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 severely. That 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 Naing, Lwin 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 |
|
|
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 |
|
|
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 |
(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 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 |
|
|
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 |
(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 |
|
|
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 |
(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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
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 |
|
|
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 |
|
|
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 |
|
|
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 |
(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 |
|
|
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 |
H |
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
(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 |
|
|
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 |
(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 |
(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 |
(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 |
|
|
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 |
|
|
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 |
(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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
(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 |
(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 |
(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 |
|
|
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 |
|
|
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 |
|
|
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 |
(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 |
|
|
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 |
|
|
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 |
(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) |
(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 |
|
|
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 |
|
|
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 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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
|
||
|
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.” |
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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.
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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. |
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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
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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.
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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.
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Place Detained
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Insein |
Insein Prison, Yangon Division |
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Kalay |
Kalay Prison, Sagaing Division |
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Katha |
Katha Prison, Sagaing Division |
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Mandalay |
Mandalay Prison, Mandalay Division |
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Mawlamyine |
Mawlamyine Prison, Mon State |
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Myitkyina |
Myitkyina Prison, Kachin State |
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Pathein |
Pathein Prison, Ayeyarwady Division |
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Tharawaddy |
Tharawaddy Prison, Bago Division |
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Thayet |
Thayet Prison, Magway Division |
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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
[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