Document - Myanmar: Facing Imprisonment: Prisoners of Concern to Amnesty International

Myanmar

Facing Political Imprisonment: Prisoners of concern to Amnesty International

This document reports on prisoners of conscience, detained in Myanmar solely on account of their peaceful exercise of the right to freedom of association, expression and assembly. It also provides details of prisoners whom Amnesty International believes may be prisoners of conscience, and of political prisoners who are being detained without charge or trial. It names more than 200 individuals imprisoned between 1989 and 2004, who are among more than 1,300 political prisoners who have been imprisoned after unfair trials. Among those imprisoned are the elderly and infirm, individuals with chronic mental and physical health problems made worse by their treatment in detention, and persons who were juveniles at the time of their arrest and have been held in prison with adults.

Amnesty International renews long-standing calls on the State Peace and Development Council to immediately and unconditionally release those who have been imprisoned for their peaceful exercise of the rights to freedom of expression, assembly and association. Amnesty International is concerned that in addition to being a gross injustice, imprisonment has had grave effects on the health of political prisoners, on their families, and that former prisoners of conscience are subjected to further discrimination and harassment after release from prison. Sentences and arrests for political reasons have continued during 2004.

Members of registered political parties, unregistered associations and individuals with no political affiliation are among those who are imprisoned for perceived acts of dissent. Daw Aung San Suu Kyi, 59, t General Secretary and U Tin Oo, 77, vice-Chairman of the main opposition party, the National League for Democracy (NLD), have been detained without charge and trial since a violent attack on them and other party supporters and members on 30 May 2003. They and other senior representatives members and supporters of the NLD, which won 82% of votes in general elections in 1990, and to whom authorities have not transferred power, have been repeatedly detained or imprisoned for more than a decade.

Student leaders active in protests against one party rule in 1988, and students who participated in mass or individual protests in 1991, 1996, 1998, and 2002 are detained. They were active in demonstrations calling for the right to register student unions, the institution of educational and political reforms and the release of political prisoners. They are serving sentences of up to 59 years’ imprisonment. Student union leader Ko Ko Gyi is one of those who are still imprisoned for their part in 1991 demonstrations calling for the release of Daw Aung San Suu Kyi and other political prisoners. Aung Tun, Central Executive Committee member of the All Burma Federation of Student Unions (ABFSU), and other former student leaders and political veterans have been imprisoned since 1998 for their part in the preparation of a history of the student movement.

Monks and nuns who have taken part in demonstrations or have refused alms provided by state officials have also been penalized with imprisonment. So too have individuals who have tried to speak out against human rights violations. At least eight prisoners are still serving sentences for trying to send information from prison about human rights violations in prison to the United Nations, including Zaw Myint Maung, a NLD MP elect and doctor, who has been imprisoned since 1990. Win Htein, a businessman and senior NLD advisor has been in prison since June 1996, and is serving a 14 year prison sentence because authorities alleged he had instructed a former prisoner to speak to a foreign journalist about the use of torture in interrogation, and had received a video from farmers of the poor rice crop to give to the NLD leadership. NLD MP elect Saw Naing Naing, and senior NLD members U Soe Han, a lawyer in his 80s, poet and journalist Aye Kyuand poet Aung Myinthave been sentenced to 21 years’ imprisonment for issuing a statement protesting the house arrest of Daw Aung San Suu Kyi and restrictions on the NLD.

Authorities have penalized individuals for accessing news from overseas, including journals produced by opposition groups in exile, or for sharing this information with others. U Khin Maung Swe, ageologist, and two NLD MPs elect, who are a medical doctor and newspaper editor, have been imprisoned since 1994 for possessing journals produced by opposition groups in exile and for reportedly passing these to others. Individuals with political affiliations have also been imprisoned for possessing equipment to access satellite television channels, without official permission. Individuals whom authorities alleged had distributed information on the violent attack on NLD members in May 2003 are serving sentences of seven years’ imprisonment.

Amnesty International is also concerned that political party members have been arrested for alleged criminal offences which were apparently used as a pretext by the authorities to restrict their political activities by imprisoning them.

Lack of Due Process in Political Trials and misuse of detention and security legislation

Amnesty International has documented its concerns at the administration of justice in Myanmar, and has called on authorities to impose a moratorium on the use of vaguely worded security legislation to imprison peaceful government critics, and to ensure that due process is observed in political trials.(1) Political activists are often arrested without warrant, held incommunicado, often for months, tortured and in other ways ill-treated in pre-trial detention. They have then been sentenced in unfair trials, in which the right to legal counsel, to speak in one’s own defence, and to appeal the sentence has often been denied. Confessions extracted as a result of torture have been used, and individuals’ statements that they were tortured have not been investigated by authorities presiding over the court. U Win Tin, 74, an advisor to the NLD, who has been imprisoned since 1989 and received a further prison sentence while in prison for distributing news and gathering information on human rights violations in prison, is reported to have complained of being tortured during his trial. No action is known to have been taken.

Security legislation and laws on publication and the formation of associations, which subject rights and freedoms to greater restrictions than are necessary to meet requirements of public order, morality and general welfare, have been used to imprison these prisoners. Individuals attempting to establish student unions have been penalized for establishing "illegal organizations", and people who have or distribute political leaflets and videos have been sentenced for distributing information that has not been approved by the official censor.

Political prisoners are being held under the 1975 State Protection Law, which allows authorities to detain individuals in prison or at home, for up to five years, without ever being presented in court, without the right to know why they are being detained or to contest their detention. Many prisoners of conscience have been detained under this legislation, most commonly after their prison sentences have expired. Daw Aung San Suu Kyi, who has been held under house arrest for at least nine of the past 14 years, has always been held under this law, but has never been brought before a court. Two medical doctors and NLD Members of Parliament elects with health problems, Daw May Win Myint, 54, and Dr. Than Nyein, 67 , who has chronic liver cirrhosis and other diseases, were imprisoned in 1997 for organizing a meeting of Daw Aung San Suu Kyi and the NLD Youth Wing. They have recently had their imprisonment extended under this legislation. Similarly, two leaders from the Democracy Party, U Htwe Myint, 77, who has Parkinson’s disease and other illnesses, and U Thu Wai, also in his 70s, sentenced to seven years’ imprisonment in 1995 for distributing leaflets, have had their detention continuously extended under this legislation since 2002.

Many of those currently imprisoned have previously been imprisoned or held in short-term detention, often without charge or trial, for periods of up to three years for political reasons. During this time they have been placed under pressure to resign from political parties or desist from other political activities, in widescale crackdowns on political activity in the country, including in June 1996, September 1998 and 2000. Individuals from the NLD Youth Wing reported being denied water, food and sleep for periods of up to five days, being made to sit and stand repeatedly, and placed under pressure to resign from the NLD. Those who refused to resign were subjected to various forms of pressure, including being denied food and medicine supplied by relatives.

Prison conditions and punishments

Political prisoners have been held in bad prison conditions and a large number are in poor states of health, often made worse by torture or ill-treatment during interrogation, their prison conditions and lack of adequate medical treatment and food. Prisoners are usually reliant on medicine and food purchased by relatives or fellow prisoners, and do not have a high standard of health care in prison. In most cases, political prisoners are not allowed writing materials and although they have been given more access to reading materials, these are not always given and what they may read is usually censored.

Disciplinary measures taken by prison authorities against political prisoners who have protested their conditions or staged political protests in prison have constituted torture and other forms of cruel, inhuman or degrading treatment or punishment. Such punitive measures have included beating, reduction of diet, shackling, close confinement and placement in dark cells for protracted periods. For example, at least 20 prisoners were reported to have been held in cells designed for military dogs for a month in January 2001, after prisoners went on hunger strike while calling for dialogue between authorities and the NLD, and more prisoner access to family visits. Members of the group, which included political and criminal prisoners, were beaten in interrogation, reportedly held continuously in leg shackles with iron bars. It has also been reported that prisoners have been transferred as a punishment to other prisons, often further away from their families, after hunger strikes, and have been beaten by prison authorities including while arriving at prison gates. Prominent political prisoners have also been transferred to prisons very far from their homes, apparently punitively, in some cases requiring at least two days travel by public transport. Locating prisoners far from their families may have consequences for their health as it has restricted their access to essential food and medicine. It also places a further economic burden on relatives.

Deaths in custody

At least five persons arrested for political reasons reportedly died in 2004, either in prison or within three months of release from prison. U Min Thu, a lawyer who reportedly died in Insein Prison in June 2004, had reportedly suffered from a heart condition and high blood pressure when arrested in 1998 for allegedly helping with the preparation of a history of the student movement. He was reportedly held in 2001 in a small cell designed for military dogs in the incident described above. Other political prisoners whose deaths were reported in prison in 2004 include U Shein Tin, c. 69 years old, imprisoned since 1994, who died of cancer in January 2004, and Zaw Myo Htet, aka Zaw Zaw, 28, arrested in July 2003, who died in October 2004 reportedly as a result of hepatitis and tuberculosis. Ko Wanay Soe, an NLD member arrested in 1998 or 1999, died in July 2004, one month after being released from prison on medical grounds. U Kyi Tin Oo a poet and bookseller, released in March 2004 after ten years in prison, also died in July 2004: he had suffered ill-health for a number of years in prison, and had also reportedly been tortured by being severely beaten during his imprisonment. Their health conditions may have been made worse by inadequate medical treatment and diet, and torture and other forms of cruel, inhuman and degrading treatment.

Relatives of Political Prisoners

The relatives of political prisoners have been subjected to discriminatory treatment, and threatened and harassed. Some relatives of political activists sought by authorities have reportedly been arbitrarily detained without charge in order to make their relatives give themselves up to be arrested. Relatives of political prisoners, particularly those employed in the civil service, have been subjected to discrimination at work on account of their relative’s political activities. Such discrimination has included dismissal, lack of promotion, transfer to distant areas and denial of business licenses. The economic burden of providing extra food and medicine necessary for their relatives’ survival in prison is great, particularly if the relative imprisoned is the family’s main breadwinner. If a prisoner is transferred to a remote prison, it can take several days travel in either direction for relatives to visit them, which, in addition to travel costs, may represent a further loss of income. The burden on relatives is greater for families with several imprisoned relatives. For example, Soe Myint, an NLD MP and teacher, who is in a poor state of health was imprisoned with his son, Lin Lin Tun, who was sentenced to 42 years’ imprisonment for supporting NLD calls to convene parliament in September 1998. Both Aye Myint Than, a primary school teacher and NLD organizer, and her daughter Hnin May Aung, a physics student, who is also serving a sentence of 42 years’ imprisonment, were imprisoned in September 1998 for allegedly showing support for NLD calls to convene parliament, and are in poor states of health.

Release and amnesties

Political prisoners are not regularly given sentence reductions with time off for parole.

On 18 November and again on 25 November, the SPDC announced that it had suspended or terminated the sentences of first 3,937 and then another 5,311 prisoners, after stating that there had been "improper conduct" by the National Intelligence Bureau in relation to their imprisonment. On 28 November they stated that the release of these 9,248 prisoners was complete. No full information has been issued by authorities on the number of persons released from prison, but according to information received by Amnesty International, approximately 40 of those released were political prisoners.

According to information available about these persons, at least 21 persons, including three NLD Members of Parliament elect, who were sentenced to seven years’ imprisonment in 1998, had reached the end of their sentence with time off for parole. Two prisoners, prisoner of conscience Min Ko Naing, a student leader imprisoned in March 1989 and Naing Myint, a university librarian, imprisoned for alleged links to the Communist Party of Burma (CPB), appeared to reach the legal limit for the application of the 1975 State Protection Law, under which they were being held. Authorities have issued conflicting information about whether or not long-term prisoner of conscienceU Win Tin, 74, who has been imprisoned since 1989would be included in the release. On 25 November the Deputy Foreign Minister reportedly stated that he would be included in the release. On 26 November the Director-General of Prisons stated to the media that he was not among those scheduled to be released. To Amnesty International’s knowledge he remains imprisoned in Insein Prison.

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, including in 2004. 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."

Amnesty International is also concerned by reports that political prisoners have reportedly been required on their release to undertake not to communicate information to others about their imprisonment, which appears to be a further arbitrary restriction on the right to freedom of expression.

Former political prisoners and their relatives are also subjected to discrimination and harassment. The authorities have reportedly arbitrarily denied or delayed many prisoners of conscience from receiving identity cards and other travel documents and prevented them from reenrolling in education interrupted by their imprisonment. They have also reportedly pressured employers of a number of former political prisoners not to employ them, and have threatened political activists and their relatives, including former political prisoners that they will not be granted business licenses if they engage in political activities, or have offered business opportunities to those who undertake to resign from political parties. Civil servants imprisoned for political activities have been dismissed and families have in some instances lost their housing. Former civil servants have also had their pensions reduced after being convicted for political crimes.

Recommendations

Amnesty International urges the State Peace and Development Council to:

Immediately and unconditionally release all prisoners of conscience held on account of their peaceful exercise of the rights to freedom of association and expression and not penalize anyone for their peaceful exercise of these rights.
To consider an amnesty for all political prisoners, and to make public full information on all political detainees.
To investigate all allegations of incommunicado detention and torture, both in interrogation and in prison, to take steps to bring those responsible to justice, and to take immediate steps to put an end to these practices.
Ensure that juveniles are deprived of their liberty only as a last resort, that they are not held in detention with adults, and to promote alternatives to judicial proceedings and institutional care where appropriate to the child’s wellbeing.
In the absence of a legislature, initiate a moratorium on the use of laws restricting the rights to freedom of expression and assembly, particularly the 1975 State Protection Law, the 1950 Emergency Provisions Law; the 1962 Printers and Publishers Law and the 1908 Illegal Associations Law.
To ensure that international fair trial standards are upheld in political cases, 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.
Ensure that prisoners in every prison, labour camp, and other detention facilities in Myanmar have opportunities for socialization with one another; and that all prisoners have access to reading materials of their choice, and writing materials.
Ensure that prisoners are held in conditions which match international standards, and are provided with proper medical care on a timely basis and an adequate diet, and that all prisoners are supplied with mosquito nets.
Ensure that punishments in prisons do not constitute torture or other forms of cruel, inhuman and degrading treatment.
Investigate all reports of deaths in custody.
Allow political prisoners to stay in prisons which are close to their families so their families can visit them on a regular basis and provide them with necessary food and medicine.
Ensure that former prisoners, political activists and their families are not subjected to arbitrary detention, discrimination or harassment.

PRISONERS OF CONSCIENCE

(1)

Name / AgeAUNG KO OO / Male, not knownHe 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

Sentence / Legislation	13 years / SLORC Law 6/1988

Date of Arrest	16 July 2003

Prison Held	not known

Health Concerns

Torture Concern	YES

Profession	Student

(2)

Name / Age		AUNG KYAW HEIN AKA KYAW ZAW (KO) / M, dob 1972	He was arrested in 1998 with scores of other students, and sentenced for his peaceful activities to reestablish a student union in Myanmar. This is his second period of imprisonment - he was previously imprisoned for displaying a picture of assassinated independence campaigner General Aung San at a stand during water festival celebrations in 1991, when he was a high school student. His father, U Kyi Tin Oo who was imprisoned for political reasons in 1994 and released in 2004, died shortly after his release from detention. He is being held in a prison 680 miles from his home, where malaria is reportedly endemic, a journey of more than 15 hours by road.

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	polio, malaria

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 floor 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

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 MYAT THU / Male, not known	He is believed to have been arrested in connection with student demonstrations supporting educational reforms and NLD calls to convene parliament in September 1998. (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place	Bilin township Mon state

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

Date of Arrest	September 1998

Prison Held	Mawlamyine Prison Mon State

Health Concerns

Torture Concern

Profession	Student

(5)

Name / Age	AUNG SAN SUU KYI (DAW) / f, 1945	She has been detained since she and NLD members travelling on party business in Upper Myanmar were violently attacked, in what is believed to have been a state orchestrated operation. Authorities stated that she and other NLD members were being held under "protective custody." She was held incommunicado in an undisclosed location for more than four months until September 2003 when she was put under house arrest after undergoing surgery. She was reportedly informed in November 2004 that she was being held under the 1975 State Protection Law, which allows detention without charge or trial on executive order. She was held under house arrest between July 1989 and May 1995 and between September 2000 and May 2002, and in intervening periods has had her movement severely restricted. She has never been charged or tried for any of these periods of detention. She was awarded the Nobel Peace Prize while under house arrest in 1991.

Political Party / Role / Place	NLD General Secretary

Sentence / Legislation	none / 1975 SPL

Date of Arrest	30 May 2003

Prison Held	House arrest

Health Concerns

Torture Concern

Profession

(6)

Name / Age	AUNG KYI / 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 chair. It is believed that he and others were tortured during interrogation.

Political Party / Role / Place	not known / 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)

(7)

Name / Age	AUNG MYINT (U) AKA PHYA PON NI LOAN OO / Male, c.50	fi0 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 being held in a prison at least 680 miles from his family, a journey of more than 15 hours by road.

Political Party / Role / Place	NLD TOC chairman / Bahan Yangon

Sentence / Legislation	21 years

Date of Arrest	December 2000

Prison Held	Kalay

Health Concerns

Torture Concern

Profession	Poet

(8)

Name / Age		AUNG PWINT AKA AWAYLU / Male, c. 50	He is reported to have been sentenced to eight years imprisonment in connection with the making of unauthorised video tapes, including of forced labour, and allegedly passing news to organizations outside the country. He was charged with leaving the country without official permission. He is reported to have suffered a gastric ulcer in detention. He is a well-known poet, and has also worked for a media group.

Political Party / Role / Place	Pathein Ayeyarwady Division

Sentence / Legislation	eight years / UAA 17 (1), Immigration Act 13 (1),

Date of Arrest	1999

Prison Held	Tharawaddy

Health Concerns	gastric ulcer

Torture Concern

Profession	Poet And Videographer

(9)

Name / Age	AUNG THEIN	He was arrested for possessing New Era journal, a political journal published in Thailand. He was reportedly beaten on arrest with Kyaw Naing Oo. Neither was reportedly allowed legal representation.

Political Party / Role / Place	NLD Youth / Kyimyindine Yangon Division

Sentence / Legislation	Seven years / 1950 EPA, 5 [j]

Date of Arrest	22 July 2002

Prison Held	Insein Prison

Health Concerns

Torture Concern	YES

Profession

(10)

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

Political Party / Role / Place		ABFSU CC member

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

Date of Arrest		l 17 February 1998

Prison Held		Insein Prison

Health Concerns

Torture Concern		YES

Profession		Student

(11)

Name / Age	AYE MYINT THAN (DAW) (F) / female, aged c.50	She was arrested in a crackdown on opposition activists and students in September 1998, after the NLD called for parliament to be convened. Many of those arrested at the time were reportedly tortured in detention. It is believed that she was imprisoned for her peaceful political activities in support of the Committee Representing the People's Parliament, as a member of the NLD, and for possessing NLD materials. Her daughter, Hnin May Aung, was arrested at the same time and is also imprisoned. She has had two strokes in prison. She is being held c. 170 miles from her home. (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place	NLD TOC secretary / Thingangyun township Yangon

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

Date of Arrest	August 1998

Prison Held	Myaungmya Prison

Health Concerns	heart disease, arthritis, 2 strokes

Torture Concern

Profession	Primary School Teacher

(12)

Name / Age	AYE AUNG / dob c. 1974	Aye Aung was arrested in connection with peaceful demonstrations by students in favour of convening parliament. He is believed to have distributed leaflets to the public. He is being held 680 miles from his home, a journey of more than 14 hours by public transport, in a prison where malaria is endemic. (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

Political Party / Role / Place	ABFSU / Thingangyun Yangon

Sentence / Legislation	24 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)

(13)

Name / Age	AYE KYU (U) AKA MONYWA AUNG SHIN / Male, at least 60		He was sentenced for allegedly writing a statement calling for the lifting of restrictions recently placed on the NLD, including the release of senior party leaders from house arrest. At least four other senior NLD members were sentenced with him, and accused by authorities of attempting to incite unrest, and breaking laws that require any printed material to be approved by the official censor.

Political Party / Role / Place		NLD DC vice chair, 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

(14)

Name / Age	AYE MYINT AKA MYINT AYE MAUNG / Male, not known	He is believed to have been sentenced for passing information and news to political groups in exile, and communicating with the International Labour Organization. He and eight others were sentenced to death, and his sentence was reduced to three years' imprisonment in 2004 on appeal.

Political Party / Role / Place	Bago Division

Sentence / Legislation	death, commuted to life, commuted to 3 years / 122 (1), 368 (1)

Date of Arrest	July 2003

Prison Held	Insein

Health Concerns

Torture Concern	YES

Profession

(15)

Name / Age	BA MYO THEIN AKA KO MYO / c. 38	He was arrested in 1991 for alleged connections to the CPB, and has served this part of his sentence. He was given a second term of imprisonment with a group of prisoners while in prison in 1996, for taking part in the gathering of information on human rights violations in Insein Prison to transmit to the United Nations. A total of 24 prisoners were given sentences at the beginning of 1996 in connection with their circulation of news within the prison, their preparation of a magazine, and their attempts to report on human rights violations in the prison. While authorities investigated many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number stated that they had been tortured. He is being detained 340 miles from his home, a journey of approximately 10 hours by road.

Political Party / Role / Place	Alleged CPB, DSF / 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

(16)

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

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(17)

Name / Age

BO BO OO / Male, not known

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 floor 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

(18)

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

(19)

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

(20)

Name / Age	HNIN MAY AUNG (MA) (F) / female dob 1975	She was arrested in connection with small demonstrations in Yangon that took place in support of student rights and for the convening of parliament. She was reportedly tortured in detention and was held incommunicado for several months after arrest. She is being held more than five hours away from her home.

Political Party / Role / Place	Thingangyun Yangon

Sentence / Legislation	42 years' imprisonment / 5 j, 17/20/21

Date of Arrest	29/09/98

Prison Held	Myaungmya

Health Concerns	various

Torture Concern

Profession	Student (Physics)

(21)

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

(22)

Name / Age	HTWE MYINT (U) / dob c. 1929		U Htwe Myint, a political veteran, was convicted of collecting and distributing "anti-government seditious pamphlets". He is being held beyond the expiry of his sentence under an administrative detention law, without charge or trial.

Political Party / Role / Place		Democracy Party / Yankin Yangon Division

Sentence / Legislation		Seven years / 1950 EPA, 5 [j], SPA 10a

Date of Arrest		June 1995

Prison Held		Insein Prison, Yangon

Health Concerns		lung disease, Parkinson's disease and other illnesses.

Torture Concern

Profession		Transport Company Manager

(23)

Name / Age	KHAING KAUNG SAN / Male, not known	He was forcibly returned from Thailand to Myanmar. He had been living in Thailand as an asylum-seeker for several years. He was granted official refugee status by the United Nations High Commissioner for Refugees (UNHCR) in 2000. He is reported to be a well known political dissident and human rights activist who worked closely with Arakanese organizations in providing political, socio-cultural and economic support to Arakanese people in Thailand.

Political Party / Role / Place	ALD vice chairman

Sentence / Legislation	10 years / UAA 17 (1)

Date of Arrest	5 December 2000

Prison Held	Thayet Prison Magway Division

Health Concerns	qj

Torture Concern	YES

Profession

(24)

Name / Age		KHAING MYINT (U) / Male, dob 1948	He was arrested in connection with demonstrations in favour of convening parliament, and is believed to have been held in poor conditions and to have had health problems.

Political Party / Role / Place	Bago Division

Sentence / Legislation	7 years' imprisonment / 5j

Date of Arrest	25/08/98

Prison Held	Bago Prison, Bago Division

Health Concerns

Torture Concern

Profession	Hotel Owner

(25)

Name / Age	KHIN KHIN LEH (MA) (F) / f, dob 1966	She was arrested in connection with a demonstration to commemorate the assassination of General Aung San and to support the NLD, the lowering of food prices and revision of civil servants' salaries. Her three year old daughter was arrested at the same time, and was held with her in custody for up to five days.

Political Party / Role / Place	NLD / Bago Division

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

Date of Arrest	July 1999

Prison Held	Insein

Health Concerns	lung disease, rheumatoid arthritis, dysentery

Torture Concern

Profession	Teacher

(26)

Name / Age	KHIN MAUNG KYI (U) / Male, 56 dob 1948	He was arrested for allegedly distributing leaflets in November and December 1998, and accused of carrying out anti-government activities "under the pretext of democracy." He is imprisoned at least 250 miles from his home, a journey of approximately 10 hours by road.

Political Party / Role / Place	NLD Mon State EC member / Mon State

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

Date of Arrest	8 September 1998

Prison Held	Thayet

Health Concerns	gout

Torture Concern	YES

Profession

(27)

Name / Age	KHIN MAUNG SWE AKA YE KYAW / aged c. 62 dob 1942	He was arrested in 1990 under charges of support for the formation of a parallel government, and was released under an amnesty in 1992. He was rearrested and on the basis that authorities alleged he had told diplomats and foreign journalists "fabricated news" and had allegedly given them documents produced by expatriate groups, the terms of his amnesty were revoked, and he was given a further sentence of seven years' imprisonment. He has reportedly had chronic health problems in detention, and has been held for the majority of the time in Myingyan prison c. 400 miles from his family, a journey of at least 12 hours.

Political Party / Role / Place	NLD / MP-elect / Yangon (Sanchaung)

Sentence / Legislation	10 + seven years / 1950 EPA, 5 [e]

Date of Arrest	4 July 1994

Prison Held	Mandalay

Health Concerns

Torture Concern

Profession	Geologist

(28)

Name / Age	KHIN MAUNG WIN / Male, not known	He was arrested for staging a peaceful demonstration outside City Hall in Yangon, with fellow law student Thet Naung Soe. He had reportedly handed out leaflets the previous day, calling on authorities to initiate political dialogue with the NLD

Political Party / Role / Place

Sentence / Legislation	7 years / 1950 EPA, 5 [j]

Date of Arrest	18 August 2002

Prison Held	Insein Prison

Health Concerns

Torture Concern

Profession	Student (Law)

(29)

Name / Age	KHIN ZAW WIN (U) ALIAS KELVIN / dob 30/01/50; m	He was arrested at Yangon airport on his return to Singapore in connection with papers, computer disks and letters which he was carrying with him which allegedly included "anti-government sentiments". He was among a group of prisoners who were penalized in 1996 for allegedly attempting to send information regarding poor prison conditions in Insein to the UN, and for circulating news in the prison. They were placed in military dog cells, forced to sleep on concrete floors with no bedding, and forbidden any visits from their families. He is being held in a prison more than 900 miles from his family, a journey of approximately 24 hours by train.

Political Party / Role / Place	Yangon

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

Date of Arrest	4 July 1994

Prison Held	Myitkyina Prison

Health Concerns	gastric problems, arthritis

Torture Concern	YES

Profession	Overseas Student; Dentist

(30)

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

(31)

Name / Age	KO LWIN AUNG / 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	Insein Prison

Health Concerns

Torture Concern

Profession	Student

(32)