Political Prisoner Profile

AAPP CASE NO.: 0033

NAME OF POLITICAL
PRISONER: Nay Phone Latt @ Nay Myo Kyaw
GENDER: Male Ethnicity: Burmese
DATE OF BIRTH: 1980 Age: 29 in 2009
RELIGION: Buddhist
PARENTS NAME: U Thein Tun and Daw Aye Aye Than
Blogger, internet café owner and a youth member of the
OCCUPATION:
National League for Democracy (NLD)
LAST ADDRESS: Thingangyun Township, Rangoon
June
ARREST DATE: 29 January 2008 PHOTO DATE:
2008
The Penal Code: 505(B); The Video Act 32(B), 36; The Electronic Transactions Law 33,
SECTION OF LAW:
38
SENTENCING HISTORY: 20 years and six months, reduced to 12 years on 20 February 2009
COURT HEARING: Yangon Western district court inside Insein prison
NAME OF PRISON: Pa-an prison from Insein prison on 16 November 2008
IMMEDIATE HEALTH CONCERNS:
Nay Phone Latt suffers from an eye ailment. He has been denied adequate treatment by the prison
authorities (29 January 2009, RSF).
CURRENT STATUS SUMMARY:
On 8 April 2009, Reporters Without Borders (RSF), an international media freedom group, demanded
the release of two Burmese bloggers Nay Phone Latt and Zarganar because they were punished unfairly.
Appeals have been filed at the Rangoon Supreme Court again for their acquittal.

At present, the junta is holding Zarganar in Myitkyina prison and Nay Phone Latt is being held in Pa-an
prison in Karen State. (Mizzima, 8 April 2009)

On 20 February 2009, Nay Phone Latt’s sentence was reduced. Rangoon divisional court upheld an
appeal by the blogger and reduced his sentence by eight and a half years, according to his mother Aye
Aye Than.

He was initially sentenced to 20 years and six months in prison. Aye Aye Than said she was unhappy
that her son’s conviction was not overturned. "The court decided to reduce his prison terms under the
electronic and the video acts but I'm not satisfied with this yet as my son never did anything wrong to go
to prison," she said. "I called Pa-an prison after hearing the court's decision and asked officials there to
pass on the good news to my son – hopefully they will do that." (DVB, 20 February 2009)

On 11 March 2009 it was learnt that Tomas Ojea Quintana, the UN Special Rapporteur on Human
Rights in Burma, did not meet Nay Phone Latt during his visit to the Pa-an prison on 15 February 2009.
(Report of the Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana,
110309)

On 15 February 2009, Quintana visited Pa-an prison, in Karen State in eastern Burma, where there are at
least nine prisoners of conscience including Nay Phone Latt, according to a prison official. "Yesterday,
he [Quintana] came here and stayed around one hour from 6 p.m. to 7:30 p.m." the official said. But the
official declined to give details as to whom Quintana met during his visit to the prison saying, “No one
is allowed to speak about this, we don't know."

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Nay Phone Latt's mother, who visited her son at the Pa-an prison, said she saw the prison authorities
cleaning up the prison and changing the prisoner's uniforms. "I saw that authorities are cleaning and re-
painting the prison," she said. Aye Aye Than added, "My son is aware that Quintana will be visiting the
prison but I am not sure whether my son met with the UN expert." (Mizzima, 16 February 2009)

On 29 January 2009, a Paris-based media rights group Reporters Without Borders (RSF) launched an
appeal for the release of Nay Phone Latt on the first anniversary of the blogger's arrest. The group urged
the international community not to forget about the 28-year-old online activist, who was sentenced to
more than 20 years in prison (later reduced to 12 years) for possessing a banned videotape. (VOA, 29
January 2009)

On 16 January 2009, Nay Phone Latt’s father wasn’t allowed to visit to him in prison. His mother Aye
Aye Moe said, “There’s no chance to see him. The prison authorities said that no family visits will be
allowed for any political prisoners in January.” (RFA, 17 January 2009)

On 10 December 2008, Nay Phone Latt found out about the prize in the cyber-dissident category
awarded to him by the Reporters Without Borders (RSF) from prison authorities, according to Aye Aye
Than, his mother. "I thought he still didn’t know about the RSF award when I visited him in prison but
he said he had found out about it from prison officials and had celebrated by treating his fellow inmates
to snacks," she added.

The imprisoned blogger has said he feels a greater sense of responsibility since being honoured by RSF,
according to his mother. "I'm happy for my son and I think the award will raise awareness of the unfair
trials in Burma that are putting young people in prisons."

Aye Aye Than said the family is allowed to visit Nay Phone Latt twice a month for 45 minutes each
time. Prison officials have also allowed family members to give him blankets and jumpers as the
weather is getting cold in Pa-an prison. (DVB, 10 December 2008)

On 4 December 2008, Nay Phone Latt was awarded the Cyber-dissident award from RSF (Reporters
Without Borders) along with Burmese comedian Zarganar. (RSF, 4 December 2008)

CAREER BACKGROUND:
Nay Phone Latt was a youth member of the National League for Democracy and one of Burma’s best-
known bloggers. He owned the Explorer Internet café in Rangoon’s Papedan Township, the Heaven
Internet café in Thingangyun Township and a third in the same suburb of Rangoon. Authorities had
been watching him since he returned from a trip to Singapore in 2007.

He set up his own blog www.nayphonelatt.blogspot.com, where he has written about the difficulties that
young people have in expressing themselves in Burma, especially since the crackdown in September
2007. During the “Saffron Revolution” his blog became an important source of information about
developments inside Burma. The blog is still available to read on-line.

ARREST DETAILS:
On 29 January 2008, Nay Phone Latt was arrested at home. He was briefly detained at the Ministry of
Home Affairs, and transferred a week later to Hall No.1 of Ward 1 in Insein prison.

On 16 June 2008, his defense counsel U Aung Thein said "We have to submit an application to the
prison authorities. We never got a chance to meet him. We applied after seeing the statement posted on
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the notice board suggesting he would be permitted to meet his counsel. I will represent him in court and
meet him when it is permitted which is usually on working days,"

On the same day, his mother Daw Aye Than visited him in prison. "He was interrogated inside the
prison. He said he was interrogated twice. He was asked about his blog and if he had a pseudonym.
They said that some writers post their articles and news under pseudonyms while some use their own
names such as Sayama (former lecturer) May Nyein and Dr. Lunn Swe. They asked him if they knew
them". She added:"It's strange that he was being questioned again and again. I think they are trying to
frame him and charge him in court with a crime he didn't commit. As far as I know, he's never sent any
news outside". (Mizzima, 16 June 2008)

He was arrested together with Thin July Kyaw, an activist from Dagon Township, Rangoon. Thin July
Kyaw was sentenced to 2 years and 6 months at the same hearing.

DETAILS OF IMPRISONMENT:

On 7 May 2008, he was charged by police prosecuting officer Ye Nyunt with:

A - Section 505(b) of the Penal Code (statements conducive to public mischief),
B - Section 32(b)/36 of the Television and Video Law,
C - Section 33(a)/38 of the Electronic Law Transaction Law

On 16 June 2008, it has been reported that he is being reinvestigated by authorities, and has been
interrogated a total of 3 times in Insein prison since Cyclone Nargis struck, but has yet to appear in
court. (Mizzima, 16 June 2008)

According to Reporters Without Borders, Nay Phone Latt has been transferred from cell No. 7 to cell
No. 3 in Insein prison’s cellblock 1. During a recent interrogation session, the police threatened to bring
other charges against him, in addition to the charge of possessing banned DVDs.

On 12 August 2008, court hearings started. They were conducted by the Rangoon Western District
Court in Insein prison Special Court.

On 10 November 2008, Nay Phone Latt was given sentences totaling 20 years and 6 months. He
received 2 years under section 505 (B) of the Penal Code, 3 years and 6 months under sections 32 & 36
of the Television and Video Law and 15 years under sections 33 & 38 of the Electronic
Communications Law. The sentences were handed down by vice district Judge Daw Soe Nyan.

On 16 November 2008, he was transferred to the remote Pa-an prison in Karen state, 135 miles from
Rangoon, making it difficult for his family to visit him.

On 23 November 2008, Nay Phone Latt’s mother went to visit her son in Pa-an prison. Afterwards, she
said, “He told me that he can stand the long imprisonment given to him, but he’s upset that he can’t
carry on using his skills to work for Burmese people.” (RFA 23 November 2008)

* This profile was prepared by the Assistance Association for Political Prisoners (Burma) on 17 June 2008, and
updated on 6 August 2009.*

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