Arakan State courts not operating due to conflict

By Admin 26 Dec 2023

DMG Newsroom
26 December 2023, Sittwe

Courts in Arakan State have ceased to function due to fighting between the Myanmar military and the Arakan Army (AA).

Departments running the junta’s administration including township General Administration Departments, municipal offices and the court system have been closed due to security concerns.

Many people facing prosecutions on politically motivated charges are left in legal limbo as a result, and many have already suffered through repeated trial delays.

Hearings in a case against Ko Pyae Sone Win, Ko Kyaw Win Hlaing and Ko Ko Nyunt from Mrauk-U Township, who face charges under Section 17(1) of the Unlawful Association Act and under Section 505(a) of Penal Code, have been halted as the court has been closed since mid-November.

“The court in Mrauk-U has been closed since the fighting broke out in Arakan State. Family members also can’t visit them due to travel restrictions [imposed by the regime],” said a relative of Ko Pyae Sone Win.

The three were arrested in June of last year, and their trial has gone on for more than one year. All witnesses have been heard in their case, but the court has repeatedly postponed the verdict.

At least seven civilians were arrested in Mrauk-U on suspicion of having ties to the AA during last year’s fighting, and they face charges under Section 17(1) of the Unlawful Associations Act and Section 505(a) of Penal Code.

The court hearing of prominent social activist Ko Zaw Win from Kyauktaw, who faces charges under Section 505(a) of the Penal Code, was held via video conferencing on December 19.

“The court in Kyauktaw has been closed since the fighting. The judge has not come to the court. A court hearing was only held once on December 19 via video conferencing. Nothing was heard at the court. It was held just for show,” said a family member of Ko Zaw Win.

The regime arrested Ko Zaw Win, Ko Zaw Moe Htet and U Kyaw Than Maung in June 2022 and charged them under Section 505(a) of the Penal Code, an incitement provision. Ko Zaw Moe Htet and U Kyaw Than Maung were sentenced to two years in prison by the Kyauktaw Township Court in September.

Family members cannot also meet detainees as the regime has imposed travel restrictions following the fighting on November 13.

In Ponnagyun town, five residents including Ko Oo Ba Hlaing were arrested during the fighting in 2022, and are being tried at the Sittwe District Court for alleged violation of Section 505(a) of the Penal Code and disturbing civil servants on duty.

A family member of Ko Oo Ba Hlaing said: “I heard the court is not operating as normal. We can’t visit him due to travel restrictions. The case has been heard, but the verdict is pending.”

The regime arrested some 200 civilians during last year’s fighting. Sixty-one of them were subsequently released in a junta amnesty, while 128 remain detained, according to a DMG tally.