Defendants suffer as courts shutter or curtail operations in much of junta-controlled Arakan State

By Admin 25 Jun 2024

DMG Newsroom
25 June 2024, Sittwe

Civilians unfairly prosecuted on political charges and their families have aired grievances as the courts have ceased operations altogether or are not operating as normal in townships that remain under the control of Myanmar’s military regime.

The Arakkha Army (AA) has seized Buthidaung, Pauktaw, Rathedaung, Ponnagyun, Kyauktaw, Mrauk-U, Minbya, Myebon and Ramree townships during the latest fighting in Arakan State, and is installing its administrative and judicial systems in territory it controls.

Sittwe, Maungdaw, Kyaukphyu, Ann, Taungup, Thandwe, Gwa and Manaung towns remain under the control of the regime, though fighting is taking place in many parts of their eponymous townships.

The courts are not operating in Maungdaw, Thandwe and Taungup townships, where the regime and the AA are currently engaged in fierce fighting.

“The Maungdaw court has been closed since the fighting intensified,” said a woman from Maungdaw Town.

Fierce clashes are taking place daily in Maungdaw Township as the AA attempts to dislodge junta troops from their hold on the strategic border town.

Besides the courts, other governmental departments have ceased operations due to the fighting.

The judicial system is operating as normal in Gwa and Manaung towns, which have not yet experienced fighting, according to residents.

Courts are still open in Sittwe, Ann and Kyaukphyu towns, but are not operating as usual, causing trial delays for defendants.

A relative of a man facing an incitement charge under Section 505(a) of the Penal Code said: “There was no trial three months ago as the court was closed. Now, the trial has been postponed again because the plaintiff has failed to show up.”

It has been nearly eight months since the regime initiated a prosecution against him at the Sittwe District Court after arresting him on October 31, said the relative.

Civilians facing trial under political charges are facing a similar situation at the Kyaukphyu Township Court, according to sources close to the court.

“We don’t know why, but the court only operates three days a week. It is a waste of time, energy and money for defendants and their families,” he said.

Family members also cannot visit the defendants due to junta travel restrictions affecting much of the state. Most of the civilians facing political charges are on trial at courts in Sittwe and Kyaukphyu towns.

One Arakanese politician said: “Most of the courts have ceased functioning. The AA is launching an attack to seize the entire Arakan State, and the regime has to close its courts due to security concerns. Defendants suffer a lot.”

Hundreds of residents in Arakan State were prosecuted under Section 17(1) of the Unlawful Associations Act, Section 505(a) of the Penal Code and other political charges during the military-AA conflict in Arakan State, which most recently flared anew in November and has continued to escalate in the months since.