Political Prisoner Profile

AAPP CASE NO.: 0062

NAME OF POLITICAL
PRISONER: Zayar Thaw aka Kyaw Kyaw
GENDER: Male Ethnicity: Burmese
DATE OF BIRTH: 1981 Age: 27 in 2008
RELIGION: Buddhist
PARENTS NAME: U Mya Thaw
OCCUPATION: Singer, a member of Generation Wave (Myoset-Thit-Lunge)
No.355, Boaungkyaw street, 2 ward, Kyauktada Township,
LAST ADDRESS:
Rangoon
April
ARREST DATE: March 12, 2008 PHOTO DATE:
2008
Section 24/1 of the Law Amending the control of money; State Law and Order
SECTION OF LAW:
Restoration Council Law No. 6/88 (relating to forming organizations)
SENTENCING HISTORY: Sentenced to six years in prison on November 20, 2008.
COURT HEARING: Lanmadaw Township Court, Bahan Township Court
NAME OF PRISON: Kawthaung Prison
RELEASE DATE:
IMMEDIATE HEALTH CONCERNS:

CURRENT STATUS SUMMARY:

On November 20, 2008 Zayar Thaw was sentenced to six years in prison. In December 2008 he was
transferred from Insein prison to Kawthaung prison, in the far South. Three of his colleagues from
Generation Wave - Thiha Win Tin, Aung Zay Pho and Arkar Bo - were transferred to different prisons
on the same day. (Irrawaddy 03/12/08)

CAREER BACKGROUND:
Zayar Thaw, along with three other musicians (including Yan Yan Chan, also recently imprisoned),
founded Burma’s first hip-hop group, Acid, in late 2000. The group quickly became very popular
throughout Burma. Zayar Thaw is also a member of Generation Wave, which was founded by young
people and students (around 20 years of age) during September 2007’s Saffron Revolution. The
revolution took its name from the involvement of Buddhist monks in their saffron-coloured robes. After
the Saffron Revolution, the government became even more suspicious of hip-hop and rap music than it
had been, associating it with rebellion against social and political norms and fearing that it would
encourage youth to challenge the government’s power.

Generation Wave campaigns against the military dictatorship by singing protest songs and distributing
anti-government leaflets. It worked closely with the secret organization, Freedom Fighters to produce a
CD called "Oh Myanmar", which includes the “NO NO NO” song to accompany the “Vote No
Campaign” in the May 2008 referendum on the constitution.

On October 9, 2008 Generation Wave distributed leaflets bearing the message 'End of the Dictatorship
2008' around Rangoon, Mandalay and other cities across Burma to mark the one-year anniversary of the
group’s founding. According to Democratic Voice of Burma (DVB), a resident of Rangoon said he had
seen the leaflets: "I saw the leaflets they distributed underneath the Pansodan bridge pass, and in
Thingangyun and Thuwanna townships…The leaflets contained a logo with a thumbs-up sign and a
message that said 'Be free from poverty'.” (DVB, October 10, 2008)

Nine members of Generation Wave had already been arrested at that time: Aung Zay Phyo, Arkar Bo,

Page 1 of 3
Thiha, Yan Naing Thu, Way Lwin Phyo, Min Zaw, Nay Myo Tun, Aung Aung and Kyaw Oo (aka Khin
Oo). Subsequently, Khine Ko Mon (also known as Nyein Chan), Ye Thu (also known as Nyi Nyi), Zin
Min Aung and Aung Paing, were arrested on October 9 and 10 while they were visiting a house. Four
other visitors to the house were also arrested according to DVB reports (October 14, 2008).

ARREST DETAILS:
Zaya Thaw was arrested, along with his friends Aung Zay Phyo, Arkar Bo, Thiha Win Tin, Wai Lwin
Myo and Yan Naing Thu at a restaurant on Saya San Road on March 12, 2008.

DETAILS OF IMPRISONMENT:
Zayar Thaw, Aung Zay Phyo, Arkar Bo, Thiha Win Tin, Wai Lwin Myo and Yan Naing Thu were all
charged under section 6 of State Law and Order Restoration Council Law No. 6/88 for forming an
illegal organization. Zayar Thaw faced an additional charge under section 24/1 of the Law Amending
the control of money, for illegal possession of foreign currency.

On April 18, 2008, Zayar Thaw was brought to an unknown court and charged under 6/88. On June 23,
2008 his aunt reported to the Democratic Voice of Burma (DVB) that he had made a further court
appearance on Friday June 19, facing the same charges, at Lanmadaw Township court and that Zayar
Thaw and his associates had been beaten during interrogation after their arrests.

Zayar Thaw’s aunt also reported in a June 24th interview that the charges of illegal possession of foreign
currency were to be heard by the Bahan Township court: "Zayar Thaw is facing charges of possession
of foreign currency at Bahan township court as well. He was found in possession of 125 Thai baht, 10
Singaporean dollars and 25 Malaysian ringgits.”

According to another June 24th report by Yee May Aung (http://please-help-burma.blogspot), U Aung
Kyi and Daw Aye Aye acted as defence lawyers for Zayar Thaw, Aung Zay Phyo, Arkar Bo, and Thiha
Win Tin. Wai Lwin Myo and Yan Naing Thu were defended respectively by U Myo Myint and U Win
Tin, resident lawyers at Lanmadaw court. Lanmadaw township police chief Thura Tun acted as the
plaintiff when charges were filed against them and Judge Phyu Phyu Khaing heard the case and passed
sentence in the Lanmadaw Township court.

On November 20, 2008, a judge from Lanmadaw Township court found Zayar Thaw, Aung Zay Phyo,
Arkar Bo, Thiha Win Tin, Wai Linn Myoe and Yan Naing Thu guilty of forming an illegal organization
under 6/88. Zayar Thaw was sentenced to one additional year, six in total, for possessing foreign
currency without approval from authorities.

Zayar Thaw made the following statement 10 minutes before receiving his 6 year sentence:
“I feel sad, but not because of my imprisonment. As a citizen, I exercised my rights to
freedom of opinion and expression, freedom of peaceful assembly and association,
according to Articles 19, 20, 21 included in the 30 Articles of the Universal Declaration of
Human Rights. Without basic human rights like those, while many people are being
imprisoned, charged under sections of law, how can we believe that 2010 will bring true
democracy and human rights? I feel sad for the future of our country and people when I
think about these facts. These words come from my heart. I wish to say to people, "Have
the courage to reject the things you don’t like, and even if you don’t dare to openly support
the right thing, don’t support the wrong thing." (Unofficial translation from Burmese into
English by AAPP)

*PROFILE CREATED BY THE ASSISTANCE ASSOCIATION FOR POLITICAL PRISONERS AND UPDATED JUNE 24 AND
Page 2 of 3
NOVEMBER 26, 2008 AND FURTHER UPDATED ON JUNE 29 2009.*

Page 3 of 3