Military detains, charges 46 people in Arakan State with various counts since August

By DMG 30 Nov 2022

DMG Newsroom
30 November 2022, Sittwe

At least 46 people were arrested on suspicion of having ties to the Arakan Army (AA) and charged under the Unlawful Associations Act and/or incitement charges under Sections 505(a) and (b) of the Penal Code during four months of heightened military tensions between the military and AA in Arakan State.

Seventeen people — three from Thandwe, four each from Maungdaw and Kyaukphyu, two from Buthidaung and Sittwe, and one each from Kyauktaw and Minbya townships — were charged under Section 17(1) of the Unlawful Associations Act, and 29 others were sued under Section 505(a) of the Penal Code, according to DMG tally.

The administrators of Mee Kyaung Zay and Tatminchaung villages in Buthidaung Township were charged under Section 17(1) of the Unlawful Associations Act, when the pair was arrested at a meeting at the military’s Light Infantry Battalion No. 234.

A family member said that U Kyaw Hla, an administrator of Tatminchaung Village, was unjustly detained by the Myanmar military without any guilt.

“He [U Kyaw Hla] is not guilty and was unjustly arrested by the military. The military has accused him of having connections with the Arakan Army. We are not allowed to meet him yet,” said the family member.

The United League of Arakan/Arakan Army (ULA/AA) were declared terrorist groups and illegal organisations on March 23, 2020, by the Central Committee for Counter Terrorism under the Ministry of Home Affairs. On March 11, 2021, the junta announced that it had rescinded the terrorist group designation for the ULA/AA.

According to Section 17(1) of the Unlawful Associations Act, the accused can be sentenced to imprisonment for a term of not less than two years and not more than three years if the court finds them guilty.

“Actually, they are not the guilty ones. I want them released as soon as possible,” said a family member of Ko Maung Tun Hlaing, a resident of Wapyan Village in Kyauktaw Township. Seven local men, including Ko Maung Tun Hlaing, were arrested at a security checkpoint set up by the military’s Light Infantry Battalion No. 539 near Kansauk Village on November 18.

A total of 29 residents — four each from Kyaukphyu and Sittwe, three from Kyauktaw, 10 from Mrauk-U, six from Ponnagyun and one each from Minbya and Sanae town — have been charged under Section 505(a) of the Penal Code.

Among the accused charged with various counts are civilians, civil servants, ward and village administrators, social activists and healthcare workers.

“In particular, the military prosecutes those suspected of having links with armed groups,” said veteran Arakanese politician U Pe Than.

Arrests “on suspicion” have increased amid renewed fighting in Arakan State, and some have been prosecuted, but many have been missing for months without contact with family members since being arrested.

The military and the AA have recently observed an informal ceasefire via mutual agreement. If the fighting stops, the family members of those arrested are also hoping that those arrested on suspicion will be released.