Political Prisoner Profile AAPP CASE NO.: NAME OF POLITICAL Ko Htin Kyaw PRISONER: Ethnicity GENDER: Male Burman : DATE OF BIRTH: 1963 Age: 50 RELIGION: Myanmar , Buddish PARENTS NAME: U Hlaing EDUCATION: ETEC(Mech) Leader of the Movement for Democracy Current Force OCCUPATION: (MDCF), Leader of the Myanmar Development Committee (MDC) LAST ADDRESS: August 25, 2007 PHOTO June 4, ARREST DATE: August 2, 2013 DATE: 2014 May 5, 2014 November 17, 2008: - Section 505(b), 124, 143 Facing trial from August, 2013: - 10 counts under Section 18 of Assembly and Procession Law. - Two counts under Section 500and Section 505(b)of Burma’s Criminal Code in North Oakla Township Court SECTION OF LAW: May 5, 2014: - Section 505(b) in South Oakkalapa Township court June 4, 2014: Section 18 November 17, 2008:Section 505(b), 124, 143 (Sentenced to 12 years and 6 months) SENTENCING October 21, 2013: Section 18;Kyauktada Township Court (Sentenced to 6 HISTORY: months) June 4, 2014: Section 18: Kyauktada Township (Sentenced to 3 months) COURT HEARING: May 9 2014 at Kyauktadar Court NAME OF PRISON: Insein Prison August 25, 2007 arrest – November 17, 2008 sentenced – released on January 13, 2012 August 2, 2013 arrest –October 21, 2013, sentenced six months under one RELEASE DATE: count of section 18– released on December 11, 2013 under presidential amnesty December 11, 2013 arrest on sedition under section 18 – December 31, 2013 released under another presidential amnesty. IMMEDIATE HEALTH CONCERNS: Ko Htin Kyaw began a hunger strike on August 5, 2013, 3 days after he was taken to Insein prison. His health has deteriorated since his imprisonment, though details of his health have not been Page 1 of 5 provided.(RFA August 9, 2013) CURRENT STATUS SUMMARY: Ko Htin Kyaw was indicted by Thingangyun Township and detained in Insein prison for his 11th protest. On, 5 May 2014, he was charged under section 505(b) for distributing leaflets, which criticized the government in February 2014. He is currently facing eleven charges from eleven different townships such as North Oakla Township, Kyauk TaDar Township, South Dagon Township, North Dagon Township, East Dagon Township, and Dagon Port Township. MCDF, the network he leads, has distributed these leaflets in eleven townships in Yangon Division and three townships in Mandalay. The purpose is to protest the government failure to solve problems, such as price rises, farmer conflicts, laborer conflicts, and land conflicts. His next court appearance is scheduled for June 3rd 2014. CAREER BACKGROUND: Ko Htin Kyaw is an activist, the leader of the Movement for Democracy Current Force (MDCF) and the leader of the Myanmar Development Committee (MDC). MDCF is a community-based organization, working to promote development and democracy in Burma. It is also representing the interests of grass-roots communities, individuals and organizations struggling against land-grabbing and other human rights violations.(Fidh, August 8, 2013) He was a NLD youth member, but was forced to resign due to pressures from his former employer. He returned to political activism in 2003 when he quit his job. In 2006, Ko Htin Kyaw and his colleagues formed the MDC. In March 2007, he was arrested and released several times for his political activities ,which involved carrying out demonstrations and press conferences, calling for improvement on health care, education, and deteriorating socio-economic situation in Burma. March – April 2007 arrest details: Arrests Releases March 8, 2007 March 9, 2007 March 22, 2007 March 23, 2007 April 22, 2007 July 27, 2007 He was arrested again on August 25, 2007 and sentenced to twelve years and six months in Insein prison under section 505(b), 124, and 143 on November 17, 2008. He was released under amnesty on January 13, 2012.(Altsean-Burma) He was detained in Insein prison from May 23 to May 30, 2013 for refusing to accept bail on a defamation case stemming from a remark they made about a land confiscation at a press conference in February 2013. (RFA March 30, 2013) Additional Information(2012 – 2013): January - March, 2013: Ko Htin Kyaw, charged Yoe Yoe Lay’s businessman U Thein Naing for allegedly swearing, threatening, and assaulting him at a press conference titled “The Challenges of Rule of Law” at the Royal Rose Hall in Rangoon on January 13, 2013. Ko Htin Kyaw charged U Thein Naig with three charges: 294, 325 and 114, for swearing, hurting and threatening others. Constable Tint Lwin from Bahan township police station informed Ko Htin Kyaw the hearing would begin on January 29, 2013. However, when Ko Htin Kyaw registered at the court on the day of the trial, he found he was the defendant, not the plaintiff. Ko Htin Kyaw only found out about his predicament when he arrived to the court hearing. The day after the press conference, Yoe Yoe Lay’s company manager U Than Aung had countercharged Ko Htin Kyawwith sections 294, 323 &a defamation charge 500.Meanwhile, U Thein Naing himself failed to appear in court. The police did not proceed with Ko Htin Kyaw’s case claiming that it was “incomplete.” Page 2 of 5 In March 2013, both parties dropped the case and neither parties paid compensations to have the charges withdrawn. (Myanmar Times January 21, 2013),(Myanmar Times February 4, 2013) , (Burmavjmedia), (Myanmar Times April 1, 2013) December 15, 2012: Ko Htin Kyaw staged a solo protest on the 15th December, 2012, marching along Sulay Pagoda Road from the Theingyi market to the City Hall calling for the authorities to resolve issues faced by monks after the crackdown on the Letpadaung Taung protest. In the morning of December 17th 2012, he consequently indicted under Section 18. Accused by Kyauktada, and Pabedan Police Station (For Latpadaung protest). (RFA December 17, 2013) ARREST DETAILS: August 25, 2007: The Military Affairs Security Forces arrested Ko Htin Kyaw around 1pm on August 25, 2013 when he attempted to join a protest outside the Theingyzay market. He had been warning the government that the protests over the fuel price hikes will increase. Six plain-clothed men lugged away Ko Htin Kyaw as he protested the arrest and threw him into a truck. On November 17, 2008 he was sentenced to 12 years and six months in prison under section 505(b) and 124. (Asia Human Rights Commission August 27, 2007), August 2, 2013: On July 30, 2013, Ko Htin Kyaw staged a peaceful protest outside the North Oaklapa Court to denounce the land being seized by businessman, U Eaik Lin, a land belonging to three community members: U Lu Aye, Ma Sein Htwe and Ko Myint Naing. The three community members also took part in the protest. (Fidh August 8, 2013)On August 2, 2013, three days after the demonstration, the four protesters were summoned to the police station of North Oaklapa Township, Yangon. They were arrested and charged under Section 505 (b) (Irrawaddy and RFA said) (Irrawady August 2, 2013) of the Penal Code for insulting the State and Section 18 and immediately sent to court. The court sanctioned the arrest and they were taken to Insein prison. They were not given any opportunity to contact a lawyer and were refused bail. They face up to three years imprisonment. (Frontline Defenders August 9, 2013) On 5th February 2013, (UN)Working Group on Arbitrary Detention(WGAD) found that the charge on Ko Htin Kyaw was arbitrary. October 21, 2013: KoHtinKyaw was detained in Insein prison. On October 21, 2013, the Kyauktada Township court sentenced him to six months in prison with hard labor under Section 18. He faced 9 charges for violating Section 18 of the Assembly and Procession Law. The nine counts of charges were from North Oakla Township Court, Dagon Township Court, Thingangyun Township Court, Pa-Bel-Dann Township Court, Tar Myay Township Court, and Mingala Taung Nyunt Township Court. He also faced charges under Section 500 and 505 (b) for insulting the state. He was sentenced to six months under Section 18.(Frontline Defenders September 19, 2013) November 15 2013: On November 15, Ko Htin Kyaw was sentenced six months with section 18 from Tarmwe court in Yangon Division. He was charged in five separate courts for his protest last year calling for the release of the activists who participated at Lapadaung protest and the arrest of the authority that ordered to use weapon to stop the Lapadaung protest. Each one of the five townships where he protested last year were sentencing him In October, he was sentenced six months from Minglar Taung Nyunt Court. Page 3 of 5 rfa.org – November 15 2014 November 19 2013: While in Insein prison indicted with Section 18, Ko Htin Kyaw was sentenced a total of nine months imprisonment under Section 18, three months from Kyauk Tadar Court and six months from Pabedan Court for a protest against the Chinese-backed Letpadaung copper mine. rfa.org – November 19 2013 December 11 2013: On December 11, 2013, he was released under Presidential amnesty and rearrested and detained on the same day under Section 18. He was finally released on December 31, 2013 as a part of a presidential amnesty. amnesty.org.uk - 12 May 2014 May 5, 2014: On 5, May 2014, he was arrested under section 505(b) for providing pamphlets criticizing the government. He was taken to the South Oakkalapa Township court and detained in Insein Prison the same day. He didn’t get bail. On May 8, he appeared before the North Okkalapa Township Court. On May 20, he was indicted under 505(b). His next court will be on June 3, 2014. (Myanmar Eleven May 7 2014) On June 4th 2014, he was sentenced to three months under section 18 from Kyauktadar Court for the protest in front of DETAILS OF IMPRISONMENT: January 2008: Ko Htin Kyaw was arrested on August 25, 2007 and detained in Insein prison.