Verdict again postponed for 23 Kyaukphyu men accused of unlawful association, incitement

By Admin 11 Nov 2023

DMG Newsroom
11 November 2023, Kyaukphyu

A verdict in the case against 23 local men in Kyaukphyu, Arakan State, who were arrested on suspicion of having links to the Arakan Army (AA) and charged under Section 17(1) of the Unlawful Associations Act and Section 505(a) of the Penal Code, has been postponed for more than three months, according to family members.

The presiding judge has postponed the verdict for the 23 men approximately 10 times, with the latest postponement coming at a hearing on November 10. The case was adjourned until November 17.

“The judge and lawyers representing both defendants and plaintiffs were present at the court hearing. The judge continued to postpone a verdict,” said a family member of one of the accused, U Hla Kyaw.

The 23 Kyaukphyu residents were arrested during the latest period of fighting between the Myanmar military and Arakan Army (AA) last year and were prosecuted under Section 17(1) of the Unlawful Associations Act and Section 505(a) of the Penal Code, the latter an incitement provision.

The Arakan Human Rights Defenders and Promoters Association submitted a request to the Myanmar National Human Rights Commission in March of this year to investigate the arbitrary detention of innocent people, but nothing has been done so far.

The effects of trial delays often extend far beyond the defendants themselves.

“I face economic hardships and have no regular income,” said Ma Moe Moe Hsan, the wife of Ko Win Naing, who is one of the accused. “Our motorbike repair shop has been closed since my husband’s arrest. I can’t work as I have to take care of my child. I currently make a living by selling my valuable things.”

“We are worried about his safety. We face various grievances. We want him released as soon as possible if he is not guilty,” said Daw Nilar Moe, the wife of defendant U Soe Win Naing.

There are 128 people in Arakan State who were charged under Section 17(1) of the Unlawful Associations Act or Section 505(a) of the Penal Code, according to a DMG tally.

Figures compiled by the United League of Arakan/Arakan Army (ULA/AA) indicate that the regime detained 594 people in the latest period of fighting between the Myanmar military and Arakan Army, but had released 391 people as of February 2023.