Hearings for arrested, accused of alleged ties to AA postponed several times

By Admin 07 Apr 2023

DMG Newsroom
7 April 2023, Sittwe

Family members and human rights activists say the repeated postponements of hearings for those arrested on suspicion of being linked to the Arakan Army (AA) without any verdicts are causing distress to the accused.

All prosecution witnesses in a case against Ko Thein Zaw, a 32-year-old man from Hnget Ye Kauk in Minbya Township, who was charged under Section 17(1) of the Unlawful Associations Act for alleged ties to the Arakan Army (AA), have already been questioned.

The hearing for Ko Thein Zaw has been postponed for about eight months, said Daw Khaing Than Yi, mother of the accused.

“The judge has repeatedly postponed the trial in the months since, and did not deliver a final verdict,” she added.

A verdict for the accused, including social activist Ko Zaw Win aka Ludu Zaw Win, who was arrested on June 20, 2022, and charged with incitement, was scheduled for March 28. But the court instead scheduled another hearing for April 5 under the pretext that the final verdict had not yet been written and the hearing has been postponed twice.

“The judge’s postponement of hearings without any verdicts is causing emotional distress to the accused and also causing various problems to the family members. In terms of human rights, the family members, including the accused, suffer a lot,” said Daw Khin Hla Zan, the wife of Ko Zaw Win.

Family members and the accused suffer financial hardship as well as emotional and physical harm due to the judge’s decision to postpone the hearing.

“Those who were accused were also depressed. I just want to say that the regime is causing harm to the people,” said Daw Nyo Aye, chairwoman of the Rakhine Women’s Network.

According to the court procedure law, a final order must be made as soon as possible after the hearing of the final application regarding the accused persons.

“According to the law, after the final application is given, the law instructs the judges to make an order as soon as possible. Although there is no set time for the judge to make an order as soon as possible, it must be done as soon as possible. After that, if the accused is not guilty, he or she will be released and if he or she is guilty, he or she will be convicted,” said an unnamed lawyer.

U Myat Tun, director of Arakan Human Rights Defenders and Promoters, said that under the regime, human rights are being violated more and more and people are losing the rights they deserve.

“During the regime, it can be said that it [human rights abuses] was the most. The regime is using the law as it wants,” he added.

According to a DMG tally, the regime detained around 50 people in the latest period of fighting, charging many of them under the Unlawful Associations Act, or with incitement under Section 505 of the Penal Code. There are at least 20 people whose hearings have been postponed without any verdicts.