With detainees’ statuses unknown, families say recourse is more theory than reality

By Hnin Nwe 09 Dec 2020

Hnin Nwe | DMG
9 December 2020, Sittwe  

Despite a military spokesman’s insistence last month that families of people arrested in connection with the Arakan State conflict can learn more about their detentions through local police departments, some of those family members say in practice, this isn’t producing satisfactory outcomes. 

One prominent case that remains unresolved involves 18 residents of Tinma village, Kyauktaw Township, who were reportedly detained by military personnel in March and have not been heard from since.  

“We have lodged complaints with Kyauktaw and Mrauk-U police stations with the help of our village administrator. We have been waiting for something to be reported to us since the case was filed,” said Ma Mra Win Kyi, the elder sister of Ko Maung Kyi Lin, who was among the 18 Tinma villagers detained by the Tatmadaw nearly nine months ago. “The police did not ask us anything, and when we went to ask, they said they would tell us if there was anything special.” 

Most often, the families’ assumption is that their loved ones have been detained on suspicion of having links to the Arakan Army — an allegation that family members just as frequently deny.  

In such cases, families can open cases seeking the release of civilian relatives detained “on suspicion” at the relevant police stations, Maj-Gen Zaw Min Tun of the Tatmadaw True News Information Team has claimed.      

“Concerning detentions, we do investigations and we do ask questions and we do detentions, as I have repeatedly mentioned. However, we follow court procedures. If there is [exculpatory] evidence, then report it to the respective departments. This side [the military] can then say yes or no officially,” Maj-Gen Zaw Min Tun said at a press conference on November 27.   

The families of the 18 Tinma villagers say they continue to worry about their missing loved ones’ safety in the absence of concrete information about their situation. They have demanded the detainees’ release as soon as possible, and they are not alone.  

Ko Than Shwe, 36, of Pharpyo village in Minbya Township and his younger brother Ko Maung Win Shwe were arrested by security personnel stationed near Rar Maung Bridge on March 1 while the two men were headed to a local bazaar to buy household items, according to family members. 

Their father subsequently went to the Minbya Myoma police station to report the arrests, but when that yielded nothing, he complained to the Arakan Human Rights Defenders and Promoters Association in June. 

“We are worried about their safety because we don’t know exactly as to whether the arrestees are dead or not,” said Ma Khin Soe Win, the wife of Ko Maung Win Shwe. “It has been [more than] nine months without information about them. If they are dead, the military should declare the news transparently. Now the families of the detainees are very upset.”  

In another case involving the arrest of two brothers, Ko Maung Win Htay and Ko Maung Htay Win, both in their late 20s, were reportedly detained by troops on October 8, 2019, and have not been heard from since, nor has any information been provided about their situations. The brothers from Myebon Township’s Yaw Chaung (Ywar Tharyar) village earned their living by farming and were detained while they were searching for cattle, their mother Daw Saw Tin told DMG.     

Family members reported the arrest of the brothers to the Yaw Chaung police station over a year ago, but that has brought no clarity, according to their mother. 

“I have already lodged a complaint with the police,” she said. “A resident of Myebon Township who served time in Sittwe Prison has said the duo is being detained at Sittwe Prison. When I went to Sittwe Prison in July to inquire about my sons, prison officials said the missing brothers weren’t there. They can be imprisoned for their crimes, but I want them to be allowed to see their families.” 

Although family members may have reported the situation to law enforcement, it is not unusual for police officers to be weak in the execution of their duties, according to U Myo Myat Hein, director of the Thazin Legal Institute. 

“If a citizen is arrested by an organisation, he or she can report the disappearance to the police. If the police station does not file a case for various reasons, the police will not be dutiful. If the police are informed of the complaint, they must first investigate the missing person,” he said.  

Several people in Arakan State have died in military custody since hostilities between the Tatmadaw and the Arakan Army began in late 2018, and some remain missing with little to no information known concerning their whereabouts or status. 

At least 30 people are still missing after being arrested by the Tatmadaw, according to family members.