Endless Trial Postponements for Three Detainees in Kyauktaw Township

The court date for the case involving three individuals, including social activist U Zaw Win, who  charged under Section 505(a) in Kyauktaw Township, Rakhine State, has been postponed for the 8th time without reaching a verdict.

As per information provided by a person close to them, on June 27 at 11:00 a.m., three individuals, including U Zaw Win, appeared at the Kyauktaw Township Court for the verdict. However, similar to previous instances, the verdict was not announced on that day, and instead, the hearing date was postponed to July 10.

"When the trial commenced today, the judge, without uttering a word, assigned the hearing date as July 10th. However the verdict date has been rescheduled a total of 8 times, indicating that the judge is unable to deliver the verdict regarding guilt or innocence as long as there is no directive from their superiors," a close person said.

U Zaw Win, a 43-year-old social activist from Pyi Taw Tar Ward, Kyauktaw Township; Ko Zaw Moe Htet, a 28-year-old tobacco company employee from Pan Hpe Chaung Village, Kyauktaw Township; and U Kyaw Than Maung, a 51-year-old three-wheeler driver (locally known as Tuk Tuk) from Khaung Toke Village, Kyauktaw Township, have been charged under Section 505(a).

The family members of the three individuals facing charges expressed their distress and hardship due to the repeated postponement of the verdict date. As a result, they have been enduring a severe financial crisis and significant emotional strain.

During an interview with Narinjara, the father of Ko Zaw Moe Htet, who is currently detained, expressed his firm belief in his son's innocence, and emphasized the importance of reaching a verdict quickly to ensure his release.

"If there continues to be such delays, we will also face financial constraints. We are already enduring significant hardship. We currently allocate 170,000 kyats per month solely for his food expenses. If additional issues arise, it costs us a total of 300,000 kyats," he said.

On June 20, 2022, the Arakan Army (AA) reportedly apprehended three policemen in Kyauktaw Township. Subsequently, on June 21, the individuals were arrested without any apparent justification, following which they were charged under Section 505(a) by the Military Council.

Section 505(a), the charge levied against the three individuals, constitutes a criminal offense for inciting public fear, spreading false news or rumors, and indirectly encouraging public servants to commit unlawful acts. The penalties for this offense can include a maximum prison sentence of up to three years, a fine, or a combination of both.

After the arrest of the three individuals, during the investigation of the case, the plaintiff did not appear, leading to multiple postponements of the trial date. Furthermore, a person closely associated with the case expressed that prolonging the verdict date by up to eight times, despite the examination of the case and the impending final verdict, constitutes a violation of human rights.

"With these trials being repeated endlessly, I strongly advocate for their release from prolonged detention. Keeping them incarcerated like this is a clear violation of human rights. Such violations not only harm the individuals, but also have adverse consequences for the public. I want to emphasize that such actions should be avoided," he said.

In the midst of resurgent battles between the Arakan Army (AA) and the troops of the Myanmar Military Council in Rakhine during 2022, the Military Council carried out arrests, targeting and apprehending 594 innocent civilians from different townships across Rakhine.

At the 7th online press conference held on February 27, U Khaing Thukha, spokesperson for the United League of Arakan/Arakan Army (ULA/AA), disclosed that out of the 594 individuals initially arrested, only 391 have been released. The remaining 203 individuals are still being held in custody.