U Gambira Charged Under Unlawful Associations Act

Jan 30, 2008 (DVB)
U Gambira, the leader of the All-Burmese Monks Alliance who is currently being held in Insein prison, has been charged under the Unlawful Associations Act, according to family members. Please click here for full report.

Housewives Charged Under Unlawful Associations Act

Jan 29, 2008 (DVB)

Three members of the Burmese Housewives Association, including the group leader, have been charged under the Unlawful Associations Act, according to a family member. Please click here for full report.

Activist Htin Kyaw Denied Family Visits

Jan 29, 2008 (DVB)
Insein prison officials have forbidden high-profile commodity protester Ko Htin Kyaw from receiving family visits for one month without giving a reason, according to his wife. For full report please click here.

U Win Tin In Good Condition After Operation

Jan 29, 2008 (DVB)

Veteran journalist and long-term political prisoner U Win Tin is making a good recovery after an operation for a hernia, his friend U Maung Maung Khin told DVB. Please click here for full report.

Min Ko Naing and Ko Ko Gyi Charged Against Press Legislation

25 January 2008
Original report by Aye Aye Mon, DVB
Translation by Nay Chi U

Ming Ko Naing and Ko Ko Gyi, leaders of 8888 Generation Students, and detainees of Insein prison have as last been told of which crime they actually committed - section 17 & 19: to do with press and printing laws - according to Senior Attorney U Aung Thein.

Families of the two men found out about the charges when they visited them in prison.

The leaders of 8888 Generation Students have been captured and detained since last August after they led the commodity price protests.

NLD Youth Shot In The Back

25 January 2008
Original report by Aye Aye Mon, DVB
Translation by Nay Chi U

Thingungyun National League for Democracy Party (Youth) member Ko Mya Than Htike, who was shot in the back, appeared at Kyauk Tada magistrate court on 22 January, according to senior attorney U Aung Thein.

He was charged under sections 145: for refusing to obey riot police warning and 505b: acting to 'dishonour' the State, and prosecuted by Inspector Soe Naing of Kyauk Tada police station.

Soe Naing claimed that the troops were ordered to take over, and to use force to disperse demonstrators as they did not obey the order issued by 'authorities' under section 144, to disperse immediately, and to prevent riots. He also told the court that while military troops were using force to disperse the protesters, Ko Mya Than Htike was at the front of the demonstrations.

Then U Aun Thein, the defence lawyer asked," Do you have any knowledge that Ko Mya Than Htike was shot at as he was turning his back to the soldiers and walking away from them? So that the bullet went through his bottom then came out from his left thigh ? He was not at the front, he was not facing the soldiers. He had turned his back to the soldiers and was walking away from them while the security forces shot him from the military truck. Did you know any thing of that?

The official then answered," I knew that he was in the hospital."

The next trial for the case is on 29th January and the defence lawyer said he looks forward to questioning the prosecution witnesses.

U Aung Thein has accepted at least 4 cases to represent the defendants who have been charged in connection with the September protests, in Kyauk Tada area.

U Win Tin Undergoes Hospital Treatment

Jan 25, 2008 (DVB) U Win Tin, a veteran journalist and political prisoner of 18 years, has been admitted to Rangoon general hospital to undergo an operation for a hernia. For full report please click here.

Police Officials Ridicule Mother Trying To Help Young Detainee

22 January 2008
Original report by Ye May Aung, DVB

(Please see the previous post for full report)

Ko Aung Zaw Oo, a Taunggyi NLD Youth member, who was unable to contact his mother, asked Daw Hla Hla Win, the mother of his fellow detainee for help but authorities tried prevented this. Only after the application was formally made by the lawyer, was he allowed to write to the address of his mother.

"The mother and son were travelling on business when Aung Zaw Oo was arrested at the check point in Manday, During the arrest, his mother fainted and was left behind".

"When I went to see my son in jail, Aung Zaw Oo asked me to help contact his parents. I asked him to write down the address but it was confiscated. When I asked for that piece of paper, the juntas prison staff were not only abusive but also made fun of the whole matter. Each official I approached said he didn't have it and pointed to someone else. It took a while to chase them around, just for a piece of paper to help the boy,"

"In the end, when the prosecution lawyer went to see them, Aung Zaw Oo managed to give him another written address of his parents and they have now been contacted."

NLD Youth Members Interrogated & Tortured

22 January 2008
Original report by Ye May Aung, DVB

Four young members of National League for Democracy, Daw Pone, who were arrested earlier this month, and 4 others from a different area, appeared before Kyauk Tada magistrate court, where they were remanded in custody, in Insein Prison, it is reported.

The eight youth members are Ko Kyaw Kyaw Lin, Ko Kyaw Zin Win, Ko Nayzar Myo Win and Ko Han Soe, all from Daw Pone and Zarni Ye Thwe from Mingalar Taung Nyunt, Miss Htet Htet Aung from South Dagon, Miss Kyi Kyi Waa from Tavoy (Dawe') and Ko Aung Zaw Oo from Taunggyi.

Appearing before court however, meant that the young peoples family members, had a chance to see them for the first time since their arrests, nearly 3 weeks ago.

Although they appeared before the court, no hearing of the case was held. They were all remanded instead in Insein Prison, explained Daw Hla Hla Win, Ko Nayzar Myo Win's mother. Ko Kyaw Kyaw Lin, Ko Kyaw Zin Win and Ma Htet Htet Aung were accused for forming an illegal organisation and also facing other charges under immigration laws.

It is reported that Ko Nayzar Myo Win was very poorly during his detention in Kyauk Tada police station when Ko Aung Zaw Oo, Ko Kyaw Kyaw Lin and Ko Kyaw Zin Win all went through interrogation sessions, where they were neither allowed to sleep nor given food to eat.

"We heard Nayzar Myo Win was seriously ill so we went to see him. The police officials told us to get a doctor so we had to consult a GP called Dr Yin Yin Soe, who works at Seven Start Store clinic in Bar Street to treat him. He needed some injections. Aung Zaw Oo went through 8 days without being offered any food and for 4 days, wasn't allowed to sleep. Kyaw Kyaw Lin and Kyaw Zin were offered no food for 4 days."

Ko Aung Zaw Oo, who is a Taunggyi NLD Youth member, who couldn't get in touch with his mother, asked Daw Hla Hla Win for help but authorities tried to prevent this. Only after the application was formally made by the lawyer, was he allowed to write to the address of his mother.

"The mother and son were travelling on business when Aung Zaw Oo was arrested at the check point at Manday. During the arrest, his mother fainted and was left behind".

"When I went to see my son in jail, Aung Zaw Oo asked me to help contact his parents. I asked him to write down the address but it was confiscated. When I went to see officials for that piece of paper, they were not only abusive but also making fun of the matter. Every official I approached said they didn't have it and pointed to someone else. It took a while to chase them around, just for a piece of paper, to help the boy,"

"In the end, when the prosecution lawyer went to see them, Aung Zaw Oo managed to give him another written address of his parents and they have now been contacted."

Daw Hla Hla Win continued to voice her concerns and worries that all mothers feel for their offspring as the youngsters, including 2 girls, were charged and detained in Insein prison.

"I just cannot express how I feel. I am not the only mother. Everywhere I look, there is a distraught mother. We all saw our children for the first time in 14 or 15 days, and we were all heart-broken. Arrest was not necessary in the first instance and such heavy and serious charges are neither suitable nor nor appropriate."

Insein Prison News : Older Nuns and Monks In Bad Health Conditions

19 January 2008
Original report : U Thar Nyunt Oo, VOA
Translation by Nay Chi U

After the last September crackdown of the 'Golden Colour Revolution', many monasteries and nunneries were raided and monks and nuns arrested by authorities acting for the Junta.

One of the monasteries raided was Thisa Tharapu School House in Arthar Wati Monastery Estate in North Okkala, Rangoon. Nuns and monks, some of them middle aged and some elderly have been arrested, and prosecuted for 'bringing religion into disrepute', and derobed. However the noble monks and nuns insist that they have been wrongly accused and carried on with their religious duties, while in custody, eventhough their robes were forcefully ripped off.

U Po Phyu, the solicitor who is representing them at court, explained to VOA that these nuns and monks are suffering from poor and deteriorating health condition as some of them are elderly and furthermore, Thisa Tharapu School House is just an ordinary monastery, serving the poor community of the surrounding area.

"There are 7 nuns and 7 monks altogether: Daw Pyanya Theingi 54, Daw Setta Ti 32, Daw Tay Ri 70, Daw Wonna 67, Daw Ponna Mi 80, Daw Theingi 64 and Daw Thila Nandi 48. The monks are U Arnan Da 61, U Wiimala 66, U Panya Nanda, U Kuthala 63, U Narawara 69, U Withuti 53 and U Pyanya Tharmi 53,"

"U Arnan Da and U Narawara both have had strokes and the two oldest nuns Daw Tay Ri and Daw Ponna Mi have been unwell. They were forced to appear before court and over the 10 court hearings, only one prosecuting witness appeared. Although they have been poorly, and suffering from deteriorating health, they have not received any treatment. Only yesterday, I decided to accept their case," said U Po Phyu.

VOA : What ever have they done to be accused of 'bringing religion into disrepute'?

"There have been quite a few charges: such as receiving cash for admission into the school house, for holding forged certificates, and junior monks pretending to be senior monks, etc,. Moreover, the prosecutions claimed that they confiscated uncensored and pornographic videos. When I asked the monks about them, they had no idea even of their existence and pointed out that they had no video player with which to view videos of any kind. I went to investigate their school house and can confirm that it is truly a very poor monastery and lacking all modern facilities - not a place that you can imagine someone watching any kind of videos."

VOA : What are the charges for the nuns?

"Obviously, they were all charged under the same sections and put together in the same case with the monks. There is no other separate collection of evidence."

VOA : Where and when were they arrested?

"On 29 September, during the September 'revolution'. The authorities acting for the Junta, decided to raid the school house on suspicion, hoping to find lots of politically active young and healthy monks. There was however, only this ageing group resident there but nevertheless they were arrested."

VOA : Did they actually protest during September?

"When I asked if they participated in the protests, they replied that they didn't even go out as they were rather shaken by it all and also some of them were poorly."

VOA : How about the prosecution witnesses and evidence?

"At the moment, the arrest warrant states that there is one forged certificate (monks' qualification) and also several pornographic videos. We can only find out about where they come from during the trial, which has not started yet."

VOA : Are they all detained in Insein prison? Have they been allowed family visits?

"Yes, all of them are in Insein prison. Families can't afford to visit so they only have some donors from N Okkala occasionally, bringing small offerings. The donors themselves are poor so it is just a very sad situation. They have been taken to court 10 or 11 times now and we only found out about it recently. We decided to try our best to represent them and managed to apply for general power only yesterday."

Senior Attorney's Assessment On PP's Charges And Trials

17 January 2008
Original Source : DVB

The recently detained political prisoners could be put into two main groups : 1)the August commodity prices group and 2), the September protest group.

Until now, it is not known of any trial for the August group yet. However, some of the September group have been through trials. Some of them appeared before their regional township magistrate courts, some being held at the main magistrate court and some were being remanded to be heard inside Insein prison.

When given remands, there could be multiple charges, but often, some or all of the charges could be dropped too. Ko Thein Shwe, for instance, was charged under 4 or 5 different sections but now the judge has confirmed only one: 505b.

As far as the security police are concerned, they will have to charge the defendants with series of Sections of the relevant Acts. However, if the prosecution can't get witnesses enough for each charge, then the court will have to examine the case and reduce or amend the charges. Under these conditions, there will be much delay in the cases.

Some other cases need approval from the Ministry of Home Affairs, where they check and reassess the case, so quite often the magistrate courts will have to wait and so they keep giving remands.

Magistrate courts also work within office hours. It is not uncommon for a judge to deliver the remand inside prison for some cases. It just means that there will not be any hearing yet. In some cases,the remand could be given in the prison for security reasons too.

Basically, the defendants' future is now entirely in the hands of court, which keep them in custody. Therefore any issue relating to those defendants is the direct responsibility of the magistrates court. The court must make sure that they are informed of any of the defendants' well-being issues, while being in custody.
Usually, a judge would ask the defendant if there is anything he or she wants to say, during the remand. It is a normal practice for any judge to give a chance to the defendant for their say.

" The court hearing will be on this day. Have you anything you wish to say? The prosecution witness is not present today for the following reason (....... ), this is according to the law. Have you anything you wish to say? If not, the next court hearing will be on the following date (........)"

(U Aung Thein)

ICRC Will Be Informed Of Maltreatment In Prisons

17 January 2008
Original Report : DVB

There are many political prisoners, who were charged under one or more different sections of Acts but have not been put on trials, which prolongs their imprisonment and not being given appropriate treatment for their well being. Now, their families are taking actions - demanding Senior General Than Shwe to take responsibility of the situation and sort it all out, as a head of the State. Copy of their letters, dated 16th January, have been also sent to military chief commander of Rangoon Division as well as to The International Committee of the Red Cross (ICRC).

Families of Ko Than Zaw Myint, Ko Thant Zin Myo, Ko Kyaw Soe Win and Ko San Win, all from Hlaing Thar Yar, who have been detained in Insein prison after protesting for lower commodity price in August 2007, have jointly signed the letter.

Ko Than Zaw Myint's father U Tin Yu explained the need for the action as the prisoners were neither being put on trials nor given permission to see their lawyers.

"They have not been allowed to have representatives so we tried to obtained their general power but the lawyers are not allowed to see them. It is understood that their trial date is 18th January so we got everything ready (to defend at court), but we have been directed to follow to many different offices, where we have been told 'The matter needs to be delt with superiors'. We don't know who those superior persons are. We don't know where to find them."

He pointed that not only the youths have been held for over 5 months but also their charges have been changed from one to another, which explaines the lack of the existance of State's Laws and Legislation.

"First it was 505 b and 147. Then the next week, they were told that their charges had been changed. It just proves the country's unstability situation of Laws and Justice. Public can not trust anything. But then, there is nothing to be trusted. Right from the bottom of the system, everyone seems to be doing whatever they think is the best for them."

When the father heard the news of his son Ko Than Zaw Mying's possible trial on 14 January, he rushed and made many wasted journeys between Kamar Yut magistrate court and Insein prison. (so that he may have a chance to see his lawyer).

Only when he went to the prison yesterday, he learnt that his son was remanded on that day, by a visiting judge, who came to the prison, on that day.

"By about 4 pm, they were gathered in the prison to be told that their trial will be on 28 January. When my son questioned the judge why the ramand wasn't given in court, where it should be, he replied that it was for their own security."

It is reported that some of the detainees are suffering from weaken heart, highblood pressure, etc,. and some suffered the violent physical abuse under Swan Arr Shin militia and USDA (union solidarity and development association) members, during their arrest. However, no one had received appropriate health treatments.

"We were given Barmitones and Paracetamol tablets each, but I am suffering from heart problems. Ko Kyaw Soe Win is suffering from high blood pressure and couldn't even get up but the doctor didn't do anything that is effective."

Insein Prison News

16 January 2008
Original Source : Nicknayman

On 14 January, De Nyein Linn and U Kyaw San were charged under section 505 b. There are no dates for the trial yet.

On 15 January, Ko Min Zay Yar, Ko Aung Thu, Ko Than Myint, Ko Myint Han, Ko Aung Than Myint, Ko Tin Win, Ko Aung Kyaw Kyaw, Ko Aung Naig and Ko Ko were all moved from the special unit to the main building. The reason for this move was unknown.

On 16 January, Maung Si Thu Maung (21), Maung Ye' Myat Hein (17), Maung Ye' Min Oo (22), Ko Kyi Hpyu and U Thein Swe were due to appear before Bahan magistrate court, charged under section 505 b.

AAPP Highlights SPDC's Responsibility

15 January 2008
Original report by Moe Aye, DVB

The comments from U Bo Kyi, Joint General Secretary, AAPP (Assistance Association of Political Prisoners) were reported as below:

The ill-treatment and torture received by all political prisoners are the sole responsibility of the SPDC government, especially Than Shwe, current head of state. If someone loses their eyesight, it is an irreplacable loss for him, for life. It is also a severe loss for his family.

The other important fact is that these 8888 Generation Students Groups, including Ko Hla Myo Naung, are not terrorists. They are working very hard to transform the country using the most peaceful methods.

If people such as these are to be treated in such a way, that these are not just personal losses, but a growing national loss for all the people of the nation.

We have collected a lot of information about the torture and abuse of the political prisoners, and are extremely concerned about Ko Kyaw Soe and Ko Win Maw's hospitalisation, due to the violent abusive to which they have been subjected in prison.

Another important fact is that Than Shwe's SPDC government is subjecting the torture and abuse to the political prisoners, not because they want or need information, but simply to intimidate the bulk of the population.

In violently and deliberately abusing all of our brave political representatives, the obsessive and paranoid junta, mistakenly believe their revenge will be a deterrent.

Appeal For the International Red Cross To Treat Political Prisoners

15 January 2008
Original report by Moe Aye, DVB

"All the political prisoners have been only trying to express their desire for National Reconciliation peacefully and therefore should be released immediately. Although the military government says it is trying for National Reconciliation, no effort has been shown towards making peace among the parties," said Ko Soe Tun from 8888 Generation Students Group.

"It is an extremely sad business for everyone. For instance, Ko Min Ko Naing is suffering from toothache but he hasn't received proper treatment for that. He couldn't even speak properly when he sister came to see him in the prison." He then urged the government to allow ICRC, the International Committee of the Red Cross to make an emergency visit to the prisons.

"We earnestly appeal for the government to allow political prisoners to recieve emergency health treatments and other humanitarian needs, provided by ICRC."

Tortured Musician Sent To Prison Hospital, 8888 Hla Myo Naung Loses Eyesight

15 January 2008
Original report by Moe Aye, DVB

Ko Win Maw

Guitarist Ko Win Maw from Shwe Thanzin Band, a detainee in Insein prison was sent to a prison hospital ungently after the torture sessions, conducted by MSA (Military Security Affairs) got out of hand, it is reported.

He was arrested on 27 November by the police special branch and since last Saturday , was handed over to the MSA for interrogation, during which he was subjected to torture methods including dripping water on the head and drowning. When Ko Win Maw became too ill as a result of the abuse, he was sent to the prison hospital, with suspected collapsed lungs.

However, the treatment for him cannot start yet as the hospital staff have to await permission from the Minister of Home-Affairs.

Ko Kyaw Soe, who went through the abusive interrogation sessions alongside Ko Win Maw, is also fighting for his life in the same hospital.

Ko Hla Myo Naung

One of 8888 Generation Student leaders, Ko Hla Myo Naung, another Insein prison detainee, is losing his eyesight, according to his family and friends.

He was arrested on the way to a clinic for his eye operation on 10 October, last year. Although his eye operation was allowed to go ahead the next day, he was sent to Insein prison immediately afterwards and since then has not received any more treatment to his eyes. Now, after 3 months, his other eye has also deteriorated and he is losing sight.

Htin Kyaw To Sue Junta Over New Charges

Jan 16, 2008 (DVB)
Reporting by Aye Nai

High-profile activist Htin Kyaw has said he will sue the government for breach of promise after they decided to prosecute him for a solo demonstration he staged in March 2007.


Htin Kyaw is already facing charges for his role in demonstrations over commodity prices, for which he has been detained since August last year.

He was originally charged under section 505(b) of the penal code for causing public alarm, but an unlawful assembly charge has since been added.

Htin Kyaw attended a court hearing at Pabedan township court on 9 January, and is due to appear before the court again on 23 January.

His lawyer was not allowed to see him before the 9 January hearing, and was denied access to the courtroom in an earlier hearing.

In addition to these charges, Htin Kyaw is now being prosecuted for staging a solo demonstration in Kamaryut township on 22 March after authorities refused to allow him to become a monk.

He is due to attend a separate hearing on these charges on 25 January at Kamaryut township court.

But Htin Kyaw told his wife, Ma Than Than Maw, that he will sue the government for reneging on their promise not to prosecute him for his March protest.

Htin Kyaw was arrested during his solo protest but was released the following day and said that authorities told him they would not press charges.

�He told me that he is going to sue the government for breaking the promise given to him by the nation�s leaders,� said Ma Than Than Maw.

She added that Htin Kyaw had informed the Kamaryut township judge, police chief, court staff and special police officials of his intention.

Youths' Charges Reduced To Just One

10 January 2008
Original report by Naw Say Paw, DVB

Four youths, including a university student who were facing 7 charges against them, are now only to be charged under one section : 505 B, it is reported.

Three young men, Ko Si Thu Maung, Ko Ye' Min Oo and Ko Kyi Phyu and a teenage University student Maung Ye' Myat Hein, who have been all detained in Insein prison were facing 7 different charges. However, on 2nd January, U Aye Maung, a judge, who came to see them in prison, explained that they will be charged under section 505 B only and the trial will be held at Bahan magistate court , on 16th of this month, according to Ye' Myat Hein's father U Khin Maung Cho, who visited him.

"When I asked for permission for the boys to see the lawyer, I was told that it is a matter to be dealt with under the Department of Prisons Management. When I went to the Department of Prisons Management, I was told that they will be allowed to see the lawyer on the day of the trial", said U Khin Maung Cho.

He talked of the relief the families felt, when they learnt about the reduction of the charges but there are still some worries about the exams that the students have missed.

"My son was the first year student so he missed exams for 3 subjects, which he needs to resit. We are hoping that he can resit them at the end of January. It is every parent's wish that their kids continue with their education. We are all hoping that all students who have been arrested and detained, like De Nyein Linn, should be allowed to resit their exams", he added.

Ye' Myat Hein, 17 was arrested last October and was subject to torture during the interrogation, while in detention.

According to visitors of Insein prison, Ko Aung Naing of 8888 generation student and all the monks, who are being held there, are to be charged under 'emergency project' ,Section of Act 5 (J)

News : Ladies In Prison

3 January 2008
Original report by Maung Too, DVB

Ma Su Su Nwe, who was arrested while sticking posters in front of Mya Yeit Nyo Hotel, Rangoon and Ma Lay Lay Mon, the 8888 generation student were both put in solitary confinement in Insein prison where they have been detained, it is learnt.

Both ladies, who are suffering from heart disease, are in poor health according to internal information. Sister of Ma Su Su Nwe said, 'We have learnt that the girls have been in isolation, and are given only one meal a day. None of the parcels (personal packages sent to prisoners by family) have been received.'

Lay Lay Mon was due to appear before court but she was not taken out from her isolation cell. ( Ko Bo Bo Win Hlaing, who was arrested together with Ma Su Su Nwe on 14 Novermber, has also been denied a family visit.)

Ma Khin Sanda Win, a student from Daw Pone, who was arrested on 12 October is also in bad health. She has been placed in the same cell with women, who have been charged with offences related to prostitution.

'Ma Khin Sanda Win's situation is not very good. She suffers from headaches probably as a result of a head indury sustained in a car accident. She has had an X-ray test only.' said an anonymous informant.

Ma Mee Mee, Ma Nobel Aye, Ma Sanda Min aka Shwii all of who are 8888 generation students,
Daw Khin Aye and Daw Myint Thein, both NLD members and
Daw Khin Mar Cho of Burmese Housewives Union are all still remanded in custody.

Out of about 1800 political prisoners, who have been detained in prisons throughout the country, there are over 100 ladies, according to AAPP records.

Mya Than Htike and Ko Tut Pe's Trial

30 December 2007
Original report by Ye May Aung, DVB

Ko Mya Than Htike, member of the NLD Party, Thingun Gyun, Rangoon, was brought before court last Wednesday but there was no hearing and the case has been adjourned. He was shot at and arrested while reciting prayers with other protesters in September, before being detained in Insein Prison.

Ma Wa Wa Lwin, his sister said,' The next hearing date was given as 2nd January. He has been charged under Section 505b. He was both hand-cuffed and shackled. He was brought in by special police car. He looked fine. His gun shot wound is also healing well. We managed to send him medicines and other essential items.'

Similarly, Ko Tut Pe aka Ko Win Zaw, member, NLD Party, Thone Kwa, was brought before Thone Kwa Magistrate court for the trial. He has been arrested and detained since early September. However, it is reported that the hearing was held without informing his family.

A family friend said,' We only learnt that Ko Tut Pe was brought before court on Thursday. Nobody knew about it, even his family. After we made enquiries at the office we were told that his offence was committed under Section 145 and the next hearing date is 10th January. All the preparations are done for him, like hiring a solicitor, etc, for his trial. If the trial is not being held according to the legislation, we must then act accordingly too.'

After being arrested in Thone Kwa, Ko Tut Pe was sent to Insein Prison, Rangoon. He was transfered back to Thone Kwa jail; however until now, his family has not been given permission to visit him. Instead, they have to send him small packages, containing medicines and other personal toiletary, known in Burma as a 'prison parcel'.