Friday's release of many prominent political dissidents from prisons across Burma was welcomed around the world and celebrated with jubilation across the country; but as the dust settles, confusion and controversy arise as to how many political prisoners—if any—are still behind bars.
The current estimates of political prisoners in post-Friday-13 Burma ranges from none (President Thein Sein) to 128 (Burma's home minister) to around 300 (opposition National League for Democracy or NLD) to 1,260 (campaign group Assistance Association for Political Prisoners or AAPP).
According to Thailand-based AAPP, which has been monitoring the situation for years, only 287 of the 651 prisoners released on Jan. 13 were political dissidents.
Based on its most recent nationwide survey in 42 prisons and 109 forced labor camps and an unknown number of secret detention centers, the AAPP said there were at least 1,547 political prisoners in Burma. Its report, which gives details of each of the 1,547's incarceration, was updated on AAPP's website the day before the Jan. 13 amnesty.
Of those released last Friday, the most prominent dissidents were arguably: 88 Generation Students Group leaders Min Ko Naing and Ko Ko Gyi; Htay Kywe; Mya Aye; Buddhist monk Ashin Gambira; ethnic Shan leader Hkun Htun Oo; journalist Zaw Thet Htwe; and blogger Nay Phone Latt.
“Although Ko Min Ko Naing, Hkun Htun Oo and other prominent dissidents have been freed, many political prisoners—such as U Myint Aye, Ko Than Zaw and Ko Aye Aung—are still in prison,” said Bo Kyi, the joint secretary of the AAPP.
Myint Aye was sentenced to 20 years imprisonment, charged with carrying out an explosion. Than Zaw, a member of the NLD, and Aye Aung were charged with having connections to illegal organizations.
According to the NLD's figures, there were 604 political prisoners prior to Jan. 13, around half of whom were released in the government amnesty on Friday.
The opposition party's leader, Aung San Suu Kyi, vowed to continue working for the release of the remaining dissidents, according to NLD spokesman Ohn Kyaing.
Meanwhile, a spokesperson for an independent group of former political prisoners in Burma told The Irrawaddy that according to their figures around 300 out of 604 dissidents remain in jail after Jan. 13.
Spokesman Ba Myo Thein said, “We thank President U Thein Sein. But the less well-known political activists remain in prison. All of them should be freed.”
He said Saw Tin Oo, Sai Phone Tint and a group of ethnic dissidents remained in Thayet Prison where Min Ko Naing was released from.
Speaking to The Irrawaddy on Friday soon after his release, Min Ko Naing claimed that many political activists had not been released from Thayet Prison.
“Some are members of ethnic armed groups,” he said. “NLD member Ko Than Zaw is also locked up in Thayet Prison.
“It is debatable whether some of these detainees count as political prisoners, but the fact remains that they were locked up for their political stance,” said Min Ko Naing.
From the government's perspective, the precise number of political dissidents is fuzzy.
Ko Ko Hlaing, an advisor to the Thein Sein government, told a Swedish radio station in October that Burma only had around 600 prisoners of conscience, half of whom were released at the beginning of that month.
Based on his numbers, following the release of about 300 political prisoners on Jan. 13, very few remained inside.
However, President Thein Sein sparked controversy in November when, speaking at an Asean meeting in Bali in November, he said that there were no political prisoners in the country, and that those who were listed by exile groups as imprisoned dissidents were, in reality, nothing other than convicted criminals.
The confusion was compounded when Home Minister Lt-Gen Ko Ko, speaking the day after the release, said that of the 604 names listed by the NLD as dissidents, 430 were located and confirmed to be in prison, and of that number, 302 were freed on Friday.
Therefore, according to the home minister's calculations, 128 dissidents remain in prison.
Burma watchers have urged caution amid the euphoria, citing the fact that all 651 prisoners released in the amnesty—criminals included—are widely believed to have been freed under Section 401 of Burma's Code of Criminal Procedure, essentially meaning that they can be rearrested and forced to serve out their original sentences if they violate any law in the future.
Article 3 of Section 401 states that the president has the power “to cancel that suspension and order re-arrest of a person at any time without a warrant, requiring that he or she must serve the remainder of the original sentence.”
The question of how many political prisoners are still behind bars is unresolved. Clearly, the sets of figures by AAPP and the government will never meet in the middle.
Tate Naing, the secretary of AAPP, asked commentators to remember that it is not only detained politicians that constitute political prisoners, but anyone who has been detained on political grounds.
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