 1950 EPA, 5 [j], 17 (1)

Date of Arrest

01/01/1998

Prison Held

Kalay Prison

Health Concerns

malaria and gastric ulcer

Torture Concern

 

Profession

 

 

 

160.

Name / Age

NILAR THEIN (MA) / f

She has been imprisoned in connection with student demonstrations that took place in Yangon in December 1996. Students had demonstrated in Yangon and Mandalay in protest at the alleged beating in custody of three students by police officers. They also called for permission to form a student union, the release of student political prisoners and improvement in educational standards.

Political Party / Role / Place

Yangon

Sentence / Legislation

10 years' imprisonment / 1950  EPA,  5 [j], UAA, 17 (1)

Date of Arrest

30/12/96

Prison Held

Tharawaddy Prison

Health Concerns

Rheumatic heart disease

Torture Concern

 

Profession

University student (physics)

 

161.

Name / Age

NYAN TUN LIN AKA YAN NAING / Male,  not known

He was arrested for allegedly having contact with opposition groups in exile, and reportedly preparing information that criticized official plans for political reconciliation. He was previously in exile in Thailand, where he worked on a monthly newspaper and daily news website with news in Burmese, and was charged with illegally leaving the country.  He was imprisoned with four others, including former lawyer Ne Min.

Political Party / Role / Place

ABFSU / Ahlone Yangon

Sentence / Legislation

22 years' imprisonment / 1950 EPA 5 [j], PPRA 17/20, Immigration Act 13 (1)

Date of Arrest

February 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Former Online News Editor

 

162.

Name / Age

NYAN WIN / Male, c. 50 years old

Authorities stated that he had been involved in the instigation of unrest by "spreading rumours and sending false reports" on the situation in the country.  This is his second term of imprisonment for political reasons.

Political Party / Role / Place

alleged ABSDF

Sentence / Legislation

10 years' imprisonment / 5j, 17/1

Date of Arrest

January 1998

Prison Held

Tharawaddy Prison

Health Concerns

Gastric problems, colitis, heart problems

Torture Concern

 

Profession

 

 

163.

Name / Age

NYEIN MYINT (KO) / Male,  c.60

He was accused by authorities in a press conference of acting on behalf of the CPB to steer student demonstrations in favour of the legitimisation of student unions. He was reportedly badly tortured, including by being deprived of sleep, and sustained medical injuries as a result.

Political Party / Role / Place

Alleged CPB / Salin Magway Division

Sentence / Legislation

19 years' imprisonment / 1950 EPA, 5[j], UAA,  17(1), PPRA 17/20

Date of Arrest

29 December 1996

Prison Held

Tharawaddy Prison 

Health Concerns

heart disease

Torture Concern

YES

Profession

Poet

 

 

164.

Name / Age

NYI HTWE AKA SAN ZAW HTWE / Male,  dob c.1977

He was arrested in connection with plans by opposition political groups in exile for mass demonstrations. He is believed to have been severely tortured. He was believed to have taken part in a hunger strike in prison in 2001, and was reportedly badly beaten on his arrival in Taungoo Prison.

Political Party / Role / Place

NLD or ABFSU

Sentence / Legislation

36 or 37 years imprisonment with hard labour / 1950 EPA,5 [j], UAA17/1

Date of Arrest

20/09/99

Prison Held

Taungoo Prison

Health Concerns

hypertension and other health problems

Torture Concern

YES

Profession

Student (Geography)

 

165.

Name / Age

NYI NYI AKA MYO SAN / Male,  not known

He is believed to have been arrested in connection with student demonstrations calling for the legitimisation of student unions and the release of student political prisoners.

Political Party / Role / Place

DPNS

Sentence / Legislation

10 years / 1950  EPA,  5 [j], UAA, 17 (1)

Date of Arrest

December 1996

Prison Held

Myaungmya Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 

166.

Name / Age

NYO AUNG AKA KO NYO AUNG / Male,  not known

He was reportedly accused of organizing political movements. He was previously imprisoned for his part in 1988 demonstrations against one party rule, where he was required to work in a prison labour camp, causing his health to deteriorate.

Political Party / Role / Place

ABFSU

Sentence / Legislation

15 years with hard labour

Date of Arrest

end 1999

Prison Held

Insein Prison 

Health Concerns

deteriorating health

Torture Concern

 

Profession

 

 

 

 

167.

Name / Age

PANYATHIHA (U) AKA U NYO THWIN / Male,  c. 20 years old

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

168.

Name / Age

PAW LWIN / Male,  not known

 He was arrested for allegedly having contact with opposition groups in exile, and reportedly preparing information that criticized official plans for political reconciliation.

Political Party / Role / Place

 

Sentence / Legislation

12 years / 1950 EPA,  5 [j]

Date of Arrest

February 2004

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

169.

Name / Age

PE TIN (U)

He was reportedly arrested with U Bo Gyi for allegedly distributing leaflets legally printed and distributed by the NLD. The leaflets reportedly selections of speeches on democracy by Aung San, the father of Daw Aung San Suu Kyi. They were sentenced on 27 May.

Political Party / Role / Place

NLD / Organising committee member / Shwekyin Township, Bago Division

Sentence / Legislation

7 years / 1962 PPRA 20

Date of Arrest

13 May 2005

Prison Held

 

Health Concerns

Yes

Torture Concern

 

Profession

 

 

 

170.

Name / Age

PHO WAI MIN/ male dob 1981

He was arrested in connection with plans for demonstrations in Bago division. People arrested in this area were reportedly severely tortured.

Political Party / Role / Place

Bago Division

Sentence / Legislation

25 years with hard labour / 1950 EPA, 5 [j], UAA 17 (1), (2)

Date of Arrest

August 1999

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

171.

Name / Age

PHO THAR (KO) / Male,  not known

He was arrested in August 2004, with his uncle, Than Htay, and cousin, Than Htun Oo, and sentenced for alleged infringements under import and export legislation, relating to electronic goods. It is believed that he was sentenced in connection with Than Htay’s political activism, and his refusal to cease political activities.

Political Party / Role / Place

NLD / Lashio Shan State

Sentence / Legislation

Three years

Date of Arrest

August 2004

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

 

172.

Name / Age

PHO THAR (KO) / m

He was arrested in connection with student demonstrations in December 1996. He is a student from Dagon University.

Political Party / Role / Place

Yangon

Sentence / Legislation

10 years / 1950 EPA, 5[j]

Date of Arrest

December 1996

Prison Held

Pathein

Health Concerns

 

Torture Concern

 

Profession

Student

 

173.

Name / Age

PINYANANDA (U), AKA MIN MOE / Male,  not known

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d]

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

 

174.

 

Name / Age

RAJADAMMA (U) / Male,  not known

He was reportedly ill-treated for participating in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

Bahan Yangon

Sentence / Legislation

Not known

Date of Arrest

Not known

Prison Held

Not known, possibly transferred from Insein Prison

Health Concerns

 

Torture Concern

yes

Profession

 

 

 

175.

Name / Age

SANANDA WARA (U) AKA SAN WIN HTUT / Male,  c.20

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

176.

Name / Age

SANDAZAWTI (U) AKA NYAN LIN / Male,  not known

He and 19 novice monks at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Monk

 

177.

Name / Age

SARSANA (U) AKA THUYIN / Male,  not known

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided to the monastery by Military Intelligence officials.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

178.

Name / Age

SAW MIN HTEIK GYAW / Male,  not known

He was arrested in connection with the organization of a student commemoration of the death of Phone Maw, a student who was shot during demonstrations against one party rule in 1988.

Political Party / Role / Place

 

Sentence / Legislation

7 years' imprisonment

Date of Arrest

2000

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Metallurgy Student

 

179.

Name / Age

SAW MYO HTUN / Male,  not known

He was arrested for allegedly taking part in a ceremony to commemorate the death of a Phone Maw, a student, in demonstrations in 1988. He was held in a cell designed for military dogs for a month in January 2001, after authorities cracked down on prisoners who went on hunger strike calling for dialogue between the NLD and the SPDC, reading materials, improvements to prison conditions and more family interviews. Members of the group, which also included criminal prisoners, were beaten and kicked, and regularly interrogated with force and held in leg shackles with iron bars, and made to race one another in the prison exercise yard while shackled. They were also made to strip by prison officials.

Political Party / Role / Place

 

Sentence / Legislation

7 years' imprisonment

Date of Arrest

12 April 2000

Prison Held

Myaungmya Prison

Health Concerns

 

Torture Concern

YES

Profession

Student

 

180.

Name / Age

SEKKEINDA (U) AKA U MYINT / Male,  c. 18 years old

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

181.

Name / Age

SHWE HTOO (U) / Male,  not known

He was reportedly arrested for his alleged support for calls to convene parliament. He was charged with illegally possessing arms because there was an airgun used for shooting birds in his house. This is his second term of imprisonment.  He was reportedly severely beaten after a demonstration for prisoners' rights in Mandalay Prison.  

Political Party / Role / Place

 

Sentence / Legislation

42 years' imprisonment with hard labour / 1950  EPA,  5 [j], UAA, 17 (1), 124(A)

Date of Arrest

July 1998

Prison Held

Mandalay or Taunggyi Prison

Health Concerns

deteriorating general health

Torture Concern

YES

Profession

Tutor

 

182.

Name / Age

SILASARA (U) AKA U PAW CHEIN / Male,  c. 20

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Magway Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

183.

Name / Age

SIT KO AUNG AKA NANDA SIT AUNG / Male,  not known

He was arrested for distributing leaflets that were critical of authorities' planned "roadmap" for political change. He was reportedly penalized for taking part in a hunger strike in Insein Prison in May 2005.

Political Party / Role / Place

ABFSU

Sentence / Legislation

17 years' imprisonment / 1950 EPA 5 [j], UAA, 17 (1), Immigration Act, 13 (1)

Date of Arrest

4 October 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

YES

Profession

 

 

184.

Name / Age

SOE MOE NAING (KO) / Male,  not known

He was arrested in connection with NLD calls to convene parliament.

Political Party / Role / Place

DPNS / Mandalay

Sentence / Legislation

20 years' or 24 years; imprisonment / 1950 EPA 5 [j], UAA 17 (1)

Date of Arrest

1998

Prison Held

Mandalay Prison

Health Concerns

various health problems

Torture Concern

 

Profession

Sweet Shop Owner

 

 

 

185.

Name / Age

SOE LWIN / Male,  not known

He was sentenced in connection with student demonstrations in favour of calling parliament.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

 

 

 

Political Party / Role / Place

NLD Youth member / Yangon

Sentence / Legislation

21years' imprisonment / 1950 EPA, 5 [j], PPRA 17/20

Date of Arrest

September

Prison Held

Taungoo Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

186.

Name / Age

SOE LWIN (K0) / Male,  not known

He was arrested during a crackdown on political activists, and sentenced in a two day trial with 40 others, including individuals who were sentenced for their part in the preparation of a history of the student movement.

Political Party / Role / Place

DPNS Pazundaung, Yangon

Sentence / Legislation

14 years' imprisonment / 1950  EPA,  5 [j], UAA, 17 (1)

Date of Arrest

February 1998

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

 

 

187.

 

Name / Age

SONNY SWE, 36, (m)

Sonny Swe was reportedly sentenced for infringements of censorship legislation. He was the Deputy Chief Executive Officer of the semi-independent publication The Myanmar Times.  It is believed that he was sentenced because The Myanmar Times was published without the permission of the official censorship board, and because of his family’s proximity to former Prime Minister Khin Nyunt.

Political Party / Role / Place

 

Sentence / Legislation

14 years, PPRA 17/20

Date of Arrest

November 2004

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

businessman

 

 

 

188.

Name / Age

SURIA aka THURIYA (U) / Male,  not known

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

189.

Name / Age

SWE SWE WIN (MA)/ female, not known

It is believed that Swe Swe Win's arrest is connected with student demonstrations and NLD calls to convene parliament in September 1998, which were followed by a large-scale crackdown on opposition activists. She is believed to have been held incommunicado for some time after her detention.

 

Political Party / Role / Place

NLD Yangon

Sentence / Legislation

7 years' imprisonment or 10 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

02/09/98

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

190.

Name / Age

THAN HTUN OO / Male,  not known

He was arrested with his father, U Than Htay, an NLD MP elect, and his cousin. He was reportedly sentenced for possessing television satellite equipment without the correct license. It is however believed that the motive for their prosecution is related to their peaceful political activities.

Political Party / Role / Place

Lashio Shan State

Sentence / Legislation

Three years

Date of Arrest

August 2004

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Electronic Shop Owner

 

191.

Name / Age

THAN HTAY (MAUNG)

He was arrested in connection with NLD calls for the convening of parliament. This is believed to be his second period of imprisonment.

 

(photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place

NLD Youth / Hlaing Yangon

Sentence / Legislation

21 years / 1950 EPA 5 [j], UAA, 17 (1)

Date of Arrest

September 1998

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

192.

Name / Age

THAN LWIN (U) OR WIN / Male,  not known

He was sentenced with a group of other NLD members for allegedly contacting political groups in exile.

Political Party / Role / Place

Yangon

Sentence / Legislation

12 years' imprisonment

Date of Arrest

December 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

193.

Name / Age

THANANDA (U) AKA MAUNG SWE / Male,  not known

He and 19 novice monks at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing

Sentence / Legislation

Seven years / 1950 EPA 5 [j]

Date of Arrest

November 2003

Prison Held

Insein

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

194.

Name / Age

THET HTUN AKA KO SAW THET HTUN / Male,  dob 1965

 He was accused of agitating unrest and having contact with groups on the border.  He had been released from a previous term of imprisonment for political reasons in 1997.

Political Party / Role / Place

Tamway Yangon

Sentence / Legislation

36 years' imprisonment or  20 years' imprisonment / 1950 EPA, 5[j], UAA 17(1)

Date of Arrest

September 1999

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Student

195.

Name / Age

THET AUNG NAING

He was arrested with four NLD members. He was reported to have been denied access to family and lawyers, and to have been sentenced to life imprisonment in June 2005.

Political Party / Role / Place

Not known

Sentence / Legislation

Reportedly to life imprisonment

Date of Arrest

December 2004

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

 

 

 

196.

Name / Age

THET OO / Male,  not known

He was arrested in connection with student demonstrations in favour of the formation of a student union and the release of political prisoners. He was charged with collaboration with underground movements because he allegedly photocopied materials for use in student demonstrations in December 1996.He is reported to have been severely tortured during interrogation.

Political Party / Role / Place

 

Sentence / Legislation

14 or 26 years/ 1950 EPA, 5[j], UAA, 17 (1), PPRA 17/20

Date of Arrest

December 1996

Prison Held

Insein  Prison

Health Concerns

 

Torture Concern

YES

Profession

Photocopy Shop Owner

 

197.

Name / Age

THU YA AUNG

He was sentenced in connection with demonstrations organized by opposition groups in exile. This is his second period of imprisonment for political reasons

Political Party / Role / Place

ABFSU; YASU / Bago Division

Sentence / Legislation

25 years / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

25 August 1999

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Artist

198.

Name / Age

THURA / Male,  not known

He was sentenced in connection with student support for convening parliament.

Political Party / Role / Place

 

Sentence / Legislation

14 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

Student

 

199.

Name / Age

THURA AUNG / Male, dob 1978

He was arrested in connection with student demonstrations to support the convening of parliament.

Political Party / Role / Place

Kamayut Yangon

Sentence / Legislation

7 years' imprisonment / 1950 Emergency Provisions Act, Section 5  [j]

Date of Arrest

24 August 1998

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Student

 

200.

Name / Age

THURA SOE / Male,  25 years old

He was arrested in connection with plans by opposition groups in exile to hold demonstrations. He was reportedly tortured, including with electric shocks. He and co-defendants reportedly stated in court that they were tortured, and there was no response from the presiding judge. They also reportedly requested legal counsel, which was denied.

Political Party / Role / Place

Bago Division

Sentence / Legislation

25 years' imprisonment

Date of Arrest

1999

Prison Held

Toungoo Prison 

Health Concerns

 

Torture Concern

YES

Profession

Household Goods Salesman

201.

Name / Age

TIN OO / Male,  not known

He was arrested with a group of NLD members and allegedly sentenced for passing information to opposition groups in exile.

Political Party / Role / Place

NLD / Yangon

Sentence / Legislation

12 years

Date of Arrest

December 2003

Prison Held

Mandalay Prison

Health Concerns

 

Torture Concern

 

Profession

 

202.

Name / Age

TUN AYE / Male,  not known

He was sentenced with eight others for distributing leaflets, which authorities categorized as spreading rumours "with intent to create misleading impressions on [sic] the government and to cause panic". He was arrested during a crackdown on political activists after renewed political activities by the NLD. He is reported to have suffered tuberculosis in prison. He is being held at least 340 miles from his home.

Political Party / Role / Place

North Okkalappa Yangon

Sentence / Legislation

13 years' imprisonment,

commuted to 10 years by SLORC amnesty 01/12/97,

Date of Arrest

02/06/96

Prison Held

Thayet Prison

Health Concerns

tuberculosis

Torture Concern

 

Profession

Student

 

 

203.

Name / Age

TUN ZAW HTAY / Male,  not known

He was arrested in a crackdown on students, including individuals who authorities alleged were involved in a plot to plant bombs in Yangon. No allegations of violence are believed to have been made against Tun Zaw Htay, and it has been reported that one of the reasons he was arrested was because he allegedly assisted in the provision of financial assistance to former prisoners and student activists.

Political Party / Role / Place

Kamayut Yangon

Sentence / Legislation

10 years / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

June 2000

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

Student (Maths)

 

204.

Name / Age

VIPULLA (U) AKA HLA THAN HTEIK / Male,  c.20

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery

Political Party / Role / Place

Mon State

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d]

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

205.

Name / Age

VIRAZAYA (U) AKA CHIT MYO / Male,  not known

He was reportedly sentenced with a group of novice monks for refusing to eat a meal offered to them by Military Intelligence officials.

Political Party / Role / Place

Mandalay

Sentence / Legislation

Seven years

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

 

206.

Name / Age

WANNATHARMI (U) AKA WIN SAUNG / Male,  c. 18 years old

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

207.

Name / Age

WARYAMEINDA (U) AKA WIN BO / Male,  c. 18

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

208.

Name / Age

WIN KYI / Male,  not known

He was arrested with a group of NLD members and allegedly sentenced for passing information to opposition groups in exile

Political Party / Role / Place

NLD / Mandalay

Sentence / Legislation

22 years

Date of Arrest

 

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

209.

Name / Age

WIN MIN THAN / Male,  not known

He was reportedly sentenced in connection with NLD calls to convene parliament.

Political Party / Role / Place

 

Sentence / Legislation

7 years / 1950 EPA, 5 [j]

Date of Arrest

September 1998

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

210.

Name / Age

WISAREINDA AKA  KYAW NIN OO / Male,  not known

He and 19 others at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

211.

Name / Age

YA MA AKA THET HTUT NAING / Male,  19 years old

Aged 15 at time of arrest, he was sentenced for alleged involvement in plans to demonstrate in Bago division. Persons arrested at this time in Bago division were reportedly subjected to strong torture. His brother is also believed to have been detained during demonstrations in 1998.

Political Party / Role / Place

Bago Division

Sentence / Legislation

not known

Date of Arrest

1999

Prison Held

Thayet Prison 

Health Concerns

 

Torture Concern

YES

Profession

 

 

212.

Name / Age

YAN NAING MIN

It is believed that he was arrested in connection with student support for the convening of parliament

Political Party / Role / Place

ABFSU

Sentence / Legislation

20 years

Date of Arrest

1998

Prison Held

Mandalay Prison

Health Concerns

Hernia and other health problems

Torture Concern

YES

Profession

Student and poet

 

 

213.

Name / Age

YE LWIN / Male,  not known

He was reportedly arrested in connection with student demonstrations in support of the creation of a student union.

Political Party / Role / Place

Yangon

Sentence / Legislation

18 years / 1950 EPA, 5 [j], UAA, 17 (1)

Date of Arrest

20 December 1996

Prison Held

Tharawaddy Prison

Health Concerns

 

Torture Concern

 

Profession

Student (High School)

 

 

214.

Name / Age

YE NAING WIN / Male,  not known

He was arrested in connection with student demonstrations in favour of the legitimisation of student unions and the release of political prisoners. He was reportedly tortured in interrogation and sustained injuries. He was reportedly denied legal representation at his trial. He is being held nearly 400 miles from his home, a journey of at least 12 hours by road.

Political Party / Role / Place

DPNS / North Dagon Yangon

Sentence / Legislation

19 years, commuted to 10 years by SLORC amnesty 01/12/97 / Section 5 [j] of the 1950 Emergency Provisions Act; UAA 17 (1)

Date of Arrest

December 1996

Prison Held

Myingyan Prison

Health Concerns

has had liver disease

Torture Concern

YES

Profession

Builder

 

215.

Name / Age

YE TUN MIN (KO) / Male,  not known

He was arrested with a group of NLD members for allegedly contacting opposition political groups in exile. His father, U Than Lwin, was also sentenced in this case.

Political Party / Role / Place

Yangon

Sentence / Legislation

12 years

Date of Arrest

22 December 2003

Prison Held

not known

Health Concerns

 

Torture Concern

 

Profession

 

 

 

216.

Name / Age

YE THIHA / Male,  not known

He was sentenced in May 2004 for allegedly having contact with opposition groups in exile, and reportedly preparing information that criticized official plans for political reconciliation. He was reportedly imprisoned in 1989 for his alleged former association with the ABSDF.

Political Party / Role / Place

Yangon

Sentence / Legislation

Seven years / 1950 EPA, section 5 [j]

Date of Arrest

February 2004

Prison Held

Insein Prison 

Health Concerns

 

Torture Concern

 

Profession

 

 

 

217.

Name / Age

YEWATA (U) AKA U KYIN HLAING / Male,  not known

He and 19 novice monks at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

 

Political Party / Role / Place

 

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

Novice Monk

 

218.

Name / Age

YUGANDARA (U) AKA U NYO / Male,  not known

He and 19 novice monks at Maha Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a meal provided by Military Intelligence officials to the monastery.

Political Party / Role / Place

Sagaing Division

Sentence / Legislation

Seven years / 1950 EPA, 5 [j] [d] 295 (1)

Date of Arrest

November 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

219.

Name / Age

ZAW LIN TUN / Male,  not known

He was reportedly sentenced in February 2004 for allegedly distributing leaflets critical of the authorities announced plans for political transition.

Political Party / Role / Place

ABFSU

Sentence / Legislation

17 years / 1950 EPA, 5 [j]

Date of Arrest

October 2003

Prison Held

Insein Prison

Health Concerns

 

Torture Concern

 

Profession

 

 

220.

Name / Age

ZAW MIN HTIKE (KO) / Male,  not known

He was arrested in 1999 after being deported from Thailand. He was reportedly accused of being a member of an exiled political group and youth workers organization.

Political Party / Role / Place

Hpa-an Kayin State

Sentence / Legislation

5 years' imprisonment / 1950 EPA, 5 [j]

Date of Arrest

25 December 1999

Prison Held

Mawlamyine Prison 

Health Concerns

 

Torture Concern

 

Profession

Migrant Factory Worker In Thailand

 

221.

Name / Age

ZAW MIN NAING / Male,  not known

He was arrested with a group of NLD members and allegedly sentenced for passing information to opposition groups in exile

Political Party / Role / Place

NLD / Yangon

Sentence / Legislation

12 years

Date of Arrest

December 2003

Prison Held

 

Health Concerns

 

Torture Concern

 

Profession

 

 

 

222.

Name / Age

ZAW MIN OO / Male,  not known

He is believed to have been arrested in connection with demonstrations in support of the convening of parliament. He was reportedly badly beaten in Insein Prison in April 2005.

Political Party / Role / Place

ABFSU  Yangon

Sentence / Legislation

14 years, 1950 EPA, 5 [j], UAA 17 (1), Immigration Act 13 (1)

Date of Arrest

September 1998

Prison Held

Not known

Health Concerns

 

Torture Concern

yes

Profession

 

 

223.

Name / Age

ZAW YE WIN (KO) / male dob 1972

He was sentenced for alleged involvement in the organization of demonstrations in September 1999.  He was previously imprisoned in 1990 for his involvement in the commemoration of the death of Phone Maw and imprisoned for three years.

Political Party / Role / Place

 

Sentence / Legislation

14 years / 1950 EPA, 5 [j], UAA 17 (1)

Date of Arrest

28 August 1999

Prison Held

Thayet Prison

Health Concerns

heart disease

Torture Concern

YES

Profession

Student

 

224.

Name / Age

ZAW ZAW LAT (KO) AKA ZAW GYI / Male,  dob 1979

He was arrested in connection with a planned demonstration in July 1999 to commemorate the assassination of independence campaigner General Aung San. Persons arrested in Bago division at this time are reported to have been severely tortured.

Political Party / Role / Place

NLD / Bago Division

Sentence / Legislation

25 years with hard labour / 1950 Emergency Provisions Act, Section 5 [j], PPRA 17/20

Date of Arrest

July 1999

Prison Held

Thayet Prison

Health Concerns

 

Torture Concern

 

Profession

Boxing Trainer

 

 

 PRISONERS HELD WITHOUT CHARGE OR TRIAL UNDER THE 1975 STATE PROTECTION LAW

 

 

Name / Age

AUNG SAN SUU KYI (DAW) / f, dob 1945

She has been detained since her and NLD members travelling on party business in Upper Myanmar were violently attacked, in what is believed to have been a state orchestrated operation. Authorities stated that she and other NLD members were being held under “protective custody.” She was held incommunicado in an undisclosed location for more than four months until September 2003 when she was put under house arrest after undergoing surgery.  She was reportedly informed in November 2004 that she was being held under the 1975 State Protection Law, which allows detention without charge or trial on executive order.

She was held under house arrest between July 1989 and May 1995  and between September 2000 and May 2002, and in intervening periods has had her movement severely restricted. She has never been charged or tried for any of these periods of detention. She was awarded the Nobel Peace Prize while under house arrest in 1991.

 

Political Party / Role / Place

NLD General Secretary

Sentence / Legislation

none / 1975 SPL, 10 [b]

Date of Arrest

30 May 2003

Prison Held

House arrest

Health Concerns

 

Torture Concern

 

 

 

 

 

 

 

Name / Age

MAY WIN MYINT (DAW)  f, 54 yrs. old 08/03/1950

Daw May Win Myint was among a group arrested after an attempt by the NLD to hold a meeting with Daw Aung San Suu Kyi and the NLD Youth in Mayangone township, which authorities characterized as "anti-government activities with a mob." She is reported to have been deprived of drinking water and to have been mistreated during interrogation. She is being detained under an administrative detention law beyond the expiry of her sentence.

Political Party / Role / Place

NLD / MP-elect / Mayagone 2 Yangon Division

Sentence / Legislation

6 years imprisonment / 1950 EPA,  5[j], SPL 10 [a]

Date of Arrest

28 October 1997

 

 

Prison Held

Insein Prison 

Health Concerns

 heart disease, high blood pressure and arthritis

Torture Concern

YES

Profession

Medical Doctor

 

 

Name / Age

MYAT SAN

Myat San was sentenced for his participation in demonstrations to celebrate Aung San Suu Kyi receiving the Nobel peace prize. He is being held beyond the end of his sentence under section 10 a of the 1975 State Protection Law. He is being held at least 170 miles from his home, a journey of more than eight hours by road.

Political Party / Role / Place

NLD / Pabedan township Yangon Division

Sentence / Legislation

15 years; commuted to 10 years 1.1.93 / 1950  EPA 5 [j], SPL 10 [a]

Date of Arrest

11 December 1991

Prison Held

Taungoo Prison

Health Concerns

gastric ulcer, tuberculosis

Torture Concern

 

Profession

Student

 

 

 

 

 

 

 

Name / Age

SHWE OHN (U) / 82 years old

He was placed under house arrest for taking part in a Shan National Day meeting in Taunggyi on 7 February 2005. It was reported that participants discussed the future of the Shan State and the role of the ceasefire groups at the National Convention. He was previously arrested in December 1992 and sentenced to one year imprisonment for writing and distributing an essay on the form the new constitution should take.

Political Party / Role / Place

Democratic League for the National Races of the Shan State (abolished) / Shan veteran politician

Sentence / Legislation

Reportedly one year of house arrest / 1975 SPL 10 (B)

Date of Arrest

8 February 2005

Prison Held

House arrest

Health Concerns

 

Torture Concern

 

Profession

Lawyer and writer

 

 

 

225.Name / Age

SOE MYINT

He was reportedly sentenced for alleged links with the CPB. He is being held in a prison more than 12 hours by train from his family.

Political Party / Role / Place

All Burma Youth League, allegedly CPB

Sentence / Legislation

20 years, commuted to 10 years imprisonment, currently SPL 10 [a]

Date of Arrest

November 1989

Prison Held

Mandalay

Health Concerns

Not known

Torture Concern

Not known

Profession

Not known

 

Name / Age

THAN NAING, AKA PAGAN KO OO

He was sentenced under suspicion of being an underground CPB member and for his part in demonstrations against one party rule in 1988. He was reportedly seriously tortured and made to confess at gunpoint. He reportedly attempted to commit suicide in 1998 by jumping into a prison well. He was given a second prison sentence in 2000, when he was being held under section 10 [a] of the State Protection Law, to a further seven years' imprisonment for a small fight that broke out between two other prisoners, that he allegedly had no part in. A total of ten people were arrested in this connection, and alleged CPB members received higher prison terms than others. Legal representation was denied at the trial. It is not clear whether he is being imprisoned for this or under 10 a.

Political Party / Role / Place

Alleged CPB, Yangon

 

Sentence / Legislation

20 years + seven years, Section 123(1) of Penal tribunal, prison rules 5[f],  1975 SPL, 10 [a]

Date of Arrest

November 1989

Prison Held

Mawlamyine

Health Concerns

Reported mental health problems

Torture Concern

YES

Profession

Former bookshop owner and journalist

 

 

Name / Age

THAN NYEIN (DR.) / 67 years old dob 1937 male

He was arrested for attempting to arrange a meeting of local NLD activists with the party's General Secretary, Daw Aung San Suu Kyi. He is being held beyond the expiry of his sentence under an administrative detention law that allows authorities to hold prisoners without charge or trial. He went on hunger strike in October 2004 to protest this, and was reportedly transferred as a punishment to Tharawaddy Prison before being returned to Insein hospital. He has been repeatedly hospitalised during his imprisonment. He was moved for the fourth time since his sentence expired, in January 2005, to Pyay prison.

Political Party / Role / Place

NLD MP-elect /  Kyauktan 1 Yangon

Sentence / Legislation

Seven years / SPL, 10 (a) 1950 EPA, 5 [j]

Date of Arrest

October 1997

Prison Held

Pyay Prison

Health Concerns

chronic liver cirrhosis, heart disease, hypertension

Torture Concern

 

Profession

Medical Doctor

 

Name / Age

THET KHAING, AKA Ko Latt, c. 50 years old

He was reportedly arrested for his alleged connections with the CPB and the NPF.

Political Party / Role / Place

Alleged CPB, NPF

Sentence / Legislation

20 years’ commuted to 10 years, SPL 10 [a]

Date of Arrest

November 1989

Prison Held

Mandalay Division

Health Concerns

Mental problems

Torture Concern

Not known

Profession

Not known

 

 

Name / Age

TIN OO (U) / aged 77 dob 1927

He was detained by authorities after he and other NLD officials and members were violently attacked in what is believed to have been a state orchestrated operation. He was held in Kalay Prison and transferred into house arrest in February 2004. He was held in Insein Prison between 1990 and 1995 on account of his peaceful political activities. He has also been made to remain under effective house arrest during successive crackdowns on NLD political activities, including in September 2000, after he and other senior officials of the NLD had been prevented from leaving the capital on party business. His detention was increased by a further year on 13 February 2005.

 

Political Party / Role / Place

NLD vice Chairman

Sentence / Legislation

1975 SPL

Date of Arrest

30 May 2003

Prison Held

house arrest

 

Health Concerns

 

Torture Concern

 

Profession

Former Chief Of Staff Of Armed Forces And Former Minister Of Defence

 

 

Name / Age

YE NYUNT

He was reportedly sentenced for alleged connections to the CPB. He is currently imprisoned at least 12 hours travel by train from his family.

Political Party / Role / Place

Alleged CPB, Yangon

Sentence / Legislation

Not known. Currently SPL, 10 [a]

Date of Arrest

1989

Prison Held

Mandalay Prison

Health Concerns

Not known

Torture Concern

Not known

Profession

Not known

 

 

 

 

 

 

 

 

 

 

 

(KEY TO TABLE REFERENCES)

 

1) Political Groups

 

ABFSU

All Burma Federation of  Student Unions

ABSDF

All Burma Students Democratic Front

ALD

Arakan League for Democracy

CPB

Communist Party of Burma, also known as the BCP

CRPP

Committee Representing the People’s Parliament

DPNS

Democratic Party for a New Society

FTUB

Federation of  Trade Unions -  Burma

MNDF

Mon National Democratic Front

NCGUB

National Coalition Government of the Union of Burma

NLD

National League for Democracy

NPF

National Politics Front

 

 

 

 

Roles

 

MP-elect: elected as Member of Parliament in the 1990 elections

TOC - Township Organizational Committee

DOC: Divisional Organizational Committee

 

Legislation

 

1950  EPA

1950 Emergency Provisions Act

 

Section 5 [e] of the 1950 Emergency Provisions Act allows authorities to imprison up to seven years, or fine, or both, anyone who “causes or intends to spread false news, knowing beforehand that it is untrue

 

Section 5 [j] of the 1950 Emergency Provisions Act allows authorities to imprison for up to seven years and/or fine anyone who “causes or intends to disrupt the morality or the behaviour of a group of people or the general public, or to disrupt the security and stability of the Union.

1975 SPL

1975 State Protection Law

Anyone who is suspected of having committed, or who is committing, or who is about to commit, any act which "endangers the sovereignty and security of the state or public peace and tranquillity", can be imprisoned for up to five years without trial on the orders of the executive, without any legal appeal to the detention.

 

1985 TV and Video Law

This provides for the compulsory licensing of television sets and video recorders, and for the mandatory censorship of all video tapes. Under this law copying, hiring, distributing or showing a video tape that has not been approved by censors is punishable with imprisonment for up to three years, or a fine, or both.

Penal Code

Under Section 122/1,

Whoever commits High Treason within the Union of Burma shall be punished with death

Under Section 122/2

Whoever, being a citizen of the Union of Burma or ordinarily resident within the Union, commits High Treason outside the Union shall be punished with death.

 

Under Section 505, anyone who

 

makes, publishes or circulates any statement, rumour or report...

 

[b] with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquillity

 

may be punished with two years’ imprisonment and a fine

 

 

 

PPRA

The 1962 Printers and Publishers Registration Act  requires all books, magazines, periodicals, song lyrics and film scripts to be approved by censors prior to publication or distribution: anyone breaching it may be punished with up to seven years’ imprisonment and a fine.

 

UAA

Unlawful Associations Act (India Act XIV, December 11 1908)

 

Section 17/1 allows the imprisonment of a minimum of two years, and a maximum of three, and a fine, of anyone who is a member of an association considered unlawful by authorities, or who contributes, receives or solicits any contribution for the purpose of any such association, or in any way assists the operations of such an organization.

 

Section 17/2 allows a minimum term of three years’ imprisonment, and a maximum term of five years’ for anyone who manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members.

 

 

Place Detained

 

Insein

Insein Prison, Yangon Division

Kalay

Kalay Prison, Sagaing Division

Katha

Katha Prison, Sagaing Division

Mandalay

Mandalay Prison, Mandalay Division

Mawlamyine

Mawlamyine Prison, Mon State

Myitkyina

Myitkyina Prison, Kachin State

Pathein

Pathein Prison, Ayeyarwady Division

Tharawaddy

Tharawaddy Prison, Bago Division

Thayet

Thayet Prison, Magway Division

Toungoo

Toungoo Prison, Shan State

 

 

Note on photographs: copyright is private for all pictures, unless otherwise stated.

 

 



[1] Myanmar, Facing Imprisonment: Prisoners of Concern to Amnesty International, ASA 16/07/2004, December 2004, http://web.amnesty.org/library/Index/ENGASA160072004?open&of=ENG-MMR

[2] Myanmar: Prisoners of Political Repression, ASA 16/006/2001,  April 2001, http://web.amnesty.org/library/Index/ENGASA160062001?open&of=ENG-MMR

[3] Please see Myanmar, Justice on Trial, ASA 16/7/2003, July 2003, Myanmar: Grave Concerns with the Administration of Justice, ASA 16/01/2004, accessible on http://web.amnesty.org/library/eng-mmr/index&start=1

[4] In what is widely acknowledged to have been a government organized attack, NLD members travelling at night in upper Myanmar were beaten by men with iron rods and sticks on 30 May 2003. At least four people died, and more than a hundred of those attacked, including individuals who sustained serious injuries, were detained and held incommunicado for months. Villagers who were reported to have assisted some members to escape and avoid detention were sentenced to prison terms, as were individuals who attempted to circulate information about the incident afterwards. There has been no independent investigation into the attack.

[5] Democratic  Voice of Burma, radio broadcast 13 April 2005

[6] Myanmar: The Institution of Torture, ASA 16/24/2000, December 2000, Myanmar: Justice on Trial, AI Index ASA 16/07/2003, July 2003

[7] Democratic Voice of Burma, 22 September 2004

[8] The Karen National Union was established in 1947, and is the oldest ethnic nationality armed opposition group. Its leaders are currently discussing the signature of a ceasefire with the SPDC.

 

[9] The Arakan Communist Party, now defunct, represented the interests of Arakan (Rakhine) state members of the Communist Party of Burma, a coalition of Marxist groups that engaged in armed resistance to military rule in Myanmar since the 1960s.

 

[10] interviewed on Democratic Voice of Burma, 5 January 2005

[11]

[12] Commission on Human Rights Resolution: 2004/41, 19 April 2004, para. 8.

[13] Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev.1 at 30 (1994), para. 11.

[14] See for instance Report of the Committee against Torture, UN Doc. A/52/44 (1997), paras. 121(d) (re Georgia); 146 (re Ukraine); UN Doc. 44(A/55/44) (2000), para. 61(b) (re Peru); UN Doc. A/58/44 (2003), para. 42(h) (re Egypt); UN Doc. A/59/44 (2004), para. 146(d) (re Yemen).

[15] UN Doc. E/CN.4/2002/76, 27 December 2001, Annex 1.

[16] Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principles 15 & 18, UN Standard Minimum Rules for the Treatment of

Prisoners, rule 92

 

 

[17] Commission on Human Rights Resolution: 2004/41, 19 April 2004, para. 8.

[18] Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev.1 at 30 (1994), para. 11.

[19] See for instance Report of the Committee against Torture, UN Doc. A/52/44 (1997), paras. 121(d) (re Georgia); 146 (re Ukraine); UN Doc. 44(A/55/44) (2000), para. 61(b) (re Peru); UN Doc. A/58/44 (2003), para. 42(h) (re Egypt); UN Doc. A/59/44 (2004), para. 146(d) (re Yemen).

[20] UN Doc. E/CN.4/2002/76, 27 December 2001, Annex 1.

[21] New Light of Myanmar, official government publication 16 March 2005

[22] as above

[23] as above

[24] The Shan State Army – South, is an armed opposition group active in Southern and Eastern Shan State

[25] The Shan Nationalities League for Democracy is a legally registered opposition political party, which won 23 seats in Shan State in 1990 elections.

[26] New Light of Myanmar, 5 April 2005

[27] New Light of Myanmar 23 April 2005

[28] UN Doc. E/CN/4/2003/68. 17 December 2002, para. 26(g).

[29] Interviewed on Democratic Voice of Burma, 17 October 2003

[30] New Light of Myanmar, 17 March 2005

[31] Democratic Voice of Burma, broadcast 20 May 2005

[32] Myanmar's military government has been in power since 1962. After widespread protest against one-party rule, the authorities held elections in 1990.  Opposition parties won a majority of seats, but the authorities delayed the
transfer of power until a new constitution had been drafted. The constitution drafting process, which has been repeatedly delayed since a first meeting in 1993, recommenced in 2004. A meeting to draft principles for a new
constitution, known as the National Convention, began on 17 February 2005. Opposition political parties including the SNLD and NLD ) boycotted the Convention on the grounds that the authorities have restricted their political
activities and imprisoned senior opposition political leaders, and that there has been a lack of democratic procedures and free speech at the Convention. In the lead-up to recent sessions of the National Convention, members and leaders of opposition parties have been followed, interrogated, and intimidated for attempting to engage in legitimate and peaceful political activities. Some have been arrested for their non-violent protests, for example, calling for all political prisoners to be released. 

[33] [33] The 10 member CRPP was formed by the NLD in September 1998, with the support of  251 MPs elect, including MPs from other parties

[34] The SSPC represents various ethnic Shan armed opposition groups who agreed ceasefires with the authorities during the 1990s, after decades of fighting for greater autonomy.

[35] a coalition of political parties representing non-Burman ethnic nationality groups
in Myanmar

[36] U Shwe Ohn was arrested in December 1992 and sentenced to one year’s imprisonment for writing and distributing an essay making suggestions to the National Convention about the new constitution.

[37] Unofficial translation, published by the Democratic Voice of Burma on 7 April 2005

[38] Myanmar Embassy in Thailand, quoted in the Nation, 25 August 1996

[39]. Khin Nyunt was the head of the central military intelligence agency in Myanmar, which included a think-tank on government policy on a variety of topics including narcotics, foreign affairs,
the position of armed opposition groups from ethnic minorities, and government corruption. The MIS monitored armed and non-armed political opposition groups and political activists and ran interrogation centres which were well-known for the widespread practise of torture and other forms of cruel, inhuman or degrading treatment. Khin Nyunt also had extensive business interests, including newspapers, many of which have been shut down.

[40] Democratic Voice of Burma, 7 April 2005

[41] The National Intelligence Bureau, which controlled military intelligence in Myanmar and was run by former Prime Minister Khin Nyunt, was dismantled by the SPDC in October 2004, after the sacking of Prime Minister Khin Nyunt and his arrest. The NIB controlled all intelligence units, including military intelligence, the Bureau of Special Investigation and the criminal investigation department.

[42] New Light of Myanmar, 19 November 2004

[43] Sydney Morning Herald, 27 November 2004

[44]When the time is right we shall set her free." Colonel Kyaw Win, 28 March 1995

We review things and when the time is right” Deputy Foreign Minister Kyaw Thu, 26 November 2004

[45] Foreign Minister U Win Aung, quoted by Agence France Presse, 27 July 2003 and Kyodo News 29 July 2003

 

[46] Foreign Minister U Win Aung, quoted by Agence France Presse, 4 October 2003

[47] The Truth, Volume III, Scrutiny of Letters sent from members of Amnesty International, published by Office of Strategic Studies, Ministry of Defence, and translated by the New Light of Myanmar http://www.myanmar-information.net/truth/truth.html