Ten Years On

The last days of Mr. Leo Nichols

by Moe Aye

 

The last days of Mr. Leo Nichols


This appeared in the ABSDF publication 'Tortured Voices: Personal Accounts of Burma's Interrogation Centres' (July 1998)

It was in May 1996 when I saw Mr. Nichols in Insein Prison. I was serving my final year of a seven year prison sentence, and the Burmese military junta was campaigning hard to attract foreign visitors to the country. They had christened it 'Visit Myanmar Year.' Even so, I remember that the military leaders imprisoned many foreigners that year. Most of these foreigners were from China, Singapore, Malaysia and Taiwan and the majority had come to Burma for business reasons. There were also more than 400 Thai fishermen, who were arrested, buy they are frequently detained.

Among the many imprisoned foreigners I encountered. I can recall two with Burmese connections. One of them was Dr. Shum, also known as Yunuk and Saw Yan Naing, who was a Burmese with Malaysian citizenship. He was a businessman, an artist and a songwriter. The other was Mr. Leo Nichols. I didn't know if he was Burmese. All that I knew then was that he was the honorary consul general to Denmark and was said to be very close to Daw Aung San Suu Kyi. Dr. Shum and Mr. Nichols were sent to Insein Special Prison where political prisoners are held. It was a well-known fact in INsein at the time that the Burmese military regime held a grudge against these two, more so than any other prisoners did in Insein.

In an evening in May 1996, when I was outside emptying the chamber pot with other prisoners, we saw a man in yellow sports shirt and a white prison sarong. He was sitting in the back of a truck among rice pots and a blue hood was pulled over his head. The truck was used to carry rice and curry pots from the main Insein Jail to our Special Jail. "A new prisoner," I thought to myself.

Out of sheer curiosity, we hung around for a while to see if we could find out who the new prisoner was. I thought he could be someone I knew
a fellow student perhaps. We saw a warder lead him down from the truck before the rice pots were unloaded. He was then taken into the main jail office. He was tall and white, and was handcuffed behind his back.

Soon after, two warders took him towards the cells of Hall-I where we were housed. By that time the handcuffs had been taken off and the hood removed. The man didn't look Burmese but resembled a white foreigner. He was wearing spectacles and appeared uncomfortable in his prison sarong, which was designed for Burmese prisoners. The sarong barely covered his knees. We saw him untying and retying the sarong while he was walking along as if it was not properly fastened.

When he arrived at his cell we noticed he had a large forehead and thin hair. It was clear that he was both shocked and frightened.

We wanted to say hello to him but hello to him but the two accompanying warders warned us not to. "Don't speak to him now," they said. "The MIS captain is still in the main jail office." Because the warders were friendly with us we followed their advice and instead smiled at the new foreign prisoner. Blank and perplexed, he looked back at us but didn't say a word. Shortly afterwards, we saw warders drag him into Cell-5. However, to our luck the next cell housed an elected representative of the NLD who knew the foreign prisoner. Soon they were speaking in English, a language the warders didn't understand.

Within half an hour, we came to know that his name was Mr. Leo Nichols and that he had just been sentenced to three years imprisonment for helping Daw Aung San Suu Kyi. He was suffering from dysentery and we were soon busy looking for medicines for him. He said he could not eat the prison food, so we collected biscuits and other dry snacks for him from fellow political prisoners. We sent the food to him through a friendly warder and hoped that it might satisfy his hunger for a while.

Mr. Nichols was unlucky. We were between family prison visits and the supplies we had secretly stockpiled were almost gone. We were therefore unable to give him better food. Later we were informed that the rights of political prisoners and o foreign prisoners. He advised Mr. Nichols to talk to the prison authorities to demand his rights. The Member of Parliament also explained to him that the jail hall where he was being housed was for political prisoners and that he should not be disheartened. As soon as Mr. Nichols heard that he was surrounded by political prisoners, he said "Hello" to everyone in English.

The same night he was thrown into prison, MIS officers came and took Mr. Nichols away for further questioning. He was taken after the warders called lights-out. They took him to the Interrogation Cell in the prison. As usual, a hood was pulled over his head. Mr. Nichols head to spend the whole night in the Interrogation Cell while being questioned and abused. We saw warders bring him back to his cell the following evening.

We cheered him up whenever we had the chance to get out of our cells and walk by his cell. Those who could speak English spoke to him as soon as the warder disappeared, and asked him various questions.

I recall some of the things he told us. He said he was detained for helping Daw Aung San Suu Kyi and that he had sent faxes for her. As a result he said he was given three years imprisonment with hard labour. The court that sentenced him conducted a summary trial. He couldn't tell us the name of the court, but he tried to explain to us that it was a special court.

Before he was sentenced he was taken to a MIS Interrogation Centre and questioned for six consecutive days. He said when the MIS came to arrest him they confiscated all his money, which was more than two million kyat. The money had come from the recent sale of some land in Maymyo. We didn't know whether it was his own land or if it belonged to someone else. He told us that he was arrested the day after the land sale.

He wasn't able to tell us exactly where he was sent after his sentencing and before his transfer to our cells. But he did say that he was taken to a hall where there were many prisoners, and that he had to stay there for a few days. He was then transferred to a tiny room and had to stay there a few more days until he was taken to our hall.

The prison authorities confiscated his watch and other clothes upon his arrival at Insein. The pair of trousers he was wearing was taken away because the prison officials said that he could not wear trousers in prison. Instead, gave him the yellow sports shirt he was now wearing.

We asked him whether he was beaten or forced to sit in a poun-san? position upon his arrival. He said he had to sit in this position for a long time although he was not beaten. When he was telling us this, we sensed a feeling of distress in his voice. Judging by what he had said, we concluded that prior to his sentencing he was detained in the section of Insein where prisoners are held before they are taken to court. On the day he was given three years imprisonment, we believe that he was probably transferred either to Hall 6,which was known as the punishment hall, taken to a 'dog kennel' cell or held in one of the detached cells within the interrogation hall. We also concluded that by forcing Mr.Nichols to sit in the poun-san position for long periods, the military junta had shown their extreme hatred of him.

This reminded us of U Win Tin and Saya U Tin Moe, the two most well known political prisoners in Insein at the time. The junta jad made U Win Tin, an NLD Central Executive Committee member, stay in a call with well-known criminals, notorious for their bullying, extortion and physical abuse. As for Saya U Tin Moe, who is widely known for his fiery poems, he was forced to share a cell with criminals in the same hall. However, both of them were allowed to keep a shirt and a sarong, which they each brought from their homes. In the case of Mr. Nichols, he was not even allowed to keep any of his belongings. We therefore all thought that Mr. Nichos was probably the most hated prisoner of the regime.

Mr. Nichols also had diabetes and that made his condition all the worse. As a sufferer of this disease, he was required to be very careful with what he ate. In addition, he needed regular exercise. However, he wasn't given proper food and he was never able to take regular exercise, which he needed to alleviate his suffering.

Mr. Nichols told us that he had to stand u0p for hours during his interrogations and was not allowed to either sit down or walk around in order to diminish his stiffness and pain. According to the friendly warder, the MIS officers and Mr. Nichols exchanged angry words in English during one of the interrogation sessions. He told us that he overheard some MIS officers discussing how to break down Mr. Nichols' morale and said they were talking about the best ways to give him a 'lesson' and 'psychological torture.' We also learned about the ruthless determination of his interrogators. Another warder, who got on well with us, said that MIS Major Soe Nyunt ordered his men to carry our their duties regardless of the consequences after he had read Mr. Nichols' interrogation report. The major said, "Be tough on him on him no matter who he is. I'll take full responsibility if anything happens."

Mr. Nichols confided in us that he was very afraid of the night when he was taken away for questioning. Trembling and pitiful, he recounted what happened during the interrogation sessions. He said he was interrogated countless times before being sent to Insein, and yet it was far from over. "They have continued to question me even now, and I don't know if I can go through this any longer," he said. "I can't take his anymore."

He said he told the MIS everything he did for Daw Aung San Suu Kyi but they had continued to question him repeatedly in the mistaken belief that Mr. Nichols had helped her more than what he had revealed to them.

We suggested to Mr. Nichols that he appeals to Chief Warden U San Ya, who was in-charge of the Special Prison, and to his deputy U Min Wei regarding his declining health. However U San Ya simply told Mr. Nichols that he had no authority to provide any medicine for his dysentery, diabetes and hypertension without the permission of the MIS. He told Mr. Nichols, 'I am afraid the prison cannot arrange any food that is suitable for your diabetes.'

A while later U San Ya warned us, "You must not give any medicine, food or clothes to Mr. Nichols." He said that if the MIS conducted a surprise search and found anything more than what he now had in his cell, all the Special Prison officials would not only lose their jobs but would also stand trial. "And you prisoners who have provided food and medicine will be severely punished," he added.

Another problem that added to Mr. Nichols' misery was defecating. The chamber pot was difficult enough to use, but he also had nothing with which to clean himself afterwards. It was all right for Burmese political prisoners because during our first few days and weeks in prison we used cigar butts to clean ourselves and broken bits from our bamboo sleeping mats. It was, however, a great discomfort and embarrassment for Mr. Nichols.

We gave him bits of clothing torn from old prison uniforms and told him to soak them in the water from the drinking water pot to clean himself. One of the prisoners exchanged his new prison sarong with the old one that Mr. Nichols was wearing, and another prisoner temporarily changed his shirt with Mr. Nichols' yellow sports shirt so that he could wash it for him.

We hid a small piece of soap in one corner of the water enclosure for him. By various means we persuaded the warder, whose duty was to keep an eye on Mr. Nichols was able to spend a little more time having his bath. We also provided him with towels. We pleaded with the warder not to report these activities to the prison officials, and we succeeded because we didn't hear any complaints from the officials' regarding Mr. Nichols. In return, Mr. Nichols would repeatedly thank all the political prisoners who walked past his cell. We took his expression of gratitude as recognition of our help.

While he was in Insein, Mr. Nichols was particularly interested in four political prisoners whom he felt extremely sympathetic towards. They were the Venerable Saya Daw U Nyana, a monk who was forcibly disrobed and sentenced to ten years imprisonment; the youngest political prisoner Han Win Aung who was only 20 years old at the time of his imprisonment; Kyaw Soe Lin (a.k.a. Kyet Oo). When Mr. Nichols heard that Han Win Aung, Kyaw Soe lin and Thein Htun Oo had each been given seven years for their political work, he repeatedly cried out "Oh, my God!" He was deeply concerned at their heavy prison terms and was so sympathetic and upset that he wanted to find out more about them whenever the opportunity availed.

Mr. Nichols promised everyone that when he got out of prison he would tell the world about the suffering of political prisoners in Burma. He was never able to fulfil his promise.

One day we saw him taken away by MIS officers in a truck carrying empty rice pots. As usual, there was a hood over his head. When he failed to return after a few days we began to get very worried. Four days later he finally showed up with the MIS officers. We noticed that his legs were swollen and his face was all puffed up. As soon as the MIS officers left, he told us that he was forced to stand for many hours on end while being questioned, and that he was not allowed to rest. He repeatedly said that he didn't understand why he was being treated his way even after they had sent him to prison. The MIS had repeatedly asked for his opinions on the possible actions of the European Union regarding Burma. They also asked questions concerning Daw Aung San Suu Kyi's personal life.

We spoke to warden U Tin Win, who was in-charge of medical care at the Special Prison, and requested that he provide the necessary care for Mr. Nichols. He explained to us that he couldn't do anything because the MIS was handling Mr. Nichols's case. He asked us to understand the situation. But he advised us to give Mr. Nichols at least four tablets of algae medicine everyday. This had to be done secretly. With this advice, we approached a warder to buy us a bottle of algae tablets and we planned to give Mr. Nichols warder to buy us a bottle of algae tablets and we planned to give Mr. Nichols this medicine twice a day. But he never had the chance to take our medicine.

A few days after his return, the MIS took Mr. Nichols away again with a hood over his head. That was the last time we saw him.

In the short time that he lived in Cell-5 of the Special Prison, he was never able to spend twenty-four hours straight in his cell. He was routinely questioned and transferred from one hall to another. When he was taken out of his cell for the last time, he was suffering from acute dysentery, vomiting and dizziness. He legs were visibly swollen and he couldn't walk properly.

Before he was taken away for the last time, Mr. Nichols said a few farewell words to his cell neighbours as if he was going away for good. He said to the NLD representative, "I'll lie down on the floor if they force me to stand and answer questions this time. I can't take this any more… I think I'll be lucky if I make it back here one more time. If I don't make it back, please tell everyone here for me that I owe them for their kind help."

About a week later we heard the tragic news that Mr. Nichols had died. All that we were told was that he was forced to choose the path from which there was no way back.

Endnotes

1. The poun-san sitting position is used by the authorities for inspection of prisoners, counting prisoner numbers or punishment. The prisoner must sit cross-legged on the floor with his hands on his knees, back straight and head bowed.

2. The poun-san hall is where new prisoners are taken in order to teach them the rules of the prison. It is also used for punishment.


 

 

 

About the Author

Moe Aye was born in Mandalay in 1964 and was a student at the Rangoon Institute of Technology throughout the 1988 pro-democracy uprising. During the uprising he joined the All Burma Federation of Student Union (ABFSU). He later joined the youth wing of the National League for Democracy (NLD), becoming in-charge of information in Botahtaung Township. On the morning of August 9, 1988, the army shot at him while he was demonstrating nears the Shwe Dagon Pagoda in Rangoon.

He was arrested by Military Intelligence on November 7, 1990. Moe Aye was charged under Section 5(j) of the 1050 Emergency Provision Act and was sentenced to seven years imprisonment with hard labour. At the time of his arrest, he was working for the ABFSU and was also carrying out duties for the NLD youth.

While in Insein Special Prison Moe Aye met Mr.James Leander Nichols and learned how the honorary consul to four Scandinavian countries was being questioned and beaten by November 22, 1996, and due to the harsh condition in prison he had to seek intensive medical treatment. Some six months later Moe Aye left for Thailand and is now living there. He is a regular correspondent for Democratic Voice of Burma (DVB), a radio station based in Oslo, and has articles regularly published in The Nation, a daily newspaper in Thailand.