Defendants suffer as verdict delays continue to plague Arakan State courts

By Admin 15 Jun 2023

DMG Newsroom
15 June 2023, Sittwe

Many Arakan State residents who face political charges continue to suffer as courts repeatedly postpone verdicts, according to family members of the defendants and their lawyers.

The Kyauktaw Township Court has seven times put off the verdict in the case against three people including the activist Ko Zaw Win, also known as Ludu Zaw Win, said family members. The three were charged with incitement.

“It is not fair for us as the trial is taking a very long time. My house was completely damaged by the storm [Cyclone Mocha]. I face a lot of difficulties without my husband. I alone can’t support my children for their schooling. I don’t know why the court has not yet handed down the verdict,” said Daw Khin Hla Zan, the wife of Ko Zaw Win.

Ko Zaw Win from Pyitawthar Ward, Ko Zaw Moe Htet from Panpe village and Ko Kyaw Than Maung from Kaungtoke village in Kyauktaw Township were charged with incitement on June 30 of last year. Their verdict was most recently due on June 13, but the court postponed until June 27.

Repeated deferral of verdicts is causing defendants both physical and mental distress, human rights advocates note, while also putting a financial burden on them and their families.

In another case, U Thein Zaw from Ngat Ye Kauk Village in Minbya Township was charged under Section 17(1) of the Unlawful Associations Act. All of the witnesses have been heard, but the Sittwe Township Court has postponed the verdict 20 times so far.

“It has been one year and a half since the case was heard. The court should jail him if he is guilty. But it has not yet made the verdict,” said Ko Lin Lin, the younger brother of U Thein Zaw.

A captain from the supply and logistics unit of Myanmar military based in Sittwe filed a lawsuit against U Thein Zaw with the Sittwe Township Court on March 2, 2022, for allegedly supporting the Arakan Army (AA).

In other cases, the plaintiffs — oftentimes military personnel — have failed to show up. The trial has been postponed seven times in the case against second-year university student Ko Maung Hsan Htay from Khamaung Seik Village in Maungdaw Township, and motorbike taxi driver Ko Khin Zaw from Mingalar Nyunt Township, as the plaintiff has failed to appear. The two were charged under Section 17(1) of the Unlawful Associations Act.

“It is negatively affecting all of us. My brother should be studying now. It is so distressing to live every day hoping that he will be released. So, what I want to tell the court is jail him if he is guilty, and release him if he is not,” said Ma Nu Than Tun, the elder sister of Ko Khin Zaw.

The Myanmar military filed a lawsuit against the two on November 15, 2022, over their alleged ties to the AA. The court has scheduled the next court hearing on June 22.

According to a DMG tally, around 50 people were arrested and charged under the Unlawful Associations Act or with incitement during the latest fighting between the Myanmar military and the AA in Arakan State.