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8/14/2019 ko nyi nyi aung
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OOuurrmmiissssiioonn iiss ttoo ffrreeeepprriissoonneerrss ooffccoonnsscciieennccee tthhrroouugghh ffooccuusseedd lleeggaall,,ppoolliittiiccaall,, aannddppuubblliicc rreellaattiioonnss aaddvvooccaaccyy eeffffoorrttss..
Honorary CoChairs
The HonorableVclav Havel
The Most ReverendDesmond M. Tutu
Board of Directors
PresidentJared Genser
ChairJeremy Zucker
TreasurerDaniel Silverberg
SecretaryHaylie Iseman
Hillary Coyne BrillGlenn KaminskyMicheline Mendelsohn
Board of Advisors
Prof. Karima BennouneRutgers UniversitySchool of Law (Newark)
Prof. Jerome A. CohenNew York UniversityLaw School
Irwin Cotler MPParliament of Canada
Harry C. McPhersonDLA Piper US LLP
Nuala MoleAIRE Centre
Prof. A.W. Brian SimpsonMichigan Law School
Prof. ChristopherMcCruddenOxford University
The HonorablePatricia M. Wald
Executive Director
Maran Turner
FREEDOM NOW
1750 K Street, NW, Suite 350 Washington, D.C. 20006 +1 (202) 223-3733 [email protected]
MEDIA RELEASE
For Immediate Release Contact: Beth Schwanke
December 22, 2009 +1 (202) 617-0744
AMERICAN IMPRISONED IN BURMA TORTURED FOR 15 DAYS:
FREEDOM NOW SUBMITS URGENT APPEAL
TO UN SPECIAL RAPPORTEUR ON TORTURE
Washington Today, Freedom Now submitted an urgent appeal to the UN Special
Rapporteur on Torture, Manfred Nowak, on American Nyi Nyi Aungs behalf.
Nyi Nyi Aung, who has been unjustly imprisoned in Burma since September 3, 2009
is being subjected to torture by prison officials in Burmas notorious Insein Prison.
The torture is punishment for his hunger strike earlier this month protesting the
conditions of Burmas political prisoners.
Mr. Aung is being kept in what is known in Burma as military dog cell
confinement. This means that he is kept in solitary confinement in an 8 x 10 cell.
Military dogs are held directly across from his cell in order to subject him to almost
constant, high-volume barking. This treatment and resulting sleep deprivation clearly
meets the standard of cruel, inhuman and unusual treatment prohibited by multiple
international treaties. Freedom Now believes that this treatment has been ongoing
since at least December 7, 2009, when Mr. Aung initiated his hunger strike.
Information about this treatment has only now become available because of extended
denial of access to him.
Freedom Now President Jared Genser stated: We hope that UN Special Rapporteur
Nowak will be able to persuade the Burmese junta to immediately stop torturing Nyi
Nyi. We also believe that U.S. Secretary of State Hillary Clinton must personallydemand that the Burmese junta cease treating an American citizen in this manner.
Mr. Aung, a well-known non-violent democracy activist, was arrested by Burmese
authorities on September 3, 2009. He was attempting to visit his mother, also an
imprisoned democracy activist, who has cancer. Mr. Aung is falsely accused of using
a forged Burmese national identity card and illegally importing currencies into the
country. He is currently on trial for these alleged violations.
The Burmese junta has deprived Mr. Aung of his right to U.S. consular access since
December 3, 2009. He was also deprived of this right during the first seventeen days
of his detention. Mr. Aung was also tortured during this initial period of his
detention. He was deprived of food and sleep, beaten, and denied medical treatment.
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OOuurr mmiissssiioonn iiss ttoo ffrreeee pprriissoonneerrss ooffccoonnsscciieennccee tthhrroouugghh ffooccuusseedd lleeggaall,, ppoolliittiiccaall,, aanndd ppuubblliicc rreellaattiioonnss aaddvvooccaaccyy eeffffoorrttss..
Honorary CoChairs
The HonorableVclav Havel
The Most ReverendDesmond M. Tutu
Board o f D i rec to rs
PresidentJared Genser
ChairJeremy Zucker
TreasurerDaniel Silverberg
SecretaryHaylie Iseman
Hillary Coyne BrillGlenn KaminskyMicheline Mendelsohn
Board o f Adv isors
Prof. Karima BennouneRutgers UniversitySchool of Law (Newark)
Prof. Jerome A. CohenNew York UniversityLaw School
Irwin Cotler MPParliament of Canada
Harry C. McPhersonDLA Piper US LLP
Nuala MoleAIRE Centre
Prof. A.W. Brian SimpsonMichigan Law School
Prof. ChristopherMcCruddenOxford University
The HonorablePatricia M. Wald
Execut ive D i rec to r
Maran Turner
FREEDOM NOW1750 K Street, NW, Suite 350 Washington, D.C. 20006 +1 (202) 223-3733 [email protected]
December 22, 2009
The Honorable Manfred Nowak
Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland
Dear Special Rapporteur Nowak:
We write to request urgent action in the case of Kyaw Zaw Lwin (Nyi Nyi Aung)
detained in Burmas Insein Prison. In addition to prior incidents of torture, Mr. Aung
is currently subjected to what is known in Burma as military dog cell confinement.
It is Freedom Nows understanding that this means that Mr. Aung is held in solitaryconfinement in an 8 x 10 cell. Prison officials keep military dogs directly across the
hall, subjecting Mr. Aung to almost constant barking. Mr. Aung has reportedly been
enduring this treatment since at least December 7, 2009; fifteen days.
Freedom Now believes that this treatment rises to the level of torture or, at aminimum, cruel, inhuman, and degrading treatment, given its duration and
interference with his ability to sleep, and requests your urgent assistance.
I. Identity of Person Subjected to Torturea. Family name: Lwinb. First name: Kyaw Zaw (other name: Nyi Nyi Aung)1c. Sex: Maled. Birth date: October 28, 1969e. Nationality: Americanf. Occupation: Democracy activistg. Identity card number:U.S. Passport Number XXXXXXXh. Activities: Non-violent democracy and human rights activisti. Residential address: XXXXXXXXXXXXXXXXXXXX
Montgomery Village, MD 20886 USA
II. Circumstances Surrounding Torturea. Date and place of arrest and subsequent torture:
Mr. Aung was arrested on September 3, 2009, at Rangoon Airport, Burma. He was
moved from interrogation center to interrogation center throughout Burma where hewas tortured, including: food and sleep deprivation for seven days, beatings, and
denial of medical treatment.
1 Kyaw Zaw Lwin is Mr. Aungs legal name. However, his childhood nickname is Nyi Nyi Aung and this is how he is
referred to by his family and colleagues.
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OOuurrmmiissssiioonn iiss ttoo ffrreeeepprriissoonneerrss ooffccoonnsscciieennccee tthhrroouugghh ffooccuusseedd lleeggaall,,ppoolliittiiccaall,, aannddppuubblliicc rreellaattiioonnss aaddvvooccaaccyy eeffffoorrttss..
The most recent incident of torture is at Insein Prison, Burma. As punishment for undertaking a hunger strike, Mr.
Aung was placed in solitary confinement on December 7, 2009. Prison officials keep military dogs directly
across from his cell. The military dogs bark almost constantly at extremely loud volumes. This has led to sleep
deprivation.
b. Identity of force carrying out the initial detention and/or torture:
The initial detention of Mr. Aung was carried out by the Burmese Special Branch. Freedom Now assumes the
initial torture was also carried out by the Burmese Special Branch.
Freedom Now believes that the most recent incidents of torture are being carried out by Insein Prison officials.
c. Were any person, such as a lawyer, relatives or friends, permitted to see the victim duringdetention? If so, how long after the arrest?
No lawyers, U.S. Embassy officials, relatives, or friends were allowed to see Mr. Aung during the first 17 days of
his confinement. Subsequently, Mr. Aung has been allowed to see his lawyers sporadically. He was allowed to
see his family weekly; due to his hunger strike, this has been diminished to biweekly. Mr. Aung has not been
granted consular access since December 3, 2009.
d. Describe the methods of torture used
During the initial incidents of torture, Mr. Aung was denied food and sleep for 7 days. He was repeatedly beaten.
He was also denied medical treatment.
With respect to this most recent incident of torture, as punishment for his hunger strike protesting the conditions
of political prisoners in Burma, Mr. Aung has been moved to solitary confinement in what is known in Burma as
military dog cell confinement. He is kept in an 8 x 10 cell. Freedom Now believes that he is only allowed to
go to the bathroom on a tray kept in his cell. There are reports that he is allowed out of his cell once a day to
wash his face. Prison officials keep military dogs across from his cell. The dogs bark almost constantly at loudvolumes. This is leading to extreme sleep deprivation. Freedom Now believes this treatment began December 7,
2009, if not before.
e. What injuries were sustained as a result of the torture?
The initial torture led to physical injuries, from which we believe Mr. Aung has now mostly healed.
However, these most recent incidents of torture will certainly lead to more lasting injuries if not immediately
stopped. Fifteen days of sleep deprivation can lead to extremely serious health consequences. Given that Mr.
Aung is in a weakened condition from the initial torture, poor conditions at Insein Prison, and his hunger strike;
Freedom Now is gravely concerned for his well-being.
f. What was believed to be the purpose of the torture?
Freedom Now believes the purpose of the initial torture was to force Mr. Aung to confess to false crimes in order
to imprison him and prevent his non-violent democracy activities.
Freedom Now believes the purpose of the current incident is to punish Mr. Aung for going on a hunger strike to
protest the conditions of political prisoners.
g. Was the victim examined by a doctor at any point during or after his/her ordeal? If so, when?Was the examination performed by a prison or government doctor?
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OOuurr mmiissssiioonn iiss ttoo ffrreeee pprriissoonneerrss ooffccoonnsscciieennccee tthhrroouugghh ffooccuusseedd lleeggaall,, ppoolliittiiccaall,, aanndd ppuubblliicc rreellaattiioonnss aaddvvooccaaccyy eeffffoorrttss..
Honorary CoChairs
The HonorableVclav Havel
The Most ReverendDesmond M. Tutu
Board o f D i rec to rs
PresidentJared Genser
ChairJeremy Zucker
TreasurerDaniel Silverberg
SecretaryHaylie Iseman
Hillary Coyne BrillGlenn KaminskyMicheline Mendelsohn
Board o f Adv isors
Prof. Karima BennouneRutgers UniversitySchool of Law (Newark)
Prof. Jerome A. CohenNew York UniversityLaw School
Irwin Cotler MPParliament of Canada
Harry C. McPhersonDLA Piper US LLP
Nuala MoleAIRE Centre
Prof. A.W. Brian SimpsonMichigan Law School
Prof. ChristopherMcCruddenOxford University
The HonorablePatricia M. Wald
Execut ive D i rec to r
Maran Turner
FREEDOM NOW
1750 K Street, NW, Suite 350 Washington, D.C. 20006 +1 (202) 223-3733 [email protected]
MEDIA RELEASE
For Immediate Release Contact: Beth Schwanke
December 18, 2009 +1 (202) 617-0744
FREEDOM NOW HAILS CALL OF 53 MEMBERS OF U.S. HOUSE OF
REPRESENTATIVES URGING IMMEDIATE RELEASE OF AMERICAN
NYI NYI AUNG IMPRISONED IN BURMA
WASHINGTON: A bipartisan group of 53 members of the United States House of
Representatives, led by Chairman Howard Berman (D-CA) of the House Foreign
Affairs Committee and Rep. Frank Wolf (R-VA), Co-Chair of the Tom Lantos
Human Rights Commission, has urged Burmas junta leader Than Shwe to
immediately release American and Gaithersburg, Maryland resident Nyi Nyi Aung.
In the letter, dated yesterday and attached, the Congressmen declared:
The detention of an American citizen under these circumstances has caused alarm
among many Members of the United States Congress, and raises serious doubts about
your governments willingness to improve relations with the United States . . . We
urge you in the strongest possible terms to immediately and unconditionally release
Mr. Aung and allow him to return to the United States.
Other signatories to the letter include House Majority Leader Steny Hoyer (D-MD),
Assistant to the Speaker Rep. Chris Van Hollen (D-MD), and Rep. Dan Rohrabacher
(R-CA), ranking member on the House Foreign Affairs Subcommittee on
International Organizations, Human Rights, and Oversight.
Freedom Now President Jared Genser stated: We hope that this important
intervention by such a prominent group of Members of Congress will make clear to
the Burmese junta that the United States will first look to the treatment of one of itsown citizens in assessing the juntas willingness to engage in dialogue.
Mr. Aung, a democracy activist, was arrested by Burmese authorities on September 3,
2009. He was attempting to visit his mother, also an imprisoned democracy activist,
who has cancer. Mr. Aung is falsely accused of using a forged Burmese identity card
and illegally importing currencies into the country. He is on trial for these alleged
violations and is detained in Burmas notorious Insein prison.
The Burmese junta has deprived Mr. Aung of his right to U.S. consular access since
December 3, 2009. He was also deprived of this right during the first 17 days of his
detention. In addition to this violation of international law, Burmese authorities
tortured Mr. Aung. He was deprived of food and sleep, beaten, and denied medicaltreatment. He is also being denied his rights under Burmese law to a public trial and
access to counsel.
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