NLD lawmakers attend the first meeting of parliament, on November 16, 2015, after the general election that year. (AFP)

Traitor or victim? The two arrests of Win Myint Aung

Resistance forces have arrested a member of the NLD’s central committee, accusing him of collaborating with the junta, but his defenders say he likely had no choice after the Myanmar military abducted his family.

By FRONTIER

Tabayin is one of many townships in Sagaing Region where anti-junta armed groups have managed to establish a level of rural control since the 2021 military coup sparked a civil war. This is apparent from the many People’s Defence Force checkpoints that dot even major roads in the area.

At one such checkpoint, on the road connecting Tabayin with neighbouring Shwebo Township, PDFs detained a high-profile figure on June 8 this year. But this time the target was not a military officer, a junta civil servant or a paramilitary militiaman. It was an elected MP from the National League for Democracy, Myanmar’s main pro-democracy political party which was overthrown in the coup.

A native of Tabayin’s Sai Pyin village, U Win Myint Aung served as the township party chair and a member of the NLD’s central committee, the second most powerful body in the party after the central executive committee. He stood for election in 1990, 2015 and 2020, winning a seat in parliament each time, although the military only accepted the results in 2015.

Ko Myo*, a PDF member who was present during the arrest, said Win Myint Aung was detained by members of the Tabayin and Shwebo PDFs after they found incriminating evidence on his mobile phone.

“We found on his phone that Win Myint Aung had sent reports to the Northwestern Regional Military Command about his movements and intelligence about the PDFs,” claimed Ko Myo. He said the evidence included communications with an army major and a payment from the military, but acknowledged he did not personally see the content on Win Myint Aung’s phone.

These accusations are much more serious than what was initially reported. Local outlet The Irrawaddy said in June that he was found with a signed pledge not to participate in anti-regime activities – something political prisoners are routinely forced to sign upon their release – and documents asking the military to provide aid to people affected by Cyclone Mocha.

Win Myint Aung was arrested with his brother-in-law U Zaw Wang, and Ko Myo said both were transferred to the police force under the National Unity Government’s home affairs ministry that same day. Zaw Wang was released a few days later but Win Myint Aung remains in custody. The NUG is a parallel administration appointed by elected lawmakers deposed in the coup.

Ko Myo denied reports that the arrest was specifically ordered by the NUG ahead of time.

“While searching him at the checkpoint, we found information about the military council, so he was arrested.”

This wasn’t the first time Win Myint Aung made the news for seemingly negative reasons. In March, he was accused of joining a delegation of NLD members to convince jailed party leader Daw Aung San Suu Kyi to support the military regime’s plans for an election. Few believe the polls will be free and fair, and instead expect them to be an empty exercise to help consolidate the military’s grip on power.

For this alleged infraction, Win Myint Aung and his fellow party members were expelled from the NLD by the central working committee – an emergency party leadership body established after the coup because so many members of the CEC had been arrested.

Win Myint Aung seemingly never publicly responded to the allegations or expulsion, but other members of the delegation disputed the CWC’s authority to do so, given it’s an ad hoc body without Aung San Suu Kyi’s official blessing.

Under pressure

But why would a lifelong NLD member, who served time as a political prisoner, suddenly begin collaborating with the military he had struggled against for decades?

Win Myint Aung was arrested by the PDFs while returning to Tabayin after visiting his brother U Kyaw San Linn in the junta-run Shwebo Prison – the same prison where Win Myint Aung was jailed by the previous military junta in 2003 for his political activities.

His brother has been in prison since August 2021, when the military regime raided the family home in Sai Pyin village, presumably in search of Win Myint Aung. The NLD lawmaker wasn’t present, so the junta did what it often does – it arrested his family members and held them hostage.

Win Myint Aung’s wife Daw Khin Ohn Myint and their 30-year-old son were detained along with his brother Kyaw San Linn. Win Myint Aung later turned himself in, spending around 10 days in military custody and securing the release of his wife and child, but his brother remains imprisoned to this day.

“Is it possible that a politician whose family was taken hostage by the military is willingly cooperating with the military?” asked U Aye Win*, a relative of Win Myint Aung.

“I think he may have had to contact the military council due to circumstances beyond his control. We would like to request the NUG to seriously investigate this situation and provide assurances regarding his safety,” Aye Win added.

An NLD CEC member, who commented on the condition of anonymity, said the military has a well-established “pattern” of abducting family members and torturing political prisoners.

He also insisted that Win Myint Aung has proven his loyalty to the party over many years.

“I don’t believe he is unfaithful to the party or the people who support him,” he said. “But there is a small possibility that he was coerced by the military council and shared some information in a situation where he was not able to refuse.”

An NUG-aligned PDF patrols Sagaing Region’s Tabayin Township, where Win Myint Aung hails from and was arrested by resistance forces, in February 2022. (Mar Naw | Frontier)

Win Zaw Oo*, an NLD supporter from Win Myint Aung’s native Sai Pyin village, demanded more transparency from the NUG.

“Win Myint Aung was a member of parliament whom we trusted and respected,” he said. “As someone who voted for Win Myint Aung, I want transparency about his arrest.”

Win Zaw Oo said supporters felt helpless when Win Myint Aung was briefly detained by the junta, but it shouldn’t be that way with the NUG.

“Since the NUG is the people’s government, I believe we should be able to request that this case is public,” he said. “Although we fear the military council, I don’t think we should have to fear the NUG and PDFs.”

The NLD CEC member agreed, saying they are accustomed to the military regime refusing to release information about prisoners, but the NUG and PDFs must be held to a higher standard.

“It’s not a good sign that two months after his arrest there has still been no official announcement. I don’t mean they should issue an official statement just because it’s a former NLD MP. Even if it is an ordinary citizen, a similar statement would be necessary,” he said.

Aye Win also said that Win Myint Aung remains dedicated to the path of nonviolent resistance, which the NLD followed for decades, another potential point of disagreement between him and the NUG. Today’s uprising has embraced armed struggle, and it remains unclear how Aung San Suu Kyi would feel about this shift.

Aye Win said Khin Ohn Myint begged Win Myint Aung to cease involvement in politics after her arrest.

“Since auntie was arrested by the military, she’s been very afraid,” he said. But he added that the family feels caught in the middle of two opposing forces, neither of which seem to acknowledge the complexity of the situation.

“Now that uncle has been arrested by the PDF, auntie is not sure what to do. I don’t know where to look for help and I’m worried,” said Aye Win, who added Khin Ohn Myint can do nothing but pray.

A test of the NUG’s judiciary

NUG spokesperson U Nay Phone Latt told Frontier Win Myint Aung is under house arrest in an undisclosed location and is in good health. But he showed little sympathy for his predicament.

“Our National Unity Government has already declared the military council as a terrorist organisation since the early days of the Spring Revolution, so anyone who cooperates with the military council or provides information to the military council is likely to be prosecuted under the Counter-Terrorism Act,” he explained.

Nay Phone Latt denied that Win Myint Aung’s expulsion from the party played a role in his arrest, or that it was ordered by the NUG.

“Win Myint Aung’s case has nothing to do with him being a member of the NLD party, it’s about whether or not he cooperated with the military council.”

An anonymous member of the Shwebo District PDF said Win Myint Aung confessed to cooperating with the military council. He said evidence from his phone would be shared in court, but could not be shared with Frontier at this time.

Nay Phone Latt said the NUG’s police force asked the Ministry of Justice for advice on which sections of the Criminal Code he could be prosecuted under and how to proceed with the investigation.

“We know that the MOJ has sent a legal recommendation to the People’s Police Department, which is under the Ministry of Home Affairs,” he said, but added that he didn’t know the specifics of the recommendation.

Lawyer Ko Aung Kyaw Min* said this case is a test of the NUG’s judicial system, and so far the parallel body is not living up to professional standards

“Win Myint Aung’s case will reflect the NUG’s ability to process justice, so I would recommend that they not do this carelessly,” he said.

Aung Kyaw Min called for the NUG to issue an official statement, announce his legal rights, and let him meet with his family. He also said the length of the interrogation and investigation process should be publicly declared ahead of time.

“If he is found to be not guilty, they need to have plans in place for his personal safety,” he added.

But Win Zaw Oo, from Sai Pyin village, said the PDFs don’t have a good track record on this.

He said going through a PDF checkpoint is a terrifying experience, and the personnel are often impatient and disrespectful.

“Most people don’t dare complain because they could easily accuse you of being a Pyusawhti [pro-military militiaman] or military informer,” he said. Win Zaw Oo said last year, another Sai Pyin resident was arrested on accusations of being an informer.

“But it turned out that it was false information. The PDF didn’t even apologise and the victim was too afraid to demand an apology.”

* indicates the use of a pseudonym for security reasons

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