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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



Board o f D i rec to rs


ChairJeremy Zucker




Board o f Adv isors









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



Board o f D i rec to rs


ChairJeremy Zucker




Board o f Adv isors









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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