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Political prisoner

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Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment ". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs ), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates , with incarceration of males proportionately more likely than incarceration of females.

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48-626: A political prisoner is someone imprisoned for their political activity . The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although numerous similar definitions have been proposed by various organizations and scholars, and there is a general consensus among scholars that "individuals have been sanctioned by legal systems and imprisoned by political regimes not for their violation of codified laws but for their thoughts and ideas that have fundamentally challenged existing power relations". The status of

96-480: A prisoner exchange . Prisoners serving a full life or indefinite sentence may never be released. Released prisoners may suffer from issues including psychiatric disorders, criminalized behaviours and access to basic needs. Some criminals, particularly criminals convicted of serious crimes ( felonies or indictable offenses ,) are given restrictions after release, including bans from buying firearms or jury duty exclusion. Post release resources may be provided by

144-505: A chronology documenting ongoing human rights violations in Burma is published. The chronology entails a comprehensive list of those people awaiting trial for their political activities, updating monthly figures detailing the arrests, sentences, and releases of political activists, and reporting on those who are in poor health. The publication of our monthly chronology is catalogued from different media outlets and AAPP sources within Burma and provides

192-467: A delegation of former political prisoners, human rights activists and family members of political prisoners. This was termed "the largest coordinated global action for Burma to date". Recent campaigns have included World Torture Day, International Women's Day, Nelson Mandela International Day and Blue Shirt day in honour of former political prisoner U Win Tin . AAPP has two small museums dedicated to remembering

240-420: A general overview of the current situation in Burma each month. A thematic month in review is also released, providing an in-depth look into events of the previous month. The team also publishes research papers that outline key areas of concern for political prisoners inside Burma, as well as reports used to lobby against the government and build support amongst a network of human rights organizations. AAPP offers

288-402: A multitude of different transgressions, rather than a single well-defined crime. Political prisoners are frequently arrested and tried with a veneer of legality where false criminal charges , manufactured evidence , and unfair trials ( kangaroo courts , show trials ) are used to disguise the fact that an individual is a political prisoner. For example, AAPP states that "the motivation behind

336-655: A political offense". He proposed the following definition: Political prisoners are defined as individuals that are convicted and incarcerated in politically biased trials (or executive decisions in the absence of any trials). Trials are deemed politically biased if they are endorsed by the government and (a) lack a domestic legal basis, (b) violate principles of procedural justice, or (c) violate universal human rights. Steinert noted that his definition does extend to prisoners "imprisoned for nonpolitical identities such as their religious beliefs or their sexual orientations", as well as individuals engaged in violent actions, arguing that

384-416: A political prisoner is generally awarded to individuals based on the declarations of non-governmental organizations like Amnesty International , on a case-by-case basis. While such statuses are often widely recognized by the international public , they are often rejected by individual governments accused of holding political prisoners, which tend to deny any bias in their judicial systems . A related term

432-438: A reliable source of information and gives valuable advice and opinions to international researchers, advisers, organizations and journalists working on the protection of human rights in Burma . AAPP has been providing help to political prisoners, including emergency assistance for those with serious health problems. It has also given financial help to pay for the education of political prisoners’ children, and has helped to meet

480-428: A rule, governments deny imprisoning individuals for their political activities. A political prisoner can also be someone who has been denied bail unfairly, denied parole when it would reasonably have been given to a prisoner charged with a comparable crime, or special powers may be invoked by the judiciary. Particularly in this latter situation, whether an individual is regarded as a political prisoner may depend upon

528-523: A specific response to such movements (a response which often involved incarceration rather than dialogue, particularly under the less liberal regimes). In some places, political prisoners had their own customs, traditions, and semi-formal organizations and privileges; historically, this has been more common up to around the interwar period , as the many political prisoners came from higher social classes (in particular, nobility ), and authorities often treated them better than common criminals. This changed with

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576-524: Is Amnesty International , founded in 1961. Due to the lack of a single, internationally recognized legal definition of a political prisoner, nongovernmental organizations like Amnesty International, aided by legal scholars, determine whether prisoners meet their criteria of political prisoners on a case-by-case basis. The following prisons have been recognized as incarcerating primarily political prisoners and have therefore been called "political prisons": Imprisoned Before colonisation, imprisonment

624-556: Is prisoner of conscience (POC), popularized by Amnesty International. It describes someone who was prosecuted because of their personal beliefs. Some prisons, known as political prisons, are accustomed to or are designed solely for hosting political prisoners. The concept of a political prisoner, like many concepts in social sciences, sports numerous definitions, and is undefined in international law and human right treaties. Helen Taylor Greene and Shaun L. Gabbidon in 2009 that "standard legal definitions have remained elusive", but at

672-412: Is a tort called false imprisonment . In England and Wales, a much larger proportion of the black population is imprisoned than of the white. When a prisoner completes serving their sentence, start probation, or is given a compassionate release they are no longer considered prisoners and are released to the outside world. A prisoner of war may be released as a result of the end of hostilities or

720-785: Is also located in Mae Sot, Thailand. On 13 March 2023, AAPP received the 2023 Geuzenpenning award for the AAPP's "reliability in collecting, recording, and exposing human rights violations to both the people of Myanmar, and the global community." Freedom of expression is heavily curtailed in Burma, with the arbitrary use of laws such as the Foreign Exchange Regulation Act and high treason. There were 2,203 political prisoners in jails across Burma, including monks, students, elected members of parliament and lawyers during SPDC regime. Many had been convicted for expressing views different from

768-606: Is an independent non-profit organisation founded by Burmese former political prisoners living in exile. Mainly staffed by ex-political prisoners, its main aims are to provide assistance for other Burmese political prisoners (those in prison and those who have been released), and to document news related to them. Its stated aims are “collecting information about political prisoners and prison conditions ” and “giving assistance to political prisoners and their families, for example by providing food and medicines, or financial help to enable families to visit their loved ones in prison”. AAPP

816-432: Is conveyed to one only after their detention. Before that, potential political prisoners may be referred to as " dissidents , revolutionaries , social reformers , or radical thinkers". The nature of the behavior that leads to political imprisonment is hard to define and can be roughly described as any "activity deemed questionable by ruling elites ". Therefore, political prisoners may be officially detained and sentenced for

864-627: Is detained for exercising their "human rights under international law, such as peaceable assembly, freedom of religion, freedom of association, free expression, including the freedom to advocate peaceable social or political change, and to criticize government policy or government officials.” Christoph Valentin Steinert, who in 2020 reviewed 366 definitions of political prisoners used in (mainly English language) academic literature in 1956 and 2019, argued that any definition of political prisoner needs to avoid focusing on prisoners' individual motivations and that

912-623: Is free of charge, though for group visits an appointment on the website is requested. Recently AAPP launched a virtual museum tour. In 2011, AAPP started its Mental Health Assistance Programme, with the aim to build trust, improve, and raise awareness of mental health, and encourage participation in human rights promotion and the national reconciliation process. The programme started in Mae Sot, Thailand and expanded into Burma in 2013. to date, MHAP operates in 7 States within Burma and also in Mae Sot. In October 2019 MHAP released its inaugural report on Treating Common Mental Health Disorders in Burma and

960-399: Is not just to punish those opposing the regime, but to frighten those who consider opposing the regime by demonstrating the power of the regime by sending a clear warning that objecting is not tolerated, and that the regime is well prepared and ready to punish the objectors through the creation of total institutions dedicated to hosting political prisoners. The status of a political prisoner

1008-570: Is the restraint of a person's liberty . The 17th century book Termes de la Ley contains the following definition: Imprisonment is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaols; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will without bail or mainprise or otherwise. Imprisonment without lawful cause

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1056-406: Is to be regarded as a 'political prisoner': Burmese Assistance Association for Political Prisoners defines a political prisoner as "anyone who is arrested because of [their] perceived or real involvement in or supporting role in opposition movements with peaceful or resistance means". The US Congressional-Executive Commission on China defines a political prisoner broadly as any individual who

1104-511: The Vietnam War . Political prisoners sometimes write memoirs of their experiences and resulting insights. Some of these memoirs have become important political texts. For example, King's " Letter From a Birmingham City Jail " has been described as "one of the most important historical documents penned by a modern political prisoner". A number of nongovernmental organizations focus on advocacy for political prisoners. The most prominent of those

1152-456: The anniversary of the 8888 Popular Uprising, where former political prisoners are arrested, interrogated and detained without reason. The military regime also attempts to isolate ex-political prisoners from society, for example by denying them economic and educational opportunities. Other organisations that have been campaigning for political prisoners include Burma Campaign UK , Human Rights Watch and Amnesty International UK . Every month

1200-475: The arrest of every individual in AAPP's database is political, regardless of the laws they have been sentenced under". This is common in situations which may otherwise be decried nationally and internationally as a human rights violation or suppression of a political dissident . Steinert notes that "objective evidence about politically biased imprisonments is chronically sparse considering that governments face substantial incentives to hide repressive practices". As

1248-407: The authorities. Various factors have been investigated as to their influence on post-release recidivism , such as family and other relationships, employment, housing and ability to quit drug use. Assistance Association for Political Prisoners Assistance Association of Political Prisoners (Burma) ( Burmese : နိုင်ငံရေးအကျဉ်းသားများကူညီစောင့်ရှောက်ရေးအသင်း ; abbreviated AAPP or AAPPB )

1296-417: The category of prisoners of conscience , the only prisoners who AI demands should be immediately and unconditionally released, as well as people who resort to criminal violence for a political motive. In AI's use of the term, here are some examples of political prisoners: Governments often say they have no political prisoners, only prisoners held under the normal criminal law. AI however describes cases like

1344-421: The costs of medical care for former political prisoners. In 2009, AAPP collaborated with Forum for Democracy in Burma in a campaign Free Burma's Political Prisoners Now. The campaign, which started 13 March 2009, called for UN Secretary-General Ban Ki-moon to prioritise securing the release of all Burma's political prisoners. On 15 June 2009, 677,254 signatures were personally delivered to Ban Ki-moon's office by

1392-408: The differences as follows: AI uses the term "political prisoner" broadly. It does not use it, as some others do, to imply that all such prisoners have a special status or should be released. It uses the term only to define a category of prisoners for whom AI demands a fair and prompt trial. In AI's usage, the term includes any prisoner whose case contains a significant political element, in regard to

1440-402: The earliest known political prisoner; imprisoned for allegedly “poisoning” the minds of Grecian youth through his critique of Athenian society and its rulers. Early Christians, including Jesus Christ , and St. Peter , have also been described as such. Another famous historical figure described as a political prisoner is the 15th century French heroine, Joan of Arc , whose final charge of heresy

1488-626: The emergence of the totalitarian regimes that were intent on annihilating the opposition. In Poland, the concept and even traditions of political prisoners emerged around the second half of the 19th century in the Russian partition . While the Universal Declaration of Human Rights of 1948 is not legally binding, it is generally recognized as "a common standard of achievement for all peoples and all nations". Of particular relevance to political prisoners are its Articles 5, 6, 9 and 18. The UDHR and

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1536-514: The examples given above as "political" and uses the terms "political trial" and "political imprisonment" when referring to them. But by doing so, AI does not oppose the imprisonment, except where it further maintains that the prisoner is a prisoner of conscience, or condemn the trial, except where it concludes that it was unfair. The Parliamentary Assembly of the Council of Europe has the following definition: A person deprived of their personal liberty

1584-505: The former Nobel Peace Prize Laureate Aung San Suu Kyi , detained for many years without a trial. Likewise, supporters of Tibetan spiritual leader Gedhun Choekyi Nyima in the 11th Panchen Lama controversy have called him a "political prisoner", despite the fact that he is not accused of a political offense. He is held under secluded house arrest . Political prisoners may become the subjects of international advocacy and receive aid from various non-governmental organizations. Criticism from

1632-961: The government or for taking part in protests peacefully. As of June 2018, there are currently 245 political prisoners Following the executions of four pro-democracy activists in July 2022, AAPP estimated that 2,114 people have been killed by military forces. Democracy activists have reported undergoing torture, including electric shocks, rape, iron rods rubbed on their shins until the flesh rubs off, severe beatings and solitary confinement. In 2007, AAPP reported how prison hospitals become distribution centres for HIV/AIDS as prison patients were made to share needles and syringes for injections. Even after political prisoners are released, they continue to face ill treatment. The military intimidates and harasses ex-political prisoners in order to prevent them from participating political activities. Such activities are intensified closer to or on politically sensitive occasions, such as

1680-535: The international public opinion has been shown to facilitate the release of political detainees, or reduce their sentences, but is less effective in securing the release of already-sentenced individuals. When the status of political prisoner is well known, it can be seen as a form of status symbol . Some political prisoners purposefully frame themselves as "the imprisoned martyrs and leaders of their movement." Which can safeguard their well-being in prison. Ancient Greek philosopher Socrates has been described as perhaps

1728-591: The later Helsinki Accords of 1975 have been used by a number of nongovernmental organizations as the basis for arguing that some governments are in fact holding political prisoners. In the United States , the term political prisoner has been used during the mid-20th century civil rights struggle and has been occasionally applied to individuals like Rosa Parks or Martin Luther King Jr. , and later used for individuals imprisoned for objecting to US involvement in

1776-483: The motivation of the prisoner's acts, the acts themselves, or the motivation of the authorities. "Political" is used by AI to refer to aspects of human relations related to "politics": the mechanisms of society and civil order, the principles, organization, or conduct of government or public affairs, and the relation of all these to questions of language, ethnic origin, sex or religion, status, or influence (among other factors). The category of political prisoners embraces

1824-685: The need for Comprehensive Mental Health Policies. During the COVID-19 period AAPP's MHAP gave self-care and mental empowerment talks to people in quarantine centers and those volunteering to help alleviate the mental and economic stress, using the experience of political prisoners and their family members. AAPP releases thematic reports regularly exploring the pressing civil and political issues facing Burma during its democratic transition. These reports are published in Burmese and English and disseminated to international and domestic audiences. Below are hyperlinks to

1872-456: The neutral "classification as a political prisoner neither entails an a priori judgment about the moral legitimacy of prisoners' actions nor does it imply that individuals committed politically motivated crimes". The purpose of political prisons and of imprisoning dissidents is to demonstrate the strength of the regime to the dissidents. The regime's opponents are isolated, and stigmatised, frequently abused, and tortured. The goal of such treatment

1920-411: The release of prisoners of conscience, which include both political prisoners as well as those imprisoned for their religious or philosophical beliefs. To reduce controversy, and as a matter of principle, the organization's policy applies only to prisoners who have not committed or advocated violence. Thus, there are political prisoners who do not fit the narrower criteria for POCs. The organisation defines

1968-462: The sacrifices political prisoners have made in their fight for a free, democratic Burma. There is one museum in Rangoon, Burma the other is in Mae Sot, Thailand. The museums house a number of artifacts relating to political prisoners in Burma, including: photographs; prisoner records; a scale model of Insein prison ; a replica prison cell; and items made and used by political activists in prison. The museum

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2016-500: The same time, observing that there is a general consensus that "individuals have been sanctioned by legal systems and imprisoned by political regimes not for their violation of codified laws but for their thoughts and ideas that have fundamentally challenged existing power relations". A number of organizations involved in human rights issues, as well as scholars studying them, have developed their own definitions, some of which are presented below. Amnesty International (AI) campaigns for

2064-661: The subjective political perspective or interpretation of the evidence. Political prisoners can also be imprisoned with no legal veneer by extrajudicial processes or even through executive decisions in the absence of any trials or charges . Some political prisoners need not be imprisoned at all, as they can be subject to prolonged pre-trial detainment instead. Steinert noted that technically, political detainees should be distinguished from political prisoners, but they are often grouped together, and in practical terms, he recommends treating them as special types of political prisoners. Examples of such detainees can include individuals such as

2112-529: The term "should be exclusively reserved for victims of politically biased trials" (in other words, "victims of state repression "), to avoid delegitimizing the term by diluting it with applications to prisoners of any possibly politically motivated action (which on the extreme end of the spectrum would include, for example, Ku Klux Klanners , neo-Nazis , and jihadist terrorists ). He specifically criticizes definitions of political prisoners as "individuals imprisoned for politically motivated actions" or "committing

2160-611: Was founded in the Thai-Burma border town of Mae Sot by on 23 March 2000, the anniversary of the arrest of 1988 student leader Min Ko Naing . Since then, the organization has been run by former political prisoners, with an office and museum dedicated to political prisoners, opening inside Burma in Rangoon 2012. AAPP opened a larger office and museum in Rangoon in March 2018. A smaller office and museum

2208-656: Was introduced through colonization . As noted by scholar Thalia Anthony, the Australian settler colonial state has engaged in carceral tactics of containment and segregation against Aboriginal Australians since colonizers first arrived, "whether that be for Christian , civilizing , protectionist, welfare, or penal purposes." When settlers arrived, they invented courts and passed laws without consent of Indigenous peoples that stated that they had jurisdiction over them and their lands. When Indigenous peoples challenged these laws, they were imprisoned. In English law, imprisonment

2256-409: Was seen as a legal justification for her real crime of "inconveniencing the elites". Padraic Kenney noted that "the emergence of modern political prisoners coincides with a fifty-year period (1860s–1910s) during which [modern] political movements matured around the world", also defining such movements as having "clearly articulated political and social programs" which forced the governments to develop

2304-475: Was used in sub-Saharan Africa for pre-trial detention, to secure compensation and as a last resort but not generally as punishment, except in the Songhai Empire (1464–1591) and in connection with the slave trade. In the colonial period, imprisonment provided a source of labor and a means of suppression. The use of imprisonment has continued to the present day. Incarceration in what became known as Australia

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