Arakan State High Court asked to suspend trials, seen as fostering contagion

By Aung Htein 21 Aug 2020

Aung Htein | DMG
21 August, Sittwe 

The Legal Clinic Myanmar (LCM) has asked the Arakan State High Court to suspend or postpone its trials, saying a temporary cessation of business before the court is the prudent course of action to take amid growing concern over a COVID-19 outbreak in the state.  

With the recent reporting of 29 coronavirus cases in less than a week, Arakan State is on edge as its state capital and most populous city, Sittwe, has imposed a curfew and other restrictions intended to prevent the spread of the deadly virus.  

The nature of the High Court’s functions — drawing in litigants and members of the judicial apparatus from townships across the state — is a recipe for contagion, LCM contended in its August 20 appeal.  

Many people with business before the court rely on buses or other forms of public transportation to get to Sittwe, the epicentre of the current outbreak, said Daw Hla Hla Yee, director of LCM’s Sittwe branch. 

“Such movements may be spurring infections,” she said. “So, we requested that the High Court postpone the court cases. If not, difficulties may arise in prevention, control and treatment measures for the disease.”  

LCM also urged an evaluation of the cases of those awaiting trial behind bars with an eye toward granting bail to as many as possible within the bounds of the law. COVID-19 outbreaks have been a problem at jails and prisons across the globe, with health experts citing the crowding and high turnover often experienced among incarcerated populations. 

U Nyein Chan, project director of Thazin Legal Aid Group, also pointed out that suspending trials would eliminate the common circumstance of crowds gathering outside the courthouse on hearing days. 

“Now, I think all trials of the court should be suspended for criminal and civil cases except the cases for which bail cannot be granted,” said U Nyein Chan. 

Forty-five patients have so far tested positive for coronavirus in Arakan State. Sixteen have recovered while the 29 recently reported cases remain hospitalised, all but one of them in Sittwe.