July 7th, 2022
Five residents of Kyaukseik village in Ponnagyun Township who were beaten and kicked by Tatmadaw soldiers in a boat have been sentenced to three years in prison with hard labor under Section 52 (a) of the Anti-Terrorism Law by the Sittwe District Court on the afternoon of July 6th.
The villagers were arrested on suspicion of having links to the Arakan Army (AA) and charged under Section 50 (j) and 52 (a) of the Anti-Terrorism Law by Captain Tint Naing Tun of the 550th Battalion based in Ponnagyun Township, Rakhine State. However, the court ruled that there was no violation of Section 50 (a) and sentenced them to imprisonment under Section 52 (a).
“They were sentenced to three years in prison. This means that those who have links with a terrorist organization were protected. Therefore, under Section 52 (a), they were sentenced to three years in prison with hard labor. They had to remain in detention for two years and two and a half months. This will be deducted from the total prison sentence and they will spend the rest of the time in prison,” said U Kyaw Nyunt Maung, a lawyer representing the case, told DMG.
The convicts were identified as Ko Nyi Nyi Aung (24), Ko Aung Myo Lin (24), Ko Maung Chay (24), Ko Min Soe (38), and Ko Kyaw Win Hein (22). They were arrested by the Tatmadaw in Kyaukseik village on April 19th, 2002.
When they were arrested, their hands were tied behind their backs and they were beaten by the junta soldiers on the boat. Initially, the Burmese military denied the allegations, but later acknowledged that it would prosecute the perpetrators under the martial law.
However, it is not yet known whether the soldiers were prosecuted or not.
The fact that the villagers were tortured in detention and then sentenced to prison is unjust, said Wai Hun Aung, a writer and former political prisoner.
“I do not think the sentence is fair. I feel sad for them. They had spent more than two years in detention. They are just civilians and they were tortured. Then the court sentenced them to prison. I’m very sad for them. Obviously, there is no justice, “he said.
Family members of the men said they still believe in their innocence and cannot understand the verdict.
“My sons did nothing wrong. I don’t understand why they made this decision. We had no chance to go near them or listen to what they had to say. I could only meet them when they appeared in court, hugged them and enquired about their health. That was all. We could not talk for long,” said U Kyaw Gyi, a family member of Ko Min Soe.
“The court said he would be sentenced to three years in prison. He did not do anything wrong. My son was supporting his parents and taking care of them. I would be happy if he was released. How can I say this? It is too hard to bear. But three years is only a short time, and he will be released. My son is not guilty. The court did not say why it passed the sentence,” said Daw Ma Khin Nu, Ko Maung Chay’s mother.
The Arakan Army (AA) was declared a terrorist organization by the government on March 23rd, 2020. After the military coup in 2021, it was removed from the list of terrorist groups on March 11th.
After that, the State Administration Council (SAC) released some those arrested in connection with the AA and charged under the Anti-Terrorism Law.
However, the widely publicized case of the Kyaukseik villagers was not dropped and they were eventually sentenced to prison terms with hard labor.
Sent by Aung Htein (DMG)