A court is set to decide on January 12 whether to prosecute five men from the Kyaukseik village area in Arakan State’s Ponnagyun Township who were arrested on suspicion of links to the Arakan Army (AA) in April 2020, and were subsequently arraigned under the Counter-Terrorism Law.
They have been sued under Section 50(j) and Section 52(a) of the Counter-Terrorism Law at the Sittwe District Court. Lawyers for both sides gave final statements on whether to charge them or not on January 5, according to U Kyaw Nyunt Maung, a lawyer involved in the case.
“At yesterday’s court hearing, the judge heard a motion to decide whether to file charges against the villagers or not. We pleaded not guilty. I didn’t know how the policeman [the plaintiff] appealed to the court. I think the villagers will be prosecuted as the plaintiff gives a statement,” the lawyer told DMG.
Daw Ni Ni, the mother of Kyaukseik defendant Ko Nyi Nyi Aung, could not be at Wednesday’s court hearing due to financial difficulties. She said she could not attend because her son was ill and because she had to spend more than K100,000 to attend the previous hearing.
“The next court hearing has been rescheduled for January 12. If the Kyaukseik villagers are prosecuted according to the law, they will continue to go to court. They would be released immediately if they are not [formally charged]. I believe they are not guilty and think they will be released,” she added.
The five accused are Ko Nyi Nyi Aung, Ko Aung Myo Lin, and Ko Maung Chay, all 24 years old and from Kyaukseik village; Ko Min Soe, 38, from downtown Ponnagyun; and Ko Kyaw Win Hein, 22, from Zeepingyi village in neighbouring Mrauk-U Township. They are currently being held in Sittwe Prison and have been facing trial for almost two years.
A total of 38 people from Kyaukseik village and its vicinity were detained by the Tatmadaw on April 19, 2020. Thirty-three were subsequently released but the other five remained in custody.
A video of the five being interrogated by soldiers on board a boat during their detention was shared widely on social media in May 2020. That same month, the military announced that it would take legal action against those among its ranks who had tortured the five detainees in the video.
But the rare admission of misconduct by its personnel did not stop the military from moving forward with prosecuting the victims of the abuse. Captain Tint Naing Tun from Ponnagyun-based Light Infantry Battalion No. 550 filed a lawsuit against the five villagers under Sections 50(j) and 52(a) of the Counter-Terrorism Law on April 23. The charges carry a maximum sentence of life in prison.
The military junta that seized power on February 1, 2021, has withdrawn some terrorism cases since it de-listed the Arakan Army as a terrorist organisation on March 11 of last year. But notable cases, such as that of the Kyaukseik villagers in Ponnagyun Township, have not yet been dropped by the Myanmar military.
