Candle for Zaganar

IMMEDIATE HEALTH CONCERNS:On October 15, 2008, Zarganar asked his family to bring him medicine for liver and stomach complaints.

NAME OF POLITICAL PRISONER: U Thura Zarganar
Ethnicity:Burmese
Age:47
EDUCATION: A degree in dental surgery from Yangon University of Dental Medicine in 1985
OCCUPATION: Comedian, Film Actor and Director, Former P.P
ARREST DATE: June 4, 2008
SECTION OF LAW:295 (A), 505 (B), and 6 charges in total
SENTENCING HISTORY:Sentenced to 45 years in prison on November 21, 2008
COURT HEARING: Special Court in Insein prison – (under the jurisdiction of Rangon Western District Court)
NAME OF PRISON:Myitkyina prison from Insein prison on 4 December 2008

CURRENT STATUS SUMMARY:
On 13 January 2009, Prison authorities have also denied political prisoners their right to visits from their family. In many cases the authorities denied family members the right to see their loved ones, even after they had travelled hundreds of miles to remote jails to visit them, at great expense. This has had a particular impact on high profile activists who are held in the most remote prisons, and their families. Ma Nyein, the sister-in-law of the comedian and activist Zarganar who is being held in Myitkyina prison in Kachin State (over 900 miles from Rangoon), said in a media interview, "Prison officials there just rejected our request to visit Ko Thura without giving any reason,” Ma Nyein said. “It made us feel sad to see the prison walls, knowing he was on the other side of them,” she said. “We just wasted our time, money and energy.” According to the regime’s own jail manual, political prisoners are entitled to family visits once a fortnight.

He won the Cyber-dissident award from RSF (Reporters Without Borders) along with Burmese Blogger Nay Phone Latt on 4 December 2008. At that day, he was transferred to Myitkyina prison, Kachin state from Insein prison.

On November 21, 2008, Zarganar was sentenced to 45 years in prison for violations of the Electronic
Transactions Act. He is currently being held in Insein prison, awaiting hearings for the remaining charges against him.

CAREER BACKGROUND:
U Thura (also known as Zarganar, meaning ‘tweezers’ in Burmese) was born into a political and intellectual family; the youngest of three sons of well-known writer Daw Kyi Oo and U Nan Nyunt Swe. U Thura graduated from Yangon's elite Dagon 1 High School in 1977 and received a degree in dental surgery from Yangon University of Dental Medicine in 1985. While in dentistry school, he worked as a volunteer literacy teacher in Chin State and wrote about his experiences in a book, published by the Sape Beikman, the country's official literary publishing house.
During the 1988 uprising, Zarganar was arrested for being an "instigator" and sent to the notorious Insein prison for several months. After his release, Zarganar was arrested again for helping his mother during her campaign to run candidate as an individual for the May 1990 general elections. He was sentenced to a further 5 years imprisonment in Insein prison in May 1990. While in prison, he was awarded the Lillian Hellman and Dashiel Hammett Award, given by the Fund for Free Expression, a committee organized by New York based Human Rights Watch.
In May 2006, Zarganar was banned from performing in the country after giving an interview to the BBC regarding government regulations on the Thingyan water festival, and for making a television commercial suggesting Taiwanese Independence.
On 25 September 2007, Zarganar was arrested at his home for his role in the monks’ “Saffron Revolution”. During the preceding two days he had publicly delivered food and water to Buddhist monks preparing to protest, together with fellow Burmese actor and celebrity Kyaw Thu. The weekend before that, he had urged the public to support the monks in interviews with radio stations based outside Burma. He was released from Insein prison on 17 October 2007. After his release, he reported to Radio Free Asia on prison conditions: “I started having pneumonia, and I was in trouble,” Zagana said. “I didn’t think I was going to be released. I was kept with the military dogs. How rude and wicked. I was there with 30 dogs…I caught a cold because it had a cement floor. It wasn’t suitable for sleeping. From there, they sent me to an inner room in unit five, to a special room. It was a bit better there. It’s nice in that special room. We can take a bath. So I caught a cold and had pneumonia,” Zagana said. “The lives of youths here have been destroyed. They are in prison, and some have died,” Zagana said. “In the prison, there were some monks with gunshot wounds on their backs. Also, I saw old monks around the age of 72 who got kicked in the ribs, and so they were leaning on one side.” (October 23. 2007)
After Cyclone Nargis devastated vast swathes of the Irrawaddy delta, Zarganar was heavily involved in delivering volunteer disaster relief aid in the cyclone-damaged areas. He was one of the first to initiate dprivate aid deliveries to victims and organised a team of 400 volunteers from the entertainment world who brought relief aid to 42 villages.(AsiaNews.it) The difficulties related to these efforts were evident in an interview with the Irrawaddy reported on June 5, 2008 after his arrest, during which Zaganar said: “At the beginning, we took risks, and we had to move forward on our own. Sometimes we had confrontations with the authorities…For example, they asked us why we were going on our own without consulting them and wanted us to negotiate with them. They said they couldn't guarantee our lives.”

Zaganar is married to Ma Lwin Mar Oo who lives in the United States.

ARREST DETAILS:
The comedian, actor and director U Thura (aka) Zarganar, who was leading volunteer aid efforts for Nargis Cyclone victims, was arrested at 9 pm at his Sanchaung home on 4 June 2008. Family members confirmed that the district police commander of Western Rangoon together with 9 other policemen came to the house at 8:30 pm and searched it thoroughly. The police officers confiscated a computer, video CDs of Than Shwe's daughter's wedding, Rambo 4 (banned in Burma) and footage of Cyclone Nargis and its aftermath, a cash account book and 30 foreign exchange coupons (each valued at $1, used in place of hard foreign currency which is banned in Burma).
“They said it would take one or two days but they asked us to pack medications and clothing,” Ma Htwe, Zarganar’s sister-in-law, told Radio Free Asia’s Burmese service. “They said they would bring him back, but he’s still not home. I didn’t believe them. They always do that, they always say one or two days, but I never trust them. They are always trying to twist and turn the law,” Ma Htwe said. “We have always been bullied, whatever happens they say it’s Zarganar, never anyone else. Everyone from the arts world has done this, but no one else has been called for interrogation. Only Zarganar,” she said.

DETAILS OF IMPRISONMENT:
After his arrest in June 2008, Zarganar first appeared in court at the beginning of August. As of that
time, his family were unable to see him; nor had they been given information regarding his detention or
the charges against him.

On August 21, 2008, Zarganar appeared before Insein Prison Special Court, under the jurisdiction of
Rangoon Western District Court. He was accused with a total of 6 charges, brought by police officer U
Ye Nyunt. Also accused were Zaw Thet Htway (a former political prisoner and magazine editor), Thant
Zin Aung and Khin Maung Aye. All were closely involved in cyclone relief efforts.
Zarganar and his co-accused face the following charges brought by the police prosecutor:
(1) Section 505 (B) of the Penal Code, for statements inciting public mischief act (or “disturbing public
order”)
(2) Section 295 (B) of the Penal Code, for deliberate and malicious insult to religion
(3) Section 32 (B) and 36 of the Television and Video Law;
(4) Section 17 (2) of the Unlawful Association Act
(5) Section 33 (a) and 38 of the Electronic Transactions Act

"The prosecution submitted as evidence photos of him that have appeared in Burmese exiles' media
websites, such as Mizzima News and Irrawaddy. The prosecution claimed that these exhibits illustrated
disaffection towards the state and government. They also submitted the transcript of a radio interview
given by Zarganar to BBC and VOA," his lawyer U Aung Thein said in a Mizzima news report on
August 18, 2008.

On October 9, 2008 prosecutor police major Ye Nyunt who brought the charges in Zarganar’s case,
attempted suicide, according to Radio Free Asia.

NLD lawyer U Aung Thein had been representing Zarganar, but on 20 October he announced that
Zarganar and another client U Gambira would withdraw the power of attorney from their lawyer in
protest at the unfair way in which their trials are being conducted. U Aung Thein and his colleague U
Khin Muang Shein were both sentenced to 4 months in prison on 7 November on charges of contempt
of court.

On November 21, 2008 Zarganar was convicted on several criminal charges, including infringements of
the Electronic Transactions Act (for 'disaffection towards state and government' by using the internet
according to Mizzima News) and 505 b of the Penal Code, and sentenced to 45 years in prison. On the
same day, his colleagues Zaw Thet Htway and Thant Zin Aung were both sentenced to 15 years. They
also face outstanding charges. Khin Maung Aye was also sentenced on the same day, to 29 years.
On November 21, Mizzima reported the following interview with Zarganar’s sister-in-law, Ma Nyein: "I
am proud of my elder brother-in-law. He was arrested because of his relief effort among Cyclone Nargis
victims. The government's action is arbitrary. My brother cracked a joke when the judge pronounced his
judgment. 'I was given 45 years prison term on an 'I' case. I was sent to Insein prison when I used
Internet to study IT (Information Technology)'.” The Mizzima report added that family members were
not allowed to attend the court proceeding. Only his defence counsel Khin Htay Kywe was allowed to
enter the courtroom. She served as defence lawyer in this case along with lawyers Aung Thein and Khin
Maung Shein. The court fixed November 27 to hear five remaining cases against him. His family and
defence lawyer have not yet decided to go for an appeal and will discuss this possibility with him when
they visit him this week.

Honorable Award:
1. In 2008 PEN Canada launched its 25th Anniversary by granting its “One Humanity Award” to Zargana. He was also given “Empty Chair” recognition at the festival at which the award was presented. The One Humanity Award is given to intellectuals or writers whose works reflect "honest, good judgment and a courageous belief in the peaceful expression of ideas through any medium." In a press release, the president of PEN Canada, Nelofer Pazira, reiterated the association's support for "fearless" writers who, because of their work, have been reduced to silence in various ways. "Writers are routinely killed, imprisoned, threatened and harassed for expressing their ideas,” Pazira said. (quoted in AsiaNews.it, October 22, 2008).

2. He received the Lillian Hellman and Dashiel Hammett Award, given by the Fund for Free
Expression, a committee organized by New York based Human Rights Watch in 1991.

3. He has held honorary membership in PEN Canada since 1990.

*Profile prepared by the Assistance Association of Political Prisoners (Burma) on 19 June 2008, and updated on
30 Jan 09.*