The defendant as a deaf mute
It was early morning, around 6.30 am, on 14 June 1991, when a warden
shouted to all the prisoners- "Keep your cell clean and put
your prison dress on neat and tidy. Sit in the prison and keep silent."
We all understood that a VIP would visit the prison.
Although we sat in our cells for nearly four hours, no one arrived
at the prison and we were all very hungry. We tried to ask a warder
when the VIP would arrive, but he knew nothing and said, "I'm
also very hungry."
It was nearly 12.00 when we heard a noisy whistle and the sound
of warders at the main gate. Many warders ran there shouting to
us, "Sit in prison position and shut your mouths." We
knew that the VIP had arrived at the main gate. Fifteen minutes
later the VIP, escorted by many prison officers and warders, passed
through our cellblock. Ten minutes later, a number of warders shouted
to us that we could sit easy this meant the VIP had left the prison.
We didn't know why he had visited. We knew only that we had had
to sit in the prison position for long hours and felt happy because
we would have breakfast.
While we were lying on our mats waiting for breakfast a warder
asked who Moe Aye was. He ordered me to get out of the cell. My
cellmates looked at me and I gave them a smile. We understood that
if someone was taken out of his cell at noon or night, it meant
a trial or re-interrogation. As soon as I stepped out a white hood
was pulled over my head. Then I had to follow him like a blind man.
When I arrived in the main gate, someone asked about my background
for a few minutes. Then I was handcuffed and forced and get into
a car. I didn't know what kind of car and who was in there with
me. After driving for nearly five minutes the car stopped and realized
that I would be sent to the military court, as it was located in
front of the Central Prison, inside the same compound as the Central
Prison and my prison. Insein Special Jail. The hood was removed
from my head and I could see it was as I had thought - I was in
front of the notorious military court. One military intelligence
officer in plain clothes ordered me to get out of the car. Two policemen
lead me to a small room covered with wire mesh. I saw that there
were three other small rooms and a big hall nearby. I could see
the old, dirty wall of Insein Central prison from my room.
At this stage I had been in prison for six months, after two months
at the MIS interrogation centre. It was not unusual for prisoners
to wait this long before they were tried. Some had to wait for years,
such as Min Ko Naing, the Chairman of the ABFSU, who was arrested
in 1989 in but not tried until 1992. During my six months in prison
before the trial, I was never even sure what I had been charged
with. Above the cell doors in formation about each prisoner was
posted by the authorities, stating the prisoner's name, number and
the section of the Act that the prisoner was charged under. However
the information about the charges was constantly changed for the
political prisoners. Sometimes I would leave to take my shower believing
that I was being charged under section 5(j) of the Emergency Provision
Act, but when I returned this had been changed to another Act. At
times these changes happened on a daily basis. For some prisoner
ever the nature of the allegations changed completely, so that one
day they would believe they were charged with stealing and the next
day this had changed to another charge, such as using drugs or even
just being homeless.
I believe that the authorities had two objectives in mind by doing
this Firstly it was a psychological tactic to make the prisoners
confused. Secondly it was designed to make the warders lose respect
for the political prisoners, by suggesting they had committed criminal
acts. In Burmese culture it would be acceptable for the warders
to then treat the warders with much less respect.
A few minutes after I had been taken to the room a plain-clothes
MIS officer, a police officer and two armed solders entered the
room and asked me about my background for a while. The MIS officer
said. "Your will be sent to the military court soon. Please
keep in mind that you have no right to complain or make any reply
to the military court. If you do, your prison sentence will be doubled.
Now our commander, from MIS unit 7, has already decided to give
you five years imprisonment, but if you complain or reply with angry
words to the court, you will be sentenced to 10 years imprisonment."
The police officer also said. "You should keep quiet in the
court for the sake of your future." Then they lead me to the
court. After walking for two minutes, we arrived at a large room
and I saw that there were seven soldiers and five policemen, all
armed, standing near the doors in the hall. I was surprised that
there were so many people present just for my trial. There was a
low stage at the top of the hall, above which hung the Burmese flag,
and on either side of it large photographs of General Aung San and
the dictator Ne Win. There were many chairs, nearly 30 or 40, on
which some men in plain clothes were sitting. There were many ceiling
fans and the hall was silent except for the noise of the fans.
Then I was forced to sit on the chair nearest the stage. A police
officer requested me to stand to pay respect while the members of
the military court were on the stage. Ten minutes later, three high-ranking
military officers emerged from a small room near the stage and stepped
onto the stage. At that time a police officer shouted for all to
stand and pay respect. After they time a police officer shouted
for all to be seated. He walked near the stage and passed some papers
to one of the members of the court. I knew that the court was made
up of three military officers - an army full colonel, a navy lieutenant
colonel and an air force lieutenant colonel. The officer form the
army was presiding, and read aloud, "This is military court
number three and it will hear the trial of Moe Aye. The court will
be in session twice-to hear the case and to give judgment."
Then he looked at the police officer and gave a nod.
The police officer stood and loudly read my case. I was accused
of many things, notably trying to assassinate the military leader
of the SLORC, trying to kidnap the families of high-ranking military
officers, trying to smuggle in arms from the borders and trying
to persuade young students to go to the jungle. I was also said
to have contacted many groups, most, of which I had never heard
of and didn't think even existed. The police officer concluded by
reading, "Therefore I would like to respectfully request the
military court to give Moe Aye a heavy punishment for his anti-government
activities." I remember thinking that the crimes I was accused
of sounded serious enough to deserve the death penalty. After hearing
from the police officer, the presiding officer of the military court
said that they would think and decide on my punishment soon. Nobody
asked me whether any of the charges were true, or if I had anything
to say. No witnesses were called and no evidence was presented.
The court members returned to the room they had come from.
I looked around the hall. Soldiers and policemen were standing alertly
and some police officers looked at the ceiling. Some MIS officers
sitting behind me looked outside. One army officer was walking near
the entrance. Then I looked at General Aung San and thought about
him. I wondered what he would say if he knew about this trial. A
few minutes later I saw a MIS officer in plain clothes entering
the room where the military court members had gone. Five minutes
later he came out again and came over to sit behind me. I realized
then that he was Captain Kyaw Zin Thet who had arrested me in November
1990. I understood at this point that the military court had adjourned
to wait for him, as he was the MIS officer in charge of my case.
Every aspect of the country is controlled by the MIS, including
the courts. Even though Kyaw Zin Thet was just a captain, it was
his role to direct the tribunal members, consisting of a full colonel
and two lieutenant colonels, what to convict me of and how many
years to sentence me to. No doubt that was what he had just done.
While I was trying to look back at him, a police officer shouted
for all to stand to pay respect to the court. The military court
members took their seats again.
The army officer said slowly, "After hearing these accusations,
the military court believes that Moe Aye has violated the laws and
it is clear that he tried to promote the anti-government movement.
After the 1988 anarchy, the milita4ry had to step in and was only
just able to save the country from falling into an abyss. Moe Aye
never thought well of the military and had a negative attitude towards
it. He tried to incite the people by claiming that the military
will never transfer power. He is trying to destroy the integrity
of the military and bring about further anarchy like that in 1988.
Therefore, according to the Emergency Provision Act, section 5(j),
the military court sentences him to seven years imprisonment with
hard labour," The court members stood and walked beck into
the room.
I was really surprised about the trial, in which I had not been
asked anything. I had thought they would at least ask me whether
I was guilty or not guilty. When I tried to look at Kyaw Zin Thet,
he went out of the hall. Two police officers came over to me and
said, "Thanks for your peaceful cooperation, allowing us to
finish the trial." I was surprised again and didn't reply.
Finally I was sent back to Insein Special Jail gate in the car.
In the car as usual the hood was pulled over my handcuffs, which
I had worn throughout the trial, removed. When I arrived back in
my cell my cellmates jokingly asked me how many years I had contracted
with the junta to hire my room for. I replied "It's a seven
year contract." I still remember that I had to have my breakfast
while my cellmates had their dinner on that day.

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