As Burma is a member of the United Nations, the military junta, who call themselves the Government, must respect the UN Declaration of Human Rights. Moreover, they must follow the convention against torture and other cruel, inhumane or degrading treatment or punishments adopted by the General Assembly on 10 December 1984. The state parties to this convention have agreed - in regards to article 5 of the Universal Declaration of Human Rights, and article 7 of the International Covenant on Civil and Political rights - that no one shall be subjected to torture, to cruel, inhumane or degrading treatment or punishments.

Previous the General Assembly of the United Nations accused the military regime who holds power in Burma, of condoning, among other things, summary execution, torture, rapes, mass arrests and force labor. The general assembly adopted a resolution without vote Monday evening in New York, the 189 members of the Assembly praised the Burmese junta only for allowing this year, the international Committee of the Red Cross to visit some detainees. The resolution urges the junta to free all the political prisoners and to let the members of the NLD to operate freely as legal opponents.

Nevertheless the junta is still committing arbitrary arrests, forced labor, torture, inhuman treatment and denial of freedom of speech, expression and movement. One of worst things is : even though their prison terms were over, these individuals are being held in various prisons across Burma, suffering as a consequence of their involvement in the Burmese struggle for freedom and democracy.
Under the current conditions of the military junta, political prisoners have been denied the rights entitled to them outlined in the Union of Myanmar Prison Manual. Furthermore, these prisoners are often subjected to extra prohibitive and repressive measures not mentioned in the prison manual. For example, every prisoner has the right to parole.

Chapter 11 article 59[5] of the Union of Myanmar Prison Manual states;

'A prisoner who has acted in accordance with prison regulation has the right to parole at least 60, 70 or 90 days a year.'

This implies that if a prisoner is serving ten years sentence, he/she is only required to serve 6 years and 8 months during that period.

In 1975 the State Protection Act was passed by the Burmese Socialist Program Party (BSPP) in order to protect the state from potentially destructive elements. It is directly controlled by the Ministry of Internal Affairs. Article 10(a) of this act allows for an individual to be detained for up to three years without a trial. This means that political prisoners in detainment are denied the rights given to sentenced prisoners and are therefore often subjected to extraordinarily repressive measures. For example, under article 10(a) a detainee can be denied visiting privileges and may be put into solitary confinement. If the military regime believes a prisoner to be a threat to the state, after that prisoner has served his/her sentence, he/she can be immediately re-detained under article 10(a).

Ever though their prison terms were over, the following student political prisoners are currently being detained under article 10(a) of the state protection act by the Burmese military junta:

Name : Paw Oo Htun
Alias : Min Ko Naing (Conqueror of Kings)
Age : 37
Education : third year university student
Prison term: 15 years imprisonment including hard labor
Current prison : Sittwe prison
Address : Thingangyun township in Rangoon division
Previous law : article 5(j) of the Emergency Provision Act and article 10(a) of the State Protection Act
Current law : article 10(a) of the State Protection Act
Organization : All Burma Federation of Student Unions

In Min KO Naing's rare interview with Asia week magazine in 1988, the student leader stated:

"I'll never die. Physically I might be dead, but many more Min Ko Naings will appear to take my place. As you know, Min Ko Naing can only conquer a bad king. If the ruler is good, we will carry him on our shoulders."

Min KO Naing , a famous student leader, chairman of the All Burma Federation Of Student Unions and John Henfrey Freedom Award winner, was apprehended on March 23, 1989 as he was returning home from a meeting of the National League For Democracy. He was then detained without a trial under article 10(a) of the State Protection Act for over two and half years after which time he was sentenced by martial court under section 5(j) of the Emergency Provision Act to 15 years imprisonment including hard labor.

In May of 1992 the State Law And Order Restoration Council (SLORC) gave amnesty to prisoners reducing all sentences over ten years given before 1992 to ten years. Min Ko Naing has served his prison term yet the military junta continue to detain him under article 10(a) of State Protection Act.

Min KO Naing 's situation in prison

Min Ko Naing has been brutally tortured on numerous occasions. According to one report, during interrogation, he was forced to stand in water for two weeks until finally collapsing. After this period, he lost all feeling in his left foot. He has spent most of his time in prison in solitary confinement and cannot receive visitors including family members.

In February 1994 US congressman Bill Richardson was allowed to visit him at which time Min Ko Naing asked him to tell his colleagues not to give up.

After repeated requests were made, UN special human rights investigator Yozo Yokota also met Min Ko Naing in 1995 but was only able to talk to him briefly through the cell bars. According to Yokota's reports, the inmate was nervous and thin but otherwise in good health.

For a while, he lived in a cell next to U Win Htein, Aung San Suu Kyi's personal assistant. U Win Htein attempted to pass on information to Min Ko Naing, but was caught by the authorities and moved to another cell. When he was released in February 1995, U Win Htein reported that Min Ko Naing's fighting spirit was still strong.

More recent reports have stated that he is suffering from a gastric ulcer. There is also concern that he may have developed mental problems due to the extraordinarily long periods of solitary confinement. His mother is also reported to be have repeatedly suffered stress related illness due to her son's situation.

In May of 1998, as he was being transferred from Insein Prison in Rangoon to Sittwe Prison in Arakan State, he managed to get a message out to other student activists requesting them not to bring food but news and encouraged them to continue the struggle.
Currently no one can know exactly his situation. His family cannot visit him regularly because of the transportation and financial difficulties.

We AAPP members are deeply concerned for his health and would like to make a request to all international governments and student organizations to put pressure on the Burmese military junta for his release.

Name : Ko Ko Gyi
Age : 38
Date of sentence : March 23,1992
Education : final year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 20 years imprisonment including hard labor by martial court in 1992
Organization : All Burma Federation Of Student Unions (vice chairman)
Current prison : Thayet prison
Current Law or Act : article10 (a) of the State Protection Act
Address : Okkalapa (south), township in Rangoon division

Name : Zaw Min
Alias : Arebye
Age : 34
Date of sentence : March 23,1992
Education : final year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 20 years imprisonment including hard labor by martial court in 1992
Organization : All Myanmar Federation of Student Unions (vice-chairman)
Current prison : Thayet prison
Current Law or Act : article 10(a) of the State Protection Act
Address : Rangoon

Name : That Htun
Age : ?
Date of sentence : March 23,1992
Education : final year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 15 years imprisonment including hard labor by martial court in 1992
Organization : Democratic Party for a New Society (Vice Chair)
Current prison : Myingyan prison
Current Law : article 10(a) of the State Protection Act
Address : Rangoon

Name : Myat San
Age : ?
Date of sentence : March 23,1992
Education :
Previous law or Act : section 5(j) of the Emergency Provision Act
Prison term : 20 years imprisonment including hard labor by martial court in 1992
Organization : Tri color organization
Current prison : Taungoo
Current Law or Act : article 10(a) of the State Protection Act
Address : Rangoon

Name : Zaya
Age : ?
Date of sentence : March 23,1992
Education : final year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 15 years imprisonment including hard labor by martial court in 1992
Organization : Democratic Party for a New Society (central executive committee member)
Current prison : Thayawaddy prison
Current Law : article 10(a) of the State Protection Act
Address : Rangoon

Name : Yin Htwe
Alias : Pyang Gyi
Age : 33
Date of sentence : March 23,1992
Education : third year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 10 years imprisonment including hard labor by martial court in 1992
Organization : All Burma Federation of Student Unions
Current prison : Thayawaddy prison
Current Law or Act : article 10(a) of the State Protection Act
Address : Insein township in Rangoon

Name : Thaung Htaik
Alias : Hmon Gyi
Age : 33
Date of sentence : March 23,1992
Education : third year university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 10 years imprisonment including hard labor by martial court in 1992
Organization : Rangoon University Union
Current prison : Thayawaddy prison
Current Law or Act : article 10(a) of the State Protection Act

Name : Khin Maung Yi
Alias : Tin Aye
Age : 36
Date of sentence : March 23,1992
Education : final year university student, majoring in Burmese
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 20 years imprisonment including hard labor by martial court on 13 November 1989
Organization : All Burma Federation Of Student Unions (Central Executive Committee member)
Current prison : Mandalay prison
Current Law or Act : article 10(a) of the State Protection Act
Address : Rangoon

Name : Soe Moe Hlaing
Alias : Mae Gyi
Age : 33
Date of sentence : March 23,1992
Education : university student
Previous law : section 5(j) of the Emergency Provision Act
Prison term : 10 years imprisonment including hard labor by martial court in 1992
Organization : Rangoon University Union
Current prison : Thayawaddy prison
Current law : article 10(a) of the State Protection Act

Zaw Zaw Aung, Bo Bo Han and Maung Hmine were also sentenced to 10years on March 23, 1992 and currently in Taungoo prison.

Although the above prisoners of conscious have completed their prison terms, the military junta still continues to detain them under article 10(a) of the State Protection Act. They are kept in solitary confinement and are not allowed to receive visitors. We, Assistance Association for Political Prisoners-Burma, are concerned about these individuals and demand the junta to release them unconditionally.

Assistance Association for Political Prisoners (Burma)