November 13, 2001

Denouncing SPDC for arbitrary detention

We, the AAPP, would like to draw attention to the case of Min Ko Naing and 51 other political prisoners who have completed their prison terms but have not been released from prison. We call on the international community to put pressure on the State Peace and Development Council (SPDC) to immediately and unconditionally release these prisoners.

On October 25, 2001, the United Nations Working Group on Arbitrary Detention (WGAD), which was established by resolution 1991/42 of the Commission on Human Rights, decided that the SPDC is arbitrarily detaining Min Ko Naing contrary to the principles of the Universal Declaration of Human Rights (1948) and has directed that the SPDC take the necessary steps to remedy the situation.

Min Ko Naing was convicted under Section 124 Burma Penal Code and 17 (1) Printing Act. His prison term expired in July 1999. He was thereafter detained under the State Protection Law (10. A). According to the WGAD, this detention is illegal. If he were to be put under further detention, it could be done only after releasing him and on fresh evidence of his illegal activities during the period subsequent to his release. A prisoner who is in prison cannot be inflicted with punishment under the State Protection Law, which requires evidence for detention. Under this law, indefinite detention can be extended up until the death of the prisoner. For this reason, a prisoner can be subjected to a life sentence without trial.

On March 23, 1989, Min Ko Naing was arrested when he went back to one of his hiding places after a joint meeting between the All Burma Federation of Student Unions (ABFSU) and the National League for Democracy (NLD). It has now been almost 13 years since Min Ko Naing disappeared from the public. He has spent most of this time in solitary confinement. He has lost all contact with his beloved people.

According to reliable sources, his health situation has deteriorated day by day because of the long time he has spent in solitary confinement in Sittwe prison, which is far from Rangoon, where his family lives.

Min Ko Naing's case is just one example of arbitrary detention. In Burmese prisons, there are 52 political prisoners who have completed their prison terms. This includes Ko Ko Gyi, vice chairperson of ABFSU, and Zaya, a leader of the Democratic Party for New Society.
Therefore we, the AAPP, declare that those political prisoners are being arbitrarily detained.

We emphatically denounce the SPDC for its unjust actions and we strongly urge the international community to help bring an end to the arbitrary detention of political prisoners in Burma.

Assistance Association for Political Prisoners (Burma)