Lawyer calls the charges an absurd fabrication Rakhine state
Most of those arrested by the Tatmadaw (the Military Council) on suspicion of having links to the Arakan Army (AA) were charged under Section 17(1) of Unlawful Associations Act and Section 505 (A) (B) of Sedition.
In an unusual case, U Hla Maung Than, a mill-owner from Kadi village in Kyauktaw Township, was charged with rebellion against the Military under Article 131 of the Penal Code.
U Hla Maung Than, a mere civilian mill owner, was already prosecuted under Article 17(1) by the Military Regime, then why was he charged with the more serious Article of rebellion under 131?
A local social activist lawyer who is monitoring the case explained, “ The main reason is that the military claim U Hla Maung Than had offered to help transport the Military Council troops, if they wanted to join the AA.”
But the lawyer commented that “This allegation that he convinced the soldiers to contact AA is completely absurd. In such a dangerous situation, would he dare to suggest something crazy like this?” the lawyer argued.
U Hla Maung Than was arrested at the Kansauk-based 539th Battalion in Kyauktaw around 5:30pm on October 2nd last year. The battalion commander, Myo Chit Zar Ni, made a phone call and tricked him to come and collect a military debt from the sale of rice. U Hla Maung Than was then arrested along with a companion when they arrived at the battalion.
U Hla Maung Than, was charged not only under rebellion against the military under Article 131 but also under Section 17(1) of Unlawful Associations Act, and is currently on trial in Sittwe.
A mill-worker who is also a relative said the Kansauk-based 539th Battalion had been grinding rice at the mill owned by U Hla Maung Than for a long time. “That battalion has been grinding rice at our mill for the past 5 years. And they usually buy around 40, to 50 bags of rice on credit. They usually pay back the rice debt at the end of the month. In the latest transaction they took 50 bags of rice at a rate of 38000 kyats per bag, on credit.”
The relative continued his account, “U Hla Maung Than went to the battalion to collect the debt, but he was accused of luring the soldiers to join the AA and was detained. He was unjustly arrested. It is possible that they arrested him because they didn’t want to pay for the rice bags”, he said.
People doing business in Rakhine State inevitably come into contact with both the Military Council and the AA. Then someone who deals with AA may end up facing the Military Council’s malicious arrest and prosecution..
When U Hla Maung Than was arrested, his wife went to the battalion and investigated, the Junta military denied that he had been arrested. When some Rakhine media outlets reported on the arrest of U Hla Maung Than, the Military Council again claimed to be “false information.”
U Hla Maung Than suffered internal injuries from the brutal beatings by the military intelligence officers, and urgently needed medical attention, his wife said.
“Right now his health is quite poor. He said his blood pressure was always low. His thighs hurt so much, that he couldn't even walk. He also said that his knees hurt. He added that even when he lay down, he suffered unbearable pain due to injuries from torture. He told me that they gave him one or two pills in prison. If possible, I want him to be treated in a hospital”, she told Narinjara.
She also said that since there is no truth in her husband's case and is riddled with fabrications, the top officials of the Military Council should re-examine it in accordance with the law.
His wife is very worried that her husband will be sentenced to a long prison term for the serious charge of rebellion against the Military under Article 131, in addition to Section 17(1) of the Unlawful Associations Act, if there is no such re-examination.
