Families of defendants decry trial and verdict postponements in AA-related cases

13 Jan 2023

DMG Newsroom
13 January 2023, Sittwe

Family members say they are disappointed about repeated deferrals in the trials of relatives who were detained and charged for their alleged ties to the Arakan Army (AA).

Time and time again, courts have postponed these trials, often citing the absence of plaintiffs and prosecution witnesses, according to family members of the affected defendants.

Dr. Kyaw Thura Tun from Taungup Township, arrested on September 7 and charged under the Unlawful Associations Act by the military regime, has seen the court defer his trial four times so far because a prosecution witness failed to appear, his wife told DMG. The latest saw proceedings scheduled for January 12 pushed back to January 18, after the final prosecution witness did not show up.

“The trial has been repeatedly postponed because the remaining witness did not come. The longer the trial, the more we suffer. We want a speedy trial,” said Daw Moe Moe Wah.

The regime filed a fresh charge against Dr. Kyaw Thura Tun under Section 8 of the Export and Import Law at the court hearing on Thursday.

The trials of university student Maung Hsan Htay from Maungdaw Township’s Khamaung Seik Village and motorbike taxi driver Ko Khin Zaw from Mingalar Nyunt Village have been deferred six times due to the absence of the complainant. The two have been charged under Section 17(1) of the Unlawful Associations Act, after they were detained at a security checkpoint in Maungdaw on November 1.

Their hearing at the Maungdaw Township Court on January 12 was postponed until January 19.  said Ma Nu Than Yin, the sister of Ko Khin Zaw.

“It is not easy to come to the trial. Travel costs are high, and the family members are upset that the trial has been postponed again and again,” she said.

And in a related but distinct set of AA-related trials, courts have finished hearing the cases but have postponed handing down rulings. U Thein Zaw from Minbya Township was arrested on January 21 of last year and was subsequently charged under Section 17(1) of the Unlawful Associations Act, but a verdict in his case has been postponed about 20 times, according to family members.

“They have postponed the ruling again and again, saying upper-level authorities are still discussing the punishment,” said Ko Lin Lin, the younger brother of Ko Thein Zaw. “He was supporting his parents. He also has a family to support. His wife has been struggling with the children.”

U Myat Tun of the Arakan Human Rights Defenders and Promoters Association said: “The accused have suffered a lot, waiting for trials with deep anxiety. Their family members also feel depressed. Such things should not happen.”