Nine Sittwe detainees brought to trial on incitement, recidivism charges

By DMG 18 Jul 2022

DMG Newsroom
18 July 2022, Sittwe

Nine Sittwe residents detained by Myanmar’s military regime and facing criminal prosecution were brought to trial in the Arakan State capital on Monday.

They were detained after the Arakan Army (AA) abducted two junta personnel in Sittwe on June 24. The regime has filed incitement charges under Section 505(a) of Penal Code against U Maung Pu, 40, U Saw Lein, 50, U Khin Maung Saw, 49, and U Ba Thein, 57.

It has also opened cases against U Zarni Soe, 27, U Maung Maung Lin, 26, U Kyaw Aye Hlaing, 25, Maung Zan Oo, 19, and Maung Zaw Oo, 18, under Section 5.1 (f) and (g) of the Law Concerning Recidivism.

“They were brought to trial today, but no one was heard by the judge. I was able to see my brother at the court. All the detainees seem to be in good health. He [U Saw Lein] said they were kept properly,” said Daw Nilar, the elder sister of U Saw Lein.

The defendants’ families say they still do not know why the nine were charged. The next court hearing for the four charged with incitement has been scheduled for August 1, and July 26 was the date set for the five others charged under the Law Concerning Recidivism.

The father of Maung Zaw Oo said: “I was able to see my son. He said he was doing well.”

Following the military’s February 2021 coup, the junta introduced changes to Section 505(a) of the Penal Code to criminalise “any attempt to hinder, disturb, damage the motivation, discipline, health and conduct of the military personnel and government employees and cause their hatred, disobedience, or disloyalty toward the military and the government.”

If convicted, the four men charged under Section 505(a) face up to three years in prison.

Section 5.1 (f) and (g) of the Law Concerning Recidivism covers anyone who tends to, or is believed to commit or abet offences disruptive to community peace and tranquillity; or who the community believes could be dangerous if not properly monitored by police.

On June 30, the regime sentenced U Maung Aye, 52, and U Thein Shwe, 42, from Danyawaddy ward in Sittwe to one month in prison for being unable to satisfactorily explain their presence on the streets at night.