Myanmar Myanmar’s Political Prisoners: A Growing Legacy of Injustice

Introduction Amnesty International is concerned that prisoners of conscience continue to be arrested and imprisoned in Myanmar solely on account of their peaceful exercise of the rights to freedom of expression, association and assembly. They are a human legacy of authorities’ long- standing misuse of the justice system as a tool of political repression, and a means to restrict rather than protect the peaceful exercise of basic human rights. The State Peace and Development Council continues to abuse the justice system, impede the rule of law and the enjoyment of basic political freedoms in the country, and human rights in Myanmar generally. A list of prisoners of conscience and possible prisoners of conscience follows this introduction. This report updates earlier reports listing prisoners of concern to Amnesty International in December 20041 and April 20012, and reiterates the organization’s long-standing concerns on the administration of justice3 in the country, and the treatment of more than 1,350 political prisoners who have been sentenced for political offences. Amnesty International is also concerned that arrests and harassment of members and activists of registered political parties are increasing the numbers of people wrongfully deprived their liberty, solely on the basis of their peaceful political activities. Authorities are reported to have threatened individuals in 2005 that should they engage in politics they may face long terms of imprisonment. The SPDC has failed to release prominent political prisoners, including Daw Aung San Suu Kyi, General Secretary of the National League for Democracy and U Tin Oo, vice Chairman of the National League for Democracy. They have been detained without charge or trial since they and other NLD members were subjected to a violent government-sponsored attack on 30 May 20034. They, like many of the other prisoners of conscience currently imprisoned, have been in and out of detention or prison for political reasons since 1989. Daw Aung San Suu Kyi, who turns 60 on 19 June 2005, will have spent

1 Myanmar, Facing Imprisonment: Prisoners of Concern to Amnesty International, ASA 16/07/2004, December 2004, http://web.amnesty.org/library/Index/ENGASA160072004?open&of=ENG-MMR 2 Myanmar: Prisoners of Political Repression, ASA 16/006/2001, April 2001, http://web.amnesty.org/library/Index/ENGASA160062001?open&of=ENG-MMR 3 Please see Myanmar, Justice on Trial, ASA 16/7/2003, July 2003, Myanmar: Grave Concerns with the Administration of Justice, ASA 16/01/2004, accessible on http://web.amnesty.org/library/eng-mmr/index&start=1 4 In what is widely acknowledged to have been a government organized attack, NLD members travelling at night in upper Myanmar were beaten by men with iron rods and sticks on 30 May 2003. At least four people died, and more than a hundred of those attacked, including individuals who sustained serious injuries, were detained and held incommunicado for months. Villagers who were reported to have assisted some members to escape and avoid detention were sentenced to prison terms, as were individuals who attempted to circulate information about the incident afterwards. There has been no independent investigation into the attack.

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60 % of her time since 1989 under house arrest or in other forms of detention without charge or trial. Amnesty International renews longstanding calls by Myanmar citizens, other governments and the United Nations on the State Peace and Development Council (SPDC) to immediately and unconditionally release all prisoners of conscience. The organization is also calling on authorities to take non-reversible steps to provide for the long term protection of the justice system against future abuse by putting an end to illegal practises such as torture and cruel, inhuman and degrading treatment or punishment; incommunicado detention; the use of laws which excessively restrict the peaceful exercise of rights; secret trials and administrative detention. Myanmar’s political prisoners have been held hostage by the SPDC, thus perpetuating the political deadlock that has existed in the country since at least 1988. Many are elderly, and many have chronic mental and physical health problems that have been created or exacerbated by their treatment in prison, in contravention of international law and standards. Many have been imprisoned or repeatedly arrested for over a decade. The continued use of detention to remove senior political leaders from the political process, and those petitioning for their release, is presenting a significant obstacle to resolving the political deadlock in the country. Background Bitter and protracted political struggle continues in Myanmar, as the SPDC attempts to grapple with fundamental problems there, including ongoing economic stagnation; the ethnic nationalities’ desire for greater autonomy; and controversy over the future role of legitimate political parties. 2004 saw the dismissal of General Khin Nyunt as Prime Minister, a subsequent major cabinet reshuffle, and a reconvened National Convention, established to write constitutional principles. 2005 brought new problems for the government, including a bombing in Mandalay in March, killing at least two people, and major bomb explosions in Yangon on 7 May, killing an unknown number of civilians. The SPDC has accused three members of the Karen ethnic nationality of detonating the bombs amid widespread speculation about which organization was responsible for the bombing. Political arrests and trials continue during 2005. At least ten politicians from the Shan ethnic nationality were arrested in February 2005, and members of the National League for Democracy have been sentenced to prison terms. One Shan ceasefire group resumed armed struggle and there is still no ceasefire agreement between the Karen National Union (KNU, a Karen armed group who have been fighting for autonomy for over 50 years) and the SPDC. The National Convention, which convened in February and adjourned at the end of March, is due to reconvene in November. It is still unclear how much autonomy the many ethnic nationalities participating in the Convention will receive from the government. Amnesty International has repeatedly expressed its concerns at the lack of due process in political trials in Myanmar and at the abuse of the justice system to silence peaceful political dissent. Prisoners are routinely arrested without warrant; held incommunicado and tortured or

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ill-treated in pre-trial detention. Sentences have been handed down in trials which fall far short of international fair trial standards, and at which the right to legal counsel or to legal counsel of one’s own choice has been denied. Authorities have used confessions in trials extracted as a result of torture. Prison conditions continue to be poor, and prisoners are being denied adequate diet and necessary medical treatment. The authorities have justified the imprisonment of hundreds of students, politicians, doctors, lawyers, housewives, farmers and others on the basis that they were seeking to cause “unrest”, and they sentenced them under security legislation. Such arrests have been made possible by vaguely worded security laws, which allow an excessively wide interpretation by the authorities of what constitutes a threat to security, and legislation which criminalizes the circulation of any written information – whether or not it is published – without the permission of the official censor. Amnesty International is concerned that the 1962 Printers and Publishers Registration Act; the Unlawful Associations Act, the 1950 Emergency Provisions Act and the 1975 State Protection Law, which have been used to imprison many political prisoners, subject rights and freedoms to far greater restrictions than are necessary to meet requirements of national security, public order or morality. Individuals have been penalized for peaceful symbolic acts of public political dissent, such as holding one-man demonstrations calling for the release of political prisoners, including Daw Aung San Suu Kyi, or complaining about arbitrary measures carried out by local or central government authorities. People have also been penalized for calling for political dialogue, or trying to disseminate information with political opinions differing from the SPDC, such as criticisms of their proposals for political dialogue. Monks who reportedly refused alms from government officials have also been given lengthy prison sentences, and students have been penalized for attempting to create student unions. Basic principles of international law and standards on freedom of expression and opinion enshrined in Article 19 of the Universal Declaration of Human Rights, include “freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Article 19(3) of the International Covenant on Civil and Political Rights provides that the exercise of this right, “…carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.” The authorities have gone far beyond what may be reasonably interpreted as necessary for preserving national security, public order or morality in their imprisonment of political prisoners. The authorities have sentenced people to lengthy prison terms on the basis that they considered information given by defendants about human rights violations – including the incontrovertible practice of torture against political prisoners, and the poor conditions under which they have been held – to be incorrect, and therefore deserving punishment.

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Courts have passed judgements on the basis that authorities considered that opinions expressed by defendants in poems or articles, were also deemed incorrect, and on authorities’ untested consideration that defendants knew these opinions to be incorrect. They have also stated in a number of cases that these opinions were subversive and would cause unrest. U Win Htein, a former business consultant and senior army officer who acted as a senior advisor to Daw Aung San Suu Kyi, has also spent the majority of his time imprisoned since 1989. He was released for one year between 1995 and 1996. The authorities alleged he had arranged for a former political prisoner to be interviewed by a correspondent of the Australian Broadcasting Corporation about the use of torture in Myanmar’s prisons, and argued that such information was false, and that he was therefore guilty of a crime. Similarly, a senior advisor to the NLD, who has been imprisoned since 1989, U Win Tin, 75, students Phyo Min Thein, Kyaw Min Yu, NLD MP elect Dr. Zaw Myint Maung, and others were sentenced while they were serving prison terms because they had circulated information from foreign news publications and broadcasts, gathered information about human rights violations in prisons, and had written poems and articles in prison. Authorities argued that the British Broadcasting Corporation (BBC) and the Democratic Voice of Burma (DVB) “broadcast false news about Burma” and that prisoners knew such information to be false, and therefore could be sentenced for committing a crime. Members of the group also are reported to have written and circulated magazines, which included poems, cartoons and articles expressing political opinions, clandestinely within the prison. Prisoners were not at that time granted access to reading and writing materials. The authorities stated that the magazines were also aimed “at ... presenting inaccurate information,” and that the prisoners knew that the information was false. Amnesty International has gathered information on the situation of political prisoners in Myanmar from a variety of sources, including private individuals, members of political parties, official and opposition news media, and from visits to Myanmar and neighbouring countries. With the exception of press reports Amnesty International has omitted identifying details about individual or organizational sources for reasons of their security. III Torture and Cruel, Inhuman and Degrading Treatment Torture in prisons International standards prohibit the use of corporal punishment, shackling and other restraints and confinement in a dark cell as a punishment against detainees and prisoners. Such punishments violate the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment), which is a rule of customary international law binding on all states. Such punishments are also explicitly prohibited by Rules 31 and 33 of the Standard Minimum Rules for the Treatment of Prisoners. Nevertheless, the authorities in Myanmar have continued to regularly use such methods against prisoners. They have particularly been used against individuals who have protested their conditions of detention, including by hunger strikes. While authorities have made it clear that the use of prisoners for disciplining other prisoners is forbidden in Myanmar, it appears that they are continuing to use criminal prisoners to beat other prisoners, including political prisoners.

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Prisoners protesting during 2005 have faced torture and ill-treatment as a punishment. Since January 2005 U Shwe Maung, a goldsmith imprisoned for three years for making a replica of a peasant’s hat, which is a symbol for the NLD, was reportedly punished by authorities in Mandalay Prison on several occasions for complaining about the quality of the food in prison, requesting that his scheduled release take place; and refusing to perform pounzan (a squatting position, in which prisoners have to put their clenched hands on their knees) when so instructed by prison authorities. He has been held in dark confinement cell between January and at least April 2005, shackled beaten and injured as a result, and denied family visits. According to a relative interviewed by the Democratic Voice of Burma in April 2005, “He was dragged out of his cell and stripped off. His head was covered with a black hood and they beat him up severely. That group beat him up quite severely. His chest was also slammed with knees. And, prison officials also kicked him with shoes. At the moment, he is being manacled systematically. 5” Other political prisoners who may have undergone similar treatment in Mandalay Prison, Mandalay Division, in April 2005 include Kyaw Nyunt, a member of the Democratic Party for a New Society with spinal and hearing problems, who was sentenced up to 20 years for demonstrations in favour of convening parliament in 1998; and Maung Maung Myat and Myo Min Zaw, a student serving a 52 year sentence for organizing student demonstrations in 1998. They were reportedly sent to solitary confinement in darkened cells as punishment for complaining that food provided by the prison was rotten. At least twenty two political prisoners are thought to have been tortured and ill-treated after a number of them took part in a hunger strike in Insein Prison on 28 April 2005. Shortly before the hunger strike Zaw Min Oo was reportedly beaten unconscious by prison authorities, reportedly for failing to show respect to prison authorities. The group of prisoners were protesting at the decision of the prison authorities to force political prisoners to share cells with prisoners convicted of criminal offences, who reportedly ill-treated them. At least two hunger strikers were confined to special punishment cells originally built as kennels for army dogs and severely beaten by authorities. The following political prisoners Aye Lwin, Han Win Aung, Kyaw Kyaw, Kyaw Moe, Kyaw Naing, Lwin Ko Latt, Myo Khin, Myo Win, Hla Moe, Htun Yin, NLD MP-elect U Naing Naing, builder Myint Htay, Nanda Sit Aung, student Nan Shin Mon, Ohn Than, monk U Rajadamma, Zaw Min Oo, Myint Ye, Ne Kyaw, Myint Naing, lawyer Soe Han and another monk whose name is not known to Amnesty International are reported to have participated in the hunger strike and been punished Political prisoners in Tharawaddy Prison are reported to have been threatened in May 2005 by prison officials that if they engage in activities considered as “disobedient” they may face severe beatings, including to death. This was reportedly based on an instruction to prison officials by central government authorities. Among those threatened not to speak out against prison conditions or to face beating is Saw Ne Dun, a Karen NLD official and political prisoner in his 80s, who has been imprisoned since 1991.

5 Democratic Voice of Burma, radio broadcast 13 April 2005

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Authorities appear to have taken punitive action against prisoners involved in the Insein Prison hunger strike, by transferring them to distant prisons. It is standard practise for prisoners who have been transferred for disciplinary reasons to another prison to be beaten on arrival and in other ways ill-treated. At least four people involved in the April 2005 hunger strike in Insein Prison were reportedly transferred to other prisons where they may have been beaten and tortured as a further punishment. Myint Ye, Ne Kyaw, Myint Naing and lawyer and NLD legal advisor U Soe Han, have reportedly been transferred to other prisons in Myanmar, including Thayet Prison, 340 miles from Yangon and a journey of more than 10 hours by road, in connection with the hunger strike. The regime at Thayet Prison is reportedly severe. Torture and ill-treatment in pre-trial detention and prisons. Amnesty International has documented the pervasive and systematic use of torture by authorities in pre-trial detention, and believes that the practise is continuing6. There have been widespread reports that individuals in pre-trial interrogation continue to be tortured and ill-treated. Members of Military Intelligence and associates of Khin Nyunt under arrest have reportedly been subjected to beatings and deprivation of food, have had their heads shaved and held in shackles. Political activists who have been taken into detention for short-term questioning, have reportedly been denied sleep, and in some cases subjected to abusive language by authorities. Doctors are reported to have found injuries consistent with torture on the body of Ko Aung Hlaing Win, an NLD member who was detained on 1 May 2005, and is reported to have died in custody on 7 May 2005. Deaths in custody – pre-trial detention There have been at least three deaths in custody reported since January 2005, in which individuals in pre-trial detention died in suspicious circumstances. It is the responsibility of the state to initiate thorough, prompt and impartial investigations into the cause of death in suspicious circumstances. The UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions state that such investigations should, where the established investigative procedures are inadequate, be conducted by an independent commission or similar procedure. The investigation should include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses and findings should be made public. The bodies of the deceased should be returned to the families for burial. It is not known whether any such investigation has taken place into these four reported deaths, but given reports that officials cremated three of the four without the presence of their families, it seems unlikely. It was reported in January 2005 that at least one Military Intelligence officer, Brigadier General Myint Aung Zaw, a colleague of former Prime Minister Khin Nyunt died in detention in late 2004, and was secretly cremated. Unofficial sources have stated that he died

6 Myanmar: The Institution of Torture, ASA 16/24/2000, December 2000, Myanmar: Justice on Trial, AI Index ASA 16/07/2003, July 2003

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either as a result of torture or suicide. In January 2005, U Toe Paing, a border control officer from northern Shan State, arrested in connection with the crack-down on former Prime Minister Khin Nyunt reportedly died in detention in Putao Prison, northern Kachin State of unknown causes, which may have included torture. On 1 May 2005 a member of the NLD Youth Wing, Ko Aung Hlaing Win, aged 30, who was married with a child, was taken into custody by plain clothes members of the security forces. Ten days later the chief of an interrogation centre is reported to have visited family members in Hlaing township, Yangon, and to have informed them that Ko Aung Hlaing Win had died of a heart attack during interrogation on 7 May 2005, and that he had already been cremated. He is reported to have offered family members 100,000 kyat as compensation, which by the family refused. Conditions of detention Prisoners are susceptible to a host of detention related health problems, which have been caused or exacerbated by their treatment in detention. Medical care within prisons is woefully inadequate, with some prisons lacking adequate numbers of trained medical personnel, particularly in Myaungmya, Sittway and Myingyan Prisons. Specialist medical treatment is not available in many prisons, and in some cases when prison doctors recommend specialist treatment, prison authorities are either slow to give consent or deny it. Prisoners have an extremely poor diet, and are reliant on families for supplements of fresh food. Released prisoners regularly report that the diet provided by the prison is not adequate for survival. Many prisoners on release require medical treatment. Malaria is endemic in Kalay Prison, Sagaing Division, and also reported at Thayet Prison. Heart disease, mental illnesses, hypertension and malnutrition related disorders, including peripheral neuropathy, are common. Prisoners who have been held for long terms of imprisonment, and often without regular access to their families have health problems as a result of malnutrition, and particularly lack of vitamins and protein. In a small number of prisons, prisoners were in the past allowed to grow vegetables to supplement their diet, but it is not clear whether or not that right has now been removed. For instance, Amnesty International is particularly concerned by the health situation of Dr. Than Nyein, 67 years old, a medical doctor, who has liver cirrhosis, heart disease, hypertension, and renal stones. Authorities are holding him after the expiry of his sentence under administrative detention law; have repeatedly transferred him to prisons where medical treatment is worse, and have failed to act on prison doctors’ recommendations that he receive specialist medical treatment. He is thought to have been punished by being transferred to different prisons after he went on hunger strike, despite his ill health in September 2004 to protest his continued imprisonment,, and is reported to have told a family member, "It is inhumane torture to extend the imprisonment with Act 10 (A) of a person whose health is deteriorating and who had already served his sentence. I don’t want to be killed by the authorities but by myself. That’s why I have decided to stage a hunger strike even though I am not in good shape.7" Since then the authorities have moved him to new prisons four times. After the first time he was moved, shortly after he began his hunger strike, he had to be

7 Democratic Voice of Burma, 22 September 2004

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returned to Yangon for hospital treatment, as his health had deteriorated dramatically. The authorities moved him a second time, shortly before he planned to go on hunger strike again, to a prison 241 kilometres from Yangon, where his family lives. The specialist medical treatment he requires is reportedly not available at Pyay Prison, where he has been held since January. A prison doctor recommended in late 2004 that he receive specialist medical treatment, but the authorities reportedly failed to provide it. Another prison doctor reportedly recommended in mid-February 2005 that Dr Than Nyein be transferred to Yangon to receive specialist medical treatment. Beyond the medical neglect, the continued incarceration of Dr. Than Nyein is a blatant violation of his right to liberty. Amnesty International calls on authorities to release Dr. Than Nyein immediately and to compensate him for his unlawful detention. Phyo Min Thein, a student who was arrested in 1991 for demonstrating in support of NLD leader Daw Aung San Suu Kyi, when she won the Nobel Peace Prize, and who is currently detained in Insein Prison, is reported to be suffering from malnutrition and heart problems. He and others, including Kyaw Min Yu, who has been held since 1989 and also has malnutrition and gastric problems, were given a second sentence to a further term of imprisonment. They were penalized for writing poems, circulating reports of foreign broadcasts to prisoners and trying to communicate information about human rights violations to the United Nations. Nay Tin Myint, a 37 year old zoology student who was arrested in 1993 and is serving a sentence to 20 years’ imprisonment in Myingyan Prison for having copies of journals produced by groups in exile, is reported not to be able to walk as a result of malnutrition. Dr. Zaw Myint Maung, 54, an NLD MP elect and poet, who has been imprisoned since 1990, and is serving a seventeen year sentence, has blood pressure problems. Many prisoners are reported to have suffered from mental illnesses, including depression and schizophrenia, and not to receive specialist medical treatment for such problems. Nay Lin Soe, a student from Rangoon arrested in February 1998 for taking part in campaigns to improve education in Myanmar, was reported by his relatives to be displaying symptoms of mental illness. Student Thet Naung Soe, sentenced in 2002 to 14 years’ imprisonment for a peaceful one man demonstration, and student Thet Win Aung, imprisoned since 1989, has reportedly been displaying symptoms of depression.

Many prisoners are over 65, and suffer from common age related illnesses, such as hypertension and heart disease. Among these prisoners is U Win Tin, a former editor, who has heart disease and spondylitis, and during his imprisonment has been in and out of prison hospital. His health has been compromised by his treatment in prison, including by being denied food and water for periods, and being made to sleep for protracted periods in a cell designed as a kennel for military dogs, without bedding.

The Myanmar authorities have a duty under rules of customary international law binding on all states to treat detainees and prisoners humanely, to provide prisoners with food of nutritional value adequate for health and strength, and to provide the services of qualified medical officers within facilities and to transfer prisoners and detainees who require specialist treatment to specialized institutions or to civil hospitals. Amnesty International is deeply

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concerned that authorities are failing, at times through neglect, and at times deliberately, to fully respect their international obligations in this regard. Other prisoners of concern Many prisoners who were arrested for membership of armed opposition groups in the 1980s remain in prison – in some cases after the expiry of their sentences. There are at least 37 members of the Karen National Union8 (KNU) who were detained between 1983 and 1986. There are reportedly at least 19 members of the Arakan Communist Party9 (ACP) who have been imprisoned since 1986, among whom are individuals who should be due for release. According to former prisoners members of these groups are less likely to receive regular family visits, and thereby less food to supplement their prison diet, and are therefore more likely to suffer from ill health and malnutrition related disorders. Many are reportedly in poor states of health, including Saw Benson, a KNU member, who has been in jail since 1984, and who has had poor medical treatment since he was imprisoned. He is 74 years old, and was originally sentenced to death, which was commuted to 25 years’ imprisonment in an amnesty in 1989. Khaing Soe, approximately 40 years old, a member of the ACP, is reported to have severe hypertension, and reportedly was very badly treated in interrogation after he was arrested in 1984. Reading and writing materials

Prisoners were for many years denied access to reading and writing materials. A former prisoner of conscience and book store owner released from prison on 3 January 2005, after more than 13 years imprisonment described his attempts to read in prison

“I wanted to read very much at the time. There were five of us in a cell then. I don’t know how to smoke like other people. I puffed the stubs of other people’s cheroots and then, soak them in water, and stuck the paper wrappers on the wall and read the words on them. As for books, not a single sign or shadow of them should be seen with us. If we read the newspapers used as wrapping paper given to us by people from home when they came to see us, it was regarded as a crime. As for the punishment, we were not allowed to go the toilet or have a shower. It was dire. They cut off everything connected to literature.10”

Authorities penalized a group of prisoners with further prison terms in early 1996 for their establishment of a clandestine network to circulate hand written magazines, poems, and

8 The Karen National Union was established in 1947, and is the oldest ethnic nationality armed opposition group. Its leaders are currently discussing the signature of a ceasefire with the SPDC.

9 The Arakan Communist Party, now defunct, represented the interests of Arakan (Rakhine) state members of the Communist Party of Burma, a coalition of Marxist groups that engaged in armed resistance to military rule in Myanmar since the 1960s.

10 interviewed on Democratic Voice of Burma, 5 January 2005

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information from overseas publications Time Newsweek, and overseas broadcasting stations the Democratic Voice of Burma, and the British Broadcasting Corporation.

While authorities have in recent years allowed individuals to read religious books and official journals, these rights are periodically withdrawn by prison authorities, reportedly dependent on the political situation. It was reported in May 2005 that authorities had withdrawn access to reading materials to prisoners in Tharawaddy Prison, and to prisoners at Insein Prison who had taken part in a hunger strike at their conditions of detention.

International standards provide that prisoners “be kept informed regularly of the more important items of news” including “by the reading of newspapers, periodicals, or special institutional publications” and that prisons should “have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it”

IV TRIALS Incommunicado detention The UN Commission on Human Rights has stated that “prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture”. 11 The Human Rights Committee has stated that provisions should be made against the use of incommunicado detention,12 and the Committee against Torture has consistently called for its elimination.13 The UN Special Rapporteur on torture, recognising that “torture is most frequently practised during incommunicado detention”, has also called for such detention to be made illegal.14 International standard recommend that detainees are not held for more than a very short period without access to relatives, doctors and lawyers. 15 The UN Commission on Human Rights has stated that “prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture”. 16 The Human Rights Committee has stated that provisions should be made against the use of

11 Commission on Human Rights Resolution: 2004/41, 19 April 2004, para. 8. 12 Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev.1 at 30 (1994), para. 11. 13 See for instance Report of the Committee against Torture, UN Doc. A/52/44 (1997), paras. 121(d) (re Georgia); 146 (re Ukraine); UN Doc. 44(A/55/44) (2000), para. 61(b) (re Peru); UN Doc. A/58/44 (2003), para. 42(h) (re Egypt); UN Doc. A/59/44 (2004), para. 146(d) (re Yemen). 14 UN Doc. E/CN.4/2002/76, 27 December 2001, Annex 1. 15 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principles 15 & 18, UN Standard Minimum Rules for the Treatment of Prisoners, rule 92

16 Commission on Human Rights Resolution: 2004/41, 19 April 2004, para. 8.

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incommunicado detention,17 and the Committee against Torture has consistently called for its elimination. 18 The UN Special Rapporteur on torture, recognising that “torture is most frequently practised during incommunicado detention”, has also called for such detention to be made illegal.19 It has been standard practice for some time in Myanmar for detainees to be denied access to the outside world for considerable periods of time after arrest, and in some cases not until after they have been sentenced. It is clear from recent arrests that this practice is continuing. A relative of a political activist who requested prison authorities to see their arrested family member, to whom they had been denied access for several months in 2005, was told that this was impossible, as orders from higher authorities had not been granted. U Ba Myint and four NLD officials from Yangon division, who were arrested in December 2004, have been reported not to have had access to family members or lawyers. Members of the NLD legal team reportedly complained in January 2005 that they wished to offer legal assistance to the group, but were hampered as they were unable to ascertain their whereabouts. Shan politicians arrested in February 2005 have been denied access to family members. This is also the case with many of the Military Intelligence detainees and associates of former Prime Minister Khin Nyunt who have been held in Insein Prison, since their arrest in October 2005. Innocent until proven to be guilty? The SPDC is continuing to give press conferences after or before a series of political arrests have been made, naming detained individuals who were reportedly involved in anti- government activities. They have effectively declared these named individuals as guilty before they were charged and tried. This continues to prejudice defendants’ rights to be presumed innocent until and unless proven guilty, which is a fundamental principle of fair trial, enshrined in Article 11 (1) of the Universal Declaration of Human Rights, and is a rule of customary international law binding on all states. Public officials should not go beyond factual statements in informing the public about criminal investigations, and should not state that persons arrested are guilty. During March and April 2005 authorities gave press conferences accusing senior Shan politicians, who are reported to be under trial, of issuing a statement after a political meeting they held on Shan National Day in February 2005, stating that they were taking the “first step to shape [Shan State’s] own destiny20”. Authorities characterized the political discussion as “detrimental 21 ” to its objectives of upholding “three main national causes – non- disintegration of the union, non disintegration of national solidarity and perpetuation of

17 Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev.1 at 30 (1994), para. 11. 18 See for instance Report of the Committee against Torture, UN Doc. A/52/44 (1997), paras. 121(d) (re Georgia); 146 (re Ukraine); UN Doc. 44(A/55/44) (2000), para. 61(b) (re Peru); UN Doc. A/58/44 (2003), para. 42(h) (re Egypt); UN Doc. A/59/44 (2004), para. 146(d) (re Yemen). 19 UN Doc. E/CN.4/2002/76, 27 December 2001, Annex 1. 20 New Light of Myanmar, official government publication 16 March 2005 21 as above

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sovereignty22” and that they would lead to the disintegration of the union. In subsequent press conferences in April and again in May 2005 government officials stated that the Shan State Army–South 23 , the Shan Nationalities League for Democracy 24 and Shan State Intellectual Advisory Council planned to “form a nominal union and later secede from the union25”, and had encouraged armed opposition groups to discuss matters pertaining to the significance of the forthcoming National Convention, which they were scheduled to attend. .On 22 April 2005, authorities stated that they had “exposed their conspiracies and protected the union from disintegration in time26”. Denial of lawyer or right to a lawyer of one’s own choice Currently detainees have no or limited access to legal counsel or the facilities necessary to prepare their defence during pre-trial proceedings (including during interrogations in police custody, interviews with the prosecutor and during pre-trial hearings). The right to legal counsel, including to legal counsel of one’s choice underpins international fair trial standards. Prompt access to a lawyer following arrest, and regular access thereafter, provides detainees with adequate opportunities to ensure that their defence can be prepared, and is a safeguard against torture and ill-treatment. In this context, the UN Special Rapporteur on Torture has determined that “[L]egal provisions should ensure that detainees are given access to legal counsel within 24 hours of detention.”27

This right has been regularly ignored for political prisoners in Myanmar for more than a decade. Released prisoners have reported that they have in the past requested legal counsel from prison authorities, who denied them the right, and that when they requested the right in court, the judge instructed them to ask prison authorities. Officials have granted some of the recently arrested prisoners access to legal counsel of their choice. However, when the right to legal counsel is granted, authorities have obstructed lawyers’ access to information about proceedings. As many trials are not held in open court, information about trial dates can be difficult to secure. As a member of the NLD legal team is reported to have described

“They usually do not announce the particulars of the trial we have to find out by ourselves. Although the detainees are in Insein Jail, a township court is given the jurisdiction to carry out the trial which is usually carried out at the court inside the Insein Jail. That is the norm and if we do not have the details we cannot get inside the court. First, we have to find out

22 as above 23 The Shan State Army – South, is an armed opposition group active in Southern and Eastern Shan State 24 The Shan Nationalities League for Democracy is a legally registered opposition political party, which won 23 seats in Shan State in 1990 elections. 25 New Light of Myanmar, 5 April 2005 26 New Light of Myanmar 23 April 2005 27 UN Doc. E/CN/4/2003/68. 17 December 2002, para. 26(g).

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about the court details like the date and time and only then can we plan our defence. There are many difficulties to overcome to take up a case.28

Authorities are still reportedly changing trial dates at short notice, without informing defence lawyers of the changes.

Authorities underlined, in response to journalists’ questions about the failure of authorities to allow detained SNLD MP-elect, U Khun Tun Oo and others detained with him in February 2005, access to lawyers, that “the government is making arrangements for the accused to enjoy his rights in accord with the law,” and further stated that “there are documentary photos of U Khun Tun Oo talking to his two advocates on 1 March 2005… he was allowed to talk with them to his heart’s content29” Authorities have denied Khun Tun Oo and others arrested with him access to their families. They have also not been able to choose lawyers, but have had lawyers appointed by the government, with whom they are not reported to be satisfied. Authorities have countered that lawyers may only be appointed with the permission of the defendant, not of their families. However, if, as has been the case with SNLD and other Shan leaders arrested in February 2005, detainees have had no access to their families or other members of the outside world not chosen by authorities, there would be no means for them to know about alternative offers of legal assistance. Authorities reportedly instructed relatives of detained National Democratic Party for Human Rights MP-elect, and member of the Committee Representing People’s Parliament (CRPP) U Kyaw Min, that they would be able to hire legal counsel to represent U Kyaw Min’s wife and daughter, who were arrested on 5 May 2005. U Kyaw Min has been held since 17 March 2005 without charge and without access to family members. A lawyer from the NLD legal assistance team who was approached to represent the defendants, reportedly attempted to see the detainees in Insein prison on 20 May 2005, where he had heard that U Kyaw Min and his wife and daughter were scheduled to appear in court. He reportedly stated “They would not allow us into the prison compound… We told them that we came because we heard that U Kyaw Min is to be taken to court today. They didn’t say whether it is true or not. I told them that I want to represent U Kyaw Min. They asked us to wait and at 3pm told us to go home.”30

V ONGOING ARRESTS Amnesty International is concerned that arrests and harassment of members of registered political parties and activists are continuing, solely on the basis of their peaceful political activities. Authorities are reported to have threatened individuals in 2005, that should they engage in politics they may face long terms of imprisonment. More Members of Parliament- elect were arrested in February and March 2005 than since May 2003. Three MPs elect were

28 Interviewed on Democratic Voice of Burma, 17 October 2003 29 New Light of Myanmar, 17 March 2005 30 Democratic Voice of Burma, broadcast 20 May 2005

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sentenced to prison terms during 2005, and two are believed to be on trial at the time of writing. Shortly before the National Convention31 was scheduled to reconvene in early February 2005, at least ten political activists were arrested for taking part in a political meeting of senior representatives of the Shan ethnic nationality on Shan National Day, 7 February 2005. The meeting was hosted by the Shan New Generation Youth political party, and was attended by political representatives. Those arrested included Khun Htun Oo, the Shan Nationalities League for Democracy (SNLD) chairman and MP-elect and member of the Committee Representing the People’s Parliament (CRPP)32, the party’s General Secretary Sai Nyunt Lwin, SNLD Central Committee member Sai Hla Aung; SNLD member Sao Kyar Oo, Shan State Peace Council (SSPC) 33 and United Nationalities League for Democracy 34 chair General Hso Ten, Shan New Generation Youth members U Myint Than, Sai Myo Win Tun, Sai Nay Moe and U Shwe Ohn35 aged 82, author and lawyer. Authorities have justified their arrest on the basis that they were trying to discuss a common position among political representatives of members of ethnic nationality political parties, and to agree principles for the political future of Shan State. Following the arrests, the SSPC, who had been among those scheduled to attend the meeting, withdrew their delegates. At the time of writing members of the group are still believed to be under trial, with the exception of U Shwe Ohn, who is under house arrest. Amnesty International is concerned that they may have been arrested solely for participating in a discussion of a political nature, and is furthermore concerned that judicial procedures during their detention and trial have not met international standards for fairness.

Arrests of members of the NLD have also continued during 2005. NLD offices, with the exception of the party’s headquarters, have remained closed since the attack on members and supporters of the NLD on 30 May 2003. Authorities have in the past taken measures to dissuade people from participation in the political party, including threatening civil servants

31 Myanmar's military government has been in power since 1962. After widespread protest against one-party rule, the authorities held elections in 1990. Opposition parties won a majority of seats, but the authorities delayed the transfer of power until a new constitution had been drafted. The constitution drafting process, which has been repeatedly delayed since a first meeting in 1993, recommenced in 2004. A meeting to draft principles for a new constitution, known as the National Convention, began on 17 February 2005. Opposition political parties including the SNLD and NLD ) boycotted the Convention on the grounds that the authorities have restricted their political activities and imprisoned senior opposition political leaders, and that there has been a lack of democratic procedures and free speech at the Convention. In the lead-up to recent sessions of the National Convention, members and leaders of opposition parties have been followed, interrogated, and intimidated for attempting to engage in legitimate and peaceful political activities. Some have been arrested for their non-violent protests, for example, calling for all political prisoners to be released. 32 32 The 10 member CRPP was formed by the NLD in September 1998, with the support of 251 MPs elect, including MPs from other parties 33 The SSPC represents various ethnic Shan armed opposition groups who agreed ceasefires with the authorities during the 1990s, after decades of fighting for greater autonomy. 34 a coalition of political parties representing non-Burman ethnic nationality groups in Myanmar 35 U Shwe Ohn was arrested in December 1992 and sentenced to one year’s imprisonment for writing and distributing an essay making suggestions to the National Convention about the new constitution.

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with dismissal should they not resign; staging state sponsored rallies against NLD MPs elect in their constituency; selectively prosecuting NLD members on account of their political activities, or on trumped up criminal charges, and threatening civil servants with eviction from state owned premises. A diplomatic official from the Myanmar Embassy in Washington who resigned and sought asylum in the United States of America stated in April 2005 that “current state leaders instructed the complete ‘clearance/destruction’ of Daw Aung San Suu Kyi and team members at “Dipeyin” in May 2003 …. I also received reliable information that there have been instructions for the complete routing of NLD (National League for Democracy) members’ families in 2006,36”which raises concern that authorities will intensify the harassment and incarceration of opposition political activists, already at a high level. At least 11 of the at least 26 members of the National League for Democracy arrested since December 2004 remain detained or imprisoned, including three Members of Parliament from the Shan and Rakhine States and Sagaing Division, who have been sentenced to terms of between 7 and 14 years’ imprisonment. Tun Lin Kyaw, an NLD member from Sanchaung township in Yangon, was sentenced at the end of February 2005 to seven years’ imprisonment for staging a peaceful one man demonstration outside City Hall in Yangon. He is reported to have called for the release of Daw Aung San Suu Kyi on 14 December 2004, and is believed to have been her former bodyguard. Five NLD members from Yangon who were arrested on 19 December 2004 for unknown reasons, U Ba Myint, U Ba Tint, Ko Khin Kyaw, Aung Myo San and Thet Naing are not known to have had access to family members since their arrest. Bo Kyi and Pe Tin, NLD organizing committee member and secretary of the political party’s local branch in Shwegyin were reportedly arrested in mid May 2005, and sentenced in late May 2005 to seven years’ imprisonment for distributing speeches by Aung San, one of the architects of Myanmar’s independence and the father of imprisoned NLD leader Daw Aung San Suu Kyi. The leaflets had reportedly been approved by the official censor, and had been legally printed by the NLD. U Kyaw Khin, 69, NLD MP elect of Taunggyi, Shan State, was arrested on 25 February 2005, less than two months after he was released from nearly nine years’ imprisonment for political reasons. According to NLD sources, he was rearrested for distributing leaflets; possessing a list of awards received by Daw Aung San Suu Kyi, and with leaving a paper on a chair which transcribed predictions made for the year by the BBC, which he denied possessing in court. He was given a 14 year sentence in early April 2005. Authorities reportedly also penalized him for photocopying, without permission from the official censor, a leaflet that the NLD had legally produced. In court the judge is reported to have stated that he was trying to provoke unrest, on the basis that on the list of awards received by Daw Aung San Suu Kyi, there was a sentence stating “there will be change because all the military has are guns”, and also to have pointed out that beside the photograph of the detained opposition leader, there was the sentence “Set Her Free”. He had been released from a prison term in 3 January 2005, where he had been held since June 1996. He was previously sentenced on the basis of official allegations that he had been contacted to obtain "recorded videotapes with antigovernment

36 Unofficial translation, published by the Democratic Voice of Burma on 7 April 2005

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messages broadcast by foreign television stations 37 " to agitate civil unrest. These tapes reportedly included videotapes and audio cassettes with foreign news reports and documentaries on Myanmar. He reportedly suffered from heart disease when previously imprisoned. Amnesty International is also concerned that authorities are continuing to use trumped up criminal charges to detain prominent NLD MPs. Two NLD MPs elect from Shan State, Aung Soe Myint, and U Than Htay were respectively sentenced to prison terms of seven and five years in August 2003 and September 2004, on under what are believed to be trumped up criminal charges. Aung Soe Myint was penalized for possessing an unlicensed motorcycle and U Than Htay for having unauthorized electronic goods. U Than Htay, a qualified high court advocate had reportedly been subjected to extensive pressure by local authorities to resign from the NLD, and had reportedly played a leading role in the gathering of signatures for an NLD petition calling for the release of Daw Aung San Suu Kyi and other political prisoners. On 17 March 2005, U Kyaw San, 73, a former military colonel and NLD MP elect of Tantse, Sagaing Division was arrested and charged with violating import and export legislation. He was sentenced to seven years’ imprisonment in early June 2005. The charge related to goods found in his home, for which there was no import documentation. The goods reportedly did not belong to U Kyaw San, and it is believed that they may be being used as a pretext to charge him. He reportedly went on hunger strike to protest the injustice of his detention and at the time of writing is on trial. He had been released from prison on 19 November 2004, where he had been held since September 1998. He had been sentenced to seven years’ imprisonment in 1992, reportedly for distributing pamphlets, and was released in 1995. When the NLD called for the convening of parliament, authorities rearrested him and made him serve the remainder of his previous prison sentence, from which he had been released, reportedly under the condition that he would have to serve the remainder of his sentence should he reoffend by engaging in politics. He is reported to suffer from hypertension. On 30 March 2005 U Saw Hlaing, a 59 year old lawyer and NLD MP elect from Indaw, Sagaing Division, was arrested for having unlicensed computers. He has previously been imprisoned at least four times for political reasons. He was sentenced to 12 years’ imprisonment in late May 2005 and is believed to have not had access to a lawyer until at least a month after his arrest. On 17 March 2005, U Kyaw Min, National Democratic Party for Human Rights (NDPHR) MP elect of Bohtataung, Rakhine state and CRPP, was arrested, and is believed to have been held in incommunicado detention. His wife and daughter were arrested in May 2005, and NLD officials were instructed that they were allowed to provide legal assistance to them. However, it is not clear that U Kyaw Min has had any legal assistance, and what is the basis for his detention. Amnesty International is also concerned that there have also been unfair judicial procedures used in state action taken against former Prime Minister General Khin Nyunt and his former employees and allies, and that among those who have been sentenced there may be individuals who were being penalized solely on account of their political association with the

37 Myanmar Embassy in Thailand, quoted in the Nation, 25 August 1996

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former Prime Minister. Former Prime Minister Khin Nyunt, who also headed Myanmar’s Military Intelligence Service (MIS), 38 was arrested on 19 October 2004. The authorities have disbanded the MIS and other related organizations, including businesses under Khin Nyunt’s control, and have forced a large number of officials to retire. They have also removed his political allies from the government, including the Interior Minister Colonel Tin Hlaing and Labour Minister Tin Win. Khin Nyunt’s arrest was followed by the detention of hundreds of members of Military Intelligence, associates and business employees and relatives of Khin Nyunt, and members of the Border Services Personnel, as well as his family’s astrologer and spiritual advisor. Up to 100 of those arrested are believed to be senior Military Intelligence officials. Many have been held in Insein Prison, and have not been granted access to relatives or to lawyers, and were also reportedly subjected to torture and ill-treatment during interrogation. Khin Nyunt currently remains under house arrest. In April and May 2005 nearly 50 senior former Military Intelligence officials and associates of Khin Nyunt were reportedly given sentences of up to 280 years’ imprisonment, on charges including corruption, illegal possession of currency, and possession of unlicensed vehicles. While full information about the charges, sentences and individuals prosecuted is not available, some reports suggest that an unknown number of individuals may have also been sentenced under charges relating solely to their peaceful exercise of the freedom of expression. For example, businessman Sonny Swe, the Deputy Chief Executive Officer of the semi- independent publication The Myanmar Times was among those sentenced. He was charged under the Press and Publications Act and sentenced to 14 years’ imprisonment – it is believed that he was sentenced because The Myanmar Times was published without the permission of the official censorship board, and because of his family’s proximity to former Prime Minister Khin Nyunt. Amnesty International is concerned that he may be a prisoner of conscience, and is calling on the SPDC to provide full information about the names and nature of charges against him and all other individuals arrested in connection with the recent crackdown on former Prime Minister Khin Nyunt. Sonny Swe’s father, Brigadier General Thein Shwe, was also sentenced for economic crimes to a total of 152 years’ imprisonment. The selective nature of arrests suggest that there is a political dimension to a number of these prosecutions, regardless of whether or not there were legitimate grounds for the prosecution of individuals for the misuse of power; economic crimes or offences under foreign currency and import legislation. This is supported by a letter written by Aung Lynn Htut who resigned from the Myanmar diplomatic mission to the United States in April 2005. In the letter, which was sent to the Democratic Voice of Burma and the British Broadcasting Corporation, Aung Lynn Htut stated that he had learnt that “current state leaders had instructed the complete

38. Khin Nyunt was the head of the central military intelligence agency in Myanmar, which included a think-tank on government policy on a variety of topics including narcotics, foreign affairs, the position of armed opposition groups from ethnic minorities, and government corruption. The MIS monitored armed and non-armed political opposition groups and political activists and ran interrogation centres which were well-known for the widespread practise of torture and other forms of cruel, inhuman or degrading treatment. Khin Nyunt also had extensive business interests, including newspapers, many of which have been shut down.

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“clearance/destruction” of Gen Khin Nyunt and team members in Oct 2004…and the complete routing of military intelligence service (MIS) members and family members in 2004… Although it is claimed that MIS (military/civilian) members were allowed to retired, I learnt that some of them were rearrested, put under house arrest and the like. Moreover, I also received information that their family members and children have been subjected to various unfair and brutal... actions such as being fired from their jobs or expelled from the schools.39” Authorities initially stated that former Prime Minister Khin Nyunt had retired on health grounds, subsequently adding that he had been dismissed for corruption and insubordination. Corruption is reported to be widespread within the military in Myanmar. Amnesty International is not aware of any other current large-scale prosecution of the military on charges of corruption. Authorities also publicly stated that Khin Nyunt had threatened the unity of the armed forces by initiating an investigation of regional military commanders.

Extension of sentences by Executive Order under the 1975 State Protection Law. The SPDC is continuing to use legislation which allows the Home Minister to detain without charge or trial anyone who may endanger the state, and detention orders are often repeatedly renewed. Amnesty International is concerned that as well as denying the fundamental right not to be punished until proven guilty, and to receive a fair trial, this law does not define what constitutes "a danger to the state" and thereby has allowed the authorities to arbitrarily detain people for peaceful political activities. It also allows extended detention without charge or trial, which is prohibited by international standards. Among those currently detained under this legislation are opposition leader Daw Aung San Suu Kyi, who has been held under this legislation under house arrest for more than 9 of the last 16 years. She has been most recently held without charge or trial since 30 May 2003. Myat San, a former bodyguard of Daw Aung San Suu Kyi and member of the All Burma Federation of Student Unions, is being detained in prison after the expiry of his sentence. He had served a sentence for taking part in student demonstrations celebrating Aung San Suu Kyi receiving the Nobel Peace Prize in December 1991. He is reported to have suffered ill-health. At least four prominent political leaders have had detention orders renewed or placed on them since December 2004. NLD MPs elect and medical doctors, Dr. Than Nyein and Daw May Win Myint have had detention orders extended by a year. Both were not been released after serving sentences to seven years’ imprisonment arranging for NLD leader Daw Aung San Suu Kyi to meet with party members in September 1997. Both are in poor states of health, U Tin Oo, 77, is the vice-chairman of the National League for Democracy (NLD), and has been under house arrest and held without charge or trial since 30 May 2003. His detention was extended by a further year on 13 February 2005.

39 Democratic Voice of Burma, 7 April 2005

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U Shwe Ohn, an 82 year old Shan political veteran and former lawyer, has been held under house arrest since he took part in a political meeting of Shan politicians on 7 February 2005. Authorities have publicly stated that he played a major part in the organization of the meeting. There have been unconfirmed reports that authorities have ordered his detention for one year under the 1975 State Protection Law.

VI RELEASES

The SPDC implicitly acknowledged that there have been abuses in the administration of justice in November 2004. Authorities announced on 18 November 2004 that “it was observed that the NIB40 might have committed irregularities. And according to the review of the irregularities, prison terms of 3,937 convicts have been suspended with effect from today, 18 November 2004”41. Between 18 November and 3 January 2005 authorities went on to release more than 19,000 prisoners, of whom a small fraction had been arrested for political offences. A total of 110 political prisoners were reportedly released, including student leader Paw U Tun, alias Min Ko Naing. He had been imprisoned since 1989, for much of the time in solitary confinement, and had reached the legal limit for detention without charge or trial. Among those released who have subsequently been rearrested and sentenced to prison terms are NLD MPs elect U Kyaw Khin and U Kyaw San.

Many of the others released, for example, Khun Sai, aka Myo Htun, aged 45, was arrested in February 1998 and sentenced to seven years’ imprisonment, for allegedly helping with the preparation of a history of student movement, had reached the end of their sentence, or were eligible for time off with parole. The authorities have not clarified what mechanisms were used to establish which “irregularities” had been committed in the incarceration of these individuals, nor have they announced what measures they have taken to prevent future abuses. An official from the Foreign Ministry said that "We are trying to tell the world that we are normal people.We review things and when the time is right [release prisoners]. we're a Buddhist country, compassionate.42"

Amnesty International welcomed the release of political prisoners, and of any others unlawfully detained or imprisoned and urged authorities to include in their release others who had been imprisoned by the state in contravention of international standards. The organization is further concerned that sentences were only “suspended,” meaning that individuals may be reimprisoned and made to serve any remainder of their sentence if authorities consider that they have violated the conditions of their release. The organization also believes that given the official acknowledgement of the political abuse of imprisonment,

40 The National Intelligence Bureau, which controlled military intelligence in Myanmar and was run by former Prime Minister Khin Nyunt, was dismantled by the SPDC in October 2004, after the sacking of Prime Minister Khin Nyunt and his arrest. The NIB controlled all intelligence units, including military intelligence, the Bureau of Special Investigation and the criminal investigation department. 41 New Light of Myanmar, 19 November 2004 42 Sydney Morning Herald, 27 November 2004

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authorities should establish a genuinely independent judicial procedure for reviewing convictions and sentencing for political offences, applying international human rights standards, including the rights to freedom of opinion and expression and freedom of peaceful assembly and association, and release all prisoners who were imprisoned solely for the peaceful exercise of these rights.

Between January and May 2006 six prisoners who had been held without charge or trial since the expiry of their sentences were released – five had been held since 1989, and included student leader Tin Aye, Communist Party of Burma linked U Tin Aung, U Aung Khin, and National Politics Front lawyer Tin Aye Kyu. Student leader Ko Ko Gyi, who had been held since 1991, was the sixth to be released. Student leaders who had reached the legal limit of application of administrative detention law, and who in many cases had been imprisoned since 1989 were released between March and October. U Thu Wai and U Htwe Myint, of the Democracy Party who had been held without charge or trial were also released in January 2005. Both were subsequently held in short term detention, but have again been released. Authorities have for a number of years given assurances that political prisoners, and particularly NLD leader Daw Aung San Suu Kyi, who remains under house arrest, will be released but have failed to provide any reliable schedule for releases beyond promising that they will do so when “the time is right”43. In late July 2003 Foreign Minister U Win Aung stated that Daw Aung San Suu Kyi would be released "when the time comes... I can't see a timeframe right now" and also added about her detention that "We don't have any intention to prolong that arrangement. We are waiting for the cool down 44 " (4) In October 2003 authorities said that "we do not call it house arrest or anything like that" and added that she will be released "eventually"45(5) In At the beginning of December 2004 Thai authorities reported statements by General Than Shwe that authorities had promised the release of Daw Aung San Suu Kyi, but had stated that “whenever Aung San Suu Kyi is released some trouble has happened. They need time to arrange everything and finish several meetings," Authorities publicly promised that U Win Tin would be included in the release of prisoners in November 2004, which similarly has not taken place. Amnesty International has been informed by released political prisoners that in the lead up to their release from prison, authorities asked them questions about their political attitudes. In many cases, it appeared that individuals who stated that they did not plan to resume any form of political activity were more likely to be released. Amnesty International is concerned that political attitudes favourable to authorities should not be considered a factor in the release of prisoners, particularly if they should never have been imprisoned in the first place.

43 “When the time is right we shall set her free." Colonel Kyaw Win, 28 March 1995 “We review things and when the time is right” Deputy Foreign Minister Kyaw Thu, 26 November 2004 44 Foreign Minister U Win Aung, quoted by Agence France Presse, 27 July 2003 and Kyodo News 29 July 2003

45 Foreign Minister U Win Aung, quoted by Agence France Presse, 4 October 2003

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Prisoners offered early release before the end of their sentences have often had conditions attached to their release under section 401 of the Criminal Procedure Code, which allows authorities to reimprison individuals without warrant, and require them to serve the remainder of their sentence, should authorities believe they have not fulfilled the conditions of their release. Conditions to release have included not engaging in political activities. This prison "debt" of unserved time from previous sentences for political reasons has repeatedly been employed by the authorities to threaten and harass former prisoners and make them desist from political activities. U Sein Hla Oo, a former news editor and film critic and NLD Member of Parliament elect, is being made to serve the remainder of his previous sentence. He is currently imprisoned in Myitkyina Prison, which is several days journey from his family. He had been released from a sentence for political reasons in an amnesty in 1993, and rearrested in 1994 for communicating "fabricated news" to foreign journalists and diplomats, and distributing political materials. He was given a sentence of seven years, and authorities are requiring him to serve the outstanding part of his earlier sentence as they stated that he had "breached his promise and secretly carried out anti-gov't activities46."

RECOMMENDATIONS

Amnesty urges the State Peace and Development Council to adopt the following measures

With regard to political prisoners

1. Stop arresting people solely for the peaceful exercise of their rights to freedom of expression, association and assembly and to immediately and unconditionally release any person who has been arrested for the peaceful exercise of their rights.

2. Make public information about the charges preferred against all political prisoners or “security detainees” and of members of Military Intelligence personnel, and any former personal or business associates of former Prime Minister Khin Nyunt, their sentences and current whereabouts.

3. Review the convictions of all political prisoners and ensure that any who have been unfairly tried be re-tried promptly and in accordance with international fair trial

46 The Truth, Volume III, Scrutiny of Letters sent from members of Amnesty International, published by Office of Strategic Studies, Ministry of Defence, and translated by the New Light of Myanmar http://www.myanmar-information.net/truth/truth.html

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standards, or released, and institute a clear transparent mechanism is to ensure a truly independent judicial review is conducted.

4. Ensure that redress is provided for past arbitrary deprivation of their rights.

With regard to procedures for arrest and trial, including of political prisoners

5. Ensure that all detainees have the right to promptly challenge the lawfulness of their detention before a court, and ensure that they are released if their detention is found to be illegal. Article 100 of the Code of Criminal Procedure should be changed to establish an accessible procedure for detainees, their families, and their lawyers to challenge the legality of a detention.

6. Ensure that all political detainees are either released or promptly charged with internationally recognized offences and tried by procedures which conform to international standards of fair trial, including the right to legal counsel, the right to presumption of innocence, the right to a public trial, the right to defend oneself, and the right to adequate time and resources to prepare a defence, and to review all trials of political prisoners which have fallen short of appropriate international standards.

7. Ensure that all political detainees have access to legal counsel promptly following arrest and regularly thereafter, and have adequate time to prepare a defence. Detainees should have the right to meet with their lawyers privately.

8. Ensure that the military does not manipulate the judiciary, whether directly or indirectly, so that courts may determine cases impartially and independently.

9. Ensure that officials, including government Ministers, refrain from conduct that jeopardizes the rights of the accused to a fair trial. This includes ending the practice by some officials of making public remarks that prejudge the guilt of political suspects.

10. Ensure that members of the judiciary have security of tenure; proper training, including in international human rights standards. and freedom from interference by the executive branch of the government. Ensure that all trials are held in public.

11. Ensure that all persons convicted of crimes have the right to appeal to a higher tribunal.

12. Prohibit incommunicado detention and ensure that all prisoners have immediate, confidential, and regular access to relatives, doctors, and lawyers.

13. Review all criminal laws relating to freedom of expression and association, particularly the 1950 Emergency Provisions Law; the 1975 State Protection Law; the 1962 Printers and Publishers Law and the 1908 Illegal Associations Law and reform them so that the

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laws are clear and specific, and do not breach the internationally recognized right to freedom of expression and association, and in the absence of a legislature stop using them.

14. In particular, repeal Law No 5/96, the provisions of which allow for up to 20 years’ imprisonment of anyone who drafts a constitution without official permission and otherwise criminalizes the right to freedom of expression and assembly.

15. Repeal any provisions in the 1975 State Protection Law allowing the detention by executive order without charge or trial.

16. Keep procedures for detention and investigation under regular review. All prisoners should be promptly told of their rights, including the right to lodge complaints about their treatment.

17. Abolish all laws, orders, regulations, policies and practice which allow incommunicado detention.

18. Abolish all secret or unofficial places of detention and interrogation under Myanmar law. It should be a punishable offence for any official to hold a person in a secret and/or unofficial place of detention.

19. Ensure in law and in practice that anyone who is arrested is be informed, at the time of arrest, of the reasons for his or her arrest and is promptly informed of any charges against him or her.

20. Ensure that all detainees receive a medical examination soon after they are arrested, and are provided with proper medical care.

With regard to conditions of detention

21. Ensure that detainees and prisoners in every prison, labour camp, and other detention facilities in Myanmar are treated humanely, and with the respect due to their inherent dignity and value as human beings.

22. Ensure that all detainees and prisoners are held in conditions which meet international standards, and are provided with adequate accommodation, hygiene, food and medical care on a timely basis, and that all prisoners are supplied with mosquito nets.

23. Ensure that all detainees and prisoners have opportunities for socialization with one another; and that all prisoners have access to reading materials of their choice, and writing materials.

With regard to torture and ill-treatment

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24. Define torture in law, according to internationally accepted definitions, as a specific crime of the utmost gravity in the Myanmar Penal Code, and issue clear orders to all members of the security forces not to torture or otherwise ill-treat anyone in their custody.

25. Introduce measures to safeguard against the use of torture and ill-treatment in interrogation, and to ensure that no evidence extracted as a result of such treatment is admissible in court, for example by recording the questioning of suspects and ensuring that such recordings are made available to defendants and their legal representatives.

26. All detainees must be brought before a judicial authority promptly after being taken into custody and have prompt their access to lawyers, medical professionals and their families.

27. Initiate prompt, effective, independent, and impartial investigations into all allegations of torture or ill-treatment, whether they are held in prisons or other official places of detention and where there is evidence of torture bring to justice all suspected perpetrators, including those who had ordered or acquiesced to torture or ill-treatment, in proceedings which meet international standards of fairness.

28. Ensure that confessions or other evidence obtained through torture are never invoked in legal proceedings, except as proof of torture or ill-treatment

With regard to disciplinary measures within prisons

29. Ensure that disciplinary measures within prisons do not constitute torture or other forms of cruel, inhuman and degrading treatment, that shackling and corporal punishment are not used as a form of punishment, and that all reports of such treatment are promptly, independently and effectively investigated and perpetrators are prosecuted in proceedings which meet international standards of fairness.

With regard to all reported deaths in custody

30. Independently and impartially investigate all reports of deaths in custody, and where the death occurred as a result of unlawful acts by officials or other persons, promptly bring perpetrators to justice in proceedings which meet international standards of fairness. Give families of the deceased and their lawyers access to information about the investigation procedure, and to other forms of redress, including compensation

With regard to the harassment of released political prisoners and their families

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31. Ensure that former prisoners, political activists and their families are not subjected to arbitrary detention, discrimination or harassment.

With regard to the International Community

32. Implement the recommendations of United Nations General Assembly Resolution 59/263 on the situation of Human Rights in Myanmar, adopted without vote by the General Assembly on 23 December 2004.

33. Accede without reservations to international human rights treaties, in particular the International Covenant on Civil and Political Rights and its protocols; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its protocol; and the International Convention on the Elimination of all Forms of Racial Discrimination.

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List of Prisoners of conscience and Possible Prisoners of Conscience in Myanmar.

This list gives details of a selected number of individuals whom Amnesty International believes have, or may have been imprisoned in Myanmar on account of their peaceful exercise of the rights to freedom of expression, association and assembly, and of those held without charge or trial under the State Protection Law. Amnesty International calls for the immediate and unconditional release of anyone among the more than 1,350 political prisoners in Myanmar who has been penalized solely for their peaceful exercise of these rights 1. Name / Age AUNG KO OO / Male, not He was arrested with four others for the known formation without official permission of a student union, distributing a statement Political Party / Thingangyun, Yangon about the student union to several Role / Place universities, and planning to hold a Sentence / 13 years / SLORC Law students' conference on Human Rights Day, Legislation 6/1988 10 December 2003. He was allegedly the student union's Executive Committee Date of Arrest 16 July 2003 member. It is believed that he and others Prison Held Insein Prison were tortured during interrogation. Health Concerns Torture YES Concern Profession Student

2. Name / Age AUNG KYAW HEIN AKA He was arrested in 1998 with scores of KYAW ZAW (KO) / M, date other students, and sentenced for his of birth 1972 peaceful activities to re-establish a student union in Myanmar. This is his second Political Party / NLD Youth / Hlaing Yangon period of imprisonment - he was previously Role / Place imprisoned for displaying a picture of Sentence / 14 years' imprisonment / assassinated independence campaigner Legislation 1950 EPA Section 5 [j] General Aung San at a stand during water festival celebrations in 1991, when he was Date of Arrest March 1998

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Prison Held Kalay Prison a high school student. His father, U Kyi Tin Oo who was imprisoned for political Health Malaria, urinary tract reasons in 1994 and died shortly after his Concerns infection and related release from detention in 2004. He is being problems held 680 miles from his home a journey of Torture more than 15 hours by road, in a prison Concern where malaria is reportedly endemic. Profession Student

3. Name / Age AUNG KYAW OO AKA He has served a sentence for alleged contact KYAW WIN THEIN with the ABSDF, and is now serving his second sentence, received while he was still Political Party / alleged ABSDF, from imprisoned. He received a second sentence Role / Place Yangon for writing a poem while imprisoned in Sentence / 12 years + 7 years / 1950 Insein Prison, which was reportedly Legislation EPA, 5[j,] [e], UAA, 17 (1) included in a magazine prepared by prisoners to commemorate the 75th

anniversary of Yangon University. A total Date of Arrest August 1991 of 24 prisoners were given sentences at the beginning of 1996 in connection with their Prison Held Tharawaddy circulation of news within the prison, their Health liver, kidney disease, various preparation of a magazine, and their Concerns health problems attempts to report on human rights violations in the prison. While authorities Torture YES investigated the incident many were held in Concern cells designed for military dogs, made to Profession Student sleep on concrete floors without bedding and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. Two persons sentenced at this time subsequently died in custody, one of whom was arrested at the same time and was the same age as Aung Kyaw Oo.

4. Name / Age AUNG KYI or GYI, male He was arrested with four others for the

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Political Party / South Okkalappa 1 Yangon formation without official permission of a Role / Place student union, distributing a statement about the student union to several universities, and Sentence / 15 years / SLORC law 6/88 planning to hold a students' conference on Legislation Human Rights Day, 10 December 2003. He Date of Arrest 14 June 2003 was allegedly the student union's chair. It is believed that he and others were tortured Prison Held Insein during interrogation. Health Concerns Torture YES Concern Profession Student ( Law)

5. Name / Age AUNG PWINT AKA He is reported to have been sentenced to eight AWAYLU / Male, c. 55 years imprisonment in connection with the making of unauthorised video tapes, including Political Party / Pathein Ayeyarwady of forced labour, and allegedly passing news Role / Place Division to organizations outside the country. He was Sentence / Eight years / UAA 17 (1), charged with leaving the country without Legislation Immigration Act 13 (1), official permission. He is reported to have suffered a gastric ulcer in detention. He is a Date of Arrest September 1999 well-known poet, and has also worked for a Prison Held Tharawaddy media group. Health gastric ulcer Concerns Torture Concern Profession Poet And Videographer

6. Name / Age AUNG MYAT THU / Male, He is believed to have been arrested in not known connection with student demonstrations

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Political Party / Bilin township Mon state supporting educational reforms and NLD Role / Place calls to convene parliament in September 1998. Sentence / 14 years / 1950 Emergency Legislation Provisions Act 5 [j], UAA 17 (1) (photograph from Myanmar TV broadcast of SPDC Date of Arrest September 1998 press conference on recent arrests, October 1998) Prison Held Mawlamyine Prison Mon State Health Concerns Torture Concern Profession Student

7. Name / Age AUNG SAN SUU KYI She has been detained since she and NLD (DAW) / f, 1945 members travelling on party business in Upper Myanmar were violently attacked, in Political Party / NLD General Secretary what is believed to have been a state Role / Place orchestrated operation. Authorities stated that Sentence / none / 1975 SPL she and other NLD members were being held Legislation under “protective custody.” She was held incommunicado in an undisclosed location Date of Arrest 30 May 2003 for more than four months until September Prison Held House arrest 2003 when she was put under house arrest after undergoing surgery. She was reportedly Health informed in November 2004 that she was Concerns being held under the 1975 State Protection Torture Law, which allows detention without charge Concern or trial on executive order. Profession She was held under house arrest between July 1989 and May 1995 and between September 2000 and May 2002, and in intervening periods has had her movement severely restricted. She has never been charged or tried for any of these periods of detention. She was awarded the Nobel Peace Prize while under house arrest in 1991.

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8. Name / Age AUNG SOE MYINT / Male, He was arrested for possessing a not known motorcycle without license, and had been arrested after a minor accident in which Political Party / NLD MP elect, Taungoo Role / Place Bago Division the injured party did not wish to pursue a complaint. It is believed that he has been Sentence / 7 years selectively prosecuted on behalf of his Legislation political activities, as the possession of Date of Arrest 19 August 2003 motorcycles without license is widespread and individuals are reportedly seldom Prison Held Insein Prison prosecuted for this offence. He was Health Concerns Diabetes, high blood reportedly tortured in pre-trial detention, pressure and has had health problems in detention. Torture Concern Profession

9. Name / Age AUNG TUN He was arrested with a group of students and veteran political activists for allegedly Political Party / ABFSU CC member writing a history of the student movement Role / Place and its prominent role in political activism in Sentence / 17 years / 1950 EPA, 5 [j], Myanmar. He had reportedly coordinated the Legislation UAA, 17 (1), PPRA writing of the document, which ran into several volumes. Veteran student activists Date of Arrest 17 February 1998 from the previous 40 years were arrested and Prison Held Insein Prison sentenced at the same time, at least two of whom have reportedly died in prison. He Health Concerns was reportedly tortured during interrogation. Torture YES This is his second period of detention as a Concern result of his political activities. Profession Student

10. Name / Age AYE AUNG / dob c. 1974 Aye Aung was arrested in connection with peaceful demonstrations by students in favour Political Party / ABFSU / Thingangyun of convening parliament. He is believed to Role / Place Yangon have distributed leaflets to the public. He is Sentence / 24 or 45 years / EPA 5 [j], being held 680 miles from his home, a journey

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Legislation UAA 17 (1) of more than 14 hours by public transport, in a prison where malaria is endemic. Date of Arrest 14 September 1998

Prison Held Kalay Prison (photograph from Myanmar TV broadcast of SPDC press Health malaria and typhoid conference on recent arrests, October 1998) Concerns Torture Concern Profession Student (Physics)

11. Name / Age AYE KYU (U) AKA He was sentenced for allegedly writing a MONYWA AUNG SHIN / statement calling for the lifting of Male, at least 60 restrictions recently placed on the NLD, including the release of senior party leaders Political Party / NLD DOC vice chair, NLD from house arrest. At least four other senior Role / Place CEC member / Monywa NLD members were sentenced with him, Township Sagaing Division and accused by authorities of attempting to Sentence / 21 yrs / 1950 EPA, 5 [j], incite unrest, and breaking laws that require Legislation PPRA 17/20 any printed material to be approved by the official censor. Date of Arrest 14/09/00 Prison Held Insein Health Concerns asthma and respiratory problems Torture Concern Profession Journalist / Poet

12. Name / Age AYE MYINT THAN (DAW) She was arrested in a crackdown on / female, aged c.50 opposition activists and students in September 1998, after the NLD called for Political Party / NLD TOC secretary / parliament to be convened. Many of those Role / Place Thingangyun township arrested at the time were reportedly tortured Yangon in detention. It is believed that she was Sentence / 7 or 21 years / 1950 EPA, 5 [j] imprisoned for her peaceful political Legislation activities in support of the Committee Representing the People's Parliament, as a Date of Arrest August 1998

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Prison Held Myaungmya Prison member of the NLD, and for possessing NLD materials. Her daughter, Hnin May Health heart disease, arthritis, 2 Aung, was arrested at the same time and is Concerns strokes also imprisoned. She has had two strokes Torture in prison. She is being held c. 170 miles Concern from her home. Profession Primary School Teacher (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998)

13. Name / Age BA MYO THEIN AKA KO He was arrested in 1991 for alleged MYO / c. 38 connections to the CPB, and has served this part of his sentence. He was given a second Political Party / Alleged CPB, Yangon term of imprisonment with a group of Role / Place prisoners while in prison in 1996, for taking Sentence / Seven + 12 years ) / 1950 part in the gathering of information on human Legislation EPA, 5 [e] + [j], UAA 17 (1) rights violations in Insein Prison to transmit Penal code 6A to the United Nations. A total of 24 prisoners were given sentences at the beginning of Date of Arrest 1991 1996 in connection with their circulation of Prison Held Thayet Prison news within the prison, their preparation of a magazine, and their attempts to report on Health Concerns human rights violations in the prison. While Torture authorities investigated many were held in Concern cells designed for military dogs, made to sleep on concrete floors without bedding Profession Civil Servant during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number stated that they had been tortured. He is being detained 340 miles from his home, a journey of approximately 10 hours by road.

14. Name / Age BO BO HAN / m Bo Bo Han was arrested in connection with the peaceful demonstrations held in Yangon Political Party / Shan State in December 1991 which called for the Role / Place release of Aung San Suu Kyi and other Sentence / 15 years imprisonment; political prisoners. He was given a second Legislation commuted to 10 years 1.1.93 sentence in 2001 in connection with a + 7 years' imprisonment skirmish between prisoners in Taungoo 11/01 / 1950 EPA 5 [j], SPL Prison, in which he was reportedly not

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Section 10 [a] involved. Date of Arrest 02/12/91 Prison Held Thayet Prison Magway Division Health Concerns Torture YES Concern Profession Student

15. Name / Age BO BO OO / Male, c. 40 The original reason for his arrest is not known. He was sentenced to a second prison Political Party / Yangon term while still imprisoned for Role / Place disseminating news from overseas Sentence / 22 years / UAA 17 (1), 1950 broadcasts with Insein Prison in 1995. A Legislation EPA, 5 [e] 5 [j] total of 24 prisoners were given sentences at the beginning of 1996 in connection with Date of Arrest 1991 their circulation of news within the prison, Prison Held Myingyan Prison their preparation of a magazine, and their attempts to report on human rights violations Health respiratory disease in the prison. While authorities investigated Concerns the incident many were held in cells Torture designed for military dogs, made to sleep on Concern concrete floors without bedding during winter months, and deprived of food and Profession Finished degree. Small water. They were also reportedly denied business owner legal representation at their trial, at which a number stated that they had been tortured. Two persons sentenced at this time subsequently died in custody, one of whom was in his 30s. He is being held nearly 400 miles from his home, a journey of at least 12 hours by road.

16. Name / Age HAN SEIN (U) U Han Sein was arrested on account of his

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Political Party / NLD / Pabedan (Yangon alleged possession and distribution of the Role / Place Division) "New Era" journal. Ten others were sentenced on similar charges. Sentence / 20 years imprisonment / UAA Legislation 17(1); 1950 EPA, 5(J), PPRA 17/ 20 Date of Arrest 10 August 1993 Prison Held Tharawaddy Prison, Bago Division Health Concerns Torture YES Concern Profession TV Video Store Owner

17. Name / Age HLA SHWE (U) AKA He is a political veteran and former student AUNG THA / m, c. 60 activist. He was sentenced for allegedly assisting Ko Aung Tun write a history of Political Party / formerly People's the student movement in Myanmar, with Role / Place Progressive Party / several others. He has reportedly suffered Thingangyun Yangon cardiac problems, and was imprisoned three Sentence / 14 years / 1950 EPA 5 [j], times in the 1980s under suspicion of being Legislation PPRA 17/20 a member of the CPB, when he is believed to have been badly tortured. His son, Set Date of Arrest February 1998 Aung Naing, was arrested at the same time Prison Held Thayet as him and is serving a sentence of 14 years' imprisonment. He is being held over 300 Health heart attack, gastric ulcer miles away from his home, a journey of Concerns more than 12 hours by road. Torture Concern Profession Quail Farmer

18. Name / Age HNIN MAY AUNG (MA) / She was arrested in connection with small female dob 1975 demonstrations in Yangon that took place in support of student rights and for the Political Party / Thingangyun Yangon convening of parliament. She was Role / Place reportedly tortured in detention and was Sentence / 42 years' imprisonment / 5 j, held incommunicado for several months

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Legislation PPRA 17/20/21 after arrest. She is being held more than five hours away from her home. Date of Arrest 29/09/98 Prison Held Myaungmya Health Various Concerns Torture Concern Profession Student (Physics)

19. Name / Age HTAY HLAING / Male, not Htay Hlaing was arrested after he and known other teachers called on the SPDC to have dialogue with the NLD. It is believed that Political Party / not known / Yangon he was ill-treated in interrogation. He is Role / Place being held 175 miles from his home, a Sentence / 13 years / 1950 EPA 5 [j] journey of approximately eight hours by Legislation road. Date of Arrest November 1996 Prison Held Taungoo Health asthma, gastric complaints Concerns Torture YES Concern Profession Private Teacher/Landlord

20. Name / Age KHAING KAUNG SAN / He was forcibly returned from Thailand to Male, not known Myanmar. He had been living in Thailand as an asylum-seeker for several years. He was Political Party / ALD vice chairman granted official refugee status by the United Role / Place Nations High Commissioner for Refugees Sentence / 10 years / UAA 17 (1) (UNHCR) in 2000. He is reported to be a Legislation well known political dissident and human rights activist who worked closely with Date of Arrest 5 December 2000 Arakanese organizations in providing Prison Held Thayet Prison Magway political, socio-cultural and economic Division

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Health support to Arakanese people in Thailand. Concerns Torture YES Concern Profession

21. Name / Age KHIN KHIN LEH (MA) / f, She was arrested in connection with a dob 1966 demonstration to commemorate the assassination of General Aung San and to Political Party / NLD / Bago Division support the NLD, the lowering of food Role / Place prices and revision of civil servants' salaries. Sentence / life / 1950 EPA 5 [j], UAA Her three year old daughter was arrested at Legislation 17(1) the same time, and was held with her in custody for up to five days. Date of Arrest July 1999 Prison Held Insein Health lung disease, rheumatoid Concerns arthritis, dysentery Torture Concern Profession Teacher

22. Name / Age KHIN MAUNG KYI (U) / He was arrested for allegedly distributing Male, 56 dob 1948 leaflets in November and December 1998, and accused of carrying out anti-government Political Party / NLD Mon State EC activities "under the pretext of democracy." Role / Place member / Mon State He is imprisoned at least 250 miles from his Sentence / 10 years / 1950 EPA [5j], home, a journey of approximately 10 hours

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Legislation UAA 17 (1) by road. Date of Arrest 8 September 1998 Prison Held Thayet Health gout Concerns Torture YES Concern Profession

23. Name / Age KHIN MAUNG SWE AKA He was arrested in 1990 under charges of YE KYAW / aged c. 62 dob support for the formation of a parallel 1942 government, and was released under an amnesty in 1992. He was rearrested and on Political Party / NLD / MP-elect / Yangon the basis that authorities alleged he had told Role / Place (Sanchaung) diplomats and foreign journalists Sentence / 10 + seven years / 1950 EPA, "fabricated news" and had allegedly given Legislation 5 [e] them documents produced by expatriate groups, the terms of his amnesty were Date of Arrest 4 July 1994 revoked, and he was given a further Prison Held Mandalay sentence of seven years' imprisonment. He has reportedly had chronic health problems Health Haemorrhoids, gastric ulcer in detention, and has been held for the Concerns majority of the time in Myingyan prison c. Torture 400 miles from his family, a journey of at Concern least 12 hours. Profession Geologist 24. Name / Age KHIN MAUNG WIN / He was arrested for staging a peaceful Male, not known demonstration outside City Hall in Yangon, with fellow law student Thet Naung Soe. He Political Party / had reportedly handed out leaflets the Role / Place previous day, calling on authorities to initiate Sentence / 7 years / 1950 EPA, 5 [j] political dialogue with the NLD Legislation

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Date of Arrest 18 August 2002 Prison Held Insein Prison Health Concerns Torture Concern Profession Student (Law)

25. Name / Age KHIN ZAW WIN (U) ALIAS He was arrested at Yangon airport on his KELVIN / dob 30/01/50; m return to Singapore in connection with papers, computer disks and letters which he Political Party / Yangon was carrying with him which allegedly Role / Place included "anti-government sentiments". He Sentence / 15 years / 1950 EPA, 5[e], was among a group of prisoners who were Legislation UAA, 17 (1), currency and penalized in 1996 for allegedly attempting customs charges; OSA, to send information regarding poor prison section 5 conditions in Insein to the UN, and for circulating news in the prison. They were Date of Arrest 4 July 1994 placed in military dog cells, forced to sleep Prison Held Myitkyina Prison on concrete floors with no bedding, and forbidden any visits from their families. He Health Gastric problems, arthritis, is being held in a prison more than 900 Concerns haemorrhoids miles from his family, a journey of Torture YES approximately 24 hours by train. Concern Profession Overseas Student; Dentist

26. Name / Age KHIN SOE / Male, not He was arrested for distributing pamphlets known characterized by authorities as propaganda, and "instigative" in July 1998. Political Party / NLD TOC chair / Ye Mon Role / Place State Sentence / 20 years' imprisonment / 1950 Legislation EPA, 5[j], UAA 17(1) Date of Arrest 22/12/98 Prison Held Tharawaddy Health Concerns

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Torture Concern Profession

27.

Name / Age KYAW KHIN (U) / 69 years He was sentenced for giving a leaflet old containing the list of awards conferred on Daw Aung San Suu Kyi to a girl and Political Party / NLD / (MP) of No.1, for a peace of paper allegedly found at a Role / Place Constituency of Taunggyi seat used by him and which contained Township, Shan State the predictions by the BBC for the Sentence / 14 years / 1950 EPA 5(J), following year. Authorities reportedly Legislation 1962 PPRA 17 penalized him for photocopying an NLD leaflet, which had been approved by the Date of Arrest 25 February 2005 official censor. He was previously Prison Held detained between 1996 and January 2005. Authorities had sentenced him to Health Heart disease 10 year’ imprisonment, and alleged that Concerns he had been contacted to obtain Torture "recorded videotapes with Concern antigovernment messages broadcast by Profession Trade Corporation Officer foreign television stations" to agitate In A Jade Mine civil unrest.

28. Name / Age KYAW MIN YU AKA Kyaw Min Yu was arrested in connection JIMMY, 32 years with his political activities, including the formation of a student union. He was Political Party / DPNS / Hlaing Yangon originally held without charge or trial and Role / Place then charged with trying to incite unrest, Sentence / 20 years ; commuted to 10 and has completed this sentence. He Legislation years 01/01/93 + 7 years / received a second sentence while still 1950 EPA, 5 [a], 5 [e] imprisoned in connection with his alleged involvement in plans to distribute news Date of Arrest 1989 from overseas broadcasts within Insein Prison Held Tharawaddy Prison Prison, and to contact the United Nations Human Rights Commission about Health Malnutrition, gastric conditions in the prison. A total of 24

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Concerns problems prisoners were given sentences at the beginning of 1996 in connection with their Torture YES circulation of news within the prison, their Concern preparation of a magazine, and their Profession Student attempts to report on human rights violations in the prison. While authorities investigated many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. He is reported to have been severely tortured during detention, including in the suppression of a hunger strike in Insein Prison in 1990, during which prisoners requested the right to read books. His brother is a former political prisoner.

29. Name / Age KYAW MYO MIN / Male, He was arrested with his wife, Kyi Kyi Win, not known for allegedly contacting NLD members in Thailand and for allegedly distributing Political Party / NLD / Bilin township Mon political literature, videotapes and stickers. Role / Place State Sentence / Seven years / 1950 EPA, Legislation section 5 [j], 17 (1), 13 (1) Date of Arrest 2000 Prison Held Insein Prison Health Concerns Torture Concern Profession

30. Name / Age KYAW SAN (U) / 73 years U Kyaw San was penalized for having old goods at his house without the correct

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Political Party / NLD MP-elect Tantse import documentation. The goods Role / Place Township, Sagaing Division reportedly did not belong to him, He chairman staged a month long hunger strike in protest at his arrest. He had been Sentence / 7 years’ imprisonment, released from prison on 19 November Legislation under import and export 2004, where he had been held since legislation September 1998. He had been sentenced Date of Arrest 17 March 2005 to seven years’ imprisonment in 1992, reportedly for distributing pamphlets, Prison Held Insein and was released in 1995. When the Health hypertension NLD called for the convening of Concerns parliament, authorities rearrested him and made him serve the remainder of his Torture Concern previous prison sentence, from which he had been released, reportedly under the Profession Former military colonel condition that he would have to serve the remainder of his sentence should he reoffend by engaging in politics. 31. Name / Age KYAW SWA / M dob 1964 He was sentenced for his suspected involvement in plans for demonstrations by Political Party / Tamway Yangon political groups in exile. It is believed that he Role / Place was badly tortured in interrogation. Sentence / 36 years / 1950 EPA, 5 [j], Legislation UAA 17(1) Date of Arrest September 1999 Prison Held Yangon Health Concerns Torture YES Concern Profession Student

32. Name / Age KYI KYI MIN (MA) Authorities alleged she and her husband Kyaw AKA MA HTAY HTAY Myo Min brought stickers and other materials NGWE YEE / female, from opposition groups in exile during 1999 not known into Myanmar urging people to support the convening of parliament and in support of Political Party / NLD / Bilin township demonstrations against one party rule.

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Role / Place Mon State Sentence / Seven years / 1950 EPA, Legislation 5 [j], UAA 17(1) Date of Arrest 2000 Prison Held Insein Prison Health Concerns Torture Concern Profession

33. Name / Age LWIN AUNG (KO) / M He was arrested in connection with student plans to convene a meeting to discuss Political Party / current national and international political Role / Place affairs. Sentence / 7 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest 9 August 1996 Prison Held Not known Health Concerns Torture Concern Profession Student 34.

Name / Age MA OO (MA) (F), c. 40 She was arrested in connection with student demonstrations in favour of the Political Party / Mandalay legitimisation of student unions, and is Role / Place currently reported to be in a poor state of Sentence / 14 years health. She was denied legal counsel at her Legislation trial. This is her second period of imprisonment for political reasons. She is Date of Arrest December 1996 being held more than 400 miles from her Prison Held Insein home, a journey of more than 12 hours by

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Health rheumatoid arthritis, upper train. Concerns respiratory tract infection Torture Concern Profession Former student

35. Name / Age MAUNG MAUNG LAY He is believed to have been arrested for distributing testimony from victims of the Political Party / NLD / Kyimindine Township violent attack on NLD members at Depayin Role / Place Yangon in May 2003. He has been arrested on Sentence / 7 years / 1950 EPA, 5[j] account of his political activities before. Legislation Date of Arrest June 2003 Prison Held Insein Health Concerns Torture YES Concern Profession Onion and chilli salesman

36. Name / Age MAY WIN MYINT (DAW) / Daw May Win Myint was among a group f, 54 yrs. old 08/03/1950 arrested after an attempt by the NLD to hold a meeting with Daw Aung San Suu Political Party / NLD / MP-elect / Mayagone 2 Kyi and the NLD Youth in Mayangone Role / Place Yangon Division township, which authorities characterized Sentence / 6 years imprisonment / 1950 as "anti-government activities with a mob." Legislation EPA, 5[j], SPL 10 [a] She is reported to have been deprived of drinking water and to have been mistreated Date of Arrest 28 October 1997 during interrogation. She is being detained Prison Held Insein Prison Yangon under an administrative detention law beyond the expiry of her sentence. Health Heart disease, high blood Concerns pressure and arthritis, stiff shoulder Torture YES Concern Profession Medical Doctor

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37. Name / Age MYAT SAN Myat San was sentenced for his participation in demonstrations to celebrate Aung San Political Party / NLD / Pabedan township Suu Kyi receiving the Nobel peace prize. He Role / Place Yangon Division is being held beyond the end of his sentence Sentence / 15 years; commuted to 10 under section 10 a of the 1950 State Legislation years 1.1.93 / 1950 EPA 5 Protection Law. He is being held at least 170 [j], SPL 10 [a] miles from his home, a journey of more than eight hours by road. Date of Arrest 11 December 1991 Prison Held Taungoo Prison Health gastric ulcer, tuberculosis Concerns Torture Concern Profession Student

38. Name / Age MYINT HTAY / Male, c. 38 He is believed to have been charged for distributing false information, for allegedly Political Party / NLD Youth / Tamway distributing testimony from victims of the Role / Place Yangon Division violent attack on NLD members at Depayin Sentence / Seven years' imprisonment in May 2003. He was reportedly tortured Legislation during detention. He has been arrested on account of his political activities before. He Date of Arrest June 2003 was reportedly illtreated and penalized for Prison Held taking part in a hunger strike in Insein Prison in May 2005. Health Concerns Torture YES Concern Profession Builder

39. Name / Age MYO MIN TUN He was arrested with four others for the formation without official permission of a Political Party / North Dagon student union, distributing a statement about Role / Place

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Sentence / 13 years / SLORC law 6/88 the student union to several universities, and Legislation [6] planning to hold a students' conference on Human Rights Day, 10 December 2003. He Date of Arrest July 2003 was allegedly the student union's temporary Prison Held Insein vice-chair. It is believed that he and others were tortured during interrogation. Health Concerns Torture YES Concern Profession Student ( Law)

40. Name / Age MYO MIN ZAW ALIAS Myo Min Zaw was arrested for his role in MOE HEIN AUNG / Male, student demonstrations calling for dob 1977 improvements to education in the country, and support for NLD calls to convene Political Party / SYUF, ABFSU / Bahan parliament. He was reportedly tortured in Role / Place Yangon interrogation. He was transferred to Sentence / 52 years / 1950 EPA 5 [j], Mandalay from Pathein Prison in September Legislation PPRA 17/20 2003 after taking part in a hunger strike calling for the release of political prisoners, Date of Arrest 14 September 1998 including Daw Aung San Suu Kyi, Prison Held Mandalay Prison implementation of the results of the general election and improvements to living Health standards for political prisoners. (photograph Concerns from Myanmar TV broadcast of SPDC press Torture YES conference on recent arrests, October 1998) Concern Profession Student 41. Name / Age NAING NAING (U) (SAW) / U Naing Naing was arrested for his alleged aged 62 dob 1942 involvement in the preparation of a statement calling for the release of Daw Political Party / NLD / MP-elect / Aung San Suu Kyi, and for the lifting of Role / Place Pazundaung Yangon restrictions on the National League for Sentence / 21 years / 1950 EPA, 5 [j], Democracy. Legislation PPRA 17/20 Date of Arrest 14/09/00 Previous Imprisonment Prison Held Insein Prison After authorities refused to transfer power Health hernia and heart disease to the NLD, a group of Members of Concerns Parliament, allegedly including U Naing

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Torture YES Naing, met to discuss the formation of a Concern parallel government until the time that power was transferred. As a result he was Profession Former Govt Trade imprisoned between 1990 and 1999. Manager Authorities forced him on two occasions to sleep in military dog cells, and deprived him of food and water for extended periods. On the first occasion, he was among prisoners who were being interrogated about how information on the ill-treatment of prisoners had been gathered within the prison. On the second occasion, he was being punished for making a memorial for a political prisoner who had died in custody and who had also been held in a prison dog cell at the same time as U Naing Naing.

42. Name / Age NAN SHIN MON AKA He was arrested with four others for the NAN SHIN NAUNG / Male, formation without official permission of a not known student union, distributing a statement about the student union to several universities, and Political Party / planning to hold a students' conference on Role / Place Human Rights Day, 10 December 2003. He Sentence / 15 years / SLORC law 6/88 was allegedly the student union's temporary Legislation general secretary. It is believed that he and others were tortured during interrogation. He Date of Arrest July 2003 was reportedly penalized for taking part in a Prison Held Insein Prison Yangon hunger strike in Insein Prison in May 2005. Health Concerns Torture YES Concern Profession Student (Law

43. Name / Age NAY TIN MYINT / 37 years Nay Tin Myint was imprisoned with 11 old dob 1967 others for the distribution and photocopying of journals, which were characterized by Political Party / Bahan Yangon authorities as against the government. He Role / Place was reportedly denied legal representation Sentence / 20 years / UAA 17/1, 1950 at his trial. This is the second time he has been imprisoned since 1989, and he was

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Myanmar’s Political Prisoners: A Growing Legacy Of Injustice 47

Legislation EPA, 5 [j], PPRA 17/20 reportedly badly tortured when previously imprisoned between 1989 and 1992. He is believed to have had chronic health Date of Arrest 7 July 1993 problems. He is being held more than 400 miles from his home, a journey of Prison Held Myingyan Prison, Mandalay approximately 12 hours by road. Division Health malnutrition, gastric disease Concerns and impaired movement, peripheral neuropathy, bad respiratory problems

Torture YES Concern Profession Student (Zoology)

44. Name / Age NE WIN (KO) / Male, c. 43 He is believed to have been arrested for years old distributing testimony from victims of the violent attack on NLD members at Depayin Political Party / NLD / Dagon Township in May 2003. He has been arrested on Role / Place account of his political activities before. Sentence / 7 years / 1950 EPA, 5[j] Legislation Date of Arrest June 2003 Prison Held Insein Health Concerns Torture YES Concern Profession Builder

45. Name / Age OHN THAN (U) / Male, 58 He was reportedly arrested for staging a years old peaceful one man protest outside United Nations offices in Yangon, calling for the Political Party / Dagon Yangon convening of parliament under UN Role / Place

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Sentence / two years / 515 b supervision, and for an investigation into the Legislation attack on NLD members at Depayin on 30 May 2003. He was reportedly sentenced for Date of Arrest September 2004 inciting unrest. This is reportedly his third Prison Held Insein Prison period of imprisonment for political reasons. Health Concerns Torture Concern Profession Forestry Department Employee

46. Name / Age PHYO MIN THEIN / Male, He is believed to have been arrested in not known connection with student demonstrations after Daw Aung San Suu Kyi received the Political Party / ABFSU, DPNS / Tanyin Nobel Peace Prize. He received a second Role / Place Yangon sentence while imprisoned in Insein Prison, Sentence / 14 years / 1950 EPA, 5 [j], for allegedly making a cover of a magazine Legislation UAA 17/1 to commemorate the 75th anniversary of Yangon University, prepared clandestinely Date of Arrest December 1991 by prisoners, and for discussing sending Prison Held Myingyan information on human rights violations in the prison to the United Nations. A total of Health Malnutrition, heart problems 24 prisoners were given sentences at the Concerns beginning of 1996 in connection with their Torture YES circulation of news within the prison, their Concern preparation of a magazine, and their attempts to report on human rights Profession Student violations in the prison. While authorities investigated the incident many were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. He was reportedly severely tortured during interrogation, and is reported to have health problems during his detention. Two persons sentenced at this

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Myanmar’s Political Prisoners: A Growing Legacy Of Injustice 49

time subsequently died in custody.

47. Name / Age SAN YA / Male, not known He is reported to have been sentenced in September 2004 with three NLD members Political Party / NLD Mon State for allegedly receiving foreign satellite Role / Place stations without official permission for Sentence / Seven years' imprisonment / satellite use. Legislation 1950 EPA, 5[j]; UAA 17 (1) Date of Arrest July 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession 48. Name / Age SAW HLAING (U) / 49 He was sentenced for having years old “unlicensed” computers and was reportedly denied access to legal counsel. Political Party / NLD MP-elect, Indaw He has been repeatedly arrested for Role / Place Township / Sagaing Division political reasons, including in 1974; Sentence / 12 years 1990; 1998 and 2003. Legislation Date of Arrest 30 March 2005 Prison Held Katha Health Chronic backache, arthritis Concerns Torture Concern Profession Lawyer 49. Name / Age SAW NAN DI / Male dob He was reportedly arrested for representing 1935 farmers’ complaints about the rice trade. U Sai Phat, vice chairman of NLD Shan State Political Party / NLD / Divisional organizational committee, who was Role / Place Organizational Committee arrested with him died one month after

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chairman / Kengtung Shan arrest, reportedly of cerebral malaria. state Sentence / 7 years six months / 1950 Legislation Emergency Provisions Act, 5j, 33 of the Drug Special Act Date of Arrest September 2002 Prison Held Kengtung Prison Health liver and kidney disease Concerns Torture Concern Profession Politician

50.

Name / Age SAW NE DUN (U) / c.84/5 U Saw Ne Dun was sentenced for alleged years old support for the formation of a government in exile, after authorities failed to recognize Political Party / NLD TOC chairman / Pauk the results of the 1991 elections. His wife Role / Place Hkaun Bago Division died on her way to see him in prison in Sentence / 17, commuted to 10 years early 2004. Legislation 1.1.93 / 1950 EPA, 5 [j], BPC, 124 (A)

Date of Arrest 1991 Prison Held Tharawaddy Prison Health asthma, hypertension, heart Concerns problems Torture Concern Profession

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51. Name / Age SEIN HLA OO (U) AKA Authorities alleged that he had told foreign MAUNG NGWE OO / aged diplomats and journalists "fabricated news" 66 dob 1938 and distributed documents produced by expatriate groups "to cause Political Party / NLD / MP-elect / Insein 2 misunderstanding of the government". He is Role / Place Yangon also being made to serve the remainder of a Sentence / 7 years + remainder of 10 previous prison sentence for political Legislation years previous term / 1950 reasons, because authorities stated that he EPA 5 [j] “breached his promise and secretly carried out anti-gov't activities.” He had been Date of Arrest August 1994 previously detained between 1990 and 1993 Prison Held Myitkyina Prison for allegedly taking part in a discussion about the formation of a parallel Health hypertension, hernia government. He is being held approximately Concerns several days journey from his family by Torture road. Concern

Profession Former Newspaper Editor And Film Critic 52. Name / Age SET AUNG NAING / aged c. He is believed to have been arrested on 30 account of his peaceful activities to campaign for the establishment of a student Political Party / Thingangyun Yangon union in Myanmar, which authorities Role / Place categorized as activities "to foster student Sentence / 14 years / 1950 EPA, 5 [j], dissatisfaction against the government." Legislation UAA 17 (1) (2) His father, U Hla Shwe, was sentenced at the same time for allegedly helping prepare Date of Arrest 24 January 1998 a history of the student movement in Prison Held Myingyan Prison Myanmar. This is Set Aung Naing's second term of imprisonment. Set Aung Naing is Health kidney disease believed to have been previously arrested in Concerns connection with the political activities of Torture YES his family members. He was reportedly Concern severely tortured in September 1990, and is suffering from kidney disease. He is being Profession Student held 400 miles from his home, a journey of approximately 12 hours by road.

53. Name / Age SHWE MAUNG / Male, He is reported to have been arrested for moulding a large replica of a khamauk, a hat

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not known traditionally worn by rice farmers in Myanmar, and a symbol used by the NLD. He and local Political Party / NLD / Mandalay NLD activists reportedly celebrated the making Role / Place of the hat by offering food to local residents in Sentence / Three years / not known Mandalay. He was reportedly charged with Legislation handling stolen goods, charges which are believed to be fabricated, accused in a press Date of Arrest November 2002 conference of trying to incite unrest, and held Prison Held Mandalay for a considerable period of time in solitary confinement in a cell without light. Health Concerns Torture Yes Concern Profession Goldsmith 54.

Name / Age SHWE OHN (U) / 82 He was placed under house arrest for taking years old part in a Shan National Day meeting in Taunggyi on 7 February 2005. It was reported Political Party / Democratic League for that participants discussed the future of the Role / Place the National Races of the Shan State and the role of the ceasefire groups Shan State (abolished) / at the National Convention. He was previously Shan veteran politician arrested in December 1992 and sentenced to Sentence / Reportedly one year of one year imprisonment for writing and Legislation house arrest / 1975 SPL distributing an essay on the form the new 10 (B) constitution should take. Date of Arrest 8 February 2005 Prison Held House arrest Health Concerns Torture Concern Profession Lawyer and writer

55. Name / Age SOE HAN / Male, c. 50 He was sentenced in connection with the issuing of an NLD statement calling for the Political Party / NLD DOC member, legal lifting of restrictions against party members, Role / Place advisory chair / Yangon

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Sentence / 21 years / 1950 EPA, 5 [j], including Aung San Suu Kyi, who was Legislation PPRA 17/20 under house arrest at the time. He is a former chief court advocate. He served part Date of Arrest September 2000 of a three month sentence handed down in Prison Held Insein Prison or Thayet June 2000. He was reportedly widowed in Prison 2000 and is in a poor state of health. He was reportedly penalized for taking part in a Health Concerns eye problems hunger strike in Insein Prison in May 2005, Torture and is believed to have been transferred to Concern Thayet Prison. Profession Lawyer

56. Name / Age SOE MYINT (U) AKA He was arrested in 1992 on account of his SAYA SOE / Male, not former affiliations with the Communist known Party of Burma, and reportedly because he composed a song commemorating the Political Party / Alleged CPB / Hlaing election victory of the National League for Role / Place township Yangon Democracy. He was given a second sentence Sentence / 22 years (10 + 7 + 5) / 1950 for his participation in a group in prison who Legislation EPA, 5 [j], 5 [e], UAA 17/1, coordinated the production of a magazine, for which he reportedly wrote some songs Date of Arrest 1992 and short stories. A total of 24 prisoners Prison Held Tharawaddy Prison were given sentences at the beginning of 1996 in connection with their circulation of Health rheumatoid arthritis news within the prison, their preparation of a Concerns magazine, and their attempts to report on Torture YES human rights violations in the prison. While Concern authorities investigated him and others were held in cells designed for military dogs, Profession Veterinary Doctor made to sleep on concrete floors without bedding during winter months, and deprived of food and water. He was held in a dog cell between November 1995 and January 1996. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. This is his third period of imprisonment for political reasons.

57. Name / Age SOE MYINT (U) / Male, He was arrested in connection with NLD calls

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58 years old dob 1946 to convene parliament in 1998. He was reportedly admitted to Insein Prison hospital in Political Party / NLD / MP-elect / Min Bu1 September. His son, Lin Lin Tun, was also Role / Place Magway Division imprisoned in the same connection, and is Sentence / 14 or 28 years suffering from heart and gastric disease in Legislation Mandalay Prison. Date of Arrest September 1998 Prison Held Insein Prison (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998) Health heart condition, arthritis, Concerns high blood pressure, paralysis Torture Concern Profession Former Teacher And Businessman 58. Name / Age THAN HLAING / Male, not He was arrested after he protested against known the confiscation of his land used for rice paddy by the army and the Union Solidarity Political Party / NLD and Development Association, by leading Role / Place others whose land had been taken to local Sentence / Seven years' imprisonment / authorities to ask for its return. He was Legislation 1950 EPA, 5 [j] reportedly denied access to lawyers at his trial. Date of Arrest 2000 Prison Held Taungoo Prison Health Concerns Torture Concern Profession Farmer

59. Name / Age THAN HTAY (U) He was arrested in August 2004, and was reportedly sentenced with his son, Than Political Party / NLD MP elect, Lashio Shan Htun Oo, his nephew and one other for Role / Place State alleged infringements under import and Sentence / Three years export legislation, relating to his son's

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Myanmar’s Political Prisoners: A Growing Legacy Of Injustice 55

Legislation electronic shop. It is believed that he was sentenced in connection with his political Date of Arrest August 2004 activism, and his refusal to cease political Prison Held Insein Prison activities. He had reportedly been under pressure from local SPDC authorities to Health Yes, kidney problems when resign from his position of elected MP and Concerns previously detained was also reportedly active in an NLD Torture signature gathering campaign for the release Concern of Daw Aung San Suu Kyi. He was arrested in September 1998 and detained by Profession Lawyer authorities after refusing to report twice daily to them and not to travel. He was also held in incommunicado detention in 1996 to prevent him from attending an NLD meeting.

60. Name / Age THAN HTAY (MA) AKA She and another nun staged a peaceful MALAYI / female, not protest outside City Hall in Yangon, the known capital of Myanmar, calling for political dialogue and protesting increases in food Political Party / Lemyethna prices. Authorities stated that they were Role / Place committing "destructive acts in the name of Sentence / 13 years / 1950 EPA, 5 [j], religion", and had been instructed to do this Legislation UAA 17 (1), Immig. Act 13 by the opposition in exile. She was also (1) charged under the Immigration Act for leaving the country illegally. She is being Date of Arrest 16 January 2003 imprisoned at least 12 hours by road from Prison Held Insein Prison her home. Health Concerns Torture Concern Profession Nun

61. Name / Age THAN MIN ALIAS TIN Than Min was sentenced for sending TUN AUNG / dob c. 1958 allegedly "threatening" letters written by NLD MP-elect Dr. Aung Khin Sint and Political Party / NLD EC member / Mingala information about the NLD to National Role / Place Thaungnyunt Yangon Convention delegates, characterized by Sentence / 20 years / UAA 17 (1), 1950 authorities as "instigative letters for

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Legislation EPA, 17(1), 1962 PPRA 17/20 disrupting the National Convention". Date of Arrest 03/08/93 Prison Held Taungoo Prison Health Concerns Torture Concern Profession

62. Name / Age THAN NYEIN (DR.) / 67 He was arrested for attempting to arrange a years old dob 1937 meeting of local NLD activists with the party's General Secretary, Daw Aung San Political Party / NLD MP-elect / MP-elect / Suu Kyi. He is being held beyond the Role / Place Kyauktan 1 Yangon expiry of his sentence under an Sentence / Seven years / SPL, 10 (a) administrative detention law that allows Legislation 1950 EPA, 5 [j] authorities to hold prisoners without charge or trial. He went on hunger strike in Date of Arrest 28/10/97 October 2004 to protest this, and was Prison Held Pyay prison reportedly transferred as a punishment to Tharawaddy Prison before being returned to Health chronic liver cirrhosis, heart Insein hospital. He has been repeatedly Concerns disease, hypertension, renal hospitalised during his imprisonment. He stones and bleeding, swollen was moved for the fourth time since his abdomen sentence expired, in January 2005, to Pyay Torture Prison Concern Profession Medical Doctor

63. Name / Age THAN OO (KO) / M He was arrested in August 1996, reportedly for planning a student group meeting to Political Party / discuss world affairs, the UN, ASEAN, Role / Place ethnic minority issues and political and Sentence / Seven years / 1950 EPA, 5 [j] social conditions. Legislation Date of Arrest 9 August 1996 Prison Held Myingyan Prison

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Health Concerns Torture Concern Profession Student

64. Name / Age THAN THAN HTAY (DAW) She is reported to have been sentenced in / female, not known September 2004 with three other NLD members for allegedly receiving foreign Political Party / NLD Women's Wing, DOC satellite stations without official permission Role / Place member / Magway Division for satellite use, and under suspicion of Myothit 2 communicating news to opposition groups Sentence / Seven years' imprisonment / in exile. She and others were reportedly not Legislation 1950 EPA 5j, 13 (1) allowed to testify in court. Date of Arrest 8 June 2004 Prison Held Health Concerns Torture Concern Profession 65. Name / Age THAN THAN HTAY (MA) She was reportedly arrested for taking part in / f dob 1967 campaigns on education initiated by student groups in exile. She was previously Political Party / Yangon imprisoned on account of her activities as a Role / Place member of the ABFSU. Sentence / 17 years / 1950 EPA, 5 [j], Legislation UAA 17 (1) Date of Arrest 2000 Prison Held Insein Prison Health Concerns arthritis Torture Concern Profession

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66. Name / Age THAUNG TUN, AKA He is reported to have been sentenced to NYEIN THIT / Male, not eight years imprisonment for allegedly known making unauthorised video tapes, including of forced labour, and sending them outside Political Party / NLD / Mandalay the country. He is a well-known poet, and Role / Place has also worked for the MV media group. Sentence / Eight years / 17 (1), 13 (1) Legislation Immigration Act Date of Arrest October 1999 Prison Held Mawlamyine Prison Health gastric ulcer Concerns Torture Concern Profession Poet

67. Name / Age THEIN NAING OO(U) / He was sentenced in September 2003 for allegedly distributing information about the Political Party / NLD Dallah Yangon attack on NLD members at Depayin on 30 Role / Place May 2003. Sentence / Seven years / 1950 EPA 5 Legislation [j] Date of Arrest June 2003 Prison Held Insein Prison Health Concerns YES Torture Concern Profession 68.

Name / Age THET NAUNG SOE / Thet Naung Soe, a final year law student, Male, not known was arrested for staging a peaceful demonstration outside City Hall in Yangon, Political Party / with fellow law student Khin Maung Win. Role / Place

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Sentence / 14 years / 1950 EPA, 5 [j] He had reportedly handed out leaflets the Legislation previous day, calling on authorities to initiate political dialogue with the NLD. Date of Arrest 18 August 2002 Prison Held Insein Prison Health Concerns Mental illness Torture Concern Profession Student

69. Name / Age THET WEI / Male, not He was sentenced in connection with U Ohn known Than’s peaceful demonstration outside UNDP offices in Yangon. Political Party / NLD TOC chairman / Role / Place Sanchaung Yangon Sentence / Two years Legislation Date of Arrest September 2004 Prison Held Health YES Concerns Torture Concern Profession

70. Name / Age THET WIN AUNG Male, Thet Win Aung was arrested in connection dob c. 1972 with peaceful student demonstrations which protested against the poor quality of Political Party / ABFSU / Member / education and the human rights situation in Role / Place Tamway Township Myanmar. This is the second time he has Sentence / 59 years / 1950 EPA 5[j] been detained -- he was reportedly held in Legislation UAA 17 (1) prison for 9 months in 1991, during which period he is reported to have been tortured. Date of Arrest 4 October 1998

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Prison Held Mandalay Prison He is being held around 400 miles from his home, a journey of around 12 hours. Health Mental illness, malaria and Concerns other ailments Torture YES Concern Profession Student

71. Name / Age THET OO / c. 45 He was arrested for the alleged distribution of New Era, an opposition journal Political Party / produced in Thailand. Role / Place Sentence / 20 years imprisonment / UAA, Legislation 17(1) 1950 EPA, 5(1), 1962 PPRA, 17/20 Date of Arrest 19/06/93 Prison Held Tharawaddy Prison Health He reportedly has one leg Concerns disabled by polio, hypertension and Menier's disease, and hearing problems Torture Concern Profession Businessman

72. Name / Age TIN TIN NYO (Ma) (f) She was sentenced in September 2003 for allegedly writing to Daw Aung San Suu Kyi Political Party / NLD Dallah Yangon about the state of education in the country. Role / Place Sentence / Seven years / 1950 EPA 5 Legislation [j] Date of Arrest June 2003 Prison Held Insein Prison Health Concerns YES

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Torture Concern Profession c. 40 years old

73. Name / Age TIN TIN OO (MA) AKA She and another nun staged a peaceful THAYZAWADDY / female protest outside City Hall in Yangon, the capital of Myanmar, calling for political Political Party / Labutta Ayeyarwady Division dialogue and protesting increases in food Role / Place prices. Authorities stated in a press Sentence / seven or 15 years' conference that they were committing Legislation imprisonment / 1950 EPA,5j, "destructive acts in the name of religion", UAA 17 (1), Immigration Act 3 and had been instructed to do this by the (1) opposition in exile. She was also charged under the Immigration Act for leaving the Date of Arrest 16/01/03 country illegally. Prison Held Insein Prison Health Concerns Torture Concern Profession Buddhist Nun

74. Name / Age TIN MYINT (U) / Male, not He was arrested with three other NLD known members, and reportedly sentenced for owning satellite television equipment Political Party / NLD TOC secretary / without official permission. He and others Role / Place Thingangyun Yangon were reportedly not allowed to present Sentence / Seven years' imprisonment / testimony during the trial. Legislation 1950 EPA 5 [j], 13 (1) Date of Arrest 8 June 2004 Prison Held Insein Prison Health Concerns Torture

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Concern Profession

75. Name / Age TIN OO (U) / aged 77 dob He was detained by authorities after he and 1927 other NLD officials and members were violently attacked in what is believed to Political Party / NLD vice Chairman have been a state orchestrated operation. He Role / Place was held in Kalay Prison and transferred Sentence / 1975 SPL into house arrest in February 2004. He was Legislation held in Insein Prison between 1990 and 1995 on account of his peaceful political Date of Arrest 30 May 2003 activities. He has also been made to remain Prison Held house arrest under effective house arrest during successive crackdowns on NLD political Health Deep vein thrombosis activities, including in September 2000, Concerns after he and other senior officials of the Torture NLD had been prevented from leaving the Concern capital on party business. His detention was increased by a further year on 13 February Profession Former Chief Of Staff Of 2005. Armed Forces And Former Minister Of Defence

76.

Name / Age TUN LIN KYAW, male He was arrested for staging a peaceful one- aged 28 years old man demonstration outside City Hall in Yangon on 14 December 2004. He Political Party / NLD Youth member, reportedly protested the continued detention Role / Place Sanchaung Yangon of Daw Aung San Suu Kyi, and called for Sentence / Seven years, 1950 EPA, 5 [j] her release. He was reportedly sentenced in Legislation February 2005. Date of Arrest December 2004 Prison Held Health Concerns Torture Concern

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Profession Former bodyguard for Daw Aung San Suu Kyi

77. Name / Age TUN MYINT AUNG / Male, He was arrested in connection with student not known support for the convening of parliament. He was mentioned in a press conference by Political Party / Kyimindine Yangon Division authorities in October 1998 and was Role / Place charged with contacting people to take part Sentence / 21 years' imprisonment / 1950 in calls for the convening of parliament. Legislation EPA, 5[j], UAA 17 (1) He is a former political prisoner who after his release opened a gallery with a Date of Arrest August 1998 prominent artist. He is being held nearly Prison Held Myingyan Prison 400 miles from his home, a journey of at least 11 hours by train. Health oedema Concerns Torture YES Concern Profession Art Gallery Manager

78. Name / Age WIN HTUT LWIN / Male, He was arrested with four others for the not known formation without official permission of a student union; distributing a statement Political Party / South Okkalappa 1 Yangon about the student union to several Role / Place universities, and planning to hold a Sentence / 13 years / SLORC Law 6/88 students' conference on Human Rights Day, Legislation 10 December 2003. He was allegedly the student union's Executive Committee Date of Arrest 16 July 2003 member. It is believed that he and others Prison Held Insein Prison were tortured during interrogation. Health Concerns Torture YES Concern Profession Student ( Chemistry)

79.

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Name / Age WIN HTEIN / aged c. 54 dob Win Htein was sentenced for allegedly 1950 organizing farmers and NLD members to collect agricultural statistics, including Political Party / NLD / Insein Yangon video footage of dry rice-fields and for Role / Place instructing a young man to be interviewed Sentence / 7 + 7 years / 1950 EPA, 5 [j] about the torture of political prisoners in Legislation Myanmar's jails. He is a senior advisor to Aung San Suu Kyi. This is the second time Date of Arrest 22 May 1996 since 1989 that Win Htein has been Prison Held Myingyan Prison detained for his peaceful political activities. Win Htein was previously detained as a Health Concerns acute spondylitis, high blood prisoner of conscience between 1989 and pressure and migraines 1995. He is being held at least 12 hours Torture YES journey by public transport from his home. Concern Profession Business Consultant And Retired Army Officer

80. Name / Age WIN KYWE (U) / Male, not He was charged with distributing journals, known leaflets and cassettes that criticized authorities and sending news stories to Political Party / NLD TOC member / Ye Mon journals and radio stations outside Role / Place State Myanmar, including Radio Free Asia. Sentence / 10 years / 1950 EPA, 5 [j], Authorities characterized these in a press Legislation UAA 17 (1) conference in January 1999 as "acts to create panic among local residents". Date of Arrest 22/12/98 Prison Held Mawlamyine Prison Health stroke and other ailments Concerns Torture Concern Profession

81. Name / Age WIN TIN AKA U WIN TIN / He is serving a 20 year prison sentence. He aged 74 dob 1930 has received three separate sentences while imprisoned-- firstly for harbouring a girl Political Party / NPF, NLD who had received an illegal abortion,

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Role / Place secondly, while still imprisoned for "giving seditious talks, organizing Sentence / 20 years / Section 216 of the subversive movements within the NLD and Legislation Burmese Penal Code, 1950 writing and publishing pamphlets to incite EPA 5 [j],[e] treason against the state." His third prison Date of Arrest July 1989 sentence of 7 years was given for allegedly writing political analyses: authorities stated Prison Held Insein Prison he "secretly published anti-government Health spondylitis, heart disease, propaganda to create riots in jail". A total of Concerns haemorrhoids 24 prisoners were given sentences at the beginning of 1996 in connection with their Torture circulation of news within the prison, their Concern preparation of a magazine, and their Profession Journalist; Editor attempts to report on human rights violations in the prison. While authorities investigated the incident many, including U Win Tin, were held in cells designed for military dogs, made to sleep on concrete floors without bedding during winter months, and deprived of food and water. They were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. Two persons sentenced at this time subsequently died in custody, one of whom was in his 30s. He has chronic health problems, including spondylitis.

82. Name / Age YE KYAW SWA / m He was arrested for his part in widespread student demonstrations calling for the Political Party / ABFSU / Yangon legitimisation of student unions and the Role / Place release of political prisoners. He was Sentence / 19 years / 1950 EPA, 5 [j], tortured in detention, and is reported to have Legislation UAA 17(1), PPRA 17/20 brought this to the attention of the court at his trial. He was previously detained Date of Arrest 29/12/96 between 1989 and 1994, when he was a high Prison Held Myingyan Prison school student. He is being held more than 300 miles from his home, a journey of more Health depression than 11 hours by train. Concerns Torture YES Concern

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Profession Student

83. Name / Age YE HTUT / dob c. 1964 He was sentenced for allegedly sending "concocted news to dissident groups outside Political Party / Yangon Myanmar in order to mislead foreign Role / Place nations." He stated that he had corresponded Sentence / Seven years / 1950 EPA, 5 with his sister to whom he sent clippings Legislation [j] from public Burmese newspapers and magazines and personal letters from family Date of Arrest 27 September 1995 and friends. He is being held 340 miles from Prison Held Thayet Prison his home, a journey of approximately 10 hours by public transport. Health Concerns Torture Concern Profession

84. Name / Age YE TUN (KO) / M He was arrested in August 1996, reportedly for planning a student group meeting to Political Party / discuss world affairs, the UN, ASEAN, Role / Place ethnic minority issues and political and Sentence / 13 years / 1950 EPA, 5 [j] social conditions. Legislation Date of Arrest 9 August 1996 Prison Held Thayet Prison Health Concerns Torture Concern Profession Student

85. Name / Age YE MYINT KYAW (KO) He was arrested in connection with student OR KO YE MIN KYAW / demonstrations calling for the legitimisation m of student unions. Political Party /

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Role / Place Sentence / 14 years / 1950 EPA, 5[j] Legislation Date of Arrest 19 January 1997 Prison Held Pathein Prison Health Concerns Torture YES Concern Profession Student From Dagon University

86. Name / Age YI YI WIN (MA) / f She is reported to have been sentenced in September 2004 with three NLD members Political Party / NLD member / Theinyazat for allegedly receiving foreign satellite Role / Place Mon state stations without official permission for Sentence / Seven years' imprisonment / satellite use. She and others were Legislation 1950 EPA, 5[j], 17 (1), reportedly not allowed to testify in court. Date of Arrest July 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

87. Name / Age ZAW MYINT MAUNG He was imprisoned for his alleged (DR) / aged 53 dob 1951 participation in discussions about the formation of a parallel government in Political Party / NLD / MP-elect / Mandalay, and was sentenced at a military Role / Place Amarapura 1 Mandalay tribunal with no legal representation. He is Division believed to have been deprived of food and Sentence / 20 years, commuted to 10 + sleep during interrogation. He was one of a

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Legislation 7 years (17 yrs) / 1950 EPA, total of 24 prisoners given further prison 5 [e], BPC,122/1, PPRA sentences at the beginning of 1996 in 17/20 connection with their circulation of news within the prison, their preparation of a Date of Arrest November 1990 magazine, and their attempts to report on Prison Held Myitkyina Prison human rights violations in the prison. He was alleged to have written two poems and Health hepatitis to have signed a petition for the release of Concerns Aung San Suu Kyi. While authorities Torture YES investigated he and others were held in cells Concern designed for military dogs, made to sleep on concrete floors without bedding during Profession Doctor winter months, and deprived of food and water. He was held in a dog cell between November 1995 and January 1996. The group were also reportedly denied legal representation at their trial, at which a number reported that they had been tortured. He is being held more than 400 miles from his home.

88. Name / Age ZAW WIN / Male, late 40s He was charged by authorities for distributing leaflets and stickers, which Political Party / NLD TOC member / Ye Mon authorities characterised as "anti- Role / Place State government propaganda", and for allegedly Sentence / 10 years' / 1950 EPA 5[j], passing "false" news to Radio Free Asia. Legislation UAA 17 (1) Date of Arrest late 1998 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession Carpenter

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POSSIBLE PRISONERS OF CONSCIENCE

89. Name / Age ANNUL (KO) AKA WIN He was arrested in connection with TIN demonstrations in support of the NLD in Bago Division. Individuals arrested at the Political Party / Muslim time in Bago were reportedly subjected to Role / Place severe torture. Sentence / 25 years with hard labour / Legislation 1950 EPA. 5 [j], UAA 17(1) PPRA 17/20 Date of Arrest 19 July 1999 Prison Held Tharawaddy Prison Health Tuberculosis Concerns Torture Concern Profession Trader

90. Name / Age AUNG KO KO He is believed to have been arrested in connection with NLD calls to convene Political Party / Sanchaung township Yangon parliament in September 1998. Role / Place Division Sentence / 14 years imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest September 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

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91.

Name / Age AUNG NAING THU / Male, He was reportedly sentenced for alleged not known contact with opposition political groups in exile. His mother, Daw Hnin Pa Pa, was Political Party / NLD Youth / Mandalay also sentenced in the same case. Role / Place Sentence / 12 years' imprisonment / not Legislation known Date of Arrest December 2003 Prison Held Mandalay Prison Health Concerns Torture Concern Profession University Student

92. Name / Age AUNG SOE MIN / Male, He was arrested in connection with student not known protests for the formation of people's parliament in September 1998. In 2003 he Political Party / North Okkalappa Yangon reportedly went on hunger strike with two Role / Place other political prisoners, as they were being Sentence / 14 or 21 years / 1950 EPA, 5 denied reading and writing materials. He is Legislation [j] being held at least 12 hours by train from his home. Date of Arrest 02/09/98

Prison Held Mandalay Prison (photograph from Myanmar TV broadcast of SPDC Health press conference on recent arrests, October 1998) Concerns Torture Concern Profession Student

93.

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Name / Age AUNG ZAW OO / Male, not He was reportedly arrested in connection known with demonstrations planned by opposition groups in exile and for possessing written Political Party / ABFSU / Myingyan materials that had not been approved by the Role / Place Mandalay Division official censor. He was transferred from Sentence / 14 years' imprisonment / Pathein to Tharawaddy for participating in a Legislation 1950 EPA, 5j, PPRA, 17/20 hunger strike in 2003 calling for the release of Aung San Suu Kyi. Date of Arrest 1999 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession Private Tuition Teacher

94. Name / Age AUNG AUNG (KO) / Not He was reportedly sentenced with 10 known others for allegedly passing news about the situation in the country to opposition Political Party / NLD Youth / Mandalay political groups in exile. Role / Place Sentence / Seven years' imprisonment Legislation Date of Arrest December 2003 Prison Held not known Health Concerns Torture Concern Profession Rice And Gold Rings Merchant

95. Name / Age AUNG GYI / m He was arrested in connection with student demonstrations for the formation of a student Political Yangon Division union in December 1996. Party /

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Role / Place Sentence / 10 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of 20 December 1996 Arrest Prison Held Health Concerns Torture Concern Profession 96. Name / Age AUNG KYI / m He was sentenced for possession of written materials of a political nature. He was Political Party / NLD / Mandalay arrested during a crackdown on NLD Role / Place members and supporters in the summer of Sentence / Seven years imprisonment / 1996. Legislation 1950 EPA, 5j, Penal Code, 122/2 Date of Arrest June 1996 Prison Held Mandalay Prison Health Concerns Torture Concern Profession Engineer and Artist 97. Name / Age AUNG MYO SAN, Male He was arrested with three other NLD members and another political activist. He was Political Party / NLD member, Kamayut reported to have been denied access to family Role / Place Yangon / and lawyers, and to have been sentenced to life Sentence / Reportedly to life imprisonment in June 2005. Legislation imprisonment Date of Arrest December 2004 Prison Held Insein Prison

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Health Concerns Torture Concern Profession

98. Name / Age AYE AYE SWE (MA) (F) / She is believed to have been arrested in Female, not known connection with calls to convene parliament in September 1998. Political Party / Kyimyindine Yangon Division Role / Place Sentence / 10 years imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest September 1998 Prison Held Tharawaddy Prison (photograph from Myanmar TV broadcast of SPDC Health press conference on recent arrests, October 1998) Concerns Torture Concern Profession Civil Servant

99. Name / Age BA CHIT / Male, dob 1951 He was arrested in connection with planned demonstrations in Bago division and accused Political Party / NLD Division OC member of being a member of the ABSDF. Persons Role / Place / Bago Division arrested in this area were reportedly severely Sentence / 29 years with hard labour / tortured. Legislation 1950 EPA, 5 [j], UAA, 17/1 Date of Arrest 18/07/99 Prison Held Tharawaddy Prison Health Concerns Torture Concern

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Profession Merchant

100.

Name / Age BA CHIT / Male, c 70 He was arrested in connection with planned years old demonstrations in Bago division and accused by authorities of receiving leaflets produced by Political Party / / Bago Division the opposition in exile. Persons arrested in this Role / Place area were reportedly severely tortured. Sentence / 24 years with hard labour / Legislation 1950 EPA, 5 [j], UAA, 17/1, PPRA 17/20 Date of Arrest 18/07/99 Prison Held Tharawaddy Prison Health Reported to be in a Concerns declining state of health, hypertension, mental health problems Torture Concern Profession Former army captain

101. Name / Age BA MYINT (U)/ Male He was arrested with three other NLD members and another political activist. He was Political Party / NLD Township OC reported to have been denied access to family Role / Place chairman, Ahlone Yangon / and lawyers, and to have been sentenced to life Sentence / Reportedly to life imprisonment in June 2005. Legislation imprisonment Date of Arrest December 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

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102.

Name / Age BA TINT (U)/ Male He was arrested with three other NLD members and another political activist. He was Political Party / NLD member, Ahlone reported to have been denied access to family Role / Place Yangon / and lawyers, and to have been sentenced to life Sentence / Reportedly to life imprisonment in June 2005. Legislation imprisonment Date of Arrest December 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

103.

Name / Age BO GYI (U) He was reportedly arrested with U Pe Tin for allegedly distributing leaflets legally Political Party / NLD / Township secretary / printed and distributed by the NLD. The Role / Place Shwekyin Township, Bago leaflets reportedly elections of speeches on Division democracy by Aung San, the father of Daw Sentence / 7 years / 1962 PPRA 20 Aung San Suu Kyi. They were reportedly Legislation sentenced on 27 May. Date of Arrest 13 May 2005 Prison Held Health Yes Concerns Torture Concern Profession 104.

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Name / Age CHAN MYA AUNG (MA) She was arrested in a crackdown on female opposition activists and students in September 1998, after opposition calls for Political Party / NLD Youth convening parliament, and student Role / Place demonstrations. Many of those arrested at Sentence / 7 years / 1950 EPA, 5 [j] the time were reportedly tortured in Legislation detention. It is believed that up to 54 other activists were sentenced at the same time, Date of Arrest September 1998 among whom were at least 30 women Prison Held Insein Prison students. Health Concerns Torture Concern Profession

105. Name / Age CHIT MIN LAY AKA CHIT He was sentenced in connection with MIN NAY AKA CHIT MIN student demonstrations in favour of OO / Male, dob c. 1972 convening parliament. He also had reportedly formed a literary reading group. Political Party / ABFSU, Student and Youth He was reportedly tortured in detention, and Role / Place Unity Front was held incommunicado for some time. Sentence / 31 years imprisonment / 1950 Legislation EPA, 5 [j], UAA, 17 (1)

Date of Arrest 17/09/98 (photograph from Myanmar TV broadcast of SPDC Prison Held Mawlamyine Prison press conference on recent arrests, October 1998) Health Concerns Torture YES Concern Profession Student

106.

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Name / Age CHO MA HTWE She was arrested in connection with NLD calls to convene parliament in September Political Party / NLD, Kamayut Yangon 1998. Role / Place

Sentence / 7 or 14 years / 1950 EPA, 5

Legislation [j] (photograph from Myanmar TV broadcast of SPDC press Date of Arrest September 1998 conference on recent arrests, October 1998) Prison Held Mawlamyine Prison Health Hypertension, heart disease Concerns Torture Concern

Profession Trader

107. Name / Age HAN WIN AUNG (KO) / Han Win Aung was arrested for Male, not known distributing leaflets criticizing official plans for transition to democracy. He was Political Party / South Okkalappa 1 Yangon reportedly penalized for taking part in a Role / Place hunger-strike in Insein Prison in May Sentence / Seven years' imprisonment / 2005. Legislation 1950 EPA, 5[j] Date of Arrest 03/10/03 Prison Held Insein Prison Health Concerns Torture YES Concern Profession

108. Name / Age HLA HTUT SOE / Male, 39 He was reportedly arrested for possessing political written materials and accused of Political Party / CPB membership. He is a former political Role / Place prisoner. Sentence / 3 years / UAA 17 (1)

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Legislation Date of Arrest 25/09/02 Prison Held Insein Prison Health Concerns Asthma, mental problems Torture YES Concern Profession Private tuition teacher, sports writer

109. Name / Age HLA WIN AKA HARON / The reason for his arrest is believed to be Male, not known connected to Ko Aung Htun's preparation of a history of the student movement in Political Party / North Dagon Yangon Myanmar. He has had health problems in Role / Place detention. He is being held at least 9 hours Sentence / 14 years / 1950 EPA, 5[j], by road from his home (c. 187 miles) Legislation PPRA 17/20 Date of Arrest January 1998 Prison Held Mawlamyine Prison Health haemorrhoids Concerns Torture Concern Profession

110. Name / Age HLA WIN (KO) / Male, 28 He was arrested in connection with dob 1976 demonstrations planned in Bago division to support the NLD and the revision of civil Political Party / NLD / Bago Division servants' salaries. People arrested in this Role / Place area were reportedly severely tortured. Sentence / 25 years with hard labour / Legislation 1950 EPA, 5 [j], UAA 17(1) Date of Arrest July 1999 Prison Held Tharawaddy Prison Health

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Concerns Torture Concern Profession Student

111. Name / Age HNIN PA PA (F) / f She was arrested, reportedly for communicating with opposition groups in Political Party / NLD / Mandalay exile, and sentenced in April 2004. Role / Place Sentence / 7 years / not known Legislation Date of Arrest December 2003 Prison Held Mandalay Prison Health Concerns Torture Concern Profession Dancer

112. Name / Age HTAY LWIN OO / Male, He was arrested with a group of NLD not known members and allegedly sentenced for passing information to opposition groups in Political Party / NLD / Mandalay exile Role / Place Sentence / Seven years Legislation Date of Arrest December 2003 Prison Held Mandalay Prison Health Concerns Torture Concern Profession

113.

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Name / Age KHIN KYAW (U)/ Male He was arrested with three other NLD members and another political activist. He was Political Party / NLD member, Kamayut reported to have been denied access to family Role / Place Yangon / and lawyers, and to have been sentenced to life Sentence / Reportedly to life imprisonment in June 2005. Legislation imprisonment Date of Arrest December 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

114. Name / Age KHIN KYAW / Male, not He was arrested in connection with his known activities as executive committee member of the Free Trade Unions of Burma. Political Party / Official of the Seamen's Role / Place Union of Burma, Member of FTUB, ITF-affiliate of the International Transport Workers' Federation (IFT) / Yangon Sentence / 17 years imprisonment / Legislation 1950 EPA, 5[j]. UAA, 17 (1) Date of Arrest 13 June 1997 Prison Held Tharawaddy prison Health Concerns Torture Concern Profession 115. Name / Age KHAMMASARA (U) AKA U He and 19 novice monks at Maha SAN HLA / Male, c. 20 years Gandayon monastery in Yangon were old reportedly sentenced for refusing to eat a

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Political Party / Magway Division meal provided by Military Intelligence Role / Place officials to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Not known Health Concerns Torture Concern Profession Novice Monk

116. Name / Age KHIN MAUNG AYE / Male, He is believed to have been arrested in a not known crackdown on political activists and sentenced with c. 40 others, including Political Party / individuals who participated in the writing Role / Place of a history of the student movement in Sentence / 7 years' imprisonment / 1950 Myanmar. Legislation EPA, 5[j] Date of Arrest 02/02/98 Prison Held Insein Prison Health Concerns Torture Concern Profession Lawyer

117. Name / Age KHIN WIN ALIAS He was arrested in 2003 for allegedly making BODAW KHWIN WIN / connections with opposition groups in exile, receiving funds for "activities opposing the

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dob c. 1944 Government", forming "an illegal anti- government gang secretly", and planning to Political Party / NLD distribute documents to incite unrest. Role / Place Authorities made a rare response to reports Sentence / 20 years / 1950 EPA, 5 [j] that he had been tortured, including by Legislation electroshock therapy, saying that Military Intelligence has no tradition of using such Date of Arrest 2003 methods, and that the source of his nerve Prison Held Insein Prison problems came from sleeping with his hands under his pillow. This is his second period Health Concerns nerve damage to hands of imprisonment Torture YES Concern Profession

118. Name / Age KO MAUNG (KO) / Male, Ko Ko Maung is believed to have been not known arrested in connection with activities showing support for the establishment of the Political Party / NLD Youth / Yangon CRPP. Role / Place

Sentence / or 24 years / 1950 Legislation Emergency Provisions Act, (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998) section 5 [j]

Date of Arrest 02/09/98 Prison Held Myingyan Prison Health Concerns Torture Concern Profession

119. Name / Age KONTARA (U) AKA He and 19 others at Maha Gandayon KYAW MYINT / Male, c. 20 monastery in Yangon were reportedly years old sentenced for refusing to eat a meal

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Political Party / Sagaing Division provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

120. Name / Age KYAW AYE NAING / Male, Authorities stated that he had received not known funds from political groups in exile to support political prisoners. He was given a Political Party / NLD Youth (dismissed) / second term in 2002 while imprisoned in Role / Place Mayangone Yangon connection with a skirmish that happened Sentence / 8+7 years / UAA 17 (1), 5[d] between two prisoners, and was denied Legislation legal assistance. He is being held more than 170 miles from his home, a journey of more Date of Arrest 1999 than eight hours by road. Prison Held Mandalay Prison Health Concerns Torture Concern Profession

121. Name / Age KYAW HTUN MIN (KO) / He was arrested in connection with Male, dob c. 1979 demonstrations in support of the NLD in Bago division. Many people were arrested Political Party / Bago Division in this connection, and were reportedly Role / Place particularly severely tortured in detention. Sentence / 25 years' imprisonment / Legislation 1950 EPA 5 [j], UAA 17 (1) Date of Arrest 23 July 1999

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Prison Held Thayet Prison Health Concerns Torture Concern Profession Student 122.

Name / Age KYAW KYAW / Male, not He was arrested for illegally distributing known leaflets reportedly critical of the SPDC’s political plans for transition to democracy. Political Party / Mon state He was reportedly penalized for taking part Role / Place in a hunger strike in Insein Prison in May Sentence / Seven years' imprisonment / 2005. Legislation 1950 EPA, 5[j] Date of Arrest September 2003 Prison Held Not known Health Concerns Torture yes Concern Profession Student

123. Name / Age KYAW KYAW LWIN AKA He is believed to have been sentenced for U MAUNG LWIN / Male, distributing leaflets with information about not known the attack on members of the NLD on 30 May 2003, during which a number of Political Party / NLD / Kawthaung persons were killed and after which there Role / Place Tanintharyi Division were widespread arrests of NLD members Sentence / 10 years' imprisonment / 1950 and supporters. Legislation EPA, 5[j] Date of Arrest Prison Held Health Concerns

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Torture Concern Profession

124. Name / Age KYAW MIN THAN / Male, He is believed to have been sentenced in not known connection with student support for NLD calls to convene parliament. Political Party / Role / Place Sentence / 21 years' imprisonment / (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998) Legislation 1950 EPA, 5 [j] Date of Arrest September 1998 Prison Held Shwebo Prison Health Concerns Torture Concern Profession Student 125. Name / Age KYAW MIN (U) / Male, not He is believed to have been sentenced in known connection with NLD calls to convene parliament. Political Party / NLD Youth / San Chaung Role / Place township Yangon Sentence / 7 years' imprisonment / 1950 Legislation EPA, 5[j] Date of Arrest 02/09/98 Prison Held Mandalay Prison Health Concerns Torture Concern Profession

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126. Name / Age KYAW SOE MOE / Male, He was reportedly arrested for distributing not known leaflets criticising authorities' political plans for democracy. Political Party / Role / Place Sentence / 12 years' imprisonment Legislation Date of Arrest 4 October 2003 Prison Held Insein Prison Health Concerns Torture YES Concern Profession student

127. Name / Age KYAW TUN MIN (KO) He was arrested in connection with planned AKA AUNG KYAW AKA demonstrations about civil servants' salaries KO KYAW TUN MIN and commodity prices in Bago Division. SOE / Male, dob 1979 Persons arrested in this area were reportedly subjected to severe torture. Political Party / Bago Division Role / Place Sentence / 25 years with hard labour / Legislation 1950 EPA, 5 [j], UAA 17(1) Date of Arrest 04/08/99 Prison Held Thayet Prison Health Concerns Torture Concern Profession Student

128. Name / Age KYAW WAI SOE AKA He was arrested under suspicion of KYAW WEIGHT / Male, 26 involvement in plans by overseas groups to

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years old hold mass demonstrations, and for breaking the immigration act by illegally leaving the Political Party / NLD / Mawlamyine-2 Mon country. He was reportedly beaten on arrest. Role / Place State Sentence / 12 years' imprisonment / Legislation 1950 EPA, 5 [j], 13 (1) of the Immigration Act Date of Arrest August 1999 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession

129. Name / Age KYAW ZIN HTWAY (KO) / He was arrested in connection with calls for Male, not known the convening of parliament. He was transferred to another prison after taking Political Party / ABFSU part in a hunger strike in 2003 calling for Role / Place the release of Aung San Suu Kyi. Sentence / 28 years' / 1950 EPA, 5[j], Legislation UAA 17 (1) Date of Arrest September 1998 Prison Held Pathein Prison Health Concerns epilepsy Torture YES Concern Profession Clothes Shop Assistant

130. Name / Age KYI THA NYEIN / Male, dob He was arrested in connection with c. 1977 student demonstrations to support the

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Political Party convening of parliament. / Role / Place (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October Sentence / 21 or 14 years' imprisonment / 199580) EPA, 5 [j] Legislation PPRA 17/20 Date of Arrest September 1998 Prison Held Sittway Prison Health Concerns Torture Concern Profession Student (Economics)

131. Name / Age KYI THA OO / Male, not He was arrested in connection with student known demonstrations in support of the convening of parliament. Political Party / Yangon Role / Place Sentence / 14 years' imprisonment / Legislation 1950 EPA, 5 [j] Date of Arrest September 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

132. Name / Age KYI THA TUN / Male, not He was arrested in connection with student known demonstrations in favour of convening parliament. Political Party / Yangon

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Role / Place Sentence / 14 years' imprisonment / (photograph from Myanmar TV broadcast of SPDC Legislation 1950 Emergency Provisions press conference on recent arrests, October 1998) Act, Section 5 [j], PPRA 17/20

Date of Arrest November 1998

Prison Held Shwebo Prison

Health

Concerns

Torture Concern Profession Student

133. Name / Age KYI LWIN AKA THET He was arrested in connection with plans by HTWE / Male, not known the opposition in exile for mass dob 1971 demonstrations. Political Party / NLD / Tamway Yangon Role / Place Sentence / 21 years' imprisonment with Legislation hard labour / 1950 EPA, 5 [j], UAA 17(1), PPRA 17/20 Date of Arrest 02/11/99 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession Student

134. Name / Age KYI TUN / Male, not known He was arrested in connection with student demonstrations. Political Party / Role / Place Sentence / 14 years' imprisonment /

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Legislation 1950 EPA, 5 [j] Date of Arrest 1996 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

135. Name / Age LIN LIN TUN / Male, not He was arrested for illegally distributing known leaflets and having contact with opposition groups in exile, reportedly in support of the Political Party / NLD Youth / Kamayut NLD's call to convene parliament. . His Role / Place Yangon father, U Soe Myint, an elected NLD MP Sentence / 42 years' imprisonment / 1950 was imprisoned at the same time and is Legislation EPA, 5[j] suffering from health problems. Lin Lin Tun is being held at least Date of Arrest September 1998 12 hours by train from his home. Prison Held Mandalay Prison (photograph from Myanmar TV broadcast of SPDC Health heart disease and gastric press conference on recent arrests, October 1998) Concerns problems Torture Concern Profession Student

136.

Name / Age LWIN KO LATT / Male, not He was arrested for illegally distributing known leaflets reportedly critical of the SPDC’s political plans for transition to democracy. Political Party / ABFSU, Yangon He was reportedly penalized for taking part Role / Place in a hunger strike in Insein Prison in May Sentence / Seven years' imprisonment / 2005.

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Legislation 1950 EPA, 5[j] Date of Arrest September 2003 Prison Held Not known Health Concerns Torture yes Concern Profession Student

137. Name / Age LWIN MOE MYINT (KO) He was sentenced for his alleged AKA KO ZAR NI / Male, involvement in demonstrations to support dob 1972 the NLD and commemorate the 52nd anniversary of the assassination of Political Party / ABSFU / Bago Division independence leader General Aung San. Role / Place Sentence / Life imprisonment / 1950 Legislation EPA, 5 [j] UAA 17 (1) Date of Arrest 19 July 1999 Prison Held Tharawaddy Prison Health gastric ulcer Concerns Torture YES Concern Profession Student (Maths)

138. Name / Age MANDALA (U) AKA MYAT He and 19 others at Maha Gandayon MAW / Male, c. 18 years old monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Mon State provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5[j] Legislation Date of Arrest November 2003 Prison Held

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Health Concerns Torture Concern Profession Novice Monk

139. Name / Age MAUNG MAUNG AYE AKA He is believed to have been imprisoned for KO BAYDAR (M) / Male, possessing printed political materials. This not known is his second prison term. Political Party / Yangon Role / Place Sentence / 3 years' imprisonment / UAA Legislation 17 (1) Date of Arrest 25/09/02 Prison Held Insein Prison Health Concerns Torture Concern Profession

140. Name / Age MAUNG MAUNG AYE / Authorities stated in a press conference that Male, not known he was arrested for alleged contact with the NLD and NCGUB in Thailand, allegedly Political Party / Yangon bringing funds as assistance for former Role / Place political prisoners and for political Sentence / 13 years' imprisonment (3 activities, including demonstrations, and Legislation years + 5 years + 5 years / allegedly bringing news to Thailand about 1950 EPA, 5 [j] UAA 17 (1) & the political situation (2) Date of Arrest February 2003 Prison Held Insein Prison Health Concerns

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Torture Concern Profession

141. Name / Age MAUNG MAUNG LATT He was arrested in connection with four (KO) / m others, including Ne Min and Ye Thiha, for the alleged distribution of criticism of Political Party / South Okkalappa 1 Yangon official plans for political transition and Role / Place communication with opposition groups in Sentence / Seven years / 1950 EPA, 5 exile. He has a crippled leg, and had been Legislation [j] detained between 1996 and 2002 for alleged involvement in student demonstrations in Date of Arrest February 2004 December 1996 calling for the legitimisation Prison Held Insein Prison of student unions and the release of political prisoners. He was released in 2002, a year Health crippled leg before the expiry of his sentence, under Concerns section 401 of the Criminal Code. Other Torture prisoners released under this condition have Concern been rearrested for resuming political activities and have been made to serve the Profession Student remainder of their original sentence.

142. Name / Age MAUNG MAUNG MYINT / He was accused in a government press Male, not known conference of planning to distribute leaflets that authorities stated "contained seditious Political Party / North Okkalappa Yangon and false statements against the Role / Place government" that were "intended to mislead Sentence / 20 years' imprisonment / the people". This is his second period of Legislation 1950 EPA, 5 [j] imprisonment. Date of Arrest 5 February 2003 Prison Held not known Health Concerns Torture YES Concern Profession

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143. Name / Age MAUNG MAUNG (KO) / He was arrested in connection with his Male, not known alleged support for the convening of parliament. Political Party / DPNS Role / Place Sentence / 20 years / 1950 EPA, 5 [j], Legislation UAA 17(1) Date of Arrest September 1998 Prison Held Mandalay Prison, Health Concerns Torture Concern Profession

144. Name / Age MOE MAKHA / Male, c.26 He was arrested in connection with a years old statement issued by the NLD headquarters in 2000, and given an additional two years' Political Party / Taungoo Bago Division imprisonment for allegedly selling teak Role / Place without the correct license. Sentence / 9 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest 2000 Prison Held Toungoo Prison Health Concerns Torture Concern Profession Student (Zoology)

145. Name / Age MON GYI (KO) AKA SEIN He was arrested in connection with student LIN / M demonstrations calling for the legitimisation of student unions. He is being held at least Political Party / South Okkalappa 1 Yangon 170 miles from his home. Role / Place Sentence / 10 + 7 years imprisonment /

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Legislation 1950 EPA 5 [j], UAA 17 (1) Date of Arrest 19 January 1997 Prison Held Taungoo Prison Health Concerns Torture Concern Profession Student (History)At Dagon University

146. Name / Age MYAT THURA KYAW / He was arrested in connection with student Male, not known demonstrations. Political Party / Role / Place Sentence / 14 years imprisonment / Legislation 1950 EPA, 5 [j], UAA, 17 (1) Date of Arrest December 1996 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

147. Name / Age MYINT OO / Male, 35 years He was sentenced in connection with plans old, dob 1969 made by political groups in exile for mass demonstrations. Political Party / Role / Place

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Sentence / 25 years imprisonment with Legislation hard labour / 1950 EPA, 5 [j], UAA, 17(1), PPRA Date of Arrest 22/08/99 Prison Held Tharawaddy Prison Health gastric disease Concerns Torture YES Concern Profession Trader

148. Name / Age MYINT YI / Male, not He was sentenced for possessing printed known materials of a political nature. He is a former political prisoner. Political Party / Role / Place Sentence / Three years' imprisonment / Legislation UAA 17 (1) Date of Arrest September 2003 Prison Held Insein Prison Health Concerns Torture Concern Profession

149. Name / Age MYO AUNG / Male, 29 years He was sentenced to death in connection old dob 1975 with an alleged bomb plot against the SPDC. He was alleged only to have had Political Party / Bago Division leaflets, and to have had no involvement in Role / Place any plot. He was transferred from Pathein Sentence / 28 years' imprisonment or Prison after he and a group of other Legislation death / 1950 EPA, 5 [j], UAA prisoners, including his older brother Myo 17 (1) Thant, were involved in a hunger strike

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Date of Arrest 2000 calling for the release of Daw Aung San Suu Kyi in 2003. Prison Held Toungoo Prison Health general health problems Concerns Torture Concern Profession Student

150. Name / Age MYO AUNG / Male, not He was arrested in connection with student known support for the convening of parliament. Political Party / Role / Place Sentence / 14 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest September 1998 Prison Held Pathein Prison Health gastric ulcer Concerns Torture Concern Profession Student

151. Name / Age MYO AUNG THANT / Male, He was arrested in connection with his not known activities as executive committee member of the Free Trade Unions of Burma. Political Party / Member of the All Burma Role / Place Petrol-Chemical Corporation

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Union , executive committee member of Federation of Trade Unions-Burma (FTBU) / Member / Yangon Sentence / 30 years (20 years+3+7) / Legislation UAA (3), 1950 EPA, 5 [j] Date of Arrest 13 June 1997 Prison Held Myitkyina Prison Health Concerns Torture Concern Profession Trade Unionist

152. Name / Age MYO MIN HTIKE AKA He was sentenced in connection with MYO MIN HTAI / Male, dob student support for the convening of 1976 parliament. He is being held nearly 400 miles from his home, a journey of at least Political Party / Bahan Yangon 12 hours by train. Role / Place (photograph from Myanmar TV broadcast of SPDC Sentence / 52 years' imprisonment / press conference on recent arrests, October 1998) Legislation 1950 EPA, 5 [j] Date of Arrest September 98 Prison Held Myingyan Prison Health gastric ulcer Concerns Torture Concern Profession Student

153. Name / Age MYO THANT AKA MYO Authorities in a press conference described SAT / Male dob 1968 him as a destructive element, and stated that

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Political Party / Bago Division he had been planning to plant mines. Role / Place Opposition sources maintain that he had no involvement in plans for violence, but had Sentence / Death + 8 years, possibly political leaflets. He was reportedly ill- Legislation commuted to 25 years treated in January 2001 when authorities Date of Arrest June 2000 investigated a hunger strike in Insein Prison, and was held for a month in a cell designed Prison Held Taungoo Prison to house military dogs. His younger brother, Health Myo Aung was also arrested in this case. He Concerns and his brother were moved to Taungoo after they reportedly went on hunger strike in Torture 2003, calling for the release of Aung San Concern Suu Kyi. This is his second period of Profession Student imprisonment.

154. Name / Age NANDATHIRI (U) AKA He and 19 others at Maha Gandayon HTEIN LIN / Male, c.20 monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

155. Name / Age NANDIYA (U) AKA ZAW He and 19 others at Maha Gandayon MOE TUN / Male, c. 20 monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Sagaing Division provided to the monastery by Military

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Role / Place Intelligence officials. Sentence / seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

156. Name / Age NAY LIN SOE / Male, not Nay Lin Soe was arrested in February 1998 known in connection with activities calling for the reopening of universities and for allegedly Political Party / DPNS / Insein Yangon having links with opposition groups in Role / Place exile. He was being held at Kalay prison c. Sentence / 14 years' imprisonment / 1950 680 miles away from his home, in a prison Legislation EPA, 5 [j], UAA, 17 (1) where malaria is reportedly endemic and was later transferred to Mandalay.

Date of Arrest February 1998 Prison Held Kalay Prison Health serious eye problems, malaria, Concerns mental illness, other health problems Torture YES Concern Profession Student (Physics)

157. Name / Age NAY WIN NAING / Male, He is believed to have been arrested in dob 1976 connection with student demonstrations in favour of convening parliament in 1998. Political Party / Yangon Role / Place Sentence / 14 years imprisonment / 1950 Legislation EPA, 5 [j]

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Date of Arrest November 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

158. Name / Age NAY KYAW / Male, not He was charged with contact with known opposition groups in exile and the distribution of materials without the Political Party / NLD / Tamway Yangon approval of the official censor. He was Role / Place arrested during a period when opposition Sentence / 14 or 17 years' imprisonment groups in exile were attempting to organize Legislation / 1950 EPA, 5 [j], PPRA widespread protest against authorities. 17/20 Date of Arrest 02/09/99 Prison Held Hpa’an Prison Health Concerns Torture Concern Profession Student

159. Name / Age NAY MIN AKA WIN SHWE He was arrested for allegedly having / 45/ male contact with opposition groups in exile, and reportedly preparing information that Political Party / criticized official plans for political Role / Place reconciliation. He was previously Sentence / 15 years’ imprisonment imprisoned in 1974 and 1988, when Legislation authorities penalized him for speaking to / 1950 EPA, 5 [j] foreign journalists. Date of Arrest February 2004 Prison Held Insein Prison Health

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Concerns Torture Concern Profession Lawyer

160. Name / Age NE OO (KO) / Male, not He was sentenced with 40 other political known activists, including individuals penalized for writing a student history. He is being Political Party / NLD TOC chairman / Dagon held in a prison where malaria is endemic, Role / Place Myothit township Yangon at least 16 hours journey from his home. Sentence / 14 years' imprisonment, 1950 Legislation EPA, 5 [j], 17 (1) Date of Arrest 01/01/1998 Prison Held Kalay Prison Health malaria and gastric ulcer Concerns Torture Concern Profession

161. Name / Age NILAR THEIN (MA) / f She has been imprisoned in connection with student demonstrations that took place in Political Party / Yangon Yangon in December 1996. Students had Role / Place demonstrated in Yangon and Mandalay in Sentence / 10 years' imprisonment / protest at the alleged beating in custody of Legislation 1950 EPA, 5 [j], UAA, 17 (1) three students by police officers. They also called for permission to form a student Date of Arrest 30/12/96 union, the release of student political Prison Held Tharawaddy Prison prisoners and improvement in educational standards. Health Rheumatic heart disease Concerns Torture Concern

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Profession University student (physics)

162. Name / Age NYAN TUN LIN AKA YAN He was arrested for allegedly having NAING / Male, not known contact with opposition groups in exile, and reportedly preparing information that Political Party / ABFSU / Ahlone Yangon criticized official plans for political Role / Place reconciliation. He was previously in exile Sentence / 22 years' imprisonment / in Thailand, where he worked on a monthly Legislation 1950 EPA 5 [j], PPRA 17/20, newspaper and daily news website with Immigration Act 13 (1) news in Burmese, and was charged with illegally leaving the country. He was Date of Arrest February 2004 imprisoned with four others, including Prison Held Insein Prison former lawyer Ne Min. Health Concerns Torture Concern Profession Former Online News Editor

163. Name / Age NYAN WIN / Male, c. 50 Authorities stated that he had been involved years old in the instigation of unrest by "spreading rumours and sending false reports" on the Political Party / alleged ABSDF situation in the country. This is his second Role / Place term of imprisonment for political reasons. Sentence / 10 years' imprisonment / 5j, Legislation 17/1 Date of Arrest January 1998 Prison Held Tharawaddy Prison Health Gastric problems, colitis, Concerns heart problems Torture Concern Profession

164.

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Name / Age NYEIN MYINT (KO) / Male, He was accused by authorities in a press c.60 conference of acting on behalf of the CPB to steer student demonstrations in favour of Political Party / Alleged CPB / Salin Magway the legitimisation of student unions. He was Role / Place Division reportedly badly tortured, including by Sentence / 19 years' imprisonment / being deprived of sleep, and sustained Legislation 1950 EPA, 5[j], UAA, 17(1), medical injuries as a result. PPRA 17/20 Date of Arrest 29 December 1996 Prison Held Tharawaddy Prison Health heart disease Concerns Torture YES Concern Profession Poet

165. Name / Age NYI HTWE AKA SAN ZAW He was arrested in connection with plans by HTWE / Male, dob c.1977 opposition political groups in exile for mass demonstrations. He is believed to have been Political Party / NLD or ABFSU severely tortured. He was believed to have Role / Place taken part in a hunger strike in prison in Sentence / 36 or 37 years imprisonment 2001, and was reportedly badly beaten on Legislation with hard labour / 1950 his arrival in Taungoo Prison. EPA,5 [j], UAA17/1 Date of Arrest 20/09/99 Prison Held Taungoo Prison Health hypertension and other Concerns health problems Torture YES Concern Profession Student (Geography)

166. Name / Age NYI NYI AKA MYO SAN / He is believed to have been arrested in Male, not known connection with student demonstrations

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Political Party / DPNS calling for the legitimisation of student Role / Place unions and the release of student political prisoners. Sentence / 10 years / 1950 EPA, 5 [j], Legislation UAA, 17 (1) Date of Arrest December 1996 Prison Held Myaungmya Prison Health Concerns Torture Concern Profession Student

167. Name / Age NYO AUNG AKA KO NYO He was reportedly accused of organizing AUNG / Male, not known political movements. He was previously imprisoned for his part in 1988 Political Party / ABFSU demonstrations against one party rule, Role / Place where he was required to work in a prison Sentence / 15 years with hard labour labour camp, causing his health to Legislation deteriorate. Date of Arrest end 1999 Prison Held Insein Prison Health deteriorating health Concerns Torture Concern Profession

168. Name / Age PANYATHIHA (U) AKA U He and 19 others at Maha Gandayon NYO THWIN / Male, c. 20 monastery in Yangon were reportedly sentenced for refusing to eat a meal

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years old provided by Military Intelligence officials to the monastery. Political Party / Sagaing Division Role / Place Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

169. Name / Age PAW LWIN / Male, not He was arrested for allegedly having contact known with opposition groups in exile, and reportedly preparing information that Political Party / criticized official plans for political Role / Place reconciliation. Sentence / 12 years / 1950 EPA, 5 [j] Legislation Date of Arrest February 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

170. Name / Age PE TIN (U) He was reportedly arrested with U Bo Gyi for allegedly distributing leaflets legally

Political Party / NLD / Organising printed and distributed by the NLD. The Role / Place committee member / leaflets reportedly selections of speeches Shwekyin Township, Bago on democracy by Aung San, the father of Division Daw Aung San Suu Kyi. They were Sentence / 7 years / 1962 PPRA 20 sentenced on 27 May.

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Legislation Date of Arrest 13 May 2005 Prison Held Health Yes Concerns Torture Concern Profession

171. Name / Age PHO WAI MIN/ male dob He was arrested in connection with plans for 1981 demonstrations in Bago division. People arrested in this area were reportedly severely Political Party / Bago Division tortured. Role / Place Sentence / 25 years with hard labour / Legislation 1950 EPA, 5 [j], UAA 17 (1), (2) Date of Arrest August 1999 Prison Held Thayet Prison Health Concerns Torture Concern Profession Student

172. Name / Age PHO THAR (KO) / Male, He was arrested in August 2004, with his not known uncle, Than Htay, and cousin, Than Htun Oo, and sentenced for alleged infringements Political Party / NLD / Lashio Shan State under import and export legislation, relating Role / Place to electronic goods. It is believed that he was Sentence / Three years sentenced in connection with Than Htay’s Legislation political activism, and his refusal to cease political activities. Date of Arrest August 2004

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Prison Held Health Concerns Torture Concern Profession

173. Name / Age PHO THAR (KO) / m He was arrested in connection with student demonstrations in December 1996. He is a Political Party / Yangon student from Dagon University. Role / Place Sentence / 10 years / 1950 EPA, 5[j] Legislation Date of Arrest December 1996 Prison Held Pathein Health Concerns Torture Concern Profession Student

174. Name / Age PINYANANDA (U), AKA He and 19 others at Maha Gandayon MIN MOE / Male, not known monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Sagaing provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] Date of Arrest November 2003 Prison Held Health Concerns Torture Concern

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Profession Novice Monk

175.

Name / Age RAJADAMMA (U) / Male, He was reportedly ill-treated for not known participating in a hunger strike in Insein Prison in May 2005. Political Party / Bahan Yangon Role / Place Sentence / Not known Legislation Date of Arrest Not known Prison Held Not known, possibly transferred from Insein Prison Health Concerns Torture yes Concern Profession

176. Name / Age SANANDA WARA (U) AKA He and 19 others at Maha Gandayon SAN WIN HTUT / Male, monastery in Yangon were reportedly c.20 sentenced for refusing to eat a meal provided by Military Intelligence officials Political Party / to the monastery Role / Place Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern

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Profession Novice Monk

177. Name / Age SANDAZAWTI (U) AKA He and 19 novice monks at Maha NYAN LIN / Male, not known Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a Political Party / meal provided by Military Intelligence Role / Place officials to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Monk

178. Name / Age SARSANA (U) AKA He and 19 others at Maha Gandayon THUYIN / Male, not known monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / provided to the monastery by Military Role / Place Intelligence officials. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

179. Name / Age SAW MIN HTEIK GYAW / He was arrested in connection with the Male, not known organization of a student commemoration of

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Political Party / the death of Phone Maw, a student who was Role / Place shot during demonstrations against one party rule in 1988. Sentence / 7 years' imprisonment Legislation Date of Arrest 2000 Prison Held Health Concerns Torture Concern Profession Metallurgy Student

180. Name / Age SAW MYO HTUN / Male, He was arrested for allegedly taking part in not known a ceremony to commemorate the death of a Phone Maw, a student, in demonstrations in Political Party / 1988. He was held in a cell designed for Role / Place military dogs for a month in January 2001, Sentence / 7 years' imprisonment after authorities cracked down on prisoners Legislation who went on hunger strike calling for dialogue between the NLD and the SPDC, Date of Arrest 12 April 2000 reading materials, improvements to prison Prison Held Myaungmya Prison conditions and more family interviews. Members of the group, which also included Health criminal prisoners, were beaten and kicked, Concerns and regularly interrogated with force and Torture YES held in leg shackles with iron bars, and Concern made to race one another in the prison exercise yard while shackled. They were Profession Student also made to strip by prison officials.

181. Name / Age SEKKEINDA (U) AKA U He and 19 others at Maha Gandayon MYINT / Male, c. 18 years monastery in Yangon were reportedly old sentenced for refusing to eat a meal provided by Military Intelligence officials Political Party / Sagaing Division to the monastery. Role / Place Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1)

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Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

182. Name / Age SHWE HTOO (U) / Male, He was reportedly arrested for his alleged not known support for calls to convene parliament. He was charged with illegally possessing arms Political Party / because there was an airgun used for Role / Place shooting birds in his house. This is his Sentence / 42 years' imprisonment with second term of imprisonment. He was Legislation hard labour / 1950 EPA, 5 reportedly severely beaten after a [j], UAA, 17 (1), 124(A) demonstration for prisoners' rights in Mandalay Prison. Date of Arrest July 1998 Prison Held Mandalay or Taunggyi Prison Health deteriorating general health Concerns Torture YES Concern Profession Tutor

183. Name / Age SILASARA (U) AKA U He and 19 others at Maha Gandayon PAW CHEIN / Male, c. 20 monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Magway Division provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health

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Concerns Torture Concern Profession Novice Monk

184. Name / Age SIT KO AUNG AKA NANDA He was arrested for distributing leaflets SIT AUNG / Male, not that were critical of authorities' planned known "roadmap" for political change. He was reportedly penalized for taking part in a Political Party / ABFSU hunger strike in Insein Prison in May 2005. Role / Place Sentence / 17 years' imprisonment / 1950 Legislation EPA 5 [j], UAA, 17 (1), Immigration Act, 13 (1) Date of Arrest 4 October 2003 Prison Held Insein Prison Health Concerns Torture YES Concern Profession

185. Name / Age SOE MOE NAING (KO) / He was arrested in connection with NLD Male, not known calls to convene parliament. Political Party / DPNS / Mandalay Role / Place Sentence / 20 years' or 24 years; Legislation imprisonment / 1950 EPA 5 [j], UAA 17 (1) Date of Arrest 1998 Prison Held Mandalay Prison Health various health problems Concerns Torture

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Concern Profession Sweet Shop Owner

186. Name / Age SOE LWIN / Male, not He was sentenced in connection with known student demonstrations in favour of calling parliament. Political Party / NLD Youth member / Role / Place Yangon Sentence / 21years' imprisonment / 1950 (photograph from Myanmar TV broadcast of SPDC Legislation EPA, 5 [j], PPRA 17/20 press conference on recent arrests, October 1998)

Date of Arrest September

Prison Held Taungoo Prison

Health Concerns Torture Concern Profession

187. Name / Age SOE LWIN (K0) / Male, not He was arrested during a crackdown on known political activists, and sentenced in a two day trial with 40 others, including Political Party / DPNS Pazundaung, Yangon individuals who were sentenced for their Role / Place part in the preparation of a history of the Sentence / 14 years' imprisonment / 1950 student movement. Legislation EPA, 5 [j], UAA, 17 (1) Date of Arrest February 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

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188.

Name / Age SONNY SWE, 36, (m) Sonny Swe was reportedly sentenced for infringements of censorship legislation. He Political Party / was the Deputy Chief Executive Officer of Role / Place the semi-independent publication The Sentence / 14 years, PPRA 17/20 Myanmar Times. It is believed that he was Legislation sentenced because The Myanmar Times was published without the permission of the Date of Arrest November 2004 official censorship board, and because of Prison Held his family’s proximity to former Prime Minister Khin Nyunt. Health Concerns Torture Concern Profession businessman

189. Name / Age SURIA aka THURIYA (U) / He and 19 others at Maha Gandayon Male, not known monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession

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190. Name / Age SWE SWE WIN (MA)/ It is believed that Swe Swe Win's arrest is female, not known connected with student demonstrations and NLD calls to convene parliament in Political Party / NLD Yangon September 1998, which were followed by a Role / Place large-scale crackdown on opposition Sentence / 7 years' imprisonment or 10 activists. She is believed to have been held Legislation years' imprisonment / 1950 incommunicado for some time after her EPA, 5 [j] detention. Date of Arrest 02/09/98 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

191. Name / Age THAN HTUN OO / Male, He was arrested with his father, U Than not known Htay, an NLD MP elect, and his cousin. He was reportedly sentenced for possessing Political Party / Lashio Shan State television satellite equipment without the Role / Place correct license. It is however believed that Sentence / Three years the motive for their prosecution is related to Legislation their peaceful political activities. Date of Arrest August 2004 Prison Held Health Concerns Torture Concern Profession Electronic Shop Owner

192. Name / Age THAN HTAY (MAUNG) He was arrested in connection with NLD calls for the convening of parliament. This Political Party / NLD Youth / Hlaing Yangon is believed to be his second period of Role / Place imprisonment. Sentence / 21 years / 1950 EPA 5 [j],

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Legislation UAA, 17 (1) Date of Arrest September 1998 (photograph from Myanmar TV broadcast of SPDC press conference on recent arrests, October 1998) Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession

193. Name / Age THAN LWIN (U) OR WIN / He was sentenced with a group of other Male, not known NLD members for allegedly contacting political groups in exile. Political Party / Yangon Role / Place Sentence / 12 years' imprisonment Legislation Date of Arrest December 2003 Prison Held Health Concerns Torture Concern Profession

194. Name / Age THANANDA (U) AKA He and 19 novice monks at Maha MAUNG SWE / Male, not Gandayon monastery in Yangon were known reportedly sentenced for refusing to eat a meal provided by Military Intelligence Political Party / Sagaing officials to the monastery. Role / Place Sentence / Seven years / 1950 EPA 5 [j] Legislation Date of Arrest November 2003 Prison Held Insein

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Health Concerns Torture Concern Profession Novice Monk

195. Name / Age THET HTUN AKA KO SAW He was accused of agitating unrest and THET HTUN / Male, dob having contact with groups on the border. 1965 He had been released from a previous term of imprisonment for political reasons in Political Party / Tamway Yangon 1997. Role / Place Sentence / 36 years' imprisonment or 20 Legislation years' imprisonment / 1950 EPA, 5[j], UAA 17(1) Date of Arrest September 1999 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession Student 196. Name / Age THET AUNG NAING He was arrested with four NLD members. He was reported to have been denied access to Political Party / Not known family and lawyers, and to have been Role / Place sentenced to life imprisonment in June 2005. Sentence / Reportedly to life Legislation imprisonment Date of Arrest December 2004 Prison Held Insein Prison Health Concerns Torture Concern Profession

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197. Name / Age THET OO / Male, not He was arrested in connection with student known demonstrations in favour of the formation of a student union and the release of political Political Party / prisoners. He was charged with collaboration Role / Place with underground movements because he Sentence / 14 or 26 years/ 1950 EPA, allegedly photocopied materials for use in Legislation 5[j], UAA, 17 (1), PPRA student demonstrations in December 17/20 1996.He is reported to have been severely tortured during interrogation. Date of Arrest December 1996 Prison Held Insein Prison Health Concerns Torture YES Concern Profession Photocopy Shop Owner

198. Name / Age THU YA AUNG He was sentenced in connection with demonstrations organized by opposition Political Party / ABFSU; YASU / Bago groups in exile. This is his second period of Role / Place Division imprisonment for political reasons Sentence / 25 years / 1950 EPA, 5 [j], Legislation UAA 17 (1) Date of Arrest 25 August 1999 Prison Held Health Concerns Torture Concern Profession Artist 199.

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Name / Age THURA / Male, not known He was sentenced in connection with student support for convening parliament. Political Party / Role / Place Sentence / 14 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest September 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession Student

200. Name / Age THURA AUNG / Male, dob He was arrested in connection with student 1978 demonstrations to support the convening of parliament. Political Party / Kamayut Yangon Role / Place Sentence / 7 years' imprisonment / 1950 Legislation Emergency Provisions Act, Section 5 [j] Date of Arrest 24 August 1998 Prison Held Thayet Prison Health Concerns Torture Concern Profession Student

201. Name / Age THURA SOE / Male, 25 He was arrested in connection with plans by years old opposition groups in exile to hold demonstrations. He was reportedly tortured, Political Party / Bago Division including with electric shocks. He and co- Role / Place defendants reportedly stated in court that Sentence / 25 years' imprisonment they were tortured, and there was no

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Legislation response from the presiding judge. They also reportedly requested legal counsel, Date of Arrest 1999 which was denied. Prison Held Toungoo Prison Health Concerns Torture YES Concern Profession Household Goods Salesman 202. Name / Age TIN OO / Male, not known He was arrested with a group of NLD members and allegedly sentenced for Political Party / NLD / Yangon passing information to opposition groups in Role / Place exile. Sentence / 12 years Legislation Date of Arrest December 2003 Prison Held Mandalay Prison Health Concerns Torture Concern Profession 203. Name / Age TUN AYE / Male, not known He was sentenced with eight others for distributing leaflets, which authorities Political Party / North Okkalappa Yangon categorized as spreading rumours "with Role / Place intent to create misleading impressions on Sentence / 13 years' imprisonment, [sic] the government and to cause panic". Legislation He was arrested during a crackdown on commuted to 10 years by political activists after renewed political SLORC amnesty 01/12/97, activities by the NLD. He is reported to Date of Arrest 02/06/96 have suffered tuberculosis in prison. He is being held at least 340 miles from his Prison Held Thayet Prison home. Health tuberculosis Concerns Torture Concern Profession Student

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204. Name / Age TUN ZAW HTAY / Male, He was arrested in a crackdown on students, not known including individuals who authorities alleged were involved in a plot to plant Political Party / Kamayut Yangon bombs in Yangon. No allegations of Role / Place violence are believed to have been made Sentence / 10 years / 1950 EPA, 5 [j], against Tun Zaw Htay, and it has been Legislation UAA 17 (1) reported that one of the reasons he was arrested was because he allegedly assisted in Date of Arrest June 2000 the provision of financial assistance to Prison Held Insein Prison former prisoners and student activists. Health Concerns Torture Concern Profession Student (Maths)

205. Name / Age VIPULLA (U) AKA HLA He and 19 others at Maha Gandayon THAN HTEIK / Male, c.20 monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Mon State provided by Military Intelligence officials to Role / Place the monastery Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

206. Name / Age VIRAZAYA (U) AKA CHIT He was reportedly sentenced with a group MYO / Male, not known of novice monks for refusing to eat a meal offered to them by Military Intelligence Political Party / Mandalay

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Role / Place officials. Sentence / Seven years Legislation Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

207. Name / Age WANNATHARMI (U) AKA He and 19 others at Maha Gandayon WIN SAUNG / Male, c. 18 monastery in Yangon were reportedly years old sentenced for refusing to eat a meal provided by Military Intelligence Political Party / officials to the monastery. Role / Place Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession

208. Name / Age WARYAMEINDA (U) AKA He and 19 others at Maha Gandayon WIN BO / Male, c. 18 monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / Sagaing provided by Military Intelligence Role / Place officials to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1)

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Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

209. Name / Age WIN KYI / Male, not He was arrested with a group of NLD known members and allegedly sentenced for passing information to opposition groups in Political Party / NLD / Mandalay exile Role / Place Sentence / 22 years Legislation Date of Arrest Prison Held Health Concerns Torture Concern Profession 210. Name / Age WIN MIN THAN / Male, He was reportedly sentenced in connection not known with NLD calls to convene parliament. Political Party / Role / Place Sentence / 7 years / 1950 EPA, 5 [j] Legislation Date of Arrest September 1998 Prison Held Insein Prison Health Concerns Torture Concern Profession

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211. Name / Age WISAREINDA AKA KYAW He and 19 others at Maha Gandayon NIN OO / Male, not known monastery in Yangon were reportedly sentenced for refusing to eat a meal Political Party / provided by Military Intelligence officials Role / Place to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

212. Name / Age YA MA AKA THET Aged 15 at time of arrest, he was sentenced HTUT NAING / Male, 19 for alleged involvement in plans to years old demonstrate in Bago division. Persons arrested at this time in Bago division were Political Party / Bago Division reportedly subjected to strong torture. His Role / Place brother is also believed to have been detained Sentence / not known during demonstrations in 1998. Legislation Date of Arrest 1999 Prison Held Thayet Prison Health Concerns Torture YES Concern Profession

213. Name / Age YAN NAING MIN It is believed that he was arrested in

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Political Party / ABFSU connection with student support for the Role / Place convening of parliament Sentence / 20 years Legislation Date of Arrest 1998 Prison Held Mandalay Prison Health Concerns Hernia and other health problems Torture YES Concern Profession Student and poet

214. Name / Age YE LWIN / Male, not He was reportedly arrested in connection known with student demonstrations in support of the creation of a student union. Political Party / Yangon Role / Place Sentence / 18 years / 1950 EPA, 5 [j], Legislation UAA, 17 (1) Date of Arrest 20 December 1996 Prison Held Tharawaddy Prison Health Concerns Torture Concern Profession Student (High School)

215. Name / Age YE NAING WIN / Male, He was arrested in connection with student not known demonstrations in favour of the legitimisation of student unions and the Political Party / DPNS / North Dagon release of political prisoners. He was Role / Place Yangon reportedly tortured in interrogation and Sentence / 19 years, commuted to 10 sustained injuries. He was reportedly denied

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Legislation years by SLORC amnesty legal representation at his trial. He is being 01/12/97 / Section 5 [j] of the held nearly 400 miles from his home, a 1950 Emergency Provisions journey of at least 12 hours by road. Act; UAA 17 (1) Date of Arrest December 1996 Prison Held Myingyan Prison Health has had liver disease Concerns Torture YES Concern Profession Builder

216. Name / Age YE TUN MIN (KO) / Male, He was arrested with a group of NLD not known members for allegedly contacting opposition political groups in exile. His Political Party / Yangon father, U Than Lwin, was also sentenced in Role / Place this case. Sentence / 12 years Legislation Date of Arrest 22 December 2003 Prison Held not known Health Concerns Torture Concern Profession

217. Name / Age YE THIHA / Male, not He was sentenced in May 2004 for allegedly known having contact with opposition groups in exile, and reportedly preparing information Political Party / Yangon that criticized official plans for political Role / Place reconciliation. He was reportedly imprisoned Sentence / Seven years / 1950 EPA, in 1989 for his alleged former association Legislation section 5 [j] with the ABSDF. Date of Arrest February 2004

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Prison Held Insein Prison Health Concerns Torture Concern Profession

218. Name / Age YEWATA (U) AKA U He and 19 novice monks at Maha Gandayon KYIN HLAING / Male, not monastery in Yangon were reportedly known sentenced for refusing to eat a meal provided by Military Intelligence officials to Political Party / the monastery. Role / Place

Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns Torture Concern Profession Novice Monk

219. Name / Age YUGANDARA (U) AKA U He and 19 novice monks at Maha NYO / Male, not known Gandayon monastery in Yangon were reportedly sentenced for refusing to eat a Political Party / Sagaing Division meal provided by Military Intelligence Role / Place officials to the monastery. Sentence / Seven years / 1950 EPA, 5 [j] Legislation [d] 295 (1) Date of Arrest November 2003 Prison Held Health Concerns

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Torture Concern Profession

220. Name / Age ZAW LIN TUN / Male, not He was reportedly sentenced in February known 2004 for allegedly distributing leaflets critical of the authorities announced plans Political Party / ABFSU for political transition. Role / Place Sentence / 17 years / 1950 EPA, 5 [j] Legislation Date of Arrest October 2003 Prison Held Insein Prison Health Concerns Torture Concern Profession

221. Name / Age ZAW MIN HTIKE (KO) / He was arrested in 1999 after being Male, not known deported from Thailand. He was reportedly accused of being a member of an exiled Political Party / Hpa-an Kayin State political group and youth workers Role / Place organization. Sentence / 5 years' imprisonment / 1950 Legislation EPA, 5 [j] Date of Arrest 25 December 1999 Prison Held Mawlamyine Prison Health Concerns Torture Concern Profession Migrant Factory Worker In Thailand

222.

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Name / Age ZAW MIN NAING / Male, He was arrested with a group of NLD not known members and allegedly sentenced for passing information to opposition groups in Political Party / NLD / Yangon exile Role / Place Sentence / 12 years Legislation Date of Arrest December 2003 Prison Held Health Concerns Torture Concern Profession

223. Name / Age ZAW MIN OO / Male, not He is believed to have been arrested in known connection with demonstrations in support of the convening of parliament. He was Political Party / ABFSU Yangon reportedly badly beaten in Insein Prison in Role / Place April 2005. Sentence / 14 years, 1950 EPA, 5 [j], Legislation UAA 17 (1), Immigration Act 13 (1) Date of Arrest September 1998 Prison Held Not known Health Concerns Torture yes Concern Profession

224. Name / Age ZAW YE WIN (KO) / male He was sentenced for alleged involvement in dob 1972 the organization of demonstrations in September 1999. He was previously Political Party / imprisoned in 1990 for his involvement in the Role / Place

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Sentence / 14 years / 1950 EPA, 5 [j], commemoration of the death of Phone Maw Legislation UAA 17 (1) and imprisoned for three years. Date of Arrest 28 August 1999 Prison Held Thayet Prison Health heart disease Concerns Torture YES Concern Profession Student

225. Name / Age ZAW ZAW LAT (KO) AKA He was arrested in connection with a ZAW GYI / Male, dob 1979 planned demonstration in July 1999 to commemorate the assassination of Political Party / NLD / Bago Division independence campaigner General Aung Role / Place San. Persons arrested in Bago division at Sentence / 25 years with hard labour / this time are reported to have been severely Legislation 1950 Emergency Provisions tortured. Act, Section 5 [j], PPRA 17/20 Date of Arrest July 1999 Prison Held Thayet Prison Health Concerns Torture Concern Profession Boxing Trainer

PRISONERS HELD WITHOUT CHARGE OR TRIAL UNDER THE 1975 STATE PROTECTION LAW

Name / Age AUNG SAN SUU KYI She has been detained since her and NLD (DAW) / f, dob 1945 members travelling on party business in Upper

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Political Party / NLD General Secretary Myanmar were violently attacked, in what is Role / Place believed to have been a state orchestrated operation. Authorities stated that she and other Sentence / none / 1975 SPL, 10 [b] NLD members were being held under Legislation “protective custody.” She was held Date of Arrest 30 May 2003 incommunicado in an undisclosed location for more than four months until September 2003 Prison Held House arrest when she was put under house arrest after Health undergoing surgery. She was reportedly Concerns informed in November 2004 that she was being held under the 1975 State Protection Torture Law, which allows detention without charge or Concern trial on executive order. She was held under house arrest between July 1989 and May 1995 and between September 2000 and May 2002, and in intervening periods has had her movement severely restricted. She has never been charged or tried for any of these periods of detention. She was awarded the Nobel Peace Prize while under house arrest in 1991.

Name / Age MAY WIN MYINT (DAW) Daw May Win Myint was among a group f, 54 yrs. old 08/03/1950 arrested after an attempt by the NLD to hold a meeting with Daw Aung San Suu Political Party / NLD / MP-elect / Mayagone 2 Kyi and the NLD Youth in Mayangone Role / Place Yangon Division township, which authorities characterized Sentence / 6 years imprisonment / 1950 as "anti-government activities with a mob." Legislation EPA, 5[j], SPL 10 [a] She is reported to have been deprived of drinking water and to have been mistreated Date of Arrest 28 October 1997 during interrogation. She is being detained under an administrative detention law beyond the expiry of her sentence. Prison Held Insein Prison Health heart disease, high blood

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Concerns pressure and arthritis Torture YES Concern Profession Medical Doctor

Name / Age MYAT SAN Myat San was sentenced for his participation in demonstrations to celebrate Aung San Political Party / NLD / Pabedan township Suu Kyi receiving the Nobel peace prize. He Role / Place Yangon Division is being held beyond the end of his sentence Sentence / 15 years; commuted to 10 under section 10 a of the 1975 State Legislation years 1.1.93 / 1950 EPA 5 Protection Law. He is being held at least 170 [j], SPL 10 [a] miles from his home, a journey of more than eight hours by road. Date of Arrest 11 December 1991 Prison Held Taungoo Prison Health gastric ulcer, tuberculosis Concerns Torture Concern Profession Student

Name / Age SHWE OHN (U) / 82 He was placed under house arrest for taking years old part in a Shan National Day meeting in Taunggyi on 7 February 2005. It was reported Political Party / Democratic League for that participants discussed the future of the Role / Place the National Races of the Shan State and the role of the ceasefire groups Shan State (abolished) / at the National Convention. He was previously Shan veteran politician arrested in December 1992 and sentenced to Sentence / Reportedly one year of one year imprisonment for writing and Legislation house arrest / 1975 SPL distributing an essay on the form the new 10 (B)

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Date of Arrest 8 February 2005 constitution should take. Prison Held House arrest Health Concerns Torture Concern Profession Lawyer and writer

226.Name / Age SOE MYINT He was reportedly sentenced for alleged links with the CPB. He is being held in a Political Party / All Burma Youth League, prison more than 12 hours by train from Role / Place allegedly CPB his family. Sentence / 20 years, commuted to 10 Legislation years imprisonment, currently SPL 10 [a] Date of Arrest November 1989 Prison Held Mandalay Health Not known Concerns Torture Not known Concern Profession Not known

Name / Age THAN NAING, AKA He was sentenced under suspicion of being an PAGAN KO OO underground CPB member and for his part in demonstrations against one party rule in 1988. Political Party / Alleged CPB, Yangon He was reportedly seriously tortured and made Role / Place to confess at gunpoint. He reportedly attempted to commit suicide in 1998 by Sentence / 20 years + seven years, jumping into a prison well. He was given a Legislation Section 123(1) of Penal second prison sentence in 2000, when he was tribunal, prison rules 5[f], being held under section 10 [a] of the State 1975 SPL, 10 [a] Protection Law, to a further seven years' Date of Arrest November 1989 imprisonment for a small fight that broke out between two other prisoners, that he allegedly Prison Held Mawlamyine had no part in. A total of ten people were Health Reported mental health arrested in this connection, and alleged CPB

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Concerns problems members received higher prison terms than others. Legal representation was denied at the Torture YES trial. It is not clear whether he is being Concern imprisoned for this or under 10 a. Profession Former bookshop owner and journalist

Name / Age THAN NYEIN (DR.) / 67 He was arrested for attempting to arrange a years old dob 1937 male meeting of local NLD activists with the party's General Secretary, Daw Aung San Suu Kyi. He Political Party / NLD MP-elect / Kyauktan is being held beyond the expiry of his sentence Role / Place 1 Yangon under an administrative detention law that Sentence / Seven years / SPL, 10 (a) allows authorities to hold prisoners without Legislation 1950 EPA, 5 [j] charge or trial. He went on hunger strike in October 2004 to protest this, and was Date of Arrest October 1997 reportedly transferred as a punishment to Prison Held Pyay Prison Tharawaddy Prison before being returned to Insein hospital. He has been repeatedly Health chronic liver cirrhosis, hospitalised during his imprisonment. He was Concerns heart disease, hypertension moved for the fourth time since his sentence Torture expired, in January 2005, to Pyay prison. Concern Profession Medical Doctor

Name / Age THET KHAING, AKA Ko He was reportedly arrested for his alleged Latt, c. 50 years old connections with the CPB and the NPF. Political Party / Alleged CPB, NPF Role / Place Sentence / 20 years’ commuted to 10 Legislation years, SPL 10 [a] Date of Arrest November 1989 Prison Held Mandalay Division Health Concerns Mental problems Torture Not known Concern Profession Not known

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Name / Age TIN OO (U) / aged 77 dob He was detained by authorities after he and 1927 other NLD officials and members were violently attacked in what is believed to have been a state orchestrated operation. He was held Political Party / NLD vice Chairman in Kalay Prison and transferred into house Role / Place arrest in February 2004. He was held in Insein Prison between 1990 and 1995 on account of Sentence / 1975 SPL his peaceful political activities. He has also Legislation been made to remain under effective house Date of Arrest 30 May 2003 arrest during successive crackdowns on NLD political activities, including in September Prison Held house arrest 2000, after he and other senior officials of the NLD had been prevented from leaving the capital on party business. His detention was Health increased by a further year on 13 February Concerns 2005. Torture Concern Profession Former Chief Of Staff Of Armed Forces And Former Minister Of Defence

Name / Age YE NYUNT He was reportedly sentenced for alleged connections to the CPB. He is currently Political Party / Alleged CPB, Yangon imprisoned at least 12 hours travel by train Role / Place from his family. Sentence / Not known. Currently SPL, Legislation 10 [a] Date of Arrest 1989 Prison Held Mandalay Prison Health Concerns Not known Torture Not known Concern Profession Not known

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(KEY TO TABLE REFERENCES)

1) Political Groups

ABFSU All Burma Federation of Student Unions

ABSDF All Burma Students Democratic Front

ALD Arakan League for Democracy

CPB Communist Party of Burma, also known as the BCP

CRPP Committee Representing the People’s Parliament

DPNS Democratic Party for a New Society

FTUB Federation of Trade Unions - Burma

MNDF Mon National Democratic Front

NCGUB National Coalition Government of the Union of Burma

NLD National League for Democracy

NPF National Politics Front

Roles

MP-elect: elected as Member of Parliament in the 1990 elections TOC - Township Organizational Committee DOC: Divisional Organizational Committee

Legislation

1950 EPA 1950 Emergency Provisions Act

Section 5 [e] of the 1950 Emergency Provisions Act allows authorities to imprison up to seven years, or fine, or both, anyone who “causes or intends to spread false news, knowing beforehand that it is untrue”

Section 5 [j] of the 1950 Emergency Provisions Act allows authorities to imprison for up to seven years and/or fine anyone who “causes or intends to disrupt the morality or the behaviour of a group of people or the general public, or to disrupt the security and stability of the Union.” 1975 SPL 1975 State Protection Law Anyone who is suspected of having committed, or who is committing, or who is about to commit, any act which "endangers the sovereignty and security of the state or public peace and tranquillity", can be imprisoned for up to five years without trial on the orders of the executive, without any legal appeal to the detention.

1985 TV and Video Law This provides for the compulsory licensing of television sets and video recorders, and for the mandatory censorship of all video tapes. Under this law copying, hiring, distributing or showing a video tape that has not been approved by censors is punishable with imprisonment for up to three years, or a fine, or both.

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Penal Code Under Section 122/1, Whoever commits High Treason within the Union of Burma shall be punished with death Under Section 122/2 Whoever, being a citizen of the Union of Burma or ordinarily resident within the Union, commits High Treason outside the Union shall be punished with death.

Under Section 505, anyone who

makes, publishes or circulates any statement, rumour or report...

[b] with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquillity

may be punished with two years’ imprisonment and a fine

PPRA The 1962 Printers and Publishers Registration Act requires all books, magazines, periodicals, song lyrics and film scripts to be approved by censors prior to publication or distribution: anyone breaching it may be punished with up to seven years’ imprisonment and a fine.

UAA Unlawful Associations Act (India Act XIV, December 11 1908)

Section 17/1 allows the imprisonment of a minimum of two years, and a maximum of three, and a fine, of anyone who is a member of an association considered unlawful by authorities, or who contributes, receives or solicits any contribution for the purpose of any such association, or in any way assists the operations of such an organization.

Section 17/2 allows a minimum term of three years’ imprisonment, and a maximum term of five years’ for anyone who manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members.

Place Detained

Insein Insein Prison, Yangon Division

Kalay Kalay Prison, Sagaing Division

Katha Katha Prison, Sagaing Division

Mandalay Mandalay Prison, Mandalay Division

Mawlamyine Mawlamyine Prison, Mon State

Myitkyina Myitkyina Prison, Kachin State

Pathein Pathein Prison, Ayeyarwady Division

Tharawaddy Tharawaddy Prison, Bago Division

Thayet Thayet Prison, Magway Division

Toungoo Toungoo Prison, Shan State

Note on photographs: copyright is private for all pictures, unless otherwise stated.

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