Despite the Military Council having already withdrawn the designation of the Arakan Army (AA) as a terrorist organization, two administration officials from Buthidaung Township in Rakhine State, who were detained for almost a year due to alleged links with AA, now face charges on two counts.
The two individuals currently facing prosecution by the Military Council are U Hamate Tusaung (60), the administrator of Mikyaungzay Muslim village, and U Oo Kyaw Hla (66), an administrator of Tatminchaung village who belongs to the Daingnet (aka Chakma) ethnic group.
According to information provided by family members to Narinjara, on July 14th, the two individuals were charged under sections 17(1) and 17(2) of the Unlawful Association Act.
"Initially, we heard that they would face charges under Section 17(1). However, they were actually charged with two counts: 17(1) and 17(2). While Section 17(1) can be considered somewhat lenient, Section 17(2) is significantly more severe. When I inquired about the additional charge with the court officers, they simply stated that they had followed the instructions provided and filed the charges accordingly”, said Ko Kyaw Win, U Oo Kyaw Hla’s son.
If found guilty under Section 17(1), the possible penalty includes imprisonment ranging from 2 to 3 years, along with a potential additional fine. On the other hand, Article 17(2) carries a more severe punishment, with imprisonment ranging from 3 to 5 years, along with a fine.
In relation to their case, several witnesses are scheduled to testify in court on July 25th.
The two accused individuals have been in detention since September 3rd of last year when they, along with 10 other village-level administrators, visited the Military Council 234th Battalion Tactical Operation Command in Buthidaung Township. Upon summoning the 12 village administrators, the commander of the battalion released the other 10 individuals, while U Hamate Tusaung and U Oo Kyaw Hla were held in custody.
Following their arrest, the two individuals were subjected to questioning in an interrogation chamber for a period exceeding 20 days. Subsequently, on September 29th, they were transferred to the custody of the Buthidaung Border Guard Force (BGF) 13th Battalion, and from there, they were taken into police custody, according to their family members.
Then, a military officer stationed in Buthidaung assumed the role of the plaintiff and filed charges against them under the Unlawful Association Act. The officer accused the two individuals of collecting funds for AA.
The two individuals are presently detained in Buthidaung prison as they await their trial. Unfortunately, their health has significantly deteriorated due to severe torture inflicted during interrogations by the Military Council. Despite their fragile condition, requests made by their family members to provide them with necessary medical treatment have been denied.
Despite the Military Council revoking AA's designation as a terrorist organization and reaching an informal ceasefire agreement, local Rakhine individuals who are accused of having contact with AA continue to face prosecution and imprisonment under the Unlawful Association Act and Terrorism Act.
In a separate incident, on July 11th, the Toungup Township Court sentenced Ko Than Naing, a resident of Sarpyin village, along with Ko Kyaw Tin Aung, Ko Nay Ye Win, Ko Htwe Maung, and Ko Htwe Maung, who are residents of Chatpauk village, as well as brothers Ko Than Zaw Htay and Ko Than Zaw Zaw from Ma-ei Township, to four years of imprisonment each. The verdict was based on their alleged association with AA and was issued under Section 52(A) of the Anti-Terrorism Act.
Likewise, Ko Win Maung Maung Phyo (34), a Senior Clerk in Thandwe District General Administrative Office, was arrested on suspicion of providing financial support and acting as an informant to AA. He faced two charges and was sentenced to two years in prison on July 7th by the Thandwe Township Court, specifically for Section 505(A) of sedition, which was one of the charges brought against him.
