| Beief Biography of Mr. Nichols
Jame Leander Nichols was born in Australia in 1931. A long-time
resident of Burma, he operated a shipping company from 1945 until
1862, the year when private firms were nationalsed, and was the
god father and close friend of Nobel peace prize laureate Daw Aung
San Suu Kyi.
Leo Nichlos was appointed the Norwegian Honrary Consul to Burma
in 1969, and in 1978 he was appointed consul for Denmark. In 1993,
the State Law and Order Restoration Council (SLORC) withdrew permission
for him to serve as a consul, and he subsequently continued to act
as a de facto honorary consul for Norway, Denmark, Finland and switzerland.
He was arrested on April 5, 1996 and charged with operating a fax
machine and phone lines without official permission. It is widely
understood he was arrested for his association with Daw Aung San
Suu Kyi. On may 20, 1996, he was sentenced to three years jail and
fined US$5,000. A month later on june 22 he died in prison while
waiting for an appeal.
The SLORC initially claimed Mr. Nichols died of a stroke in Rangoon
General Hospital, While Foreign Minister Ohn Gyaw later Said he
died from eating food 'he should not have taken' . Leo Nichols was
hastily buried in a cemetery in Rangoon the day after his death.
No autopsy was conduted and due to the haste of the buril none of
his family were able to be present at the funeral.
Leo Nichols is survived by his wife, Felicity Nichols, and five
children.
It was in May 1996 when I saw Mr. Nichols in Insein Prison. I was
serving my final year of a seven year priaon sentence, and the Burmese
military junta was campaigning hard to attract foreign visitor to
the country. They had christened it 'Visit Myanmar Year'. Even so,
I remember that the military leaders imprisoned many foreigners
that year. Most of these foreigners were from China, Singapore,
Malaysia and Taiwan and the majority had come to Burma for business
reasons. There were also more than 400 Thai fishermen who were arrested,
but they are frequently detained.
Among the many imprisoned foreigners I encountered, I can recall
with Burmese connections. One of them was Dr. Shum, also known as
Yunuk and Saw Yan Naing, who was a Burmese with Malaysian ditizenship.
He was a businessmen, an artist and a songwriter. The other was
Mr. Leo Nichols. I didn't know if he was Burmese. All that I know
then that he was the honorary counsul general to Denmark and was
said to be very close to Daw Aung San Suu Kyi. Dr. Shum and Mr.
Nichols were sent to Insein Specisl Prison where political prisoners
are held. It was a will-known fact in Insein at the time that the
Burmese military regime held a grudge against those two, more so
then any other prisoners in Insein.
In an evening in May 1996, when I was outside emptying the chamber
pot with other prisoners, we saw a man in a yellow sports shirt
and white prison sarong. He was sitting in the back of a truck among
rice pots and a blur hood was pulled over his head. The truck was
used to carry rice and curry pots from the main Insein jail to our
special Jail. 'A new prisoner', I thought to myself.
Our of sheer curiosity, we hang around for a while to see if we
could find out who the new prisoner was. I thought he could be someone
I know, a fellow student perhaps. We saw a warder lead him down
from the truck before the rice pots were unloaded. He was then taken
into the main jail office. He was tall and white, and was handcuffed
behind his back.
Soon after, two warder took him towards the cell of Hall-1 where
we were house. By that time the handcuffs had been taken off and
the hood removed. The man didn't look Burmese but resembled a white
foreigner. He was wearing spectacles and appeared uncomfortable
in his prison sarong, which was designed for Burmese prisoners.
The sarong barely covered his knees. We saw him untying and retying
the sarong while he was walking along as if it was not properly
fastened.
When he arrived at his cell we noticed he had a large forehead and
thin hair. It was clear that he was both shocked and frightened.
We wanted to say hello to him but the accompanying warders warned
us not to. 'Don't speak to him now,' they said. 'The MIS captain
is still in the main jail office.' Because the warders were friendly
with us we follow their advice and instead smiled at the new foreign
prisoner. Blank and perplexed, he looked back at us but didn't say
a word. shortly after words, we saw warders drag him into cell-5.
However , to our luck the next cell housed an elected representative
of the National League for Democracy (NLD) who knew the foreign
prisoner. Soon they were speaking in English, a language the warders
didn't understand.
Within half an hour, we came to know that his name was Mr. Leo Nichols
and that he had just been sentenced to three years imprisonment
for helping Daw Aung San Suu Kyi. He was suffering from dysentery
and we were soon busy looking for medicines for him. He said he
could not eat the prison food, so we collected biscuit and other
dry snacks for him from fellow political prisoners. We sent the
food to him through a friendly warder and hoped that it might satisfy
his hunger for a while.
Mr. Nichols was unlucky. We were between family prison visits and
the supplies we had secretly stockpiled were almost gone. We were
therefore unable to give him better food. Later we were informed
that the NLD parliamentarian explained to Mr. Nichols in English
about the right of political prisoners and of foreign prisoners.
He advised Mr. Nichols to talk to the prison authorities to demand
his rights. The member of parliament also explained to him that
the jail hall where he was being housed was for political prisoners
and that he should not be disheartened. As soon as Mr. Nichols heard
that he was surrounded by political prisoners, he said 'hello' to
everyone in English.
The same night he was thrown into prison, MIS officers came and
took Mr. Nichols away further questioning. He was taken after the
warders called light-out. They took him to the Interrogation cell
in the prison. As usual, a hood was pulled over his head. Mr. Nichols
had spend the whole night in the Interrogation Cell while being
questioned and abused. We saw warders bring him back to his cell
the follwing evening.
We cheered him up whenever we had the chance to get out of our cells
and walk by his cell. Those who could speak English spoke to him
as soon as the warder disappeared, and asked him various questions.
I recall some of the things he told us. He said he was detain for
helping Daw Aung San Suu Kyi and that he has sent faxes for her.
As a result he said was given three years imprisonment with hard
labour. The court that sentenced him conducted a summary trail.
He couldn't tell us the name of the court, but he tried to explain
to us that it was a special court.
Before he was sentenced he was taken to an MIS Interrogation Centre
and questioned for six consecutive days. He said when the MIS came
to arrest him they confiscated all his money, which was more than
two million Kyat. The money had come from the recent sale of some
land in Maymyo. We didn't know whether ti was his own land or if
it belonged to someone else. He told us that he was arrested the
day after the land sale.
He wasn't able to tell us exactly where he was sent after his sentencing
and before his transfer to our cells. But he did say that he was
taken to a hall where there were many prisoners, and that he had
to stay there for a few days. He was then transferred to a tiny
room and had to stay there a few more days until he was taken to
our hall.
The prison authorities confiscated his watch and other upon his
arrival at Insein. The pair of trousers he was wearing was taken
away because the prison officeial said he could not wear trouaers
in prison. Instead, he was issued a white prison sarong and a white
shirt. He said that a prisoner gave him the yellow sports shirt
he was now wearing.
We asked him whether he was beaten or forced to sit in a 'PounSan'
position upon his arrival. He said he had to sit in this position
for a long time slthough he was not beaten. When he was telling
us this, we wensed a felling of destress in his voice. Judging by
what he had said, we concluded that prior to his sentencing he was
detained in the section of Insein where prisoners are held before
they are taken to court. On the day he was given three years imprisonment,
we belive that he was probably transferred either to Hall-6, which
was known as the punishment hall, taken to a 'dog kennel' cell or
held in one of the detached cells within the interrogation hall.
We also concluded that by forcing Mr. Nichols to sit in the 'Poun-San'
position for long periods, the military junta had shown their extreme
hatred of him.
This reminded us of U Win Tin and Saya U Tin Moe, the two most well
known political prisoners in Insein at the time. The junta had made
U Win Tin, an NLD Central Executive Committee member, stay in a
cell with well-known criminals, notorious for their bullying, extortion
and physical abuse. As for Saya U Tin Moe, who is widely known for
his fiery poems, he was forced to go through Hall-5, the 'PounSan'
hall, upon arrival. Later he was forced to share a cell with criminals
in the same hall. However, both of them were allowed to keep a shirt
and a sarong which they each brought from their homes. In the case
of Mr. Nichols, he was not even allowed to keep any of his belongings.
We therefore all thought that Mr. Nichols was probably the most
hated prisoner of the regime.
Mr. Nichols also had diabetes and that made his condition all the
worse. As a sufferer of this disease, he was required to be very
careful with what he ate. In additon, he needed regular exercise.
However, he wasn't given proper food and he was never able to take
However, he wasn't given proper food and he was never able to take
regular exercise which he needed to alleviate his suffering.
Mr. Nichols told us that he had to stand up for hours during his
interrogations and was not allowed to either sit down or walk around
in order to diminish his stiffness and pain. According to the friendly
warder, the MIS officers and Mr. Nichols exchanged angry words in
English during one of the interrogation sessions. He told us that
he overhead some MIS officers discussing how to break down Mr. Nichols
morale and said they were talking about the best ways to give him
a 'lesson' and 'psychological torture'. We also learned about the
ruthless determination of his interrogators. Another warder, who
got on well with us, said that MIS Major Soe Nyunt ordered his men
to carry our their duties regardless of the consequences after he
had read Mr. Nichols Interrogation report. The Major said, 'be tough
on him no matter who he is. I'll take full responsibility if anything
happens.'
Mr. Nichols confiled in us that he was very afrid of the night when
he was taken away for questioning. Trembling and pitiful, he recounted
what happened during the interrogation sessions. He said he was
interrogated countless times before being sent to Insein, and yet
it was far from over. 'They have continued to question me even now,
and I don't know if I can go through this any longer,' he said.
'I can't take this anymore.'
He said he told the MIS everything he did for Daw Aung San Suu Kyi
but they had continued to question him repeatedly in the mistaken
belief that Mr. Nichols had helped her more than what he had revealed
to them.
We suggested to Mr. Nichols that he appeal to Chief Warden U San
Ua, Who was in-charge of the Special Prison, and to his deputy U
Min Wai regarding his declining health. However U San Ya simply
told Mr. Nichols that he had no authority to provide any medicine
for his dysentery, diabetes and hypertension without the permission
of the MIS. He told Mr. Nichols,'I am afraid the prison cannot arrange
any food that is suitable for your diabetes.'
A while later U San Ua warned us, 'You must not give any medicine,
food or cloths to Mr. Nichols.' He said that if the MIS conducted
a surprise search and found anything more than what he now had in
his cell, all the Special Prison officials would not only lose their
job but would also stand trial. 'And you prisoners who have provided
food and medicine will be severely punished,' he added.
Another problem that added to Mr. Nichols' misery was defecating.
The chamber pot was difficult enough to use, but he also had nothing
with which to clean himself afterwards. It was alright for Burmese
political prisoners because during our first few days and weeks
in prison we used cigar butts to clean ourselves and broken bits
from our bamboo sleeping mats. It was, However, a great discomfort
and embarrassment for Mr. Nichols.
We give him bits of clothing torn from lod prison uniforms and told
him to soak thim in the water from the drinking water pot to clean
himself. One of the prisoners exchanged his new prison sarong with
the old one that Mr. Nichols was wearing, and another prisoner temporaily
changed his shirt with Mr. Nichols yellow sport shirt so that he
could wash it for him.
We hid a small piece of soap in one corner of the water enclosure
for him. By various means we persuaded the warder, whose duty was
to keep an eye on Mr. Nichols, to turn a blind eye while he was
bathing. Because of that Mr. Nichols was able to spend a little
more time having his bath. We also provided him with towels. We
pleased with the warder not to report these activities to the prison
officials, and we succeeded because we didn't hear any complaints
from the officials regarding Mr.Nichols. In return, Mr. Nichols
would repetedly thank all the political prisoners who walked past
cell. We took his expression of gratitude as recognition of our
help.
While he was in Insein, Mr Nichols was particularly interested in
four political prisoners whom he felt extremely sympathetic towards.
The were the Venerable Saya Daw U Nyana, a monk who was forcibly
disrobed and sentenced to ten years imprisonment; the youngest political
prisoner Han Win Aung who was only 20 years lod at the time of his
imprisonment; Kyaw Woe Lin (a.k.a. Pyaung Lay) who had been in prison
for the second time; and Thein Tun Oo (a.k.a. KyatOo). When Mr.
Nichols heard that Han Win Aung, Kyaw Soe Lin and Thein Tun Oo had
each been given seven years for their political work, he repeatedly
cried out 'Oh, my God! He was deeply concerned at their heavy prison
terms and was so sympathetic and upset that he wanted to find out
more about them whenever the opportunity availed itself.
Mr. Nichols promised everyone that when he got out of prison he
would tell the world about the suffering of political prisoners
in Burma. He was never able to fulfil his promise.
One day we saw him taken away by MIS officers in a truck carrying
empty rice pots. Sa usual, there was a hood over his head. When
he failed to return after a few days we began to get very worried.
Four days later he finally showed up with the MIS officers. We noticed
that his legs were swollen and his face was all puffed up. As soon
as the MIS officers left, he told us that he was forced to stand
for many hours on end while being questioned, and that he was not
allow to rest. He repeatedly said that he didn't understand why
he was being treated this way even after they had sent him to prison.
The MIS had repeatedly asked for his opinions on the possible actions
of the European Union regarding Burma. They also asked questions
concerning Daw Aung San Suu Kyi's personal life.
We spoke to warder U Tin Win, who was in-charge of medical care
at the Special Prison, and requested that he provided the becessary
care for Mr. Nichols. He explained to us that he couldn't do anything
because the MIS was handling Mr. Nichols case. He asked us to understand
the situation. But he advised us to give Mr. Nichols at least four
tablets lf algae medicine everyday. This had to be done of algae
tablets and we planned to give Mr. Nichols this medicine twice a
day. But he never had the chance to take our medicine.
A few days after his return, the MIS took Mr. Nichols away again
with a hood over his head. That was the last time we saw him.
In the short time that he lived in Cell- 5 of the Special Prison,
he was never able to spend twenty-four hours stright in his cell.
He was routinely questioned and transferred from one hall to another.
When he was taken out of his cell for the last time, he was suffering
from acute dysentery, vomiting and dizziness. His legs were visibly
swollen and he couldn't walk properly.
Before he was taken away for the last time, Mr. Nichols said a few
farewell word to his cell neighbours as if he was going away for
good. He said to the NLD representative, 'I'll lie down on the floor
if they forced me to stand and answer questions this time. I can't
take this any more....I think I'll be lucky if I make it back here
one more time. If I don't make it back, please tell everyone here
for me that I owe them for their kind help.'
About a week later we hear the tragic news that Mr. Nichols had
died. All that we were told was that he was forced to choose the
path in which there was no way back.
Endnotes
1 . The poun-san sitting position
is used by the authorities for inspectin of prisoner. Conuting prisoner
number or for punishment. The prisoner must sit cross-legged on
the floor with his hand on his knees, back stright and head bowed.
2 . The poun-san hall is where new prisoners are taken in order
to teach them the rules of the prison. It is also used for punishment.
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