People in land of Rhododendrons facing unlawful trials

People in land of Rhododendrons facing unlawful trials

The Military Council troops had arrested Mercy Ngun Tha Chin, a singer turned young female activist from Hakha, Chin State.

A statement published by the Military accused her that she incited unrest and disrupted public peace by distributing false news on social media. The Military also claimed texts supporting the PDFs had also been seized from her.

Locals from Hakha considered the arrest of Mercy Ngun as the same tactic to frame the activists by wrong accusations that the Military frequently used in the past.

“There are already many people in the city arrested on such charges. A certain number of young men and women have been detained in Hakha prison. As far as I know, most of those people should not be arrested. There are many people who are arrested without any guilt at all”, a Hakha resident said.

Currently, about 70 people have been jailed in Hakha prison. Young women have also been prosecuted.

From the time of the military coup to the present, there have been about 400-500 people arrested under various charges in Hakha. Most of them were arrested on falsely claimed charges.

Hakha is the city facing the most persecutions and imprisonments in the entire Chin State. People from Hakha faced arrests under various charges including section 505 (A) of defamation of the state and terrorism.

“People are arrested almost every day. Sometimes 10 to 15 people are arrested in just one day. Inspections are used to conduct at intersections. Motorcycles and phones are frequently checked. Some people don't even dare to go out unless there’s an emergency”, Salai Lyan (pseudonym), a Hakha resident said.

Some of those facing trial have not been released even though there was no concrete proof that they had committed the crime they were charged with. They have been detained for long periods of time with multiple court dates.

In addition, people arrested on various charges had hired lawyers to face the case, but they lost their right to defend themselves in accordance with the law in the courts controlled by the Military Council.

At the end of July, 5 months after the arrest of 9 civilians, the Military Council Court in Hakha sentenced them 3 to 5 years in prison respectively. One who was sentenced to 5 years in prison was a 19-year-old Chin woman.

Although they were ordinary citizens, the Military Council arrested and jailed them after the Military claimed photo evidence that indicated them to be related to the Chin Defence Force (CDF) were found.

Hakha residents and the Chin civil societies argued that the 9 individuals were unfairly being charged and sentenced to prison.

CBC's Legal Aid Program

The Chin Baptist Convention, the largest religious organization in Chin State, implemented a legal assistance program for Chin people from the beginning of this year until March 2023.

Currently, priority is being given to northern Chin State, including Hakha and Kale Townships, and the plan is to prioritize southern Chin State for the remaining six months. Not only Chin State, but also Chin areas in Magway and Sagaing Regions are included in the program.

The program is providing legal assistance to around 60 people and Section 505 (A) were the most common cases among them. CBC is aiding the clients by connecting them to the attorney networks and financially supporting them for document fees.

Some of those arrested on suspicion can be released because they can be bailed by the CBC's respective township agent before charges are filed. For example, more than 400 people were arrested in Hakha Township, and about 3 out of 4 were released on bail after being examined, said an official from the CBC Legal Assistance Program.

In the program, paralegals are led by pastors in most townships.

“Pastors explain about the law and tell what should be aware of. They also help family members to communicate with the priests and lawyers”, an official from the program said.

Upon discovery by the plan, most of the Chin people arrested or prosecuted did not know about the charges they faced. The officials from the program had to contact relevant police stations to inquire about charges for certain cases. These situations arose because of the Chin public’s lack of fluency in Burmese, lack of knowledge of the law and the family members were barred from meeting the detainees.

“The nature of the judicial system before and after the coup is completely different. It is important to learn to act accordingly in certain atmospheres”, the official said.

According to CBC's documents, from the time of the coup to the end of June, 598 people were arrested in 9 townships in Chin State. 34 of them are currently being prosecuted in Hakha. There are more than 150 people including more than 40 in Mindat who are facing trial in all of Chin state.

Chin people who are being sued by lawless people

However, according to the Chin Human Rights Organization (CHRO), there were 1,056 arrests in Chin State within 16 months of the military coup. The list includes the numbers of people faced detention for at least 24 hours. Among them, 300 to 400 were prosecuted under various charges, said Salai Mang Hre Lian from CHRO.

In Chin State, the highest rate of arresting locals occurred in Hakha followed by Mindat and Matupi. Many Chin people were also arrested in Kale Township.

Initially, protesters and youth leaders who opposed the military coup were mainly arrested. Then, prominent figures of the CDM movement were detained. After that, arrest warrants were issued for journalists, civil society members and raids were carried out.

After protests were violently cracked down, the revolution with handmade traditional hunting rifles started. Since then, the Military Council no longer discriminated between the resistance fighters and the civilians, conducting unlawful investigations and illegal arrests.

“There is no justice under the military rule of the Military Council, nothing can be guaranteed by the law anymore. No matter about the arrest or the charge, we no longer have access to justice and the truth”, said Salai Mang Hre Lian from CHRO.

In Chin State, those sued have the right to defend themselves are facing difficulties hiring attorneys, and local lawyers are reluctant to defend those charged with political cases.

The arrested person is not allowed to meet the family members or lawyers, so the reason for the arrest is often completely unknown in some cases.

In Chin State, during the arrest and investigation of the Military Council, at least 5 people died in custody, and other 4 people are missing without any information. Currently, in Chin State, there is a person facing trial by section 54/55 of terrorism that could lead to the life imprisonment or the death penalty.

There are about 12500 people arrested and detained in Myanmar from the time of the coup until the 26th of this month, 1491 of them had already got prison sentences, according to The Association for the Assistance of Political Prisoners (AAPP).

Chin singer Mercy Ngun Tha Chin, one of the thousands of unlawfully arrested detainees is now facing trial in Chin State with a few hundred other prisoners.

“In my opinion, the situation is critical right now”, Salai Mang Hre Lian from CHRO said.

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