Narinjara News, 19 March 2023

The judges at the district and township level of Rakhine State remain silent regarding the repeated failures of the military plaintiff's trialand they have not taken any action to address the pertinent issue.

This inaction has resulted in criticism ofthe judicial sector as repeated delays have harassed the defendants along with their families.

U Myat Tun, Arakan human rights defenders and promotersassociation director, hascriticized the plaintiff and the judges in cases involving individuals who were arrested onsuspicion of having links withthe Arakan Army (AA), but they repeatedly failed to attend the trial. It demonstrates a lack ofrespect for the laws, he observed.

"When a lawsuit is brought to the court, all witnessesand plaintiffs must appear forexaminations. Failing to testify is a form of disrespect towards the court and the laws," he added.

Many individuals, who were arrested on suspicion of havingties to AA faced the hardship dueto multiple trial postponements. The absence of a military plaintiff has been cited as the reason for thesedelays, but thejudges have not utilized ordinary summons or court orders to compel their attendance.

"They are acting as dictators, intentionally behavingas if they hold allthe power. This is a dictatorial approach. Under the law, if a summoned plaintiff failsto appear, a final warrant can be issued," asserted U Myat Tun.

Reports indicate that trials involving individuals arrested on suspicion of having ties to the AA havebeen delayed multiple times, wheresome cases experienced even nine postponements. The absence of plaintiff militaryofficers has been cited as the reason for these delays.

On 14 March, 14 defendants, including ward administrator UWin Maung (who is charged undersection 17(1) of the Unlawful Association Act) from Zayditaung in Kyaukphyu township, appeared in the townshipcourt.
But the plaintiffs in the case, captain Shine Htet Aung withanother officer, failed to appearat the trial, causing the postponent till 21 March, said the concerned family members.

Similarly, during the trial of U Aung Kyaw Hla (aka NyiDaung Chey), ward administrator ofOkkar Pyan, at the Minbya township court on 14 March, the hearing was adjourned for a week due to the absenceof the judge. Daw Oo Mya Yee, wifeof the defendant, confirmed that the trial was postponed.

5 Minbya residents, including U Aung Kyaw Hla (aka Nyi DaungChey), who were prosecuted underthe unlawful association act 17(1) and (2)after arresting by the military council soldiers on 8 October 2022 also faced the same fate.

During the trial of U Lay Maung Thein (aka U Hla Maung Thein) at Sittwe district court on 10 March, theplaintiff captain Waiyan Paing Soeof the Sittwe-based 354 battalion and the judge U Win Naing from Sittwe township, failed to attend theproceedings.
The plaintiffs in the case failed to appear in the court forthree consecutive hearings (10, 28February and 10 March), said a concerned familymember while talking to Narinjara News.

During the court hearing of U U Kyaw Hla, 66-year-old Daingnet administrator of Tat Min Chaung villageunder Buthidaung township, and UHamid Tu Song, 66-year-old Muslim village administrator of Mee Kyaung Zay at Buthidaung township courton 9 March, the plaintiffs military Intelligence (Sa Ya Pha) captain Nay Min Oo of Buthidaung strategic and captain Soe Win of theborder guard failed to attend the proceedings. Consequently the trial was postponed till 17 March.