May 5, 2003

We, the Assistance Association for political prisoners, denounce the
current ruling junta in Burma for its denying the truth and canning way the
release of political prisoners.
Denying the Truth
The State Peace and Development Council always denies there are no
political prisoners in Burma. This is a contradiction with the reality.
Actually, at least 1390 political prisoners still remain in Burmese prisons
within AAPP reach. Moreover according to Mr. Paulo Sergio Pinheiro, Special
Reporter on the situation of human rights in Burma estimated the number of
political prisoners to be between 1200-1300 in his recent report in the
59th session of the Commission on Human Rights.
According to the AAPP's definition of political prisoners, political
prisoner means person who is arrested because of his or her active
involvement in political movements with peaceful or resistance means. With
the law means:
The people who are detained and who commit the following offenses are
recognized as political prisoners:
(a) The Offenses under Unlawful Association Acts 17/1,17/2
(b) Offenses against the State under Section 121 to 130(b) of Penal Code
(c) Offenses against the Public Tranquility under Section 143, 144,
145, 147, 148, 151, 152, 153, and 153(a) of Penal Code
(d) Section 5(j) of 1950 Emergency Provision Act
(e) Offenses under Section 10(a) and (b) of the 1975 Law Against the
Dangers of Those Who Obstruct the State ( 1975 State Protection Act)
There may be some special cases.
Sometimes SPDC uses common criminal acts to activists in order to
humiliate their dignity and not to make them unable to participate in the
long run politic. Those are regarded as political prisoners. For example, U
Shwe Maung, and Ma Win Win Maw,members of National Leagues for Democracy
were charged under the common criminal acts.
Canning way the release of political prisoners
Any transition needs the release of all political prisoners unconditionally
and immediately. AAPP don't see that release of political prisoners will
cause either harm or threaten the existing peace, stability and the unity
of the nation.
SPDC uses the release of political prisoners as a bargaining tool for
easing the international pressure and delaying national reconciliation
process.
On May 4, 2003, SPDC announced that they commuted sentence and released
prisoners. Almost all of them had to sign under section 401 (1) of the
Criminal Procedure Code providing for the suspension of their sentence to
the extant that they agree not to engage in political activities. This is
contrary to human rights standards and to SPDC's statement "Turning on A
New page" dated on 6 May, 2002, while they released Daw Aung San Suu Kyi,
it stated "we shall recommit ourselves to allowing all of our citizens to
participate freely in the life of our political process, while giving
priority to national unity, peace and stability of the country as well as
the region". ,
Among the currently released prisoners were Thet Tun and Zaya leaders of
Democratic Party for a New Society, and Soe Moe Hlaing from former All
Burma Democratic Front. They had in fact already completed their
imprisonment since over two years ago. However, they didn't receive the
unconditional release and neither did Dr. Zaw Min, Htay Thein and U Tin
Myint. This was the same as in the previous cases.
Dr.Salai Tun Than was released because of his hunger strike which was
constantly denied by SPDC. The reasons for his hunger strike were poor
prison condition, lacking of freedom of religion and political prisoners'
right.
Meanwhile, there were some arrests in Burma because of their peaceful
demonstration and asking for the release of all political prisoners and a
genuine dialog between Daw Aung San Suu Kyi and SPDC. One of them is still
in the British embassy compound and others, about 20, are currently under
the investigation since February 2003.
In fact, above mentions are not the right series of efforts by the SPDC as
of their 4th May statement to move Burma closer to multiparty democracy and
national reconciliation. Therefore, AAPP calls for the release of all
political prisoners being held unjustly by the SPDC, believing that the
release of political prisoners is a key component by which the seriousness
of the process of political transition and national reconciliation in Burma
will be measured.

AAPP