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The Trial Report Translation
Capital Criminal Case 7/96
Rangoon Division Court (Northern District Court)
Criminal Case No.7, 1996
Police Lieutenant U Khin Htay vs.
- Myo Myint Nyein
- Zaw Tun
- Nyunt Zaw
- Soe Htet Khaing
- Aung Kyaw Oo
- Zaw Min
- Phyo Min Thein
- Win Thein
- Aung Myo Tint
- Htay Win Aung
- Yin Htway
- Win Tin
- Hla Than
- Ko Ko Oo (aka Bo Bo)
- Kyi Pe Kyaw (aka Kyaw Gyi)
- Kyaw Min Yu (aka Jimmy)
- Myat Tun
- Tun Win
- Sein Hlaing
- Zaw Myint Aung
- Soe Myint
- Ba Myo Thein
Plaintiff: Maung Maung Hla (District Judicial Officer)
Defendants: The defendants themselves
Charge: Section 5 (E), 1950 Emergency Provision Act
Verdict: (blank)
Date: March 20, 1996.
CHARGES
In the year 1996, Myo Myint Nyein (inmate no. 9570/C) from Insein
Prison and his accomplices secretly wrote and distributed a seditious
magazine in commemoration of the Diamond Jubilee of the founding
of Rangoon University, and another news magazine entitled New Blood
Wave.
A letter written and addressed to the Secretary-General
of the United Nations was also secretly smuggled out of the prison.
The letter, entitled 'The Testimonials Of Prisoners Of Conscience
From Insein Central Prison Who Have Been Unjustly Imprisoned; Demands
And Requests Regarding Human Rights Violations In Burma' is dated
July 1, 1995.
Futhermore, the defendants smuggled radios into the
prison in order to receive news from outside, and distribute it
in the form of news bulletins. They did this knowing that the news
was incorrect with the aim to distribute false information.
Following an investigation, twenty two defendants
including Myo Myint Nyein were charged under Section 5 (E) of the
1950 Emergency Provision Act by Police Lieutenant U Khin Htay from
Insein Police Station.
During the trail ten out of the 15 witnesses were
present and testified against the defendants. U Khin Htay (plaintiff
witness 1) and U Ye Nyunt (plaintiff witness 2) resented to the
court details of each and every part that the 22 defendants played
in the time.
Myo Myint Nyein
Myo Myint Nyein, 35, has been detained
since September 1990 when he was sentenced to seven years imprisonment
by a military court for "organiaing youths and students to create
instability". He is a magazine publisher and worked for the Information
Department of the NLD and for the group 'Thone Yaung Chae' which
provided bodyguards for Daw Aung San Suu Kyi. At his 1990 trail,
officials stated his magazine 'Bar Dwae Phyit Gone Byi Lae' (What
Has Become of Us?) was an "anti-government propaganda publication,
aimed at making people misunderstand the government and defense
forces". Between mid-November 1995 and January 1996 he was held
in a small cell in Insein in which prison dogs are normally kept.
Myo Myint Nyein smuggled Time and Newsweek magazines
into the prison by unlawful means and distributed them for other
prisoners to read. He took responsibility for the layout of the
magazine written in commemoration of the Diamond Jubilee of the
founding of the Rangoon University, which contained seditious literature
against the State. Furthermore, he organized other prisoners to
write seditious pieces. He also persuaded Nyunt Zaw to copy this
seditious literature by hand, providing him with paper and ball-point
pens. At the same time, he persuaded Phyo Min Thain, Nyunt Zaw and
Kyi Pe Kyaw to make a cloth for the magazine and adorn it with illustrations.
When the publication was finished in September 1995, he kept it
in Cell 18, Long Hall 4.
Moreover, in early May of 1995, he read the magazine
New Blood Wave, published in Short Hall 4, in memory of 7th anniversary
of the death of Phone Maw(1). U Khin Htay also alleged that from
June of 1994, Myo Myint Nyein collected news from visitors during
prison visits and distributed this information in a news bulletin
every Sunday.
Kyaw Min Yu (aka Jimmy) asked Nyunt Zaw, who had beautiful
handwriting, to copy the news from the BBC, and DVB, but Myo Myint
Nyein took charge of distributing it in the news bulletin.
In early May of 1995, Myo Myint Nyein, Nyunt Zaw,
Kyi Pe Kyaw, Zaw Min and Phyo Min Thein discussed collecting information
on events within the prison and presenting this information, along
with their demands, to the Secretary-General of the United Nations.
They gathered this information, and in the month of June, 1995,
Win Tin asked Nyunt Zaw to copy it on a Ajinomoto(2) plastic bag,
spreading out the bag in the form of a sheet of paper. After concealing
this paper in the handle of a plastic basket made in prison, it
was given to Phone Myint Tun during visiting time.
Similarly, in March of 1993, Myo Myint Nyein held
discussions with Phyo Min Thein and Kyaw Min Yu (aka Jimmy) about
a conference to be held in Vienna, Austria (UN Human Rights Confrence).
As a result, Phyo Min Thein wrote a paper in English on a short-sleeved
prison shirt and smuggled it out of the prison.
In early 1994, he wrote 'new year greeting for Aung
San Suu Kyi from her colleagues' on a white cloth and asked 107
prisoners to sign their names on it.
Nyunt Zaw
Beginning in the month of June 1995, while serving his term in Cell
7, Hall 4, Nyunt Zaw copied articles and manuscripts in the evening
for the magazine to be published in commemoration of the Diamond
Jubilee of the founding of Rangoon University. He also drew illustrations
of Shwe Dagon Pagoda and the monument erected in memory of the 1920
Student Boycott on pages 2 and 3 of the magazine.
Additionally, Nyunt Zaw drew cartoon illustrations
for an article entitled 'Blood Path: Take It And Walk On It Bravely'
and other cartoons on pages 22 and 23 of the magazine. he also copied
the final draft letter entitled ' The Testimonials Of Prisoners;
Demands And Requests Regarding Human Rights Violations In Burma'
onto the Auinomoto plastic bag. The letter was concealed in the
handle of a plastic basket in Cell 18, Hall 4, where Myo Myint Nyein
and Kyi Pe Kyaw lived.
At the request of Myo Myint Nyein, Nyunt Zaw copied
the final versions of the news for the weekly news bulletin. He
also copied and distributed news from the BBC, VOA etc, which broadcast
false news about Burma.
Zaw Tun
Zaw Tun, a second-year student from the Workers' College, has
been detained since 1991 when he was sentenced to 12 years imprisonment
on charges of having links with the 208th Battalion of the ABSDF.
Between mid-November 1995 and January 1996 he was placed in a
prison dog cell.
Zaw Tun sat on the 'Committee for the publication
of the magazine of the Diamond Jubilee of Rangoon University'. His
duty was to read and screen manuscripts for the magazine. He contributed
an article entitled 'Meeting with Great Leaders', and the poems
'Historic Peacock' and 'Taking A Decision'.
Zaw Min
Zaw Min wrote in the same magazine an artstic piece entitled 'Kow-towing
To Mother', a poem entitled 'Appendix To A Cup Of Light Sweet Tea'
and the short story 'Day Of Hope'.
Zaw Min was a signatory to the human rights letter
written on the Ajinomoto plastic bag and addressed to the United
Nations. He also participated in the writing of a letter acknowledging
'happiness' at the release of Daw Suu Kyi and was a signatory to
this letter.
Phyo Min Thein
Phyo Min Thein is a member of the Democratic Party for New Society
(DPNS) and the All Burma Federation of Students' Union (ABEFU)
After a discussion with Zaw Min, Nyunt Zaw and Soe
Htet Khaing, Phyo Min Thein took responsibility for collecting artcles
from the prisoners in Long Hall 4, Short Hall 4 and Hall 3 for the
Diamond Jubilee magazine. He also took charge of preparing the back
cover of the magazine and sent it to Myo Myint Nyein when it was
finished. Phyo Min Thein translated the lerrer to the Viennal Human
Rights Conference and also sent it to Myo Myint Nyein.
Furthermore, Phyo Min Thein was one of the signatories
to the letter written in English on the prison shirt. Similarly,
at the request of Myo Myint Nyein, he signed his name on the plastic
bag as a part of the letter to the Secretary-General of the United
Nations. He also signed his name to the letter written on another
plastic bag addressed to Daw Aung San Suu Kyi, informing her of
their delight on her release from house arrest.
Soe Htet Khaing
Soe Htet Khing, 32, was a second-year Rangoon University student
when he was detained in October 1989 and sentenced by a military
tribunal to ten years imprisonment, He had reportedly never been
politically active, and is thought to have been arrested on account
of his fother's and brother's reported anti-governement activities
during the 0988 demonstrations. Between mid-November 1995 and
January 1996 he was held in a prison dog cell.
Soe Htet Khaing participated in the discussions on
publishing the magazine to honor the Diamond Jubilee of Rangoon
University. He also proof-read articles and other writings and was
a signatory to the letter for the release of Daw Suu Kyi.
Aung Kyaw Oo
Aung Kyaw Oo, a first-year student from the Workers' College,
was arrested with Zaw Tun in August 1991 and sentenced to 12 years
imprisonment on charges of having links with the 208th Battalion
of the ABSDF.
Aung Kyaw Oo was a member of the 'Committee To Publish
The Diamond Jubilee Magazine'. He wrote the poem ' Together With
Infinite Strength' published in the magazine.
Aung Myo Tint
Aung Myo Tint was placed in a prison dog cell between mid-November
1995 and January 1996 in Insein.
In February 1995, Aung Myo Thit discussed with Htay
Win Aung, Win Thein and Myint Htway the publication of a magazine
in memory of the 7th anniversary of Phone Maw's death. He persuaded
other prisoners to contribute articles, poems and cartoons to it.
He wrote a short story cslled 'Summer Dream: Purple Flower', and
poems entitled ' Coneeption Of A Kant Kaw Flower'(3) and 'Night
Beyond Its Prime'. He rewrote the magazine in his own handwriting.
After discussion with Htay Win Aung, the magazine was named New
Blood Wave. They then sent it to the prisoners of Long Hall 4 and
short Hall 4 to read, after which it was buried in the ground beside
the hall.
Win Thein
Win Thein is a member of the NLD Youth.
Win Thein [participated in discussions concerning
the publication of New Blood Wave. He wrote letters to prisoners
in other cells requesting manuscripts. He also edited and proof-read
them for the magazine.
Win Thein also participated in the prayers and memorial
services held for the anniversaries of [the deaths of] Phone Maw
and Thaw Ka, and provided the participants with coffee and snacks.
He was a signatory to the letter written for the 50th birthday of
Daw Suu Kyi, which called for her freedom. He played an instrumental
role in the naming and the successful publication of the New Blood
Wave magazine. In it, Win Thein wrote poems such as ' Phone Maw:
Intriduction To A New History', ' The Immortal', ' Anger of 13-16
and 'Water Current'. He also drew illustrations for the publication.
Yin Htway
Yin Htway is a member of the Central Executive Committee of the
DPNS and was placed in a prison dog cell between mid-November
1995 and January1996.
Yin Htway took part in the discussions to publish
the New Blood Wave magazine. He wrote an article entitled 'With
Broad Based Politics', a short story called ' Acceleration Of Light'
and the poem ' Errors On The Right', He gave his writings to Aung
Myo Tint.
Hla Than
The late U Hla Than won the seat of Coco Islands in the 1990 election
for the NLD. He was arrested in October 1990 for attending a meeting
to form a provisional government and sentenced to 25 years imprisonment
with hard labor. He was also found to have infringed election
laws and was banned from future electins. Between mid-November
1995 and January 1996 he was held in aprison dog cell and was
not permitted visits by his family. On August 2, 1996 he died
in custody at the age of 52. The death certificate attributed
his death to pulmonary tuberculosis and stated he had tested positive
for HIV. His request to be allowed to die at home was turned down
by prison authorities, reportedly because of his refusal to resign
from the NLD.
Hla Than received from Myo Myint Nyein the pieces
of thin Ajinomoto plastic bag on whicg Win Tin had written a letter
to the United Nations. Hla Than concealed this letter in the handle
of the plastic basket he had made.
Win Tin
U Win Tin, 66, is a prominent journalist and secretary of the
NLD's Excutuve Council. He was arrested in July 1989 and since
then has been sentenced three time to a total of 19 years imprisonment.
He was charged in October 1989 with offering hospitality to a
young girl who had undergone an illegal abortion and was sentenced
to three years imprisonment with hard labor. In 1992 he was sentenced
to a further 11 years under the 1950 Emergency Provisions Act.
In mid-November 1995 he was placed in a prison dog cell and not
allowed family visit, and in January 1996 he was transferred to
solitary confinement. He is reportedly suffering from a heart
condition, acute inflammation of the vertebrae and is in need
of dental treatment having lost several teeth during his imprisonment.
Win Tin wrote a draft paper called 'Ten Principles
Of Unity' with which he organized and agitated the prisoners. He
also wrote another paper under the pen-name of Yae Hlaing (Water
Wave), and contributed an article to the New Blood Wave magazine
entitled ' Students, Youth And Human Rights'.
Win Tin wrote reports on NLD meetings held in prison,
and other articles and papers calling on people to accept the leadership
of Daw Aung San Suu Kyi. He wrote a paper supporting the work of
Daw Aung San Suu Kyi under the title 'To The Lady's Birthday' in
honor of her release (from house arrest).
Likewise, he wrote policy papers calling for the NLD,
DPNS, the Communist Party of Burma (CPB) and others to work co-operatively
in areas of common interest, and to work separately in other areas.
Win Tin also wrote papers calling for the release
of Daw Aung San Suu Kyi, the transfer of power to the Hluttaw(4)
and for the abolition of the National Convention. He also attempted
to smuggle these papers out of the prison.
Ko Ko Oo (aka Bo Bo)
Ko Ko is a member of the NLD Youth and worked in the organization's
national headquarters in Rangoon. He was arrested in April 1991
and was politically active during the high school student movement
in 1988, for which he was detained for one month.
Ko Ko Oo secretly brought in a 'Crown' 8-band radio
to the prison. He listened to the news from the BBC, VOA and DVB,
rewrote the news and distributed it among the prisoners. He also
took part in publishing the weekly news bulletin.
Kyaw Min Yu (aka Jimmy)
Kyaw Min Yu is a member of the Central Executive Committee of
the DPNS and was arrested in late 1989/early 1990 and sentenced
to 20 years imprisonment, which was commuted to ten years in 1993.
Kyaw Min Yu was a DPNS representative in the 'Organization
To Protect The Rights Of Prisoners' within the prison. He was the
one who initiated sending human rights reports to the UN Commission
on Human Rights. He also signed his name on the letter to the UN.
On the Christmas greeting to Daw Aung San Suu Kyi, he wrote alongside
his signature 'I would like to greet you with genuine democracy'.
Similarly, he helped put together the news bulletin for which he
once contributed an article entitled 'False News From Burma'.
Myat Tun
Myat Tun is a member of the NLD Youth and was detained in June/July
1991 and sentenced to eight years imprisonment on charges of establishing
contacts with NLD members in exile.
Myat Tun listened to Ko Ko Oo's radio in order to
collect and reprint news for the news bulletin. He was also involved
in the distribution of this bulletin.
Zaw Myint Maung
Dr. Zaw Myint Maung, 45, won a seat in parliament in the 1990
election for the NLD. He was arrested in February 1991 for allegedly
attending a meeting with the aim to form a provisional government
and was sentenced to 25 years imprisonment. This sentenced was
commuted to ten years in 1993. He was dismissed from parliamentary
membership by the election commission in November 1991 and banned
from running in future elections. Between mid-November 1995 and
January 1996 he was held in a prison dog cell in Insein.
Zaw Myint Maung was a member of the 'Organization
To Protect The Rights Of Prisoners'. He contributed a poem called
'Noble Mother (or) To My Mother' to the Diamond Jubilee magazine
and another poem entitled 'History Of The Fighting Peacock's Ability'
to the New Blood Wave magazine. He is signed his name to the paper
calling for the release of Daw Suu Kyi.
Kyi Pe Kyaw (aka Kyaw Gyi)
Kyi Pe Kyaw is a member of the DPNS.
Kyi Pe Kyaw (aka Kyaw Gyi) crocheted pictured of a
peacock and of Rangoon University on the front cover of the Diamond
Jubilee Magazine. He was also a participant in a meeting organized
to write a paper on the protection of the rights of prisoners. Electirc
wires, a water-heating electrode, a Newsweek magazine, an English
dictionary and ball-point pen refills were seized from his cell.
Ba Myo Thein
Ba Myo Thein, 42, is associated with the Democracy Solidarity
Front and worried as an assistant supervisor in the Myanmar Agriculture
Head Office in Rangoon. He was believed to have been arrested
after September 1990 and was sentenced to seven years imprisonment
under the 1950 Emergency Provision Act. Between mid-November 1995
and January 1996 has was held in a prison dog cell.
Ba Myo Thein signed as a representative of the Da
Nya Ta(5) on the document on the protection of the rights of prisoners
which was to be sent to the United Nations.
Soe Myint
Soe Myint was held in a prison dog cell in Insein between mid-November
1995 and January 1996.
Soe Myint wrote the song 'The Battle Cry' published
in the New Blood Wave magazine.
Sein Hlaing
Sein Hlaing, 41, is a writer and has been detained at Insein since
September 1990. He was a Central Committee member of the All Burma
Federation of Youth Unions and a former leader of the Thone Yaung
Chae group. He was sentenced in a military court with Myo Myint
Nyein to seven years imprisonment under the 1950 Emergency Provision
Act. Between mid-November 1995 and January 1996 he was held in
a prison dog cell.
Sein Hlaing took responsibility for the distribution
of the weekly News Bulletin in Long Hall 4.
Win Tun
Win Tun unlawfully smuggled a 'National' 8-band radio along with
80 batteries into the prison.
These were the charges brought against the a ccused
prisoners by (plaintiff withnesses) U Khin Htay and U Ye Nyunt.
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