Junta’s imprisonment of two Sittwe men under controversial law draws criticism

01 Jul 2022

DMG Newsroom
1 July 2022, Sittwe

Two residents from the Arakan State capital Sittwe who were detained by Myanmar’s military regime for “being unable to give a satisfactory explanation about why they were loitering at night” were sentenced to one month in prison last week.

U Maung Aye, 53, and U Hla Thein Aung, 46, both the residents of Danyawaddy ward, were detained by junta soldiers on June 24 as the regime searched wards and detained residents after the Arakan Army (AA) abducted two junta soldiers in the state capital the previous day.

Ko Naychi Oo, son of U Maung Aye, told DMG: “He was going to a friend’s house that day to sleep there because of [junta] searches in wards. He was detained on the way. He is currently being held in Sittwe Prison.”

Town residents have criticised the imprisonment of the pair, who were sentenced on Thursday, as being blatantly unfair.

The offence, which can be literally translated as “hiding in the dark,” is part of an article in the colonial-era Myanmar Police Act, which authorises police to arrest, without a warrant, anyone who can’t satisfactorily explain why they are at a particular place at night. It is not a bailable offence.

The provision has long been criticised as being outdated and undemocratic.

Former political prisoner and Sittwe resident U Aung Than Wai said the regime has exploited the law to instil fear in people.

“In that case, police must make a background check of detainees. They must find out if the detainee has a permanent house and if he has a criminal record,” said U Aung Than Wai. “And the judge must also have rationality and learn the personal information of defendants before making a ruling. The imprisonment of the two is a wrongful decision.”

Human rights activists have also called the prosecution and imprisonment of civilians without evidence an act of rights violation.

U Myat Tun, director of the Arakan Human Rights Defenders and Promoters Association, said: “Detaining and jailing innocent civilians breaches Article 9 of Universal Declaration of Human Rights. [The regime] also bars travel. All those acts constitute violations of human rights.”

No one shall be subjected to arbitrary arrest, detention or exile, states Article 9 of Universal Declaration of Human Rights.

The Myanmar Police Act violation is punishable by one to six months in prison, or a fine of K30,000 to K100,000.