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1750 K Street, NW, Suite 350 x Washington, D.C. 20006 x +1 (202) 223-3733 x bschwanke@freedom-now.org
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Prof. Christopher
The Burmese junta has deprived Mr. Aung of his right to U.S. consular access since
McCrudden December 3, 2009. He was also deprived of this right during the first seventeen days
Oxford University
of his detention. Mr. Aung was also tortured during this initial period of his
The Honorable detention. He was deprived of food and sleep, beaten, and denied medical treatment.
Patricia M. Wald
Executive Director
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Maran Turner
Our mission is to free prisoners of conscience through focused legal, political, and public relations advocacy efforts.
FREEDOM NOW
1750 K Street, NW, Suite 350 • Washington, D.C. 20006 • +1 (202) 223-3733 • bschwanke@freedom-now.org
Secretary Freedom Now believes that this treatment rises to the level of torture or, at a
Haylie Iseman minimum, cruel, inhuman, and degrading treatment, given its duration and
Hillary Coyne Brill interference with his ability to sleep, and requests your urgent assistance.
Glenn Kaminsky
Micheline Mendelsohn I. Identity of Person Subjected to Torture
Board of Advisors a. Family name: Lwin
Prof. Karima Bennoune b. First name: Kyaw Zaw (other name: Nyi Nyi Aung)1
Rutgers University
School of Law (Newark) c. Sex: Male
d. Birth date: October 28, 1969
Prof. Jerome A. Cohen
New York University e. Nationality: American
Law School f. Occupation: Democracy activist
Irwin Cotler MP g. Identity card number: U.S. Passport Number XXXXXXX
Parliament of Canada
h. Activities: Non-violent democracy and human rights activist
Harry C. McPherson i. Residential address: XXXXXXXXXXXXXXXXXXXX
DLA Piper US LLP
Montgomery Village, MD 20886 USA
Nuala Mole
AIRE Centre
II. Circumstances Surrounding Torture
Prof. A.W. Brian Simpson
Michigan Law School
Prof. Christopher
a. Date and place of arrest and subsequent torture:
McCrudden
Oxford University
Mr. Aung was arrested on September 3, 2009, at Rangoon Airport, Burma. He was
The Honorable moved from interrogation center to interrogation center throughout Burma where he
Patricia M. Wald
was tortured, including: food and sleep deprivation for seven days, beatings, and
Executive Director
denial of medical treatment.
Maran Turner
1
Kyaw Zaw Lwin is Mr. Aung’s legal name. However, his childhood nickname is Nyi Nyi Aung and this is how he is
referred to by his family and colleagues.
Our mission is to free prisoners of conscience through focused legal, political, and public relations advocacy efforts.
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.
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 during
detention? 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.
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 loud
volumes. This is leading to extreme sleep deprivation. Freedom Now believes this treatment began December 7,
2009, if not before.
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.
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?
Our mission is to free prisoners of conscience through focused legal, political, and public relations advocacy efforts.
FREEDOM NOW
1750 K Street, NW, Suite 350 • Washington, D.C. 20006 • +1 (202) 223-3733 • bschwanke@freedom-now.org
MEDIA RELEASE
Chair “The detention of an American citizen under these circumstances has caused alarm
Jeremy Zucker among many Members of the United States Congress, and raises serious doubts about
Treasurer your government’s willingness to improve relations with the United States . . . We
Daniel Silverberg urge you in the strongest possible terms to immediately and unconditionally release
Secretary Mr. Aung and allow him to return to the United States.”
Haylie Iseman
Hillary Coyne Brill Other signatories to the letter include House Majority Leader Steny Hoyer (D-MD),
Glenn Kaminsky Assistant to the Speaker Rep. Chris Van Hollen (D-MD), and Rep. Dan Rohrabacher
Micheline Mendelsohn (R-CA), ranking member on the House Foreign Affairs Subcommittee on
Board of Advisors International Organizations, Human Rights, and Oversight.
Prof. Karima Bennoune
Rutgers University
School of Law (Newark) 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
Prof. Jerome A. Cohen
New York University the Burmese junta that the United States will first look to the treatment of one of its
Law School own citizens in assessing the junta’s willingness to engage in dialogue.”
Irwin Cotler MP
Parliament of Canada
Mr. Aung, a democracy activist, was arrested by Burmese authorities on September 3,
Harry C. McPherson 2009. He was attempting to visit his mother, also an imprisoned democracy activist,
DLA Piper US LLP
who has cancer. Mr. Aung is falsely accused of using a forged Burmese identity card
Nuala Mole
AIRE Centre and illegally importing currencies into the country. He is on trial for these alleged
violations and is detained in Burma’s notorious Insein prison.
Prof. A.W. Brian Simpson
Michigan Law School
Prof. Christopher
The Burmese junta has deprived Mr. Aung of his right to U.S. consular access since
McCrudden December 3, 2009. He was also deprived of this right during the first 17 days of his
Oxford University
detention. In addition to this violation of international law, Burmese authorities
The Honorable tortured Mr. Aung. He was deprived of food and sleep, beaten, and denied medical
Patricia M. Wald
treatment. He is also being denied his rights under Burmese law to a public trial and
Executive Director
access to counsel.
Maran Turner
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Our mission is to free prisoners of conscience through focused legal, political, and public relations advocacy efforts.