MYANMAR Appeal Cases
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1 amnesty international MYANMAR Appeal Cases September 1996 AI Index: ASA 16/37/96 Distr: SC/CO INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WC1X 8DJ, UNITED KINGDOM MYANMAR SAN SAN NWE: JOURNALIST AND WRITER SENTENCED TO 7 YEARS IMPRISONMENT (NLD), Myanmar’s foremost opposition party founded by Daw Aung San Suu Kyi in 1988. Her writing has been banned in Myanmar since the beginning of the 1988 democracy movement. All publications are heavily censored there, and the government controls most of the media. However, one of her banned short stories was featured in a book entitled “Inked Over, Ripped Out, Burmese Storytellers and the Censors”, which was published by the PEN American Center in 1993. In March 1993 Daw San San Nwe made this Daw San San Nwe, a 51-year-old journalist and comment about her role as a writer: well-known writer, was arrested on 4 or 5 August 1994 in Yangon. A widow with four children, she “I believe that it is not the duty of a writer to take was arrested with her daughter Ma Myat Mo Mo part personally in political battles; it is my Tun and two other political leaders. According conviction that a writer discharges his or her duty to the State Law and Order Restoration Council simply by observing and putting on record the (SLORC, Myanmar’s military government), the rights and wrongs, the justices and injustices that four were detained for passing on information to result from these battles.” foreign journalists and diplomats “against or critical of the government in order to make Once democracy was established in Myanmar, foreign governments misunderstand the Daw San San Nwe had planned to resign from government.” They were also accused of sending the NLD in order to take an independent stand information to the United Nations Special as a writer. However, because of a lack of Rapporteur for human rights on Myanmar. progress towards democracy, she felt that she must continue to work on behalf of the party. Daw San San Nwe was sentenced on 6 October 1994 to seven years’ imprisonment under She was born on 28 August 1945 in the town of Section 5(e) of the 1950 Emergency Provisions Tha-ya-wadi, about 50 miles north of Yangon, Act (for spreading false information) and three and took Tha-ya-wadi as her pen name. She years under Section 17(1) of the Unlawful began her career at 13 when she wrote poems Associations Act (membership or contact with and stories for The Children’s Journal. She also illegal organizations). However Amnesty wrote for newspapers when she was a teenager, International believes that she is a prisoner of and later married another journalist in 1966 and conscience, imprisoned solely for exercising her moved to Yangon. Her first novel was written in rights to freedom of expression and assembly. 1974, but it was her third novel Prison of Daw San San Nwe had been arrested previously Darkness, critical of the ruling party’s policies, in July 1989 during a nationwide crackdown by which created interest among the general public the military of the political opposition. She is a and politicians. member of the National League for Democracy Amnesty International September 1996 AI Index: ASA 16/37/96 Please call for the immediate and unconditional release of Daw San San Nwe, and all other prisoners of conscience in Myanmar. Write to: General Than Shwe Lt General Khin Nyunt Chairman Secretary 1 State. Law and Order Restoration Council State Law and Order Restoration Council c/o Ministry of Defence c/o Ministry of Defence Signal Pagoda Road Signal Pagoda Road Yangon Yangon Union of Myanmar Union of Myanmar •Send copies of some of your letters to the Myanmar Embassy in your country, or, if there is no Embassy, to: His Excellency Ohn Gyaw Minister of Foreign Affairs Ministry of Foreign Affairs Yangon Union of Myanmar Amnesty International September 1996 AI Index: ASA 16/37/96 MYANMAR WIN TIN: JOURNALIST SERVING A 19 YEAR PRISON SENTENCE SLORC to sentence political detainees to long terms of imprisonment. Amnesty International believes that Win Tin is a prisoner of conscience, imprisoned solely for peacefully exercising his rights to freedom of expression and assembly. A former newspaper editor, Win Tin was Vice Chairman of the Writers’ Association for a brief time in 1988 when it was possible to form independent associations. He was also active in forming trade union newspapers. Win Tin, a 66-year-old prominent journalist, Win Tin received a Bachelor of Arts degree in was arrested on 4 July 1989 during a English literature, Modern History, and nationwide crackdown on the opposition by Political Science from Yangon University in the ruling military authorities, the State Law 1953. He was also a consultant with the and Order Restoration Council (SLORC). He Djambartan publishing company of the was originally accused of influencing and Netherlands from 1954 to 1957, and has guiding Daw Aung San Suu Kyi when the travelled widely in Western Europe and Asia. National League for Democracy (NLD), Myanmar’s largest opposition party, was Win Tin has been in poor health for several founded by her and others in 1988. He was years; he suffers from spondylitis, an also accused of being a leftist politician who inflammation of the vertebrae. He has also urged the NLD to adopt a civil disobedience lost several teeth and requires dental campaign against martial law in 1989. Win treatment. Win Tin is dependent on his family Tin was believed to have cited the works of for medicine and meat, which he needs for his the philosopher Henry David Thoreau and the medical condition. example of Mahatma Gandhi. He was an original Central Executive Committee member In mid November 1995 he and a group of of the NLD, and a close associate of Daw other NLD political prisoners were placed in Aung San Suu Kyi. military dog cells, small prison cells normally used for dogs. They were also made to sleep He was initially charged with a criminal on cold concrete floors and could not receive offence and sentenced to three years’ hard visits from their families. Prisoners’ families labour in October 1989. In light of the normally give them food and medicine to SLORC’s allegations that he was guilty of supplement the inadequate prison provisions. political offences, Amnesty International Prison officials were evidently punishing the believes that the criminal charges were used as group for allegedly having passed on a letter a pretext to imprison him. In June 1992 - just a describing poor prison conditions to the UN few months before completing this prison Special Rapporteur for Human Rights in sentence - he was sentenced to an additional Myanmar. In early January they were moved 11 years under the 1950 Emergency from the police dog cells to larger solitary Provisions Act, which is widely used by the confinement cells. All of them were brought to Amnesty International September 1996 AI Index: ASA 16/37/96 trial in the prison without being allowed any legal representation. On 28 March 1996 U Win Tin and 20 others were sentenced under Section 5j of the 1950 Emergency Provisions Act and under a Section of the Myanmar Penal Code relating to misappropriation of state property. It is not known why these charges were brought against them. U Win Tin received an additional five year prison term. Amnesty International believes that U Win Tin and the others were sentenced solely for exercising their rights to “contact with the outside world” as provided for in Articles 37 and 39 of the UN Standard Minimum Rules for the Treatment of Prisoners. Amnesty International remains gravely concerned for the health of U Win Tin. •Please call for the immediate and unconditional release of U Win Tin. At the same time express concern for his health and urge that he be provided with all the medical care that he needs, and that he be detained under conditions conforming to minimum international standards. Write to: General Than Shwe Lt General Khin Nyunt Chairman Secretary 1 State Law and Order Restoration Council State Law and Order Restoration Council c/o Ministry of Defence c/o Ministry of Defence Signal Pagoda Road Signal Pagoda Road Yangon Yangon Union of Myanmar Union of Myanmar •Send copies of some of your letters to the Myanmar Embassy in your country, or to: His Excellency Ohn Gyaw Minister of Foreign Affairs Ministry of Foreign Affairs Yangon Union of Myanmar Amnesty International September 1996 AI Index: ASA 16/37/96 MYANMAR MA THIDA: SURGEON AND WRITER SENTENCED TO 20 YEARS IMPRISONMENT the SLORC has refused to accept the result and remains in power today. Dr Ma Thida and the others arrested with her were held incommunicado before being brought to trial. The first attempt to start the trial had to be postponed because large crowds gathered at the courtroom. The trial finally began on 27 September. Dr Ma Thida and the 10 other defendants were charged with endangering public tranquillity under Section 5j of the 1950 Emergency Provisions Act, having contact with unlawful associations under Section 17(1) of the 1908 Unlawful Dr Ma Thida, a surgeon and well-known writer, Associations Act, and distributing unlawful was arrested in July 1993 together with a literature under Sections 17 and 20 of the 1962 number of other members of the National Printers and Publishers Registration Act. League for Democracy (NLD). Prominent Amnesty International believes that the amongst Myanmar’s political opposition, she vaguely-worded provisions of these laws have had earlier been a campaign assistant for Daw been used to sentence Dr Ma Thida and the Aung San Suu Kyi, one of the leaders of the others to long terms of imprisonment solely for NLD.