November 26, 2002

On November 21, 2002 the Burmese military junta released 115 political prisoners. This marks the largest mass release of political prisoners in 14 years, and the junta has publicly announced that the release is proof of their genuine efforts towards pursuing national reconciliation. During the fifty-seventh UN General Assembly, Paulo Sergio Pinheiro, Special Rapporteur on the Situation of Human Rights in Burma stated that the immediate and unconditional release of all political prisoners would testify to the sincerity of the State Peace and Development Council (SPDC) about its commitment to political transition. Currently however, it appears that the regime is hoping to convince world leaders and the international community of their sincerity by strategically releasing only a fraction of those imprisoned. To most Burmese, it is patently obvious that releasing these prisoners is merely a calculated move on the part of the junta to divert international pressure while continuing to maintain an iron grip on the country. There is little evidence that the regime seriously intends to commit to reform, and even a casual evaluation of the current situation for political prisoners proves that very little has changed.

In October 2000 the SPDC began talks with Daw Aung San Suu Kyi, Nobel Peace Prize winner and leader of the main opposition party, the National League for Democracy (NLD). Since that time, the SPDC has released a total of 550 political prisoners. Of these however, only 130 to 150 actually obtained early releases. The overwhelming majority of the political prisoners released to date have either been individuals detained without formal charge, or else prisoners who had already finished or almost completed their sentences.

While the international community applauds this recent large-scale release, an estimated 1,400 political prisoners continue to face daily physical and psychological torture, malnutrition, lack of heath care, and the denial of UN mandated basic prisoner rights. While the world's attention is diverted, the death toll of those imprisoned for their nonviolent political activities and beliefs quietly continues to mount. In the past 4 months, 4 political prisoners have died. This brings the known number of political
prisoners who have died in custody since 1988 up to 82. Currently there are many political prisoners who suffer from serious illnesses including cancer, heart disease, kidney problems, and mental disorders, among others. Without urgently needed medical attention they have little hope for recovery.

The SPDC's lack of true commitment for change is further evident in the fact that most of the political prisoners who have been released, including those released last week, have been forced to sign statements pledging to abstain from any future political activities. Those who continue their struggle regardless, can expect harsh penalties. According to the existing legal code, any former political prisoner suspected of resuming political activities can be rearrested and forced to serve a new sentence, which will be added to any time remaining from their previous unfinished sentences.

This law is frequently enforced as the junta attempts to break the spirit of political activists. In 1990, months after being elected as Members of Parliament, NLD members U Khin Maung Swe and U Sein Hla Oo were arrested and each sentenced to 10 years imprisonment. In 1992 they were released under a conditional amnesty. Then in 1994 they were rearrested as a result of their continuing political involvement, and were each given a seven-year sentence. While this sentence ended in 2001, U Khin Maung Swe and U Sein Hla Oo remain behind bars, forced to serve out the time remaining from their previous ten year sentence. In addition, 26 other political prisoners who the regime has classified as 'subversives,' remain imprisoned indefinitely, despite the fact that their sentences were completed years ago. The most famous of these is student leader Min Ko Naing, whose ten year sentence was completed in 1999.

Another tactic employed by the junta to divert attention from political prisoners is to keep them in remote prisons where the international community has little access to them. The situation is especially bad in southern Burma, where in 2002 15 political detainees from Mergue, Tavoy and Kawthaung prisons 'disappeared' after being taken from the prison by military officials and are feared to have been killed.

Ultimately nothing is more revealing as to the true intentions of the regime than the fact that while the regime was engineering these well publicized releases of political prisoners, they were also continuing to arrest other political activists and sentence them to long prison terms. In November of 2002, Thet Naung Soe, a law student received a 14-year-prison sentence for demanding the unconditional release of all political prisoners and the initiation of a meaningful dialog between SPDC and Daw Aung San Suu Kyi. Days later, another law student, Khin Maung Soe was given a 7 years sentence for distributing political literature.

The SPDC has long realized the value of political prisoners as pawns in their attempt to maintain power domestically and to gain international legitimacy. At times when their position is secure they conduct mass arrests. This conveniently provides them with political prisoners to release later as concessions to international pressure or during periods of internal unrest. In the past, whenever the regime has been subject to both high levels of internal and international pressure, they have always allowed some limited conditional releases of political prisoners. This recent release therefore comes as little surprise.

If the SPDC is truly committed to initiating a genuine political process, they must immediately and unconditionally release all political prisoners including members of parliament, and the leaders of all political and ethnic nationality organizations. Only then will it be possible for a true dialog to occur.

Assistance Association for Political Prisoners (Burma)