Min Ko Naing Released from Prison

Min Ko Naing, a Burmese prisoner of conscience was finally freed by the Myanmar government on Friday after spending 16 years in jail. Naing founded the All Burma Federation of Students Union (ABFSU) in 1988, and called for students to engage in peaceful protests against the Burmese military government, and in favour of democracy. Naing was arrested on March 23, 1989 and has been jailed ever since, under Section 5(j) of the 1950 Emergency Provisions Act, which the government uses to “justify” detaining political prisoners.

Naing is probably the second-most famous political prisoner in Myanmar, behind Aung San Suu Kyi, who was elected prime minister in 1990. When General Ne Win stepped down as ruler of Burma in 1988, a military junta lead by Than Shwe took power. Pro-democracy movements began to form in Burma, from the ABFSU to Kyi’s National League for Democracy (NLD). Kyi was placed under house arrest in 1989. General elections were held in 1990, and the NLD won 80% of the votes. Shwe refused to let them form the government though, and the election results were nullified. Kyi won the Nobel Peace Prize the following year, and remained under house arrest until 1995. She was then freed, but was told that if she left to visit her husband and children in the United Kingdom she would barred from returning to Burma. As such, she never left and has been under house arrest for the majority of time since 2000, where she currently remains.

On October 19. 2004 Lt. Gen Soe Win took over from Khin Nyunt as Shwe’s appointed prime minister. Although Nyunt and Shwe had been clashing, and this seemed to be a power-solidifying move, the last month has shown a marked willingness to engage in some reforms. About 4,000 political prisoners have been freed in the last month, predominately members of pro-democracy movements who have spent years in jail. Naing is the most famous of thousands of individuals willing to sit in jail because they opposed the military regime. It’s a positive step that so many have been freed, although I question whether the government will allow them to continue their fight against tyranny. The fact Kyi still is under house arrest and the unwillingness of Shwe to make any substantive democratic reforms still means Myanmar has a long way to move towards becoming a functioning democracy. Naing would be a great candidate to lead the fight with Kyi still in jail, but I wonder if he has any fight left in him after 16 years in solitary confinement.

Naing was the co-recipient of the 1999 John Humphrey Award, given to honour a non-governmental organization or individual for exceptional achievement in the defence or promotion of human rights and democratic development.

A more detailed biography of Min Ko Naing, from Amnesty International, is available here.

In September 1988 after violently suppressing demonstrations and killing hundreds of people, the military reasserted power and formed a new government, called the State Law and Order Restoration Council (SLORC). Martial law decrees were issued, including a ban on any criticism of the military and of any public gathering of more than five people. At the same time the SLORC announced that political parties could be formed and that elections would take place in May 1990. Dozens of political parties were founded, including the National League for Democracy (NLD, led by Nobel Peace Prize laureate Daw Aung San Suu Kyi).

In March 1989, the Myanmar Government began to issue warnings against possible memorial gatherings by students and others to mark the first anniversaries of the deaths of student demonstrators during the initial waves of civil unrest in March 1988. At a 24 March 1989 press conference a SLORC spokesperson said that the ABFSU and two other student union organizations were ''illegal organizations'' because they had refused to register with the authorities. The spokesperson went on to say:

''Min Ko Naing, alias Paw U Tun, chairman of the illegal ABFSU, has been arrested...because he and his associates instigated disturbances to the detriment of law and order, peace and tranquillity. At the same time, it had been ascertained that they have been carrying out organizational work and giving speeches...Furthermore, Min Ko Naing has been found to have repeatedly violated Order No 2/88 [forbidding gatherings of more than five people]...Action will be taken against him according to the law.''

It includes a report of the conditions Naing faced in jail:

Min Ko Naing was severely tortured and ill-treated during the early stages of his detention and his health suffered as a consequence. During his interrogation he was reportedly forced to stand in water for two weeks until he collapsed, and as a result, his left foot became totally numb. Such treatment is not uncommon. Political prisoners in Myanmar routinely face torture during the initial phases of detention when they are often interrogated for hours or even days at a time by rotating teams of Military Intelligence (MI) personnel. They are also vulnerable to torture and ill-treatment after sentencing, when they can be punished for breaking arbitrary prison rules such as possessing writing paper. In addition conditions in most prisons are harsh, due to lack of adequate food, water, sanitation, and medical care.

Torture and ill-treatment have become institutionalized in Myanmar. Patterns of torture have remained the same, although the time and place vary. Torture occurs throughout the country and has been reported for over four decades. Members of the security forces continue to use torture as a means of extracting information; to punish political prisoners and members of ethnic minorities; and as a means of instilling fear in anyone critical of the military government.

For most of his imprisonment Min Ko Naing has been held in complete solitary confinement. In 1993 he was visited in Insein Prison, Myanmar's main detention facility, by a United States Congressman. He was said to be in poor health and appeared disoriented. In November 1994 the United Nations Special Rapporteur on Myanmar was also allowed to visit him briefly in prison, and described him as being nervous and thin. Subsequent reports on his health stated that, although it improved, he suffers from a nervous tremor and may have suffered emotionally as a result of his ill-treatment and prolonged solitary confinement. He is believed to suffer from a gastric ulcer.