Political Prisoner Profile

AAPP CASE NO.: 0109

NAME OF POLITICAL
PRISONER: Aung Naing (aka) Myo Aung Naing
GENDER: Male Ethnicity: Burmese
DATE OF BIRTH: Age:
RELIGION: Buddhist
PARENTS NAME: U Tin Maung and Daw Kyi Lay
EDUCATION: Grade 11
ORGANIZATION: 88 Generation Students
LAST ADDRESS: Thingangyun Township, Rangoon
ARREST DATE: 23 October 2007 PHOTO DATE:
SECTION OF LAW: Section 505 (b) , 130 (b), 17/20, 33 (a), 17/1, 24/1, 32 (b)/36, 6, 5/96 (Section 4), 228
Sentenced to six months in prison for contempt of court on 29 October 2008
SENTENCING HISTORY:
Sentenced to 65 years in prison on 11 November 2008
COURT HEARING: Insein Prison Special Court & Ma-ubin prison
NAME OF PRISON: Insein, Ma-ubin, Kale
RELEASE DATE:
IMMEDIATE HEALTH CONCERNS:
He suffers from Protuberance on tongue.

CURRENT STATUS SUMMARY:

On 11 December 2008, Aung Naing aka Myo Aung Naing was visited by his wife, Nay Chi in Kale
prison in Sagaing division. She reported to the media about the hardships she encountered on the way to
the remote prison. She also mentioned that since her photocopying business was shut down by the
authorities she struggles to feed the family and make ends meet. (RFA,1312008)

On 11 November 2008, Aung Naing aka Myo Aung Naing, along with eight other prisoners held at Ma-
ubin, was sentenced to 65 years in prison after being convicted of charges related to participation in
demonstrations during August 2007. On 15 November, the group of nine was transferred back from Ma-
ubin to Insein prison. Myo Aung Naing was transferred to Kale prison in Sagaing division the following
day.

On 31 October 2008, then group of nine had been transferred from Insein prison to Ma-ubin prison in
Irrawaddy Division.

On 29 October 2008, Myo Aung Naing and eight other leading members of the 88 Generation Students
group were sentenced by the Northern District Court inside Insein prison to 6 months imprisonment
under section 228 of the Penal Code for contempt of court, after they demanded that their families be
allowed to attend their court hearing and refused to answer the judge’s request for a plea of guilty or not
guilty.

CAREER BACKGROUND:
Aung Naing aka Myo Aung Naing comes from a family heavily involved in politics. He is a first cousin
of one of the most prominent opposition activists Min Ko Naing. He was involved in the 1988 pro-
democracy movement as a member of Rangoon District Students Union when he was still a high school
student. Although he was involved in the pro-democracy movement, he escaped the regime. He then
went to Singapore and continued to support the activists and political prisoners while in exile. He is
married to Nay Chi, whose family is also very politically active. They have children and own a
photocopying shop.

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Following an overnight fuel price hike on 15 August 2007, on 19 August 2007 the 88 Generation
Students 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 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. Myo Aung Naing
participated in the protests and went into hiding after the demonstrations.

On 21 August 2007, a group of 13 prominent leaders of the 88 Generation Students group including
prominent student leader Min Ko Naing as well as Ko Ko Gyi, Min Zeya, and Mya Aye. Myo Aung
Naing managed to avoid arrest at that time.

The day after the arrests there were more demonstrations. Almost 500 people marched 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. It is not known if Myo Aung Naing was involved in
those protests.

On 12 October 2007, Myo Aung Naing and other 88 Generation Students called for unconditional
dialogue between the Burmese military regime and opposition leaders. In order to enable an open
dialogue, the statement urged the Burmese government to release detained National League for
Democracy leader Daw Aung San Suu Kyi, stop their harassment of students and monks, and create a
constructive environment for dialogue without preconditions.

Junta leader senior general Than Shwe said that he would meet personally with Daw Aung San Suu Kyi
if certain conditions were met, including the cessation of demands for sanctions. An NLD statement
released on 9 October 2007 welcomed the possibility of talks, but also said that they would not accept
any preconditions. Myo Aung Naing hoped that the opportunity would bring about a genuine exchange.

"We have paid for this opportunity with the blood and sweat of so many of our people, monks and
students. We need truthful dialogue without the tricks being played to fool the people of Burma and the
world," he said. (DVB,12102007)

ARREST DETAILS:
Myo Aung Naing was arrested at the 50th Street bus stop in Pazundaung Township on 23 October 2007
with one of his colleagues Tun Tun Naing, who is a former political prisoner. His mobile phone was
confiscated after he was arrested.

DETAILS OF IMPRISONMENT:
After their arrests, most of the 88 Generation Students group members were detained in prison without
trial for more than a year, since 21 August 2007 or in Myo Aung Naing’s case – from 23 October 2007.

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

The accused included: Min Ko Naing, Ko Ko Gyi, Pyone Cho, Min Zeya, Mya Aye, Jimmy, Zay Ya,
Kyaw Kyaw Htwe, Arnt Bwe Kyaw, Pannate Tun, Zaw Zaw Min, Thet Zaw, Nyan 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 August 7, Mar Mar
Oo (F) was arrested and on September 10, Nilar Thein (F), was arrested. On October 13 2008, they
were added to this group.

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

They were charged with 21 counts under the following laws:

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

At the 27 August 2008 trial, Myo Aung Naing and eight other student leaders: Min Ko Naing, Ko Ko
Gyi, Pyone Cho aka Htay Win Aung, Mya Aye, Hla Myo Naung, Nyan Lin, Aung Thu, 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.

During the 10 September 2008 hearing, the group was still handcuffed, but family members were
allowed to attend. The judge heard from the prosecutor who made his cases based on documents
obtained from Internet.

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

On 24 October 2008, members of the 88 Generation Student group renewed their call for the right of
their families to attend court hearings to be respected. 88 Generation families were not allowed to attend
court while their loved ones are in court-hearings. Myo Aung Naing together with Min Ko Naing, Ko
Ko Kyi, Hla Myo Naung, Pyone Cho, Jimmy, Htay Kywe, and Mie Mie demanded that an earlier court
ruling by a judge in Rangoon Northern District Court that family members should be allowed to attend
court hearings should not be overruled by Insein Special Prison Court. In response the activists were
reportedly accused of being in contempt of court and charged under statue 228. (RFA, 241008)

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On 27 October 2008, any defendants withdrew their attorney power from their lawyers, as they believed
the trial was not fair. Some refused to answer the questions of the prosecutors. Security was still tight
and the defendants were concerned for their safety.

On 29 October 2008, the nine student leaders (Min Ko Naing, Ko Ko Gyi, Pyone Cho aka Htay Win
Aung, Mya Aye, Hla Myo Naung, Nyan Lin, Aung Thu, Myo Aung Naing and Ko Htay Kywe) were
sentenced by the Northern District Court inside Insein prison to 6 months imprisonment under section
228 of the Penal Code for contempt of court after refusing to respond when asked by the judge them
three times whether they were guilty of not. The presiding judge at the trial ruled that the activists had
"interrupted a public servant at a judicial proceeding" by repeatedly asking for an open trial that
relatives could attend, said attorney Aung Thein, one of three lawyers for the activists. Some other
defendants then stood up and demanded the judge to sentence them too. Security forces surrounded the
court and the judge ordered them to remove all the defendants from the court and adjourned the trial.

On October 31, the nine who were convicted were transferred to Ma-ubin prison in the Irrawaddy
Division. Their trial continued in Ma-ubin District Court, which will be held inside the Ma-ubin prison
Compound.

On 1 November 2008, their families were allowed to visit them in Ma-ubin prison.

In addition to being convicted of contempt of court under Section 288 of the Penal Code on 29 October
2008, on 11 November 2008, Myo Aung Naing was sentenced, along with the eight other activists held
at Ma-ubin, to 65 years in prison.
He was convicted of 5 counts of the indictment:
1) One charge under Section 6 of the Organization of Association Law for forming an organization
without permission; for this charge he was sentenced to 5 years.
2) Four charges under Section 33(a) of the Electronic Transactions Law; for each of these he was
sentenced to 15 years.

On the same day, fourteen of the original group of 35 held in Insein prison were also sentenced to 65
years on these same charges.

On 15 November 2008, Myo Aung Naing and the other eight activists held at Ma-ubin were transferred
back to Insein prison. The following day he was transferred to Kale prison in Sagaing Division 680
miles (1,088 km) north of Rangoon.

On 13 December 2008, Nay Chi, Myo Aung Naing’s wife, told media about the harsh journey she
undertook to visit her husband for the first time since his transfer to Kale Prison in northwestern
Sagaing division from Insein Prison in Rangoon—while her children, aged four to 12, stayed with her
71-year-old father.

While her husband was imprisoned at Insein, she visited him once a month. But after his transfer to
Kale, doing so has become much harder, she said. Getting to Mawlaik, where Kale Prison is located,
requires two full days of travel because no direct bus route links the two cities, and buses leave at
irregular times. Terrible road conditions make for a jarring ride.

“When I got to the prison I was only allowed to see my husband for 40 minutes after traveling all that
time. But when I met with him, things were better than I expected. The guards didn’t interfere with us

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and I could talk to him alone—just the two of us.”

“The prisoners are given time to exercise and take walks. Political prisoners are kept together in a sort
of prison wing—there are 10 rooms situated together to form a kind of unit.”

“He told me that he would not drink the tap water at the prison and that the guards had been providing
him with bottled water. He said he dare not drink water from the prison lest he contract cholera…I sent
him some preventative medicine for malaria, but the medical officer at the dispensary has taken it all
away. When he is feeling ill they said he can ask for the medicine from them.”

“Myo Aung Naing told me to only visit him once every six months. He said that he did not want me to
endure the hardship of traveling every month, even though we are allowed to see each other more often.
He told me to send whatever I wanted, as far as books and medicine go, through the mail to the prison
authorities, so that I would not have to travel to bring them. He said to come only when I can manage.”
(RFA, 13122008)

*This profile was prepared by the Assistance Association for Political Prisoners (Burma) on 2 December 2008
and last updated on 1 September 2009*

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