Political Prisoner Profile

AAPP CASE NO.: 0129

NAME OF POLITICAL
PRISONER: Kam Lam Hkoap @ Kyaw Soe
GENDER: Male Ethnicity: Chin
DATE OF BIRTH: 1973 Age: 36
RELIGION: Unknown
PARENTS NAME: U Fu Cin Shin Thaung
EDUCATION: Unknown
OCCUPATION: Seller
LAST ADDRESS: Dagon Seikkan Township, Rangoon
11 Sep
ARREST DATE: Late October 2007 PHOTO DATE: 09
(EYNG)
SECTION OF LAW: 4, 17/20, 212, 17/1, 6, 13/1, 505(B)
SENTENCING HISTORY: 33 years on 18 November 2008, reduced to 20 years on 22 January 2009
COURT HEARING: Insein prison special court presided over by South Dagon Township Court Judge
NAME OF PRISON: Myaungmya prison, Irrawaddy division
RELEASE DATE:
IMMEDIATE HEALTH CONCERNS:

CURRENT STATUS SUMMARY:

As of 11 September 2009, Kam Lam Hkoap a.k.a. Kyaw Soe is being detained in Myaungmya prison,
Irrawaddy division.

On 22 January 2009, Fu Cin Shin Thang, leader of the Zomi National Congress said his son Kam Lam
Hkoap a.k.a. Kyaw Soe had been denied family visits, and parcels of food and other necessities from the
family were also refused. Kam Lam Hkoap a.k.a. Kyaw Soe is serving 20 years in prison (reduced from
the original 33 years sentence handed down in November 2008) in Myaungmya prison in Irrawaddy.
(DVB, 22012009)

CAREER BACKGROUND:
Kam Lam Hkoap a.k.a. Kyaw Soe is an ethnic Chin activist. His father, Fu Cin Shin Thang is Chairman
of the Zomi National Congress (Zomi is one of the four major Chin tribes and the Zomi National
Congress is its assembly). His father is also a 1990 Member of Parliament for Tiddim constituency (2)
in Chin State, and a member of the Committee Representing the People’s Parliament. The body was
formed in September 1998 by representatives of the political parties that won the vast majority of seats
in the 1990 democratic election.

ARREST DETAILS:
Kam Lam Hkoap a.k.a. Kyaw Soe was arrested with his cousin Kub Kham Khwar a.k.a. Kwalpi a.k.a.
Antorny a.k.a. Charl Fee and Arkanese activist and member of the 88 Generation Students group Tin
Htoo Aung late October 2007 at Dagon Center, Myanigone, Sanchaung Townhsip in Rangoon. They
were accused of a variety of offences in relation to protests of August and September 2007, including
that they printed and distributed anti-government materials at that time. They were also accused of
traveling to Thailand illegally in 2006 and that there they met with members of organisations banned in
Burma. (AHRC – Urgent Appeal Case: AHRC-UAC-177-2008 – BURMA: Three more persons charged
without evidence over September protests, 080808)

On 20 November 2008, Kam Lam Hkoap`s father, Fu Cin Shin Thang commented: “I just keep telling

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myself that at least God knows what [the SPDC] is doing. I’m expecting the young people will be sent
to remote prisons soon and I am very sad about that.” (DVB, 20112008)

The three men were not taken to a police station and then brought before a magistrate, as required under
Burmese law (Criminal Procedure Code, section 61). Instead they were held incommunicado and the
charges presented against them in court only on 20 January 2008. Thus they were kept in illegal
detention in the interrogation cells within the central Insein Prison for 82 days, during which time it is
alleged that they were tortured. It is also revealed that the case was in the hands of the army intelligence
unit Military Affairs Security throughout this time and it was only turned over to the police for them to
put the case into the court. (AHRC – Urgent Appeal Case: AHRC-UAC-177-2008 - BURMA: Three
more persons charged without evidence over September protests, 080808)

DETAILS OF IMPRISONMENT:
The charges against the three men were lodged on 20 January 2008. They appeared in South Dagon
Township Court on 12 March 2008.

The court proceedings were presided over by a South Dagon Township Judge Daw Htay Htay (L.L.B)
(Special Powers). The case was submitted by police lieutenant major Myo Thant. Prosecution was
represented by a township lawyer Win Tin. Kam Lam Hkoap a.k.a. Kyaw Soe and others were
represented by defense lawyer Kyaw Hoe. Kam Lam Hkoap a.k.a. Kyaw Soe was accused of having
connections with the Ethnic Nationalities Council (a body established in August 2001 whose objective
is to foster unity and cooperation between all ethnic nationalities in preparation for a tripartite dialogue
and a transition to democracy). Additionally, he allegedly received capacity building training in Mae
Sot in Thailand, and was also accused of distributing illegal leaflets. Kam Lam Hkoap a.k.a. Kyaw Soe
was charged under the following sections of law:

1 - Section 4 of 'Endangering the National Convention' (SPDC Law No. 5/96) for criticism of the
national convention and constitution writing process;
2 – Section 505(b) of the Penal Code for denouncing the government
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 6 of the Organization of Association Law for forming an organization without permission;
5 - section 13(1), Immigration Law (Emergency Provisions),
6 - section 17(1), Illegal Associations Act 1908,

Primary officials involved:

1. La 127901 Lieutenant major Myo Thant, information forces (Prosecutor)
2. La 124578 Two stars police officer Hla Tun, information forces (Inspector)
3. La 112687 Two stars police officer Tun Thein, information forces (Inspector)
4. La ---------- Two stars police office Win Myint, information forces (Inspector)
5. La 59041 Lieutenant Colonel Maung Maung Oo, information forces (Witness)
6. Maung Maung Than Htay, son of U Hla Thein, 12/Ka-Ma-Ta (Naing) 035706, No.46, Bogyoke street, Puzondaung
Township, (S.W.) (Witness)
7. Zaw Thura, son of U Kyaw Kyaw, 8/Tha-Ra-Na (Naing) 001259, Sein Pan Myaing Police housing, North Okkalapa
Twonsip, (S.W) (Witness)
8 . La 139200 Lieutenant police Myo Maung, information forces (Inspector - Witness)
9. Win Kyaw Thu, son of U Thein Myint, 14/Fa-Pa-Na (Naing) 137409, Shan Kwing Gyi village, Pyapon Township, (S.W)
(Witness)
10. Tha Zin Nwe, daughter of U Mya Aye, 12/Tha-Ga-Ka (Naing) 170914, (16) YuZaNa street, GaGyee ward, Thingangyun
Township, (S.W) (Witness)
11. Daw Lae Lae Win, daughter of U Win Maung, 12/Ba-Ta-Hta (Naing) 022966, Cell (7/B), AungThaPyay street,
TharYarKon ward, Mingala Taung Nyunt Townhsip, (Witness)

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12. La 123903 Two stars police officer Thet Tin, information forces (Witness)
13. La 126459 Two stars police officer Khin Myint, information forces Myawaddy branch (Witness)
14. La 127086 Two stars police officer Myint Aye, information forces (Witness)
15. La 145985 Warrant police officer Aung Ko Ko, information forces (Witness)
16. La 139240 Two stars police officer Tun Thein Soe, information forces (Inspector)
(Source: AAPP-obtained information)

According to information provided by the Asian Human Rights Commission (Urgent Appeal Case:
AHRC-UAC-177-2008):

“The three men were not taken to a police station and then brought before a magistrate as required by
law (Criminal Procedure Code, CrPC, section 61). Instead they were held incommunicado and the
charges framed and presented against them in court only on 20 January 2008. Thus they were kept in
illegal detention in the interrogation cells within the central Insein Prison for 82 days, during which time
it is alleged that they were tortured. It is also revealed that the case was in the hands of the army
intelligence unit Military Affairs Security throughout this time and it was only turned over to the police
for them to put the case into the court…..When the case was brought into the court, it was found that the
police officers presenting it have no evidence at all against the accused. They could not name what dates
the supposed offences were supposed to have been committed. Other questions they refused to answer
on grounds of national security or because they were not authorised. The police had no material
evidence to show the court to prove any of the allegations. Instead they just read confessions supposedly
obtained from the accused. It is a violation of the law for a confession obtained in this way to be given
in the court (Evidence Act, sections 25-26). When the defence lawyer for the three accused asked the
police officer reading the confessions if he knew this, he said yes, but that he was following orders.”

(AHRC - Urgent Appeal Case: AHRC-UAC-177-2008 - BURMA: Three more persons charged without
evidence over September protests, 080808) UPI Asia.com, No evidence please, we’re Burmese police,
070808)

On 18 November 2008, Kam Lam Hkoap a.k.a. Kyaw Soe was found guilty and sentenced to 33 years
in prison. His cousin Kub Kham Khwar a.k.a. Kwalpi a.k.a. Antorny a.k.a. Charl Fee was sentenced to 8
years in prison, while Arakanese activist Tin Htoo Aung also received a 33-year sentence.

On 29 November 2008, Kam Lam Hkoap a.k.a. Kyaw Soe was transferred to Myaungmya prison,
Irrawaddy division from Insein prison.

On 22 January 2009, Eastern Rangoon Provincial Court upheld an appeal by Kam Lam Hkoap a.k.a.
Kyaw Soe and reduced his jail term by 13 years. His lawyer Kyaw Ho said Kam Lam Hkoap a.k.a.
Kyaw Soe will have to serve his two seven-year jail terms under the Printers and Publishers Registration
Act concurrently, followed by two other two-year sentences for sedition and causing public disorder,
which will also be served concurrently. The court also decided to combine his three sentences under the
Unlawful Assembly Act so he will serve the two terms of two years and one of three years concurrently,
bringing his term down from seven to three years. His sentences under the Immigration Act remain
unchanged. In total, the decision reduces Kam Lam Hkoap a.k.a. Kyaw Soe’s sentence by 13 years, to
20 years in total. (DVB, 23012009)

*Profile prepared by the Assistance Association for Political Prisoners (Burma) on 11 September 2009.*

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