Candle for Min Ko Naing

NAME OF POLITICAL PRISONER: Min Ko Naing
Age: 46
EDUCATION:Third Year Zoology (1988), Rangoon Arts & Science University
OCCUPATION: Chairperson of All Burma Federation of Student Unions, 88 Generation Students Group leader
ARREST DATE:August 22, 2007 (3rd arrest in 2007)
SECTION OF LAW:Section 505 (b) , 130 (b), 17/20, 33 (a), 17/1, 24/1, 32 (b)/36, 6, 5/96 (Section 4), 228
SENTENCING HISTORY:Sentenced to six months in prison for contempt of court on October 29, 2008 / Sentenced to 65 years in prison on November 11, 2008
COURT HEARING: Insein Prison Special Court, Ma-ubin prison
NAME OF PRISON:Insein Prison, Ma-ubin prison, Kentung prison

IMMEDIATE HEALTH CONCERNS:
Mar 4, 2009 (DVB)–The sister of 88 generation students' leader, Min Ko Naing, who is currently imprisoned in Kengtung jail in eastern Burma, has said he has been suffering from poor health due to lack of exercise. "I am mainly concerned that he might have a stroke due to the high blood pressure,” Kyi Kyi Nyunt said. She said he has been suffering from immobility in his hands and high blood pressure. “I left with him some medicines. It would better if there is a regular doctor at the prison.” Kyi Kyin Nyunt was allowed only 20 minutes to talk with her brother, having travelled hundreds of miles from Rangoon to reach Kengtung in eastern Burma.

Min Ko Naing, high-profile pro-democracy activist and ‘88 Generation Students Group leader, has been suffering from an eye infection since the end of March 2008. His requests for a consultation with an eye specialist were initially denied by prison authorities. During the period he was denied treatment, his eye condition deteriorated to the point where he was unable to sleep or eat because of the pain caused by the infection. At the end of April he was prescribed eye drops by a specialist who said that Min Ko Naing’s eyesight has been affected in this way because he had spent many years in damp conditions in prison.

Although Min Ko Naing has received some treatment while in detention, his condition worsened again, partly due to a fire which broke out at Insein prison on Saturday May 3 in the aftermath of Cyclone Nargis. The cyclone ripped roofing off buildings and flooded prison wards. The resulting fire caused thick smoke to envelope much of the prison, and this smoke exacerbated Min Ko Naing’s eye condition. In addition, the roof of the food warehouse was completely destroyed, and bags of rice were soaked by heavy rain. The rice became moldy and inedible. The International Committee of the Red Cross (ICRC) replaced the rice bags as soon as it learned of the situation, but prison authorities used the new rice provided by the ICRC only on three days: May 19, 20 & 21. They then continued to give the prisoners the moldy, inedible rice. As a result many prisoners have suffered from ill health, experiencing diarrhea, dysentery, vomiting, dizziness, skin allergies, swollen stomachs and typhoid. Prison authorities have not provided adequate medical care for those suffering from these ailments.

In mid-June, Min Ko Naing requested emergency medical treatment because his health had deteriorated, but the request was denied. On June 25 the mother of Arnt Bwe Kyaw, another political prisoner, told Democratic Voice of Burma, “His sister told me that Min Ko Naing was suffering from high blood pressure, an eye infection and gout. His family has sent him medicine but his health has not improved yet. His family is very worried about Min Ko Naing’s health.” The prison authorities have a long history of refusing medical treatment to political prisoners in order to force them into physical and psychological submission.

CURRENT STATUS SUMMARY:
On October 29, 2008 Min Ko Naing and eight other leaders of the 88 Generation Students Group were sentenced by the Northern District Court inside Insein prison to 6 months imprisonment under section 228 of the Penal Code for contempt of court after they demanded that their families be allowed to attend their court hearing and refused to answer the Judge’s request for a plea of guilty or not guilty. On October 31, they were transferred to Ma-ubin Prison in the Irrawaddy Division where their trial continued.
On November 11, along with the other eight prisoners held at Ma-ubin, was sentenced to 65 years in prison after being convicted of charges related to participation in demonstrations during August 2007. On November 15, the group of nine was transferred back to Insein prison. At 3:00 am on Sunday, November 16, Min Ko Naing was transferred to Kentung prison in Shan state, Northern Burma.

CAREER BACKGROUND:
Min Ko Naing, 46, has been one of the most prominent and outspoken opponents of the military regime. His original name is Paw Oo Tun, but he acquired his adopted name – meaning “conqueror of kings” –during the 1988 popular uprising.

In the mid-1980s, Min Ko Naing began to express his political dissent though his poetry and satirical cartoons. During Than Gyat, (the performance part of Thingyan, a festival celebrating Burmese Buddhist New Year in April), he and his troupe would perform plays highlighting the lack of freedom and democracy in Burma and satirising the country’s corrupt officials and dictators. He and his fellow students also formed a clandestine study group which met to discuss current affairs and how to effect democratic change in Burma.

Min Ko Naing strongly believed in the power of peaceful and non-violent student movements and went on to lead the “civil disobedience” movement in opposition to the regime’s oppressive laws banning gatherings of more than four people. His speeches, public pledges and poems caught the imagination of the people, and made him a leading light in the peaceful opposition movement to military rule. He became an inspirational figure for his fellow students and the people of Burma.

On August 28, 1988, he was elected Chairperson of the All Burma Federation of Student Unions (ABFSU) at the first student conference since 1962. After the military brutally crushed the popular uprisings in August 1988, thousands of students and other activists escaped to the border. Some started an armed struggle alongside established ethnic minority resistance groups, and others fled to safety across the Burmese/Thai border. However, Min Ko Naing refused to flee to safety, choosing instead to remain inside Burma to continue his pro-democracy work. In an interview with Asia Week magazine in 1988, he said, "I'll never die. Physically I might be dead, but many more Min Ko Naings will appear to take my place."

Min Ko Naing was detained in March 1989. He was kept in solitary confinement without charge or trial and in December 1991, was arbitrarily sentenced to 15 years' imprisonment. He was released in November 2004 after spending 16 years in jail. In an interview with Radio Free Asia (RFA) following his release, he said, “It gave me confidence in prison to know that although my journey is rough and dark, I am not alone, and I am with my comrades. As a result, I have finished the long journey.” He also thanked people around the world for their support: “While we were in prison, they [people around the world] gave their support and encouragement to us; they did their best for us. We felt like a person in a winter river that catches sight of a small light far away. We did not feel it directly; we partially felt it. However, it’s enough for us. We will never forget their support. Please, give our thanks to all those who worked for us.”

On September 6, 2005 Min Ko Naing helped found the 88 Generation Students Group, together with other prominent activists from the 1988 uprising. On September 27, 2006, he, Min Zeya, Htay Kywe, Ko Ko Gyi and Ko Pyone Cho were arrested by special police forces for their pro-democracy activities, including the “White Sunday” campaign, which began in early 2006. Every Sunday around 100 pro-democracy activists wore white clothing similar to that worn by political prisoners and went to visit the families of political prisoners in an act of solidarity and protest. The activists were all released on January 11, 2007. On March 11, 2007 they reinitiated the White Sunday Campaign.

In August 2007, Min Ko Naing was a leader in demonstrations against the regime’s economic mismanagement, hikes in fuel and commodity prices, and the falling standard of living. On August 19, 2007, 88 Generation Students Group activists including Min Ko Naing led a march by more than 400 people from Rangoon’s Kokine junction to Tamwe market in a protest against high fuel prices. The activists, who had attended a memorial service for late National League for Democracy leader U Kyi Maung in Bahan township, walked to Tamwe instead of paying for bus fares pushed higher by increased gas prices. The Burmese government had raised the price of subsidised fuel by between 100 and 500 percent, causing the cost of public transport and a number of staple commodities such as rice and cooking oil to increase dramatically. Min Ko Naing said that Rangoon residents who witnessed the protest voiced their support for the group’s move. “We were applauded by people riding on buses. Some even got off the buses and joined us as we walked,” he told DVB.

On the night of August 21-22, 2007, Min Ko Naing and other leading activists were arrested for their roles in organizing the demonstrations against rising fuel and commodity prices.

International Prizes of Min Ko Naing

1. 1991 – John Humphrey Freedom Award. (Canada)
2. 2000 – Homo Homini Award (Czech Republic)
3. 2001 – Student Peace Prize (Norway)
4. 2002 – Honorary Citizenship (Italy)
5. 2005 – The Civil Courage Prize (United States)
6. October, 2008 – 88 generation students including Min Ko Naing, who have been detained in Insein Prison, were awarded the “2008 President’s International Democracy award” from the American Federation of Teachers(with more than 1.4 million members) in the United States.

ARREST DETAILS:
On August 21, 2007 Min Ko Naing was arrested in a late-night raid on his home, as were many other leaders and prominent members of the 88 Generation Students Group, including Ko Ko Gyi, Pyone Cho, Min Zeya, Mya Aye, Ko Jimmy, Ko Zeya, Kyaw Kyaw Htwe, Arnt Bwe Kyaw, Pannate Tun, Zaw Zaw Min, Thet Zaw and Nyan Lin Tun. The New Light of Myanmar said that those arrested were accused of “breaking the law guarding against acts undermining the efforts to successfully carry out peaceful transfer of State power and facilitate the proceedings of the National Convention.”

1. Prosecuting police officer Myint Aung (du-ye`-hmue or lieutenant major) accused Min Ko Naing using sections 17/20 and 21 in Dawbon Township Court Case No. 392/2008.
2. Prosecuting Police officer Zaw Min Aung (du-ye`-hmue-gyi or Major) accused Min Ko Naing using sections 17/1 and 21 in Thingangyun Township court Case No. 724/2008 and section 33 (a) in Rangoon Northern District court Case No. 90/2008.
3. Prosecuting Police officer Ye Nyunt (du-ye`-hmue or lieutenant major) accused Min Ko Naing using section 32 (b)/36 in Thingangyun Township court case No. 725/2008, section 24/1 and 21 in Thingangyun Township court case no.726/2008, and section 24/1 to 21 in Thingangyun Township court case no.727/2008.

DETAILS OF IMPRISONMENT:
After his arrest on August 22, 2007, Min Ko Naing was first detained at Insein Prison, No. 1 cell block in Cell No. 10. He was held in solitary confinement for 23 hours and 40 minutes a day.

There is some evidence that Min Ko Naing has been tortured. According to a September 20, 2007 report in The Irrawaddy: “A prisoner released from Insein prison said four prominent activists arrested with nine others on August 21 were in the prison hospital. He named them as Min Ko Naing, Mya Aye, Kyaw Min Yu (also known as Jimmy) and Kyaw Kyaw Htwe (aka Marki). The released prisoner said the four had been tortured under interrogation. Screens had been placed around their hospital beds, he said.”

In September 2007, the families of detained 88 Generation Students Group leaders asked the International Committee of the Red Cross in Burma for help in trying to locate the activists. Finally, in November, members of the group were allowed to receive visits from their families for the first time.

In mid December, Min Ko Naing, along with some other 88 Generation prisoners, was moved from Insein Annex prison to Insein main prison.

The trials of the 35 members of the 88 Generation Students Group, led by Min Ko Naing, started on August 27, 2008 and continued on September 9. They, 9 females and 26 males, were brought before Rangoon Eastern District Court which was held inside Insein prison. Most had been detained in prison without trial for more than a year, since August 21, 2007. Their cases were heard by eight courts, Insein Township Court, Hlaing Tharya Township Court, Rangoon Eastern District Court, Rangoon Northern District Court, Thinganyun Township Court, Dawbon Township Court, South Okkalapa Township Court, and North Okkalapa Township Court, all have been held inside the Insein prison.

The accused included Min Ko Naing, Ko Ko Gyi, Pyone Cho, Min Zeya, Mya Aye, Jimmy, Zay Ya, Kyaw Kyaw Htwe, Arnt Bwe Kyaw, Pannate Tun, Zaw Zaw Min, Thet Zaw, Nyan Lin, Than Tin aka Kyee Than, Htay Kywe, Hla Myo Naung, Aung Thu, Myo Aung Naing, Thet Thet Aung, Thein Than Tun, Tin Htoo Aung, Zaw Htet Ko Ko, Chit Ko Linn, Thaw Zin Tun, Aung Gyi @ Aung Thike Soe, Saw Myo Min Hlaing, Thin Thin Aye(F), Sandar Min(F), Nwe Hnin Ye(F), Thara Phe Theint Theint Tun(F), Aye Thida(F), San San Tin(F), Lay Lay Mon(F), Hnin May Aung(F). On August 7, Mar Mar Oo (F) was arrested and on September 10, Nilar Thein (F), was arrested. On October 13, they were added to this group.

Their seven Defense Lawyers are U Aung Thein, U Khin Maung Shein, Daw Khin Htay Kywe, U Kyaw Hoe, U Myint Thaung, U Pho Phyu, and U Nyi Nyi Hlaing.

They were charged with 21 counts under the following laws:
1)Section 130/b of the Penal Code (committing depredation of foreign governments at peace with Burma) for open criticism of China and Russia for their use of veto power to reject the Burma resolution at the UN Security Council;
(2) Section 4 of 'Endangering National Convention' (SPDC Law No. 5/96) for criticism of the national convention and constitution writing process;
(3) Section 17/20 of the Printers and Publishers Registration Act for failure to obtain permission to print publicity pamphlets and for possession of printers without registration;
(4) Section 33(a) of the Electronic Transactions Law;
(5) Section 17 (1) of the Unlawful Association Act;
(6) 24/1 of the Law Amending the control of money (for illegal possession of foreign currency);
(7) 32(b)/ 36 of the Television and Video Law;
(8) Section 6 of the Organization of Association Law for forming an organization without permission;
(9) 505(b) of the Penal Code for denouncing the government.

At the August 27 trial, nine student leaders (Min Ko Naing, Ko Ko Gyi, Pyone Cho aka Htay Win Aung, Mya Aye, Hla Myo Naung, Nyan Lin, Aung Thu, Myo Aung Naing and Ko Htay Kywe) as well as the other detainees demanded that they should not be handcuffed during the hearing and that their family members, public and media should be allowed to attend the hearing. On September 9, Min Ko Naing was quoted in Burma Digest (October 1, 2008) as saying, “You can sentence us to a thousand years in prison for our political activities, but we will continue to defend ourselves in accordance with the law. Nobody can hide from justice.” During the September 10 hearing, they were still handcuffed, but their family members were allowed to attend. The judge heard from the prosecutor who made his cases based on documents obtained from Internet.

On October 15, 2008, all Township Courts handed over the cases to three District Courts: Rangoon Eastern District Court, Rangoon Western District Court and Rangoon Northern District Court. These three District Courts are hearing the cases inside Insein prison Compound.

The trial continued on October 27. Many defendants withdrew their attorney power from their lawyers, as they believed the trial was not fair. Some refused to answer the questions of the prosecutors. Security was still tight and the defendants were concerned for their safety. On October 29, the nine student leaders (Min Ko Naing, Ko Ko Gyi, Pyone Cho aka Htay Win Aung, Mya Aye, Hla Myo Naung, Nyan Lin, Aung Thu, Myo Aung Naing and Ko Htay Kywe) were sentenced by the Northern District Court inside Insein prison to 6 months imprisonment under section 228 of the Penal Code for contempt of court after refusing to respond when asked by the judge them three times whether they were guilty of not. The presiding judge at the trial ruled that the activists had "interrupted a public servant at a judicial proceeding" by repeatedly asking for an open trial that relatives could attend, said attorney Aung Thein, one of three lawyers for the activists. Some other defendants then stood up and demanded the judge to sentence them too. Security forces surrounded the court and the judge ordered them to remove all the defendants from the court and adjourned the trial. On October 31, the nine who were convicted were transferred to Ma-ubin prison in the Irrawaddy Division. Their trial continued in Ma-ubin District Court, which will be held inside the Ma-ubin prison Compound. On November 1, their families were allowed to visit them in Ma-ubin prison.

In addition to being convicted of contempt of court under Section 288 of the Penal Code on October 29, on November 11, Min Ko Naing was sentenced, along with the eight other activists held at Ma-ubin, to 65 years in prison.
He was convicted of 5 counts of the indictment:
1) One charge under Section 6 of the Unlawful Association Act for organizing an organization without permission; for this charge he was sentenced to 5 years.
2) Four charges under Section 33(a) of the Electronic Transactions Law; for each of these he was sentenced to 15 years.
On the same day, fourteen of the original group of 35 held in Insein prison (Min Zeya, Zaw Zaw Min, Kyaw Min Yu aka Jimmy, Than Tin aka Kyee Than, Zay Ya aka Kalama, Arnt Bwe Kyaw, Kyaw Kyaw Htwe aka Marky, Pannate Tun, Thet Zaw, Thin Thin Aye aka Mie Mie, Mar Mar Oo, Nilar Thein, Sandar Min aka Shwee, Thet Thet Aung) were also sentenced to 65 years on these same charges. It is expected that those convicted will receive more sentences as their trials continue under the remaining 16 counts of the indictment.

On November 15, he and the other eight activists held at Ma-ubin were transferred back to Insein prison. At 3:00 am on Sunday, November 16, Min Ko Naing was transferred to Kentung prison in Shan state (northern Burma). According to a report from Democratic Voice of Burma (November 18, 2008) before they were taken away from the court, Min Ko Naing and Ko Ko Gyi spoke of their continued commitment to the pro-democracy movement. "We don't care about the jail sentences we have been given – we are ready to make even more sacrifices to free our people from the troubles they are suffering," said Min Ko Naing. "Please don't give up now as we are sure that we will reach our goal one day."

Aung Thein, Khin Maung Shein, lawyers in the case, were sentenced in absentia to four months detention during the trials (on November 7th). Three other defense lawyers who were representing several dissidents, Kyaw Hoe, Myint Thaung, and Khin Htay Kywe, have also been barred from representing their clients since early November.

*Profile prepared by the Assistance Association for Political Prisoners (Burma) on May 6, 2008 – updated on June 30, 2008, on September 15, 2008, September 24, 2008 and November 21, 2008.*