Dozens of civilian detainees from previous Arakan fighting remain behind bars

By Admin 26 Jun 2023

DMG Newsroom
26 June 2023, Sittwe

More than 200 local residents in Arakan State were charged with terrorism amid the fighting with Myanmar’s military, and while 172 have so far been released, at least 28 are still behind bars or on trial, according to a DMG tally.

A total of 78 people were released under junta amnesties in 2021, and 46 others were released in 2022. The regime also dropped cases against 26 minors. Twenty-two more people — 10 from Sittwe Prison and 12 from Kyaukphyu Prison — have been released since January.

“We didn’t have any ties with any organisation. We were unfairly arrested and jailed. Three years’ imprisonment was a huge blow to me and my family,” said Ko Tun Shwe from Alel Chaung Village in Ramree Township.

Six residents of Alel Chaung Village including Ko Tun Shwe were released from Kyaukphyu Prison on April 28 after completing their prison sentences. They were arrested in July 2022 for allegedly having ties to the Arakan Army (AA), and sentenced to three years in prison under the Counterterrorism Law.

Many of those who were charged under the Counterterrorism Law were prosecuted during the fighting between the Myanmar military and the AA from late 2018 to November 2020. At that time, the AA was labelled a terrorist organisation. Following its coup in February 2021, Myanmar’s military regime removed the AA from the list of terrorist organisations in March that year.

The regime has subsequently granted amnesty and dropped cases against detainees who were prosecuted under the Counterterrorism Law, but others have completed their sentences.

Twenty-two are still serving their time in prison, and six others from Taungup Township and Maei town are facing trial. All the witnesses have been heard in their cases, but Taungup District Court has postponed the verdict for more than five months, saying “it is not yet ready to hand down a verdict.”

“It has inflicted psychological impacts on the detainees. Families can’t attend trials because of financial constraints,” said Ma Than Than Hsint, the younger sister of Ko Than Naing, who was arrested by the Myanmar military in April 2020. Five others were arrested in June of that year.

A captain from a military unit based in Ayeyarwady Region’s Myanaung Township filed a complaint against the six. The Taungup District Court has set the trial’s next hearing for June 27.

It is a grave violation of human rights to keep those charged under the Counterterrorism Law in custody despite the fact the AA has been removed from the list of terrorist organiations, said director U Myat Tun of the Arakan State Human Rights Defenders and Promoters Association.

“They must be released,” he said.

It has been seven months since the latest ceasefire, but the regime has yet to release all those detained on suspicion of having ties to the AA, which amounts to a blatant violation of the ceasefire agreement, said veteran Arakanese politician U Pe Than. 

“When the two sides entered a ceasefire, they agreed to trade prisoners. But the regime has not yet released them. It constitutes a breach,” said U Pe Than.

The two sides entered a ceasefire on November 26, 2022, on humanitarian grounds after months of renewed fighting.

According to a DMG tally, around 50 people were charged under the Unlawful Association Act and incitement law during the latest fighting in Arakan. All the witnesses have been heard in some of the cases, but courts have deliberately postponed verdicts. In some cases, plaintiffs and prosecution witnesses have failed to show up at court hearings, delaying the trial process.