KO THAN ZAW

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Polaris BuPolaris BuPolaris BuPolaris Burmese Library Collectionrmese Library Collectionrmese Library Collectionrmese Library CollectionThe Fight For Freedom in BurmaThe Fight For Freedom in BurmaThe Fight For Freedom in BurmaThe Fight For Freedom in Burma

Democracy and Human Rights Without BordersDemocracy and Human Rights Without BordersDemocracy and Human Rights Without BordersDemocracy and Human Rights Without Borders

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Amnesty International

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COURSE COUNSELLING COURSE

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Than ZawThan ZawThan ZawThan Zaw was captured in 1989 and in present 2011 he is still in prison. He wascaptured without any evidence together with two colleges for the bomb blasted inThan Hlin oil refinery. Three of them were badly tortured and forced to confess thecrime that they did not commit. Later the person who bombed the Than Hyin oil

refinery was captured and confessed that he was the one who did it but theintelligence did not want to reveal their mistake of punishing innocent people andignored the case. He has been in the prison for 21 years now without any hope. Hegot an Ordinary Heroes award from Japan Burmese community in 2011. Aninnocent person like Than Zaw did not deserve that kind of punishment. His parentsalready passed away while he was in prison. Below is the open letter from ThanZaw to the Myanmar National Human Rights Commission which has been formed bythe government. But his chance for release from the prison is dim because the

commission chairperson was the one who defended the regime and denied thatthere were no political prisoners existed in Burmas prisons. We need internationalcommunities and human rights groups to inquiry about his case and reveal the truthto the world that innocent person like Than Zaw is still lingering in the notoriousprison. Htun Aung Gyaw (Translator)

To/ Myanmar National Human Rights CommissionTo/ Myanmar National Human Rights CommissionTo/ Myanmar National Human Rights CommissionTo/ Myanmar National Human Rights CommissionOpen letter from Than Zaw ( Thayet Prison )

Brief story about my case

On July 13, 1989 early morning around 4am, military intelligence broke into mycompound and said they wanted to check our house hold list. When I opened thedoor, they immediately hand cuffed me and said they were from the nationalIntelligence Bureau. Later I heard that they search my compound in details.

First I thought I was captured because of my involvement in planning the memorialMartyrs' day on 19 July. But I was puzzled when the blue Land Rover car that picked

me stopped on the way and arrested a 18 years old Moe Kyaw Thu although he wasnot in our inner circle group that prepared for political defiance activities against theregime. He had no idea at all what we were doing at that stage. He was an honestyoung man who quit the school for his family survival.

I only met him and talked to him at the 7 July ceremony briefly. I never met him atany NLDs meeting or organizational work.


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It was really hard for me to think why he was with me in the same car. I onlydiscussed with Dr. Win Naing (MP), U Myint Swe, and U Khin Mg Oo about ourdefiance plan on 12 July, 1989, in details.

I was blind folded and brought from Than Lyin to Yangon by ferry. When arrived toan unknown place, someone guided me into a small room. They hand cuffed me andwrapped me with wires. Then they started questioning me,

Are you the one who bombed the Than Lyin petroleum refinery? Do not try to denyit, how do you get this bomb? . Such a question made my head feel like anexplosion blast inside my head. It was the most terrifying moment in my life when Iheard the question. I instantly refused and never associated with that act, suddenlya lot of punches poured down on my face and my body. They tortured me by

whipping with wires and beating with sticks but I did not know how many peoplewere taking part in torturing me because I was blind folded.

Later, the intelligence personnel divided into two groups and forced me to sign theconfession although I was not involved at all. That was why I had decided not tobow down to their pressure even though I knew I could die in their hands, I stick tomy words, the truth. I told them I was not participated in the bomb case and that Icould prove where I was, with whom, at specific time with concrete evidence. Even

though I explained them again and again, they did not accept my explanation andforced me to sign the confession by punching me. I was giving neither food norwater for two days, and during the torture, they beat my head with a one inchdiameter size stick many times, spreading my legs, bending my knees and made mestand on my toes. Then, place a nail under my heels, and put me in that position fortwo days without letting me to sit, which drove me as if I was in hell.

Even though I was given this sort of inhumane type of brutal tortures, it did notmake me surrender into confession that I was involvement with the bomb case of

Than Lyin oil refinery. I totally rejected to sign the confession and kept on saying, Idid not do it.

When they searched my house, they neither find any anti-government documentsnor any piece of the explosives. But they did not stop torturing me and still forcedme to sign the confession.


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The person who was captured before me was, Nyi Nyi Oo , who was a member ofNLD youth at that time, and he was 22 years old. The intelligence personnel broughthim in front of me and forced him to tell the following words.

Ko Than Zaw dont be stubborn, dont let them beat you anymore, I alreadyconfessed, as a man, please confess.

It made me furious and I said, Both you and me didnt do it, why did you confess?After my word spelled out, my whole body was strike by fists, cane, sticks and wirewhipping.

Nyi Nyi Oo was closely working with me before the bombing incident, within theincident and after the incident under my guidance for political activities. I fully

understand that the intelligence personnel tortured Nyi Nyi Oo to confess and usingthe same method to make me confess but I still refused to say what they expectedfrom me.

I told them two days before the incident, I was working at NLD Yangon office forpreparing the 7 July events newsletter which was my responsible task and Nyi NyiOo was with me, plus other members from various parties who attended the event,who could prove as witnesses with concrete evidence. Even though, I explained thedetail facts, they did not accept and forced me to confess by torturing me more andmore. Then they brought Moe Kyaw and forced him to talk with me.

Moe Kyaw said crying, Ko Than Zaw please tell them you did it, I already did.

I had a feeling of mixed confusion with sadness and anger and said, Moe Kyaw, youdid not do it, I did not do it, no one in our group did not do it, we were not involvedin this incident, so why did you confess for something you did not commit? Whilesaying, my whole body was covered with wounds and bruises, and my face was

bloody, my head was as heavy as if the mountain, on top of me.I told the authorities repeatedly that we were not involved in the Than Lyinbombing. Please try to find out who did it. We were not the culprits and that was thereason it was harming us. Also the intelligence bureau would lost its credibility forcapturing innocent people. We love our country, we will never bomb the Than lyin oil


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refinery and we will not harm our people by doing such crimes with all my heart butthey still forced me to confess and continue torturing me.

After three days of torture, they brought Nyi Nyi Oo in front of me again to persuade

me to confess. Nyi Nyi looked very sad for me and it was shown on his face. Ilooked at him straight into his eyes and said with anger, Why did you confess forwhat you did not commit, why did you tell lies?

My mind was filled with confusion due to lack of sleeping, enough rest, without foodor water, continuous torture with various kinds of methods for three days and threenights.

Nyi Nyi Oo said, We made a bomb for a whole night in my house on 6 th (July), Ko

Than Zaw please dont argue and dont let your body get hurt, if you dare to do it,dare to face the consequences.

After I rejected his accusation outright, all I could remember was, at least 10 peoplebeat me up. Some punched my ribs, at that time they did not blind fold me so I seeall of them. When I fell down, they hand cuffed me on my back and tied my bodywith ropes.

Although I wanted to fight back and my anger exploded inside me, I got an idea.

(around 20 suspects were captured for that particular case) if I did not end thissituation, it will not end. The rest could not stand the torture anymore and they hadgiven the same confession. So it came to me as a main source. I had to make adecision to die or something to response.

I decided to response, and while I fell to the ground, two people pulled me up andone punched me and beat me.

I told them with one word, I will tell you what you want. They were now smiling at

me but at the same time I was furious with myself.

I made up the story and confessed. The person who gave me the bomb was MyatThiha who lived in Kyauk Ta dar Township, 40th street and his address. He wentunderground on April 1st, 1989. One day he came to me and talked about plottingthe bomb, I agreed to do it. The intelligence people went straight to Moe Thihashouse. They could not capture him because he was in the jungle, for I had to name


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the person they could not capture. If I lied and pointed out some one and thatperson would be captured, which would end my heroic deeds in my life, I would notlet it happen.

When the intelligence members came back, they said, You are right, after he wentunderground he did not come back to his home. They brought his photos andshowed me. When I saw his post card size model style photo, I told them when Imet him he had the same look like in the photo, it was indeed the best good lookingphoto of his.

As I expected on the next day his photo took place in all newspapers, radio andtelevision.

The whole world knew whether it was true or false, by the Bangkok Pressconference. (Translator -It was a coincident, I was the one who gave a pressconference when one of our members of ABSDF Moe Thiha informed me about thestory that he never went back to Burma after he joined ABSDF and I think it was agood opportunity for us to clear the name of Moe Thiha and people who werecaptured inside Burma. Also explained the world that it was targeted to portray NLDas a terrorist group)

Moe Thiha told the media that no one was involved in the bombing and he neverwent inside Burma. It was only to target NLD party to portray as terroristorganization. Soon after Karen National Union leader General Bo Myo announcedthat Than lyin bombing was plotted by KNU not NLD. (Later, I heard this news whenI arrived in Insein prison. (Translators explanation: Ko Ko Naing who was from KNUplotted the bomb at Than Hlin Oil refinery and later he was captured when enteringagain inside Burma. He confessed that it was him but the government still maintaininnocent people in prisons)

On 17th July, 1989 I was sent to the Insein Prison. At the same day I was coveredwith a blanket and brought me from a special cell to a room. They let me sit on achair and removed the blanket from my body. First person I saw was a judge (Heintroduced himself to me so that I knew he was a judge). I saw two women on hisleft. They were witness it said. On my right, remote control video camera wasfocused on me, near the camera was a man who was from Myanmar news or anintelligence unit member was taking my pictures.


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Two feet away in front of me was a blue colour microphone, the wire that came outfrom the microphone go beyond my back about twelve feet away and wasconnected with a two tape recorders which had a tape each in it. When I lookedback I saw some army officers were near by.

The judge introduced me by himself and told me to give a confession, or if I want tochoose not to, it was my choice. I did not hesitate and told him that I had nointention to confess right now because my health was not good and I would confessin front of the court. The judge told me to consider it and he wanted me to confessright now. I told him that I apologize him humbly and I already thought about not toconfess. The judge told me to consider it again and gave me a certain time to thinkaround noon. The intelligence member covered me with a blanket and sent me to aroom where they beat me up again and scolded me while kicking my body. Theytook off the blanket and punched my face. They were intelligence from Rangoondivision, Mayan Gone Township, Aung Tha Pye police quarter who first captured meand tortured me.

I told them I would not confessed, I would tell the truth in front of the court, nothere, by begging them. Time passed by and I heard from the radio that State Peaceand Development Council General Secretary (1) U Khin Nyunt gave a pressconference about the Than Lyin Oil Refinery bombing and heard about setting up

the military tribunals. Then the intelligence took me to a place where I could nothear the radio. I did not want to confess that was the reason I tried to stretch thetime, but they forced me to confess any way. Nyi Nyi Oo and Moe Kyaw Thu alsoconfessed ahead of me and I was the only one left to confess. The beating andtorture were more intense and forced me to confess again and again.

The time was now over 9pm and the judge and the two women were still waiting forme to confess, they had to wait until I confessed. The intelligence forced me to siton the chair and told me to repeate the confession that I made at their Aung ThaPye interrogation quarter.

Finally, I confessed without my will because I have no choice. I intentionally told thefalse confession with irregularities and contradictory facts until midnight. In themorning of 27 July 1989, I was taken by a car from my cells front gate to a roomnearby Insein Prison. I also saw Nyi Nyi Oo and Moe Kyaw Thu in the room. Theyhand cuffed us and let us sit together on the benches.


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This time they did not cover our faces with blankets, so we saw our surrounding. Isaw they are preparing for the hearing. I told Nyi Nyi and Moe Kyaw that it might bea military tribunal and encouraged them to speak the truth without compromiserepeatedly.

Now my vision was right, they let us sit in front of the court where the chair of thecourt was a Lt. Colonel Aung Nyunts (Air Force) military tribunal.

The intelligence read their investigation report and concluded that three of us need amaximum punishment. They said we committed 302.1 (B) 34 criminal code. It wasnot only to humiliate us but also to harm our beloved party. I argued that we werenot near the incident area and we could prove where we were at the time of theincident with concrete witness. I said we had been severely tortured by the

intelligence, as a result we could not bear any more and confessed but we wereinnocent. After I explained two hour long testimony, the judge ordered to recess at11am. The intelligence dragged me into the car and drove back to the Insein Prison,while riding on the car they kicked me. At 1:00PM they took me back to the courtand let me sit in front of the court. When the secession started the Judge Second Lt.Col. Aung Nyunt(Air Force) said, This court find out that the defendants one MaungThan Zaw, two Nyi Nyi Oo, and three Maung Moe Kyaw Thu are guilty, what do youwant to say?

I started to argue that we were not involved in the bomb blast on July 7, 1989 andwe did not do it that was why we were innocent, we did not deserve punishment,we wanted to be free unconditionally. In the Dhamma Pala justice law it said, It isimportant not to punish one innocent person rather than releasing ten guilty ones.That is the reason we need to be freed. But the Judge said including Nyi Nyi Oo andMoe Kyaw Thu were also guilty as charged and sentenced to death.

For me it was not only a death sentence, further more on September 5, 1989,

around 10 am Nyi Nyi Oo and I were taken out from the death row cell and they tiedour hands on our back, and then locked our ankle with iron chains. They put a hoodon our head and drove to the military tribunal 1, where we were sentenced. Thenthey charged us with high treason and accused us for rebellion against the State ofcode 122/1.


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They accused that we were doing the underground anti-government activities butwe defended in all our capacity to explain with some evidences and pleaded notguilty one by one but the judge did not accept and said we all were guilty of hightreason under code 122/1 and was given a life sentence to 16 people including me.

1. Maung Than Zaw NLD Youth Representative Than Lyin Township2. Maung Nyi Nyi Oo NLD Youth Representative Than Lyin township3. Dr. Tun Thu NLD member Pha Kuu Village organizer, Than Lyin Township4. Maung Aung Kyaw San NLD Member, Pha Kuu Village, Than Lyin township5. Maung Htay Lwin NLD Member, Pha Kuu Village, Than Lyin township6. Maung Htwe Maung NLD Member, Pha Kuu Village, Than Lyin township7. Maung Ohn Win NLD Youth, Than Hlin township8. Maung San Aung NLD Youth, Than Hlin township9. Maung Aung Than NLD Youth, Than Hlin township10.Maung Moe Kyaw NLD Youth, Than Hlin township11.Maung Nay Linn Soe Yin NLD Youth, Than Hlin township12.Maung Aung Naing NLD Youth, Than Hlin township13.Maung Zaw Tun Thet NLD Youth, Than Hlin township14.Maung Thet Khine ABSFU Thuwanna township15.Maung Aung Aung DPNS, Kaw Hmu township16.Maung Moe Thet DPNS, Kaw Hmu township

I passed the time by trying to resist the hardship in Inseins death row inmate cell bygripping my fist. On September 25, 1990 the wardens accused me to create a strike.I was badly beaten, my whole body was soaked with blood. They transferred me tothe Thayet prison with prison guards on September 26, 1990.

Now the government reduced me from the death sentenced to 20 years and fromlife sentence 20 years to 10 according to 1/93 announcement. So total of my jailterm is now 20+10= 30 years.

In conclusion, I reported you and let you know about me that I am still spendingdays, moths and years in the prison cell by those unfair two cases without anysupporting evidence on paper, no concrete evidence at all.

Than Zaw


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National League for Democracy (Youth)Current Address: Cell Number ( )

Thayet Prison Magwe DivisionUnion of Burma


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(NLD ) (NLD ) ( NLD ) ( NLD )

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