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The year 2006 provided no relief for upwards of 1,100 political prisoners held in Burma’s prisons and the numerous but unaccounted-for persons detained in military camps in rural areas or at undisclosed locations for political purposes. [3] “No improvement; no improvement at all,” were the words attributed to the United Nations (UN) Special Rapporteur, Paulo Sergio Pinheiro, on the occasion of presenting his February 2006 report, scrutinising the country’s human rights record. “The situation has deteriorated,” he announced. [4] With the UN Security Council placing Burma on its agenda for consideration on 15 September 2006 and increasing pressure from the Association of Southeast Asian Nations (ASEAN), [5] the country was under renewed international attention. However, despite repeated calls from opposition groups inside Burma, foreign governments and international organisations around the world for the release of its prisoners of conscience, [6] the ruling military junta, the State Peace and Development Council (SPDC), continued to arrest and detain persons for their political beliefs. In his February 2006 report, the UN Special Rapporteur relayed:
In response to international condemnation, the junta’s position on the issue of political prisoners remained defiant. On 19 September 2006, the New Light of Myanmar reported the SPDC’s claim that there are no political prisoners in the country:
As at the end of 2006, 1,114 political prisoners were reported to remain incarcerated in Burma’s prisons. This number included 13 MP-elects (see Appendix I) 188 NLD members, 175 members of ethnic minority political groups, 143 students and 85 monks, all incarcerated for political reasons. These figures do not include the countless persons incarcerated at military camps in the rural areas of Burma, where the threat of arbitrary arrest is constant for the local population. At least 2 prisoners, both MP-elects, remain under executive order detention and approx. 100 political prisoners are reported to be suffering from poor health either caused or exacerbated by unsanitary living conditions, torture or inhuman treatment, diet deficiencies and limited access to medical care. [9] Recent History In 2004, Amnesty International (AI) reported that the junta’s attempts – through threats, arrests and detention – to suppress the peaceful expression of political views and prevent association between persons for political purposes had increased in intensity following the 30 May 2003 attack upon the leaders of the country’s main opposition political party, the National League for Democracy (NLD), General Secretary Daw Aung San Suu Kyi and Vice Chairman U Tin Oo in Depayin, Sagaing Division, and their subsequent re-internment. [10] At the same time, in August 2003, whilst Daw Aung San Suu Kyi and U Tin Oo remained under house arrest, the junta announced a seven-point “roadmap” to democracy and the re-convening of the National Convention (NC) for the drafting of a new constitution. However, as per previous years in which the NC was convened (1993 to 1996), the NLD and other opposition parties did not participate largely because the process imposed by the SPDC prohibited the free expression of views. In the lead-up to the next session of the NC in May 2004, AI announced concerns about continued arrests, surveillance, and intimidation of members of opposition political parties. For example, in February 2004, approximately 30 Shan leaders and activists were arrested. In November 2005, they were sentenced to overwhelmingly lengthy prison terms and, in June 2006, their final appeals were rejected by the Supreme Court in Rangoon. [11] In October 2004, the junta removed and arrested Prime Minister Gen. Khin Nyunt, disbanding and arresting many members of the chief agencies under his command that had been charged with surveillance of perceived political dissidents: the Office of the Chief Military Intelligence, Military Intelligence and the National Intelligence Bureau (collectively, MIS). However, the end of MIS did not signal the end of military intelligence activities in Burma. In February 2005, it was reported that these functions became the responsibility of the Office of the Military Affairs Security (OMAS), under the direction of the Directorate of Defence Services and SPDC Chairman Sen. Gen. Than Shwe, [12] with the force they control named SaYaPha, or Military Security Force (MSF). [13] In 2006, the Special Bureau of police (SB) also took on an increased role in intelligence. (See, for example, the incidents below under Section 3.2: Arbitrary and Politically-Motivated Arrests, Detention and Disappearances in 2006 dated 24 March 2006; 27 September 2006 and 30 September 2006.) Year 2006 Monitoring, intimidation, interrogation and detention of perceived oppositional political activists or activities remained a pervasive strategy of the SPDC, despite continued reports by the junta that it is seeking to move towards democracy. [14] The NC reconvened from 5 December 2005 until 31 January 2006, and then again from 10 October until 29 December 2006, but without the involvement of any of the major opposition parties. [15] In September 2006, the UN Special Rapporteur described the process as having become “strictly limited and delineated” over the past two years. [16] Reports of surveillance and harassment of former politicians, political prisoners and activists and those suspected of having political affiliations or views were widespread and increasing in intensity throughout 2006. [17] For example, in June 2006, three months before he was again detained in custody, prominent student leader, Min Ko Naing reported that the regime was keeping him and other pro-democracy voices under increased surveillance; with three men following him wherever he went. [18] Additionally, the MSF conducted an increasingly sophisticated campaign of intimidation and monitoring of ‘informers’ throughout the year, interrogating businessmen, journalists and civil servants, on the basis of accusations that they were giving information to foreign-based, Burmese language radio stations. [19] The activities of political parties remained severely repressed and scrutinised. In February 2006, the NLD made a formal offer to recognise the SPDC as the legitimate transitional government if it agreed to convene the Parliament elected in 1990. The SPDC rejected that offer and again intensified its monitoring and harassment of NLD members. [20] Offices of the NLD remain closed (save for the headquarters in Rangoon) and political meetings were actively prevented by the authorities. NLD members reported being summonsed and intimidated by authorities and having their private business interests interfered with. According to the junta’s English language newspaper, New Light of Myanmar, between 21 April and 8 June 2006, 546 NLD members across Burma quit the party. However, in truth, members (e.g. approx. 1,038 between April and July 2006) were being forced to resign under threat of punitive action or other forms of intimidation. [21] In 2006, the Assistance Association for Political Prisoners (AAPP) documented 78 persons arrested for political reasons. [22] A number of arrests were made immediately preceding scheduled peaceful ceremonies of political or national significance (see, for example, the incidents below under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities dated 19 July 2006; 13 August 2006; 27 September 2006; and 10 December 2006), with many of those arrested released soon afterwards. Further, the SPDC utilised common criminal charges as a means of arresting political dissidents, [23] and the arrest, detention and interrogation of family members of those suspected of committing crimes – political or otherwise was common. Arrest in these circumstances can be for the purpose of extricating information that might incriminate the suspect, for punishing the family for association with or assistance to the suspect, or for punishing the family in lieu of a member who might be absent. Family members may also be held, as hostages, in order that the SPDC’s prime targets give themselves up. Specifically in respect of political crimes, spouses, children and parents are sometimes charged and sentenced along with the primary target, albeit to lesser terms (see, for example, the incidents below under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities dated 14 January 2006; 15 January 2006; early February 2006; 21 February 2006 and 22 September 2006; under Section 3.4: Arbitrary or Politically-Motivated Arrests of Civilians, Arakan State dated 4 November 2006, Chin State dated 14 June 2006; under Section 3.5: Foreigners Arrested and Detained in 2006 dated 5 February 2006; 19 March 2006 and 5 July 2006). Pro-democracy activities continue, however. On 2 October 2006, the 88 Generation Students pro-democracy group began a public campaign to gather signatures for a petition calling for the release of Daw Aung San Suu Kyi and all political prisoners. With the support of the NLD, the petition gathered a total of 535,580 signatures from persons inside Burma and Burmese exiles and refugees in Thailand. It was presented to Sen. Gen. Than Shwe and to the UN. [24] On 10 October 2006, 88 Generation Students launched a further campaign named ‘White Expression’, urging people to wear white clothing to show support for the release of all political prisoners. It was a visible success. [25] A third campaign, called ‘Multiple Religious Prayer’, began on 29 October 2006, urging members of all faiths to pray for a resolution to the political and social problems in Burma. [26] These actions were not without consequence, however, with organisers arrested in conjunction with the signature campaign on forgery or falsification charges (see incidents under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities dated 6 October 2006 and under Section 3.5: Foreigners Arrested and Detained in 2006 dated 2 November 2006). In November 2006, Burma’s police chief Brig. Gen. Khin Yi and Information Minister Brig. Gen. Kyaw Hsan each openly warned that authorities would take actions against those participating in 88 Generation campaigns: “We will have to arrest and charge those who are trying to create public unrest and instability and jeopardize the peace and stability of the country,” Brig. Gen. Kyaw Hsan announced. [27] (For more information on the activities of 88 Generation Students, see Chapter 11: Freedom of Expression, Opinion and the Press and Chapter 12: Freedom of Movement, Assembly and Association). Between 27 and 30 September 2006, five high profile leaders of 88 Generation Students were arrested. They were held in custody for 3½ months, without any communication with the outside world, finally released without charge on 11 January 2007, the day before the UN Security Council’s consideration of the situation in Burma. [28] It is a frequent tactic of the SPDC to employ the release of political prisoners as political capital in a game of ‘cat and mouse’ with the international community. In the past, the junta has at times staged en masse releases of political prisoners. For example in 2004 and 2005, the AAPP estimates that approx. 400 political prisoners were released in several stages. [29] These releases often preceded engagement by the junta with international organisations such as the UN and ASEAN, and have been seen as an attempt to divert criticism at appointed times. [30] A much smaller number of releases of political prisoners was seen in 2006, only 46 in total. [31] Two notable labour rights activists were in fact released in 2006, following upon pressure from the ILO. On 6 June 2006, Su Su Nway, who had successfully sued her local authorities for perpetrating forced labour, was released after serving almost eight months of an 18 month sentence in Insein prison, on charges brought in retaliation to her suit. Her release came three days after the ILO Governing Body convened a special sitting on forced labour in Burma, recommending that actions be taken against Burma in the International Court of Justice. [32] Similarly, on 8 July 2006, lawyer Aye Myint was released after serving nearly one year of a seven year term imposed for charges arising out of his representation of farmers who complained to the ILO against government practices. He was released after the ILO set a 31 July deadline before it would consider taking this and others’ cases before the International Court of Justice. [33] Despite these well-publicised releases, Altsean reported that there remained at least nine others in prisons serving terms for contacting the ILO [34] Further, persons who had cause to appeal or complain about administrative actions taken by local authorities, or governmental programs (for example, compelled growing of castor oil and psychic nut crops) which adversely affect them or their property, were frequently subjected to reprisal prosecutions, usually for making false complaints or defamation of the government (see, for example, incidents under Section 3.2: Arbitrary and Politically-Motivated Arrests, Detention and Disappearances in 2006 dated 23 January 2006 and under Section 3.4: Arbitrary or Politically-Motivated Arrests of Civilians dated early January 2006; 18 January 2006; 25 February 2006; 8 March 2006; 14 March 2006; 29 March 2006; 5 April 2006; August 2006; 27 September 2006 and 29 December 2006). In May and again in November 2006, the SPDC permitted, for the first time since 2004, the attendance upon Daw Aung San Suu Kyi of a UN representative, in this instance the UN Under Secretary-General for Political Affairs, Ibrahim Gambari. [35] However, a week after Mr Gambari’s first visit, Daw Aung San Suu Kyi’s house arrest was extended by executive order for a further year. [36] The house arrest of U Tin Oo and the long-term detention in prison of two other NLD leaders, Dr Than Nyein and Dr May Win Myint, were also administratively extended, in January and February 2006. [37] In this light, the visits were seen by many as deflective tactics, in view of the UN Security Council’s then-pending considerations. [38] Since the suppression of the democracy uprisings in 1988 through 2006, the number of political prisoners known to have passed away in custody or shortly after their release was 131. This included 93 deaths in custody, 8 in interrogation centres, 4 in labour camps and 11 after having been released from prison, for reasons associated with their detention. Furthermore, 15 activists had disappeared from prison, their whereabouts unknown. [39] The figures include, in 2006, five political prisoners who died in prison, all from preventable diseases contracted due to the dire conditions of their internment. Two former political prisoners also died from diseases they had contracted whilst in prison. Arbitrary arrest, detention and disappearance of civilians in rural areas at the hands of SPDC and allied troops within Arakan, Chin, Karen, Karenni, Mon and Shan States persisted throughout the year. Even where ceasefire agreements were in place, civilian villagers were often arrested on grounds of ‘suppression of insurgency’. Arrest and the threat of arrest ensured a supply forced labourers, and a means to extort money, food or other supplies from villagers for military troops. [40] (For further information see Section 3.3: Arbitrary or Politically-Motivated Arrests of Ethnic Minorities). 3.2 Arbitrary and Politically-Motivated Arrests, Detention and Disappearances in 2006 Burma has a number of laws which provide for the imposition of imprisonment by a court for conduct defined broadly enough to encompass peaceful political resistance. Some laws are remnants of the British colonial period whilst others were instated by the military during moments of perceived unrest, (for example, 1950 ethnic group conflict following Independence, 1988 pro democracy uprising, and 1996 initiation of the National Convention). [41] The most frequently used law to sentence people tried for political reasons is the 1950 Emergency Provisions Act (No. 17/50). [42] Articles 2, 3, and 4, which concern assisting people involved in treason, all provide for the death penalty or life imprisonment. Articles 5(e) and 5(j) are most commonly used:
The 1908 Unlawful Associations Act criminalizes association with certain groups. Article 15(2) defines “unlawful association” as that “(a) which encourages or aids persons to commit acts of violence or intimidation or of which the members habitually commit such acts, or (b) which has been declared to be unlawful by the President of the Union under the powers hereby conferred,” providing an unchecked power to the junta to criminalise groups. Article 17(1) provides for imprisonment of two to three years for anyone who “is a member or takes parts in meetings, or contributes or receives or solicits any contribution for such an association, or in any way assists the operations of an unlawful association” and Article 17(2) provides for imprisonment of three to five years for anyone who manages an illegal organisation. [44] The 1923 Official Secrets Act makes it an offence to possess, receive or communicate any document or information of which the disclosure may have an adverse affect on the sovereignty and integrity of the State, or affect foreign relations, or threaten the safety of the state (Article 5). The 1962 Printers and Publishers Law establishes a scheme of registration and submission to an authority for approval, prior to publication (under threat of seven years’ imprisonment) for any printing or publishing of any materials: Article 3, Parts I, 8. Registration will be withdrawn if it was obtained with a view to “harming the ideology and views of the Revolutionary Government of the Union of Myanmar”: Article 10 (Part 4). On 27 June 1989, then Brig. Gen. Khin Nyunt announced that although legally registered political parties could apply for an exemption from the operation of the Law, they could not print material which “Opposes the SLORC (former moniker of the SPDC) ...Insults, slanders or attempts to divide the Defence Forces; Instigates actions that affect law and order and peace and tranquillity...” [45] The 1996 Law No 5/96 (The Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions) provides for the imprisonment of a person to between 3 and 20 years as follows: “No person or organisation is allowed directly or indirectly to violate either of the following prohibitions: instigating, protesting preaching, saying [things] or writing and distributing materials to disrupt and deteriorate the stability of the state, community peace and tranquillity and the prevalence of law and order.” Section 10 (A) of the State Protection Law allows the SPDC to detain individuals for up to five years without charge or trial. In 2006, two NLD MP Elects were held under this act. Arrest and Pre-Trial Interrogation and Detention As can be seen from the UN Special Rapporteur’s reports throughout 2006 and the incidents contained in the report below; in 2006, arbitrary arrests for political purposes remained commonly accompanied by prolonged pre-charge interrogation and torture, whilst the person was unable to contact or be contacted by family or lawyers, and not provided any medical care or access to judicial process. [46] (See, for example, incidents under Section 3.3: Arbitrary or Politically-Motivated Arrests of Ethnic Minorities dated 14 January 2006; 15 January 2006; 5 February 2006; 24 March 2006; early February 2006; 19 June 2006; 31 July 2006; 27 September 2006; 30 September 2006 (x 2); 6 October 2006 and under Section 3.5: Foreigners Arrested and Detained in 2006 dated 18 January 2006; 5 February 2006; 29 March 2006; and 5 April 2006. Similar attributes attended the arrests reported in depth by AI in 2004 in Myanmar, The Administration of Justice – Grave and Abiding Concerns, AI, 1 April 2004.) In particular, MSF and SB police undertake arrests usually at night, from peoples’ homes, who are hooded and handcuffed. They do not provide any reasons for the arrest, any legal documentation, or any advice as to where the person is to be taken or imprisoned, either to the individuals involved, or to family members. There were reports of torture during interrogation, with detainees frequently denied food, water, sleep and the use of toilets. [47] A number of persons were held incommunicado until a trial date, with access to legal advice often actively prevented. [48] As AAPP reported in May 2006:
In his September 2006 report, the UN Special Rapporteur highlighted the lack of censure of such practices by the SPDC as a key feature of the entrenchment of human rights abuses in Burma’s justice system:
Burma’s 1898 Criminal Procedure Code provides some safeguards. Section 61 permits an accused to be detained only for up to 24 hours without charge. For any longer period, an order from a magistrate must be sought, under Section 167 of the Criminal Procedure Code, and such orders can be provided only for up to 15 days, if additional time for investigation is considered necessary. Section 100 provides judicial authority to make “such an order as in the circumstances of the case seems proper” if the magistrate has “reason to believe that any person is confined… that the confinement amounts to an offence.” However, police officials advised AI in 2003 that these processes in practice are only taken to apply to the most serious crimes, and not to political crimes. This was somewhat confirmed by the Attorney General who advised that MI interrogations are not considered to amount to arrest and detention. Rather, arrest is only considered to begin (and by inference, these procedures only apply) when the police are involved. [51] It is unclear what the position would currently be in respect of SB arrests. In any case, the incidents below show that charges and appearances before the court are rarely brought within the 24 hour period (see, for example, incidents below dated 27 September 2006 and 30 September 2006 concerning arrest of 88 Generation Students). Articles 330 and 331 of the 1957 edition of the 1861 Burmese Penal Code, which remains in force, outlaw “hurt” or “grievous hurt” for the purpose of extorting a confession or information for the detection of an offence, but not specifically “torture”, inflicted during interrogation. These articles provide for up to seven or 10 years’ imprisonment respectively. Use of rape as torture would similarly be prohibited by Article 376, which outlaws rape generally, and also provides a penalty of 10 years’ imprisonment. Articles 323 and 325 of the Penal Code would appear to prohibit “hurt” or “grievous hurt” of detainees and prisoners outside the context of interrogation, with penalties of up to one year and seven years respectively. Article 166 of the Burmese Penal Code prohibits public servants from unlawfully injuring anyone while discharging their duties, and provides a penalty of up to one year for this offence. However, the junta remains of the position that torture does not occur in interrogations or imprisonment. When AI raised these concerns in December 2003, the Attorney General insisted, without a hint of irony, that such complaints could not be taken seriously as there would be no witnesses, given that the detainees are held incommunicado. The police indicated that police officers higher up would investigate, and the Chief Justice confirmed that at least in principle, Section 342 of the Penal Code which provides offences for those engaging in “wrongful confinement” could be used by the courts. However, in practice, these protections are not made available. [52] Throughout 2006, it was observed that when reports emerge claiming torture, mistreatment, or even worse, when deaths have occurred in police custody, authorities have denied any responsibility, discrediting the claims, blaming the detainee, harassing those bringing the charges and confirming that appropriate procedures were taken by the police. [53] The fact of pre-trial interrogation and torture being meted out to political prisoners whilst held incommunicado is clearly contrary to international law including: the UDHR to which Burma is a signatory; the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment; [54] Basic Principles for the Treatment of Prisoners; [55] the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; [56] the UN Standard Minimum Rules for the Treatment of Prisoners; [57] and the UN Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. [58] Denial of Fair and Public Trials and Appeals
Although remnants of the British-era legal system remain in place in Burma to protect the rights of an accused, the court system and its functions remain highly flawed, and are particularly susceptible in political cases. The Criminal Procedure Code sets out a number of important safeguards for a defendant in the trial process: the presumption of innocence, the burden of proof to lie with the prosecution, the right not to be compelled to testify against oneself or to confess guilt (Article 342), the right to a ‘pleader’ (either legal counsel or someone else approved by the court) (Article 340), that all evidence be given in the presence of the defendant or his or her lawyer (Article 353), and the right to cross-examine prosecution witnesses and give and call evidence (Articles 208, 340). The Judiciary Law 2000 requires open court trials (save for as deemed necessary by the presiding judicial officer), that courts run their processes according to law, with a right to defence and a right of appeal (Section 2, see also Articles 408-410 of the Code of Criminal Procedure), including setting out the framework for appeals from Township Courts, District Courts, State and Divisional High Courts, through to the Supreme Court. However, in practice and despite public statements by the junta to the contrary, former and current political prisoners’ accounts show that rarely are these safeguards afforded to persons charged with political offences: [59]
As the UN Special Rapporteur reported in February 2006, “trial procedures of those detained on charges of a political nature fall far below international standards.” [61] Sentences As referred to above, in most cases of political offences, the maximum sentence provided for is imposed. Further, where a person faces conviction for several offences, the sentences are applied cumulatively, rather than concurrently, even though there remains some discretion with the judicial officer to choose between the two. The result is that some political prisoners are facing sentences of such length that it is inevitable they will die before the sentence is completed. [62] Burma still has the death penalty available for some political (and other) offences. In December 2003, the military junta assured AI that no executions would be carried out. Burma is not known to have carried out judicial executions in past years, but death sentences are still imposed, [63] (see, for example, incidents under Section 3.2: Arbitrary and Politically-Motivated Arrests, Detention and Disappearances in 2006 dated 14 January 2006 and early February 2006; and under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities for Shan State dated 2 January 2006 (4 March 2006).) Despite the absence of judicial executions, arbitrary and summary executions were a pervasive aspect of SPDC governance throughout 2006 (For more information see Chapter 2: Extra-judicial, Arbitrary and Summary Executions). Theoretically, every prisoner has the right to parole, of at least 60-90 days a year (Chapter 11, Article 59(5) of the Union of Myanmar Prison Manual). However, political prisoners are almost inevitably required to serve the entire sentence imposed. For example, Burmese poet and journalist Than Win Hlaing has remained in prison many years past his due early release. [64] Partial List of Activists, Opposition Forces and MP-Elects Arrested and Sentenced in 2006 On 4 January 2006, Aung Kyaw Win, an NLD member from Woontwin Township, Mandalay Division in central Burma, was assaulted and detained by police when celebrating Independence Day. He was later released on bail. [65] On 14 January 2006, two Burmese students, Maung Maung Oo and Chit Thein Tun, members of the All Burma Students Democratic Front (ABSDF), were taken into custody from Moreh, Manipur in north-east India, by the military junta, for the bombing at Nanthphalon Market in Tamu on 8 January 2006, which had killed one person. Both had escaped from Burma in 1988 after the student uprisings. On 22 February 2006, the Minister for Information reported at a press conference that the men had confessed to their involvement. On 14 May 2006, it was reported by a representative from the India-based Burmese Solidarity Organisation (BSO), that the two men had been held incommunicado since their arrests in places unknown. They had been tortured and summarily convicted and sentenced to death without access to lawyers. The imposition of the death penalty was confirmed by AI on 18 May 2006. Chit Thein Tun’s wife, Ma Hnin Hnin, his four year old daughter Ei Po Po and and two others, Ko Po Zaw and his wife Ma Aye Myint Ma, were also arrested. The adults were sentenced to 5 years imprisonment for their involvement in assisting him. Ei Po Po has been kept with her grandmother in Yan Lem Phai Village, Sagaing Division, but is under virtual house arrest. [66] On 15 January 2006, Aye Thein, an NLD member and youth official from Thabeikkyin Township, Mandalay Division, was sentenced to five years imprisonment for human trafficking, contrary to Act-366, due to his eloping and marrying his girlfriend. His friends Tin Htoo, Maung Khaing, Zaw Lwin and Phoe Phyu were each sentenced to three years imprisonment for assisting him, under Act-114. On 26 January 2006, Mandalay NLD spokesperson Win Mya Mya reported that Aye Thein had been transferred to a police-controlled hard labour camp, but by mid-February 2006, his exact whereabouts remained unknown to his family, despite attempts by them to obtain such information from Mandalay prison authorities. [67] On 23 January 2006, Than Win and Pe Win (a.k.a. Puti), both NLD members, were arrested at Indaw Township, Sagaing Division in upper Burma, for allegedly opposing the military’s nationwide forced castor oil plantations. The SPDC has recently decided to force Burmese farmers throughout the country to grow caster oil in an effort to solve the country’s fuel shortage. Than Win is respected local political leader, and his arrest was seen by locals as a warning. A local NLD member reported that the court proceeding was held on the same day as the two men’s arrests, and family members had been threatened with charges to keep the entire process secret. [68]
In January 2006, two NLD members from Kachin State were also reportedly detained for speaking out against the junta’s castor oil project. [69] Also in January 2006, it was reported that former SPDC Foreign Minister Win Aung was arrested upon charges of corruption and bribery. [70] On 5 February 2006, Aung Cho Oo, 27 years, was arrested by the SPDC in respect of the May 2005 bombings in Rangoon. On 21 February 2006, SPDC Information Minister Brig. Kyaw San announced that Aung Cho Oo was a member of both the ABSDF and the Network for Democracy and Development (NDD) and that he had confessed to providing security information to Thein Win, an exiled labour rights activist, to carry the bombings out. Both organisations denied any involvement in the bombings and whilst Aung Cho Oo had previously been a member of NDD, he had never been a member of ABSDF. In August 2006, Naing Ko, of the Bangkok-based Federation of Trade Unions Burma (FTUB) reported that 15 people, including the parents, other family members and friends of Thein Win, had been arrested on charges of maintaining unlawful contacts with exiled organisations and tortured with the use of electric shocks. They included Chaw Su Hlaing, Thein Win’s pregnant sister. Chaw Su was released after hospital treatment, along with her father, one brother and three others but the other nine persons remained in Toungoo prison, Pegu Division. International labour rights groups have accused the junta of torturing Thein Win’s family and associates for the purpose of extracting confessions about his illegal activities, in his absence. [71] On 7 February 2006, Ko Ko Myint and Thein Zaw, two NLD members from Shwegu Township in Burma’s northern Kachin State, were each sentenced to seven years imprisonment by the local Township court for possession of opium. Local residents of Shwegu reported that both had been active in the NLD and deeply religious, such that it was believed that neither of them had used or trafficked in drugs. NLD spokesperson Nyan Win reported that prosecution witnesses had given evidence to this effect but the prosecution continued as “a deliberate act to punish the NLD members.” An appeal was lodged on 9 February 2006. [72] In the first week of March 2006, San Shwe Tun, NLD chairman and Aung Pan Tha, NLD organising committee member, both of Arakan State, Sittwe (Akyab) Township, were each sentenced to three years jail by a local court for trading in illegal foreign currencies under Act 24-1. Local residents reported that the charges were false; that the men had been approached by an unknown currency dealer but had refused to participate, and that no foreign currency had been located when police searched their houses. A family friend reported that the lawyers had advised that sentences of three to six months were usual for these types of offences. The maximum penalty had been imposed. Their appeals to both the District and State level courts were dismissed on 16 June 2006. [73] On 14 March 2006, Nay Zaw, 28 years old, the son of an NLD member in Kachin State, Mohnyin Township, was arrested by an anti-narcotics special police force. He was with 3 friends, and they were all stopped and searched for drugs. Although nothing was found, they were beaten and detained. Whilst still in detention, authorities reported that Nay Zaw was hospitalised for 23 days, but died on 2 May 2006. His mother Mi Mi Tun, requested a post mortem, which was refused. However, after she reported the matter to Northern Command Comm. Maj. Gen. Ohn Myint, she became the subject of severe police harassment, such that she fled to the Thai-Burmese border. [74] On 24 March 2006, Aung Thein (approx. 70 years old), chief auditor of the NLD, was arrested at his home in Rangoon Thaketa Township, by the SB. Family members were not advised of the reasons or to where he had been taken, and were concerned about his bad health. He had been temporarily suspended as a member of the NLD in 2005, but had continued to carry out his duties. [75] On 29 March 2006, seven students from Pegu College, Pegu were arrested for writing and distributing a poem called Daung Man (the might of the fighting peacock). A further person was arrested for printing the poem. Most of the students were released on 10 April 2006, but two students and the printer were detained at Pegu prison. On 25 May 2006, a textile printer was also detained, for printing a T-shirt with the image of a fist, which was found with one of the students. On 9 June 2006, the two students and the two printers were convicted under the Emergency Provisions Act-5J, the Printing Acts-17/1 & 2 and the Unlawful Association Act, and each sentenced to 19 years imprisonment, save for the poem printer, who was sentenced to 14 years imprisonment. The textile printer remained at Pegu Prison and the rest were taken to Insein Jail. The trial was held inside the prison. None had been legally represented, despite lawyers being engaged and attempting to make contact. Each accused was cross-examined by Pegu District assistant judge Tin Htut. Appeals were lodged, despite difficulties in obtaining the transcript and order for that purpose. On 4 August 2006, the divisional court at Pegu summarily rejected their appeals without argument and on 21 November 2006, the High Court in Rangoon dismissed appeals by both the students. The persons arrested and prosecuted were:
On 15 May 2006, four NLD members from Taungup Township, Arakan, were arrested and had their property confiscated. Local police, led by Sgt. Than Zin conducted the arrests. No reasons have been given, but it is believed that it was because of their membership of the NLD, given recent pressures exerted upon NLD members in the vicinity. The members arrested were:
On 9 June 2006, Win Naing, a member of the NLD from Baymet Ward, Yenanggyaung, Magwe Division in central Burma, was arrested by order of the local authority chairman, Aung Win. It is unclear why. He was reportedly arrested for being drunk and disorderly under Act-47 but there were also reports from local NLD organising committee members Than Aung and Tint Lwin that the chairman had not liked Win Naing and had been extorting money from him (along with other residents), which he had been unable to pay. [78] On 19 July 2006, three unnamed students from Monywa in the Sagaing Division, were arrested for saluting the statute of General Aung San on the 59th anniversary of the Martyrs’ day, local residents reported. They were arrested and interrogated but released the next day. [79] Also on 19 June 2006, lone protester Tun Tun was arrested for shouting pro-Aung San Suu Kyi messages in front of Rangoon City Hall to commemorate her 61st birthday. He had been demanding a transition to democracy and the release of Daw Aung San Suu Kyi. He was bundled into the town hall by authorities but was released 2 days later. He reported that he had not been mistreated, and was released on condition that he sign an agreement confessing to staging a solo protest but agreeing not to do so in the future. Tun Tun is a school teacher. He had previously served 4 years imprisonment as a political prisoner in 1994. [80] On 7 July 2006, Tun Tun was again arrested, this time for meditating and praying for the release of political prisoners at Shwedagon Pagoda loudly, whilst sitting on a piece of cardboard scribbled with political and religious writings. He was kept at a mental asylum and released a month later, on 9 August 2006. He believed he had been arrested so that he was not at large during the 18th anniversary of the pro-democracy uprising. [81] On 31 July 2006, Nyein Maung, organising committee member and treasurer of Mandalay Division, Madaya Township NLD, was arrested and sentenced to one year’s imprisonment, according to NLD MP-elect for Madaya Township, Than Lwin. He had been charged with causing a civil servant undue distress under Act-198, by having an argument with the husband of a judge whilst in her chambers. He was told by the authorities that if he quit the NLD, the charge would be dropped. [82] On 7 August 2006, 13 students were reportedly arrested for laying a wreath and saluting those who gave up their lives in the struggle for democracy, at a site where students had been gunned down on 8.8.88, in front of No. 3, State High School, in Pegu. An eyewitness reported seeing them arrested and taken away by security agents, although this report was denied by the local police station and the school. [83] On 13 August 2006, 11 members of the NLD youth wing and members of HIV/AIDS support group Friends with a Red Ribbon were arrested in Rangoon for not informing local authorities of an overnight stay at Maggin Buddhist monastery, in Rangoon’s Thinganggyun Township, where a memorial service for HIV/AIDS victims was planned. One of those arrested was suffering from AIDS and the majority of arrests were of either NLD members or 88 Generation Students. The event was designed to make those suffering from the disease feel supported, and to raise donations to pay for medical treatment. The event was organised by the patients themselves, who sent a letter of explanation to local SPDC authorities and met with Lt-Col Maung Maung Shein, chairman of the Rangoon’s Eastern District Peace and Development Council, to give notice of their intentions. They received little in return for their efforts to go through official channels, however. The association of elder monks threatened to disrobe any member of the monastery involved in the proposed ceremony, while Maung Maung Shein threatened to close down the Tha Zin Clinic-established by a Dutch-based NGO that supported those patients planning to attend the event. The robe-offering ceremony was to begin at 8 am and the arrests were made of some of the leading organisers at about 1.30 am, in a raid at the monastery. All 11 were released about 36 hours later, when the police station where they were held was swamped by supporters. The event had been cancelled. Upon release from police custody, they were taken to the Thinganggyun Township authority office, where they were pressured to sign incriminating pledges, but refused. One of those detained, Than Naing, advised that the authorities were mostly motivated to seek to undermine NLD attempts at assisting HIV/AIDS patients. Local authorities had organised a parallel merit-making ceremony, sponsored by the junta and the Union Solidarity and Development Association (USDA). The monastery was threatened to only receive donations from the council, and not the student’s/NLD organisations. Those arrested were:
On 15 August 2006, Myint Tun, Rangoon Shwepyithar Township NLD member, was detained upon charges of doing a reckless act causing someone’s death, under Criminal Act-337, 304a, NLD lawyer Myint Taung advised. The person had apparently died from electrocution near an electric post where Myint Tun sourced electricity for his home. The NLD believes the charges were brought to attempt to hurt Myint Tun and his family. Legal action was brought seeking to join the owner of the wire (not Myint Tun) as a defendant, but on 22 December 2006, that was rejected, Myint Taung said. He has been held in custody pending trial. [85] On 22 September 2006, Hla Shwe and Yeh Myint, both NLD members at Nattalin, Pegu Division in lower central Burma, were arrested over the stabbing of the former local authority chairman. A local resident reported that the former chairman Yeh Win Tun, had often blamed Yeh Myint with crimes committed in the local area and it is believed that these arrests were politically motivated. The stabbing had occurred on 30 August. Yeh Myint’s wife had been arrested in lieu of him on that day, with Hla Shwe’s wife being arrested on 10 September, before their husbands were arrested on 22 September 2006. [86]
On 7 November 2006, 14 pro-democracy activists, including members of the NLD, were detained briefly at Shwedagon Pagoda, reported one of the detainees, Naw Ohn Hla. They were taken into the trustee’s office and warned that they could not gather in groups of more than 5 people to pray at the Pagoda. They were released in the evening. The group had been making weekly visits since July 2004 to pray for the welfare of Aung San Suu Kyi. [104] On 10 December 2006, three democracy activists, including U Myint Aye, were arrested at around 9am, approximately an hour before a scheduled ceremony marking International Human Rights Day at Bogalay, Irrawaddy Division. They were released at around 1pm. The arrests meant the cancellation of the planned meeting, said May Ky, a spokesperson for the 88 Generation Students Group. [105] 3.3 Arbitrary or Politically-Motivated Arrests of Ethnic Minorities Most of Burma’s ethnic minority regions remained heavily militarised throughout 2006, namely Arakan State, Chin State, Karen State, eastern Pegu Division, Karenni State, Mon State and Shan State, despite the existence of ceasefire agreements in most of these areas. The Karen National Union (KNU) and the Shan State Army (SSA) are perhaps the most formidable of the remaining armed ethnic minority resistance groups, and 2006 saw continual SPDC military offensives mounted in Nyaunglebin, Toungoo and Papun Districts where the KNU maintained a presence. [106] In Papun District, the Karen Human Rights Group (KHRG) asserted that:
Areas of Mon and Shan State have seen similar patterns regarding the detention of civilians in relation to the continued presence of insurgents within the region. However, in those areas where ethnic groups have entered into ceasefires with the SPDC, and where the military enjoys near unchallenged rule over the populace, such as Thaton District, the arbitrary arrest and detention of local villagers continued to be reported in high numbers. As stated by Pinheiro in February 2006:
Arrest and detention of civilians in these areas was often ostensibly carried out under suspicion of assisting resistance efforts. However, whilst those for which there was a genuine suspicion of having links to insurgent groups were shown no mercy, numerous other detainees were simply forced to carry out labour duties for the SPDC (such as working on the construction of their camps or portering military equipment). [109] Others were released upon payment of an exorbitant fee (see, for example, incidents under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities, Arakan State dated 8 February 2006; 22 February 2006; 17 August 2006; 8 December 2006; Karen State dated 28 April 2006; Mon State dated 1 February 2006; 4 December 2006; Shan State dated early 2006; 8 July 2006 (2); 9 July 2006; and 17 July 2006). In areas where the SPDC asserts control over the local ethnic population, villagers are subject to arrest or even arbitrary execution if they are seen outside their village boundaries without the necessary documentation which they are forced to purchase from the SPDC. Village heads are particularly vulnerable to arrest and arbitrary detention; often summoned to the local army camp and blamed for the actions of their fellow villagers, failure to report local insurgents in the area or simply as a means to demand labour, money and goods from the village. Family members are also subject to arrest in lieu of the accused, with women, left in villages after their men have fled, often accused of being married to an insurgent. The Rohingya, denied citizenship since 1982, and hugely discriminated against at a state and societal level, are particularly targeted and vulnerable to the system of threats, extortion and abuses at the hands of the SPDC which relies on the threat of arrest to continually suppress and exploit this minority ethnic group found mostly in the Townships of northern Arakan. They are generally prohibited from travel under threat of imprisonment, [110] and must obtain the permission of the authorities to marry. As the fees garnered from authorities in order to grant permission are often unaffordable and the processing of applications is often delayed, [111] they are often forced to travel or marry covertly under the threat of arrest for them and their family. SPDC authorities have sought to justify marriage requirements by claiming that the high population growth in the Rohingya community must be checked. [112] Arrest for the purposes of extortion relies upon the threat and practice of torture which was said to be an almost inevitable result of detention at the hands of the tatmadaw (See for example, incidents under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities, Arakan State dated 8 February 2006; 18 May 2006; first week of August 2006; 4 October 2006; 9 October 2006; Karen State dated late April 2006; 28 April 2006; Karenni State dated 5 June 2006; Mon State dated 9 November 2006; 15 November 2006; 4 December 2006; Shan State dated 3 May 2006; 8 July 2006; and 9 July 2006 (2).). Incommunicado detention and disappearances also occurred frequently in 2006. (See for example, incidents under Section 3.3: Arbitrary or Politicaly-Motivated Arrests of Ethnic Minorities Chin State dated 17 January 2006; Karen State dated 6 February 2006; Shan Stated dated 9 June 2006; 28 June 2006 and 9 July 2006). Partial List of Arrests and Detention of persons in Ethnic Minority Areas in 2006 Arakan State In January 2006, numerous Rohingya civilians in Sittwe, particularly from Kyauktaw, Pauktaw, Mrauk Oo, Minbya, Mraybon, Kyakpru and other towns, were arrested for travelling without a “Form 4” permission to travel. [113] On 8 February 2006, Mohammed Ibrahim and Noor Boshor, two villagers who were forced by the junta troops to perform overnight sentry duty in northern Arakan, were detained overnight, beaten and released the next day with a fine of 6,000 kyat, on allegations of falling asleep on duty. [114] On 22 February 2006, Mohammed Jobair, 24 years old, was arrested by SPDC troops at Let Wat Dad Pazzun Chaung village-tract of Buthidaung Township on charges that he had gone to work in Bangladesh secretly. 50,000 kyat was extorted from his father for his release, which his father gathered over the next two days. He was then released. [115] On 5 May 2006, 15 men from Sadamaw village, outside of Sittwe, were arrested when they went to Sittwe to sell goods at the market, for not having village out-passes. They were sentenced to 6 months imprisonment, and released on 5 September 2006, a local elder reported. [116] On 11 May 2006, Fawri Islam, 25 years, from Kyar Gaung Toung Village, Nga Khura, Maungdaw Township (NaSaKa area #5) was arrested and detained at NaSaKa outpost #12 for possessing a mobile phone from Bangladesh. He escaped from custody on 17 May 2006. [117] On 18 May 2006, a teacher, Mohamed Khalek, 35 years old, was arrested by the junta on charges of smuggling rice to Bangladesh. He was severely tortured in front of his family members, so as to extort money from them. They paid 150,000 kyat in order for the torture to stop. He was then taken to the NaSaKa camp at Aley Than Kyaw, Maungdaw Township for questioning and underwent medical treatment. He had been distributing rice with the UNHCR and it is thought that the Bangladesh charge is false. [118] On 30 June 2006, Nami Ullah, 25 years old, and Hasina Begum, 20, from Kon Tan village-tract, Rathedaung Township, were arrested by NaSaKa when preparing to cross to Bangladesh to get married, as they had not been able to obtain permission from the authorities in Burma. They were each sentenced to 3 years jail on 6 July 2006 and are held at Maungdaw jail. [119] On 2 July 2006, 2 monks, Wila Tha, and Than Keisa, were arrested in U Shwe Maw Village, Thadwe. [120] On 13 to 15 July 2006, at least two teachers and four youths were arrested in Kyaukpru and Rambree Towns, on Rambree Island on the Arakan Coast, a day after a clash occurred between police and youths in Kyaukpru, resulting in injuries to Sgt. Aung Kyaw. Those arrested were:
Two other youths involved in the incident, Than Myint and Htay Win, were not arrested, and it is not clear whether the arrests on 15 July were in fact connected with the incident. [121] On 19 July 2006, junta troops, NaSaKa troops and police forces raided the homes of every house in the Shwezar quarter of Maundaw Town (consisting of 5 smaller villages, Shwezar Mrauk, Shwezar Guna, Dayla Wra, Kanyin Chaung, and Aung Bala), blocking the roads and moving from house to house throughout the night. At least 70 people, mostly Muslim, were arrested, either on suspicion or for not having proper permission from their village councils to be staying in a different household or town. The reasons for the raid are unclear, but some townspeople believe it was connected to searching for insurgents rumoured to be entering Arakan from Bangladesh or India in order to detonate explosives. [122] In the first week of August 2006, 22 Rohingyas from Lake Ya Village-tract (Kumir Khali) of Maungdaw Township were reportedly detained by NaSaKa for repairing and rebuilding the Kumir Khali mosque roof in June 2006. NaSaKa requires that permission be obtained for repairs to be undertaken but rarely provides that permission. The men were arrested, tortured and detained in Maungdaw jail. Those detained included:
On 17 August 2006, 15 Rohingyas in Myoma Kanyin Tan (Siddar Para), Maungdaw Township, were arrested and interrogated by police on charges of stealing electric wires. After a week of interrogation, all were freed without charge on payment of 120,000 kyat each, a relative reported. Those arrested included:
On 4 September 2006, Mohamed Hussain, 37 years, from Pauktaw Township, was arrested for staying temporarily in Bogar Dill village, Sittwe without an ‘out pass’ from Pauktaw. He was detained by immigration officers at Sittwe, Myuma Police camp #1. On 8 September 2006, he was sentenced by Sittwe Court to two and a half years imprisonment with hard labour under Acts-2081/06, 188. According to villagers in Sittwe, out passes cost between 1,000 and 1,500 kyat. [126] Around 15 September 2006, Ko Maung Shwe, arrested for theft, died at the police station at Sittwe after a police interrogation. He was from Renar Byin Block under Wra Gri Mrauk Tract in Sittwe. Police officials found his body in the custody room on 18 September and announced he had hung himself. The Arakan State High Court ordered a report by the 2nd in charge at the station, Aung Kyaw Oo, into the cause of death. [127] On 4 October 2006, 14 villagers from Ponna Kyunt Township, were arrested by the junta after they assaulted a soldier who was caught stealing a cow. Other villagers reported that those charged had been tortured whilst detained at military headquarters. [128] On 9 October 2006, Maulana Mohammed Shafique, 27 years old, principal of a Madrasah (religious school) and a religious leader, from the KhanYaung Chaung (Khayoung Khali) village of Maungdaw Township, was arrested by NaSaKa, on the allegation that he had been communicating with villagers working in foreign countries and receiving financial support from them for the school. He was detained at NaSaKa camp #6 for three days, and suffered mental and physical torture before being sent to the Maungdaw police station on 12 October 2006. He was later sentenced to two years imprisonment by the Maungdaw Court, a relative reported. [129] On 4 November 2006, it was reported that Morium Khatoon, 35 years old, from Tan May Village, Buthidaung Township, was arrested in lieu of her daughter, who had escaped to Bangladesh with her husband, after being married without the permission of NaSaKa. A relative reported that Morium Khatoon was sentenced to two years imprisonment by the court in Buthidaung on 1 October 2006. [130] On 8 December 2006, Mohamed Hussain, 25 years old, and his wife, both of Dunsay village, Rathedaung Township, were arrested by NaSaKa because they married without permission. They had been married 12 months previously, secretly, because permission had not been granted. They had a 1 month old baby. Their families attempted to seek their release, but were told the money they had gathered, 40,000 kyat, was not sufficient. [131] On 22 December 2006, U Yaung Chay U Aung, from Pyilong Gri Village in Mrauk U Township were arrested by the SPDC army, due to allegations of their links to Chin rebels. A family member, who reported the incident, denied that the two men were involved in any anti-government activities, past or present. [132] Chin State Also on 17 January 2006, two high school students, Pa Pa Tha (9th grade) and Maung Shwe (10th grade), from Auk Pin Ti Village of Paletwa Township, southern Chin State, were arrested by SPDC troops on suspicion of being sympathetic to Chin rebels. [133] On 14 June 2006, Sun Par, the wife of the village headman of La Lui village, Matupi Township, and her infant son, were arrested by the Matupi TPDC and Capt. Aung Kyaw of LIB #140. Her husband had fled, amidst allegations he had failed to report the presence of an armed group in the area to the SPDC. [134] Also on 14 June 2006, Aye Thein was arrested in Paletwa by SPDC soldiers from LIB #289, and interrogated, reportedly on suspicion of working for a rebel group. [135] In the second week of August 2006, three Naga women, Phaitei, Mayraitei and Zin Hnintei, were arrested and their cattle seized by the junta in Swanmayar, on the Indo-Burmese border. The reasons for their arrests are unclear, but villagers report that military troops often come to the village to extort crops, food and cattle. [136] Karen State Dooplaya District On 28 December 2006, troops from SPDC LIB #36, Column 1, led by Comm. Min Tun Aung under TOC #2, arrested Tee-to-kaw villager Naing Taw Kaw (43), Mae- ka-wa villager Saw Pa Pee (39) and looted 1,500,000 kyat from them. After looting, the troops put military uniforms on the two villagers and shot them dead. [137] Mergui-Tavoy District On 8 August 2006, troops from SPDC LIB #561, led by Sgt. Tin Htun, seized and questioned Ta-kweh-sweh-plaw village head U Bi Bay, near Tone-ma-kha village. He was beaten severely, because he had approx. 100,000 Thai bahton him. [138] Nyaunglebin District On 15 February 2006, Comm. Chit Than Oo and troops from SPDC LIB #351 arrested Saw Ka Wah Htoo (42), Saw Lar Mu (25) and Saw Nyein Heh (40) from Ho-pu village. Saw Ka Wah Htoo was shot. It is unknown why they were arrested. [139] In late April 2006, according to a report by KHRG, SPDC troops were regularly arresting and detaining villagers in western Nyaunglebin District, ostensibly upon suspicion of links with the KNU, but seemingly to extort funds. Saw Baw Htoo of Way Sweh village was arrested at Mwey Kwin ferry terminal in the plains of western Mone Township by Sgt. Htun Myint of LIB #599. SPDC troops took him to their camp at Myaung Oo where Capt. Khing Maung Myint demanded 500,000 kyat for his release. [140] On 27 April 2006, in Mone Township, SPDC troops from LIB #599 led by battalion second in command, Yan Naing, arrested a number of villagers. It is unknown why. Those persons arrested were:
On 28 April 2006, Warrant Officer Than Htay and Sgt. Yeh Min went to arrest villagers from Way Sweh, Gko Nee and Noh Nya Lah Villages in Mone Township pursuant to orders issued by LIB #599 Battalion Comm. Yan Naing to all Kyun Bin Seik camp officers. A number of villagers were arrested, detained and then severely tortured. On 30 April 2006, the soldiers demanded a 2,500,000 kyat ransom for the villagers and released them upon payment. However one villager, Maung Htay, was not released but sent instead to Kyaw Pya army camp. Those villagers arrested were:
Naw Gay Paw, of Kyauk Kyi Township, was also arrested, by SPDC LIB #60 Battalion Comm. Maung Thein Soe, upon allegations of having KNU connections. She was incarcerated in Kyauk Kyi jail for two months, before being transferred to Toungoo prison, where she was forced to pay 500 kyat to use the toilet, 200 Kyat to take a bath and 500 Kyat to get her meals. She was reported to have been frequently tortured. Furthermore, when she became sick she was not permitted to transfer to the hospital. When she was finally allowed to move to the hospital after becoming severely ill, her legs were kept in shackles. [143] On 1 May 2006, SPDC troops arrested Myo Chit and Kyaw Htoo of Plah-Khee-law village and took them to Tha-htay-gon army camp. The reasons are unknown. [144] On 24 June 2006, troops from SPDC LIB #522 arrested Naw Kwee Kwe (30), and Saw Bi Aw (38) from Kyauk-pya village. Saw Bi Aw was killed and Naw Kwee Kwe is missing. Troops then looted money from the villagers, totalling 2,925,900 kyat. [145] On 30 June 2006, troops from SPDC LIB #522 arrested and seized two villagers from the Ka-Bah-Hta village in Kyauk-Pya village tract, Mone Township. One of them, Saw Bi Aw (38) was found dead on 6 July 2006. The troops burned 381 baskets of paddy, and 28 baskets of rice, and looted cash, gold, tools, water proof sheets and flash lights. Villagers fled their village. [146] On 3 August 2006, LIB #351 Battalion Commander Than Tate arrested Saw P--- in the Hteh Htoorelocation site. He was tied up and accused of having contact with the KNU. SPDC soldiers not only beat him up but they kept him in water overnight, where he was bitten by leeches. He was then placed in a cell for a month, before the SPDC demanded 300,000 kyat for his release, which was collected by the village head. [147] On 28 August 2006, Cap. Kyaw Min Naing and Bo Kyaw Sein Min, with troops from SPDC LIB #351 arrested Pay-tu villagers Saw Kyaw Htoo (40) and Saw Ba Nge and sent them to the No. 2 MOC office in Kyak-kyi Town. They were interrogated and beaten, accused of having a firearm and radio set. Their houses were later looted. [148] On 3 September 2006, LIB #351 Battalion Commander Than Tate arrested villager M--- from the Hteh Htoo relocation site along with three of his friends when they were seen outside relocation site in their boat. They were locked in leg stocks for one week and fined 5,000 kyat each. [149]
On 10 September 2006, LIB #351 Battalion Commander Than Tate arrested Maung Min Oo from Hteh Htoo relocation site, reportedly telling him “I am arresting you because you came back late and the time is over according to a specific time I set up.” He had failed to return to the village when the time stipulated on his recommendation letter had expired. He locked him in the stocks (mediaeval-style leg stocks) for a week and fined him 10,000 kyat before releasing him. [151] Papun District On 26 February 2006, in reprisal to a KNU attack upon the Democratic Karen Buddhist Army (DKBA) camp based in Meh Mweh Hta, SPDC soldiers threatened villagers from Wah Klu Ko and arrested two people, a girl of 17 years and the village head. The SPDC soldiers covered the two villagers’ faces with a plastic sheet and tied their hands behind their backs. They were detained incommunicado for three hours. [152] On 6 February 2006, Dta Khaw Hta village head Saw Mer Ler was arrested by SPDC soldiers from LIB #60, accused of writing a travel pass for a man believed to have exploded a bomb at Toungoo on 4 February 2006. Dta Khaw Hta villager Saw Ghay Ler Htoo was also arrested, as he was accused of allowing the same man to sleep at his house en route to Toungoo. But at the same time, SPDC spokespersons were attributing the bomb blast to several opposition groups, without any announcement who the ‘man’ referred to was. Also, any travel pass issued at Dta Khaw Hta would not be valid for the entire journey to Toungoo. It was thought that these arrests were an attempt to make allegations against the KNU, claiming that the attacker had crossed the Salween from Thailand. Saw Mer Ler and Saw Ghay Ler Htoo were sent to army camps at Saw Hta and then Maw Pu and were held incommunicado. On 10 March 2006, Saw Ghay Ler Htoo escaped. His wife Naw Lah Hser Paw and her infant child were then arrested, but later released. Saw Mer Ler’s fate is unknown. [153] On 18 December 2006, in the Kaw-poke area, one bulldozer and one petrol tanker belonging to the SPDC were destroyed by KNLA troops. However, the SPDC troops arrested the Kaw-poke village head and ordered him to pay for the costs of the vehicles destroyed. [154] Thaton District On 24 June 2006, Tin Win of the DKBA arrested and beat up Maung Shwee, Kyaw Win and Thin Nyut of Ler-klaw village, Bi-lin Township. The reasons are unknown. [155] On 11 July 2006, DKBA troops led by Than Htun arrested and tied up Ta-eu-ni villager, Saw Mya Oo, in his paddy field hut. He was interrogated and beaten until his skull was fractured. [156] On 28 July 2006, Mae-theh villager, Pa Ta Ba, who had been seized by DKBA troops for use as a porter, stepped on a landmine, in Ta-baw-mu area. [157] On 6 August 2006, Commander Tin Win of DKBA Brigade #333, based in Thaton Township, arrested villager Saw Pa Taw Tee (45), of Noh-ka-day village and Saw Wah Kyo (35), of Mi-gyaung-aing village. Both were accused of working with the resistance, and were detained indefinitely. They were still detained as at February 2007. [158] On 13 August 2006, Kyaw Min of DKBA accused Lay-po-hta villager U Myat Tha Dun of connections with the KNU. He was beaten and 5 viss of pork was then demanded of him. [159] Toungoo District On 6 February 2006, troops from SPDC LIB #66, arrested Paw-per (Bin-ba), Saw Tha Klow, Ya lo (Myauk chaung), Saw Maw Heh Bweh and Saw Kwar Tay, in the Play-hsa day auk paing Htee plar day areas, Tantabin Township. The reasons are unknown. [160] Between 8 and 14 February 2 |
