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23rd March, 2000
The international community
must play a greater role in the establishment of democracy in
Burma if the military junta is to relinquish its power. Since
the break out of the 1988 popular democracy movement, thousands
of people including students, monks, members of the National League
for Democracy, as well as individuals active at the grass roots
level have been arrested, tortured and sentenced to long term
imprisonment for their political beliefs and activities.
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.
The living and social conditions of these political prisoners
are grim and deteriorating daily.
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 atleast
60, 70 or 90 days a year.'
This implies that if a prisoner
is serving a ten year 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 Programmed 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 under article 10(a) he/she can be immediately re-detained.
Student political activists
currently being detained 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.
We AAPP members are deeply
concerned for his health and would like to make a request to all
international governments and organizations to put pressure on
the Burmese military junta for his release.
Name : Ko KO Gyi
Age : 38 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
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 : ?
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 : ?
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 : ?
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
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
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
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 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
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
Although the above student
prisoners 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 would like to request the international community to take
urgent action toward their release.
Assistance Association for Political Prisoners (Burma)
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