Over 160 people facing terrorism charges still detained: Arakan CSOs

By DMG 17 Sep 2021

DMG Newsroom
17 September 2021, Sittwe 

The military council has released some of those arrested and charged under the Counter-Terrorism Law in Arakan State, but more than 160 people are still being detained, according to data compiled by local civil society organisations. 

Under the military council, more than 30 people have been released, including six from Kyaukphyu Prison and 10 from Sittwe Prison, and the Mrauk-U District Court has so far dropped charges against 16 people this month. 

The Anti-Terrorism Central Committee announced that the Arakan Army and United League of Arakan (ULA) were designated as terrorist groups and unlawful associations on March 23, 2020, with the approval of the previous Union government. Less than a year later, the Anti-Terrorism Central Committee announced on March 11, 2021, that it had removed the AA from the terrorist group list. 

Since then, the military council has withdrawn some of the cases prosecuted under the Counter-Terrorism Law in Arakan State. 

Seventeen cases of children under the age of 18 who were arrested on suspicion of illicit AA ties were dropped by the military regime in May of this year. 

However, the military council has not dropped any notable cases in Arakan State in which people have been detained in large numbers on suspicion of being affiliated with the AA. 

U Kyaw Lwin, a former Arakan State MP from Kyaukphyu Township, said all those charged under the terrorism law should be released. 

“There is no unrest in Arakan State. It can be said that there is a settlement between the caretaker government and the Arakan Army. In such a situation, I believe that all young people arrested on suspicion of having ties to the AA should be released in order to build mutual trust between the ethnic armed group and the Tatmadaw,” the ex-legislator added. 

U Kyaw Nyunt Maung, a lawyer, said the Sittwe District Court had compiled a list of all those charged under the Counter-Terrorism Law in Arakan State, adding that the cases could be dropped in stages. 

“As far as we know, the relevant prosecuting agencies should coordinate with the authorities to decide which cases should be dropped as a matter of priority. We have learned that cases are prioritised and allowed to be dropped,” the lawyer said. 

Notable cases against people arrested and sued under the Counter-Terrorism Law in Arakan State include the arrest of more than 20 Lekka villagers and five Kyaukseik villagers. 

The Lekka villagers in Mrauk-U Township were arrested in April 2019 and have been facing charges under Section 50(a), Section 50(i), Section 52(a) and Section 54 of the Counter-Terrorism Law for about three years. 

Five Kyaukseik villagers in Ponnagyun Township were arrested in April 2020, were tortured on a Myanmar naval vessel and have since been facing charges under Section 50(j) and Section 52(a) of the Counter-Terrorism Law for more than a year. 

U Mrat Tun, director of the Arakan Human Rights Defenders and Promoters Association, said that the long-term detention of people who were arrested on suspicion was a violation of human rights not only for the accused but also for their families. 

“Some have been imprisoned for up to three years, making it difficult for their families to earn a living. The families of the detainees depend on the camps for internally displaced people (IDPs) for their livelihoods. Long-term detention of suspects is a human rights violation not only for the accused but also for the whole family,” he added. 

More than 200 people were arrested and charged under the Counter-Terrorism Law after being accused of associating with the AA during some two years of fighting in Arakan State, according to data from the Thazin Legal Institute.