“ Political cases decided by military instructions to thejudges”

Narinjara News, January 26, 2023

Myanmar’slegal system under the Military Council is broken ,and political cases are decidedby instructionsfrom military authorities, according to a lawyer.

 In Rakhine State, all thosearrested on suspicion of being related to the Arakan Army (AA)were decidedby the military, and there are many pending cases that cannotproceed without authorization from the military.

 In those cases filed by themilitary, the plaintiffs representing the junta often don’t turn up for courthearings, and so the accused and their families may wait for months without anyhearing of the case.

 Among them is the case of 2villagers from Kyaukpyu Township who were charged with Section 17(1) of theUnlawful Association Act. These two defendants are: U Thein Tan (47) andU Tin Aung (50) from Min Tat Taung Village, Kyaukpyu Township.

 They appeared in the KyaukphyuTownship Court at around 11:30 am on January 24, but as the plaintiff from theMilitary Council repeatedly failed to show up, the trial had to be postponed 7 times, familymembers said.

 It is said that the two of themwill haveanother trial on January 31.

“ The plaintiff has not come to court since the trial started.Now it has been exactly 7 times. Every time my husband appeared incourt, the plaintiff did not come, so we suffered a lot because thecase was not heard,” said the wife of one of thedefendants.

She said that she wanted theplaintiff to be summoned for a speedy trial. However, the judge has no influence onthe military’s plaintiffs.

A legal employee, who did notwant to be named, criticized the fact that the Military Council’splaintiffshave repeatedly failed to appear in court.

The court was being blocked fromhearing thepleas and the grievances of the defendants, who had to remain in prison.

“ The court issued a summons through the police to inform theplaintiff on the date of the trial that he must be examinedas a witness. The plaintiff also received it, and knew about it. If the summons has beenconfirmed three times and he did not come, the judge has the legal right to issuean arrest warrant to bring the person to the court. That’sfor the judge to do. Now the judge is not doing it.”

Among those currently arrested aregovernment employees, social activists, and ordinary civilians. Some of them havebeen charged under Section 17(1), Section 505(a)(b), etc. It is said that in manycases, the trial is often postponed because the plaintiffsfrom the military do not come.

The families of those arrestedtold Narinjara that they have no contact with their families anddo not know where they are being held.

From August to November, when theresurgence of fighting between the Military Council and the Arakan Army (AA) inRakhine intensified, civilians were arrested daily in Rakhinestate.