Candle for Nilar Thein

Nilar TheinAge: 36
EDUCATION: Grade 10 Student in 1988
Leading member of 88 Generation Students Group
ARREST DATE: September 10, 2008
Sentenced to 65 years in prison on November 11, 2008
NAME OF PRISON: Insein prison, Thayet prison

CURRENT STATUS SUMMARY:
Nilar Thein was sentenced to 65 years in prison on November 11, 2008 after being detained since September 10, 2008 and convicted of charges related to participation in demonstrations during August 2007. She was transferred to Thayet prison in Magwe division 340 miles from Rangoon on November 20th.

CAREER BACKGROUND:
Nilar Thein participated in the 1988 democracy movement when she was only a high school student. . She was a member of the All Burma Federation of Student Unions and was jailed first in 1991 for 2 months. Her struggle for a just society is rooted in her experience of the 1988 uprising, when she witnessed government soldiers killing, beating and arresting demonstrators outside her Rangoon home. "I still hear those voices in my ears and see those scenes in my mind," she said. "I desperately want to get rid of this evil system.”

Nilar Thein was arrested again on June 6, 1998 for participating in student demonstrations in Rangoon after she, rather famously, slapped a policeman trying to block her way during one of the anti-governmental rallies that she co-organized. She was sentenced to seven years imprisonment under Act of 5 (j), an emergency security act, and another three years imprisonment under Act 332 for slapping the policeman. She spent the next five years in Insein and Tharrawaddy prisons and was released on July 6, 2005. While in prison, she suffered from rheumatic heart disease. After she was released from prison, she needed medical treatment for a long time. When she refused to give up her political activities after her release, her parents disowned her officially. “She has said she forgives her parents for they may have no choice.” (Octobert 15, 2007 interview on Radio Free Asia)

She married Kyaw Min Yu (aka Jimmy) on May 28, 2006.

Nilar Thein is a leading member of the 88 Generation Student Group and played an active role in the September 2007 protests against the regime’s economic mismanagement, hikes in fuel and commodity prices, and the falling standard of living. Following an overnight fuel price hike on August 15, 2007, the 88 Generation Students Group, along with other opposition groups, staged peaceful walking protests throughout Rangoon, which then spread across Burma. On August 19, 2007, the group 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. Both Nilar Thein and her husband, Kyaw Min Yu, helped to lead this march.

On August 21, 2007, Kyaw Min Yu was arrested along with 12 88 Generation Students Group colleagues, including prominent student leader Min Ko Naing as well as Ko Ko Gyi, Min Zeya, and Mya Aye. After Arrest of these leaders, Soe Tun, Tun Myint Aung, and Nilar Thein assumed leading roles in the 88 Generation Students Group and continued their activities. The day after the arrests Nilar Thein and Mie Mie (aka Thin Thin Aye) led almost 500 people in a demonstration, marching along Insein road towards Thamine junction in Rangoon, to demand the release of fellow activists and to continue the protest against the sudden increase in fuel prices. On September 17, 2007, they issued a statement urging an end to the Junta’s violent actions and appealing to the international community to take action to resolve the grave human rights situation and the abuses that women suffer under the military regime in Myanmar.

In mid October, Nilar Thein and three other prominent activists, Tin Moe Lwin, and Phyu Phyu Thin and Ni Mo Hlaing from the National League for Democracy, signed a letter urging the United Nations to help protect women in Burma from rights abuses and ensure the Burmese regime comply with its obligations under international law. In an October 25 interview, Nilar Thein told Democratic Voice of Burma that they hoped the letter could draw support from international institutions and women’s groups. "[We] are living in danger now, as is our leader Daw Aung San Suu Kyi. We are submitting this letter to prevent the same thing happening again in the future," The release of the letter was timed to coincide with an October 23 roundtable discussion hosted by the Burma UN Service Office focusing on the implementation of UN Resolution 1325 on women, peace and security. The letter called for the international community “to take immediate measures to help protect women in Burma from continuing human rights abuses, including arbitrary detention, ‘hostage-taking’, torture, other ill-treatment, and a lack of access to medical care”. It condemned the common practice of wives and other family members being taken hostage by security forces taking wives and other family members hostage in the hope of persuading wanted political activists to give themselves up for arrest, and it urged UN and ASEAN member states to persuade the Burmese government to immediately and unconditionally release all women political activists, including Daw Aung San Suu Kyi, and to hold the regime to its commitments under international agreements.

All four women were in hiding from authorities at the time to avoid being arrested for their part in the anti-government protests. Having been listed by authorities as a wanted person, Nilar Thein had been forced to part from her four-month old baby daughter.

On March 5, 2008, Nilar Thein, Su Su Nway, and Phyu Phyu Thin received the Homo Homini Award from the central European nongovernmental organization People in Need. Ma Lae Lae Nwe from Assistance Association for Political Prisoner (Burma) received the Award on behalf of the three women activists. Nilar Thein was a clear choice for the award. Faced with the choice to remain silent in the interests of her family or to join in the movement to bring democracy to Burma, she endured jail and separation from her baby. "Only if we end this bad system will the future of Burma's people, including my daughter's, be bright," she said. "I love my daughter. I had to leave her, but I believe she will later understand why."

On June 19, 2008 The Nation published an article, “Who will save Burma's women and children?”, by Nilar Thein. In it she wrote: “I woke up from a dream in the middle of the night. I was with my daughter, playing in a small garden…I hope that Secretary of State Rice and other leaders at the UN Security Council will give consideration to Daw Aung San Suu Kyi and the women of Burma during their debate. Resolution 1325 is a great development, but implementation and enforcement is still in question. When the government itself is the abuser of human rights and the perpetrator of rape and other forms of gender-based violence, who will protect the victims? Who will end their tragedy? Who will secure the joyful reunion of mothers with their children? The appeasement policy of some bureaucrats is shameful. Effective and urgent action from the UN Security Council is necessary to help the women in Burma. No more debate. Take action. Please let me be happily reunited with my daughter.”

ARREST DETAILS:
After evading authorities for one year, Nilar Thein was arrested on September 10, 2008 possibly while going to visit the Daw Tin Tin Win, mother of fellow activist Arnt Bwe Kyaw in Rangoon's Yan Kin Township.

DETAILS OF IMPRISONMENT:
The trials of 35 members of the 88 Generation Students Group started on August 27, 2008 and continued on September 9. They, 9 females and 26 males, were brought before the Rangoon Eastern District Court, which was held inside the Insein Prison. Some had been detained in prison more than a year, since August 21, 2007, without trial. Their cases were to be 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 courts were held inside the Insein Prison.

Detainees 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 Linn, 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 6 October 2008, Nilar Thein and other group members attended a hearing in Insein prison's special court. On October 13, Mar Mar Oo (F), arrested on August 7, and Nilar Thein were added to the group of 35.

Their seven Defense Lawyers were 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.
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 heard the cases inside Insein prison compound.

The trial continued on October 27. Many defendants withdrew power of attorney 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, nine of the 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 presiding judge three times whether they were guilty or not. According to attorney Aung Thein, one of three lawyers for the activists, the judge ruled that the activists had "interrupted a public servant at a judicial proceeding" by repeatedly asking for an open trial that relatives could attend. Some of the 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 of contempt of court were transferred to Ma-ubin prison in the Irrawaddy Division. Their trial continued in Ma-ubin District Court, held inside the Ma-ubin prison Compound. On November 1, their families were allowed to visit them in Ma-ubin prison.

On November 11, 2008, Nilar Thein was sentenced, along with 13 other activists (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, Sandar Min aka Shwee, Thet Thet Aung), to 65 years in prison. She was convicted of 5 counts of the indictment:
1) One charge under Section 6 of the Organization of Association Law for forming an organization without permission; for this charge she was sentenced to 5 years.
2) Four charges under Section 33(a) of the Electronic Transactions Law; for each of these she was sentenced to 15 years.
On the same day, the nine activists sent to Ma-ubin prison were also convicted on the same counts.
It is expected that those convicted will receive more sentences as their trials continue under the remaining 16 counts of the indictment.

Nilar Thein was transferred to Thayet prison in Magwe division 340 miles from Rangoon on November 20th. Her husband Kyaw Min Yu was transferred to Taunggyi prison, Shan state on November 20st.

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.

*This profile was prepared by the Assistance Association for Political Prisoners (Burma) on 12 September 2008, and updated on November 27, 2008.*

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