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PLEADING NOT GUILTY IN INSEIN (PRE



Subject: PLEADING NOT GUILTY IN INSEIN  (PRESS RELEASE)

ALL BURMA STUDENTS DEMOCRATIC FRONT (ABSDF)

PRESS RELEASE
WEDNESDAY MARCH 19, 1997

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New Report Shows Corrupt State of Burma's Judiciary
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A new report published this month on a summary trial of political
prisoners in Burma provides a rare insight into the corrupt
workings of the country's judiciary and the maltreatment of
Burma's political prisoners.

The report, 'Pleading Not Guilty In Insein', published by the All
Burma Students Democratic Front (ABSDF), is a translation of an
official court document which details the trial of 22 political
prisoners and which was written by the judge presided over the
trial.

It is the first time under the State Law and Order Restoration
Council (SLORC) that such an official court document has made its
way to an opposition group and been made public.

The trial was held in a closed session in the notorious Insein
Prison in Rangoon a year ago in March 1996. The trial followed a
series of raids on the cells of the 22 political prisoners during
which pro-democracy magazines, news bulletins and other materials
were seized, including a message to former UN Special Rapporteur
to Burma, Professor Yozo Yokota, regarding prison conditions.
Each prisoner was subsequently charged under Section 5 (E) of the
Emergency Provision Act for disseminating or planning to
disseminate false information.

Naing Luu Aung who translated the trial document said the report
shows the lack of due process of law in Burma and the complicity
of the judiciary.

"Prisoners were denied access to legal counsel which is contrary
to on of the most basic legal rights. Prison authorities also
used interrogations, beatings and torture as a means to obtaining
confessions for use against prisoners in the trial," Naing Luu
Aung said.

"All this was mentioned in the judge's report but he still
managed to find all 22 political prisoners guilty and sentenced
each of them to a further seven year imprisonment with hard
labor. This is a clear example of how the SLORC through a
compliant judiciary uses its repressive laws to suppress
political opposition."

Among the 22 accused were prominent political prisoners including
journalist U Win Tin, magazine publisher Myo Myint Nyein, and
National League for Democracy (NLD) parliamentarians U Hla Than
and Dr. Zaw Myint Maung, both of whom won seats in the 1990
election. Since the trial, U Hla Than died in custody. His death
certificate stated that he died of pulmonary tuberculosis and his
request to be allowed to die at home was rejected, reportedly
because he refused to resign from the NLD.

"Despite the threat of further torture and punishment the
prisoners showed true courage by boldly defending themselves and
criticizing the authorities. Some prisoners complained of the
beatings in prison and called for prisoners' rights and access to
legal counsel for their defense," Naing Luu Aung said.

Dr. Gothom Arya, Chair of the Program for the Promotion of Non-
Violence in Thai Society, provided the preface for the report,
and in it he praised the courage of the prisoners.

"Not only have they pleaded not guilty to the trumped up charges
of the SLORC, they spoke out in their defense, defending their
basic human rights and dignity and denouncing the unfair trial."


All Burma Students Democratic Front (ABSDF)
For Further Information Contact Naing Luu Aung Tel:0000000
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"Pleading Not Guilty In Insein"

Selected Quotes From The Official Trial Report
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Page 28        Htay Win Aung Testimony
"Htay Win Aung testified that on November 12, 1995 he was taken
away from his cell, his head having been covered with a mask, and
was beaten during an interrogation. He also told the court that
on November 16, 1995 he was treated in the same way during
another interrogation. He said six officials interrogated him
using threats and torture."

Page 33        
"The testimonies of defense witness U Saw Nay Dun and U Tin Maung
Lwin could only verify the accused were put in solitary
confinement and tortured during their interrogation. They were
not able to tell the court anything that would support the
defense case against the other charges."

Page 34        Soe Htet Khaing Testimony
" He siad their testimonies were based on his confessions which
were made during his interrogation. He therefore pleaded not
guilty."

Page 34        Aung Kyaw Oo Testimony
" He said everyone has strength and requested that the court rule
to give prisoners the right to read and write if they are
convicted under the present charge."
Page 35        Htay Win Aung Testimony
" Htay Win Aung told the court that he was not allowed to hire a
lawyer to represent him. He pleaded not guilty on the ground that
the charge against him were unfounded, that there was no proof to
back up the accusations, and that the prosecution testimonies
were based on information obtained through interrogation."

Page 35        Yin Htway Testimony
"Yin Htway stated he was not allowed to hire a lawyer to
represent him...He asked the court when it sentenced the
prisoners to urge the authorities to allow him and the others
full rights of prisoners in prison."

Page 35        Win Thein Testimony
"He said he did not participate in the publishing of the magazine
because he was too tired - both body and mind - due to his
constant torture in prison."

Page 36        Win Tin Testimony
"Win Tin said he did what he believed was right and there was not
a single fact written that was incorrect. He told the court that
the loss of human rights an torture in prison were all genuine
and added that the prosecution could not prove that these points
were inaccurate."

Page 38        
"The judicial officer told the court that all the writings -
poems, articles, descriptive pieces, aesthetic writings,
cartoons, short and long stories - contained in the 102 page
Diamond Jubilee magazine were aimed at defaming and discrediting
the government."

Page 41
"To analyze all the testimonies and the materials shown as
evidence... they are all damaging to the State. Furthermore, they
contain fabricated news broadcasts from foreign broadcasting
stations. The content and style of writing in the magazines is
also detrimental to the State> It is evident that although the
accused had reason to believe that what they were doing was
incorrect, they were distributing and planning to distribute
false news not only within the prison but to organizations
outside."