Junta state prosecutors cause extra suffering to political prisoners & relatives by persistent “ No Show” at court hearings

Narinjara News, January 11, 2023

The systematic failure of prosecuting lawyers to show up at court hearings in Rakhine  for political cases, has inflicted additional suffering for the prisoners, and also caused extra anxiety and financial costs for their families, who have to make wasted journeys to a hearing that is almost immediately postponed.

In the case of U Hla Maung Than (43), a rice mill owner from Kar Di Village, Kyauk Taw Township, appeared in Sittwe Township Court. But the military council’s plaintiffs

did bother to turn up on January 9th, and the next trial was postponed to January 20th, family members said.

Daw Hla Aye San, the housewife of U Hla Maung Than, said, “ I feel sorry for this delay. Since there are 2 or 3 families to go, the car fare is about 60,000. We have to pay for their food and drink, which costs about 100,000 to 200,000. My husband is not related to AA. I don’t want to delay this kind of thing. If they want to file a case, then they must come on time. I want the truth to be established. Since my husband was arrested, the whole family is suffering. I depend on my husband, so it is very difficult to survive now.”

In another January 9 th case scheduled for a hearing at the Kyauk Taw Township Court, 7 people including U Saw Moe Kyaw, a recreational photographer from Minbya town, appeared in court, but the prosecutors from Military Council did not show up. The trial was adjourned until January 23, according to family members of those arrested.

A Rakhine human rights activist told Narinjara that the military council’s delayal of trial dates by the plaintiffs without coming to court is an illegal act, and it is just using the law arbitrarily, to torment and frustrate the public.

“I want to say that the postponement of the trial date is illegal. Because if either the plaintiff or the defendant, does not attend a hearing for two or three weeks, the judge will eventually issue a warrant. But the prosecutors did not come this week and also the next week. On the other hand, I want to say that this is arbitrary arrest and detention. In these cases arrests are made without any hard evidence and instead the case is based on fabrication. This is a violation of human rights,” he said.

At around 11:40 a.m. on January 9th, 4 people including U Than Tun (40) from Hmo Hin Taw Village, Toungok Township, who are being prosecuted under Section 17(1) of the Unlawful Association Act, appeared at the Toungok Court.

A member of their family said that the trial was rescheduled for January 23 as the Military Council prosecution officer did not come.

On October 28, 2022, U Than Tun had been abducted from his home to a military base in Toungok and during interrogation, his left rib was broken. He first appeared in court back in November. U Than Tun was brought to court again but as the plaintiff did not appear the trial was again adjourned. So the situation of the case has not changed, U Than Tun’s housewife said.

“ The trial was scheduled for January 23. Nothing was checked or asked. Including this time, the trial date has been delayed 5 times. I suffered a lot because he was arrested unjustly. Since there is no head of the family at home, we have to operate without income and it is a lot of trouble to send our children to school. I want my husband to be released as soon as possible. Now our three children will not be able to go to school,”  she said.

During the fierce fighting between the Arakan Army (AA) and the Myanmar Military Council in Rakhine, the Military Council has arbitrarily arrested hundreds of civilians,including departmental staff and village administrators.

Those arrested are being charged under Section 17(1)(2) of the Unlawful Association Law, Section 505 (a) of the Penal Code and Section 131 of the Penal Code for rebelling against the Military.

U Khaing Thukha, information officer of the United League of Arakan/Arakan Army (ULA/AA), said in a press conference held last November 28, that the Myanmar Military Council arrested 324 innocent people during the revival of fighting in Rakhine, and 85 of them were released, but most of them are still detained.