Two Burmese pastors jailed for over three months without trial

Two pastors who were accused of aiding armed ethnic groups in Burma have been held in detention for over three months without trial.

Pastors Dom Dawng Nawng Latt, 65, and La Jaw Gam Hseng, 35, were arrested by the Burmese army on Dec. 24 after they helped journalists in covering the military conflict in northern Shan state, eastern Burma, according to Morning Star News. Their attorney, U Brang Di, said that suspects are normally held for only 28 days without trial under Burmese law.

The two pastors were charged with unlawful association with an armed ethnic group, which the Kachin Baptist Convention (KBC) church leaders deny.

They could face as much as three years in prison under Article 17/1 of Burma's Unlawful Association Act for making contributions to or assisting an "unlawful association." The pastors could also be jailed for five years under Article 17/2 for assisting in the management or promotion of such associations.

The Unlawful Association Act was often invoked to arrest suspected rebel sympathizers during the decades of rule in Burma by the military junta, but it is still being used to stop Kachin state residents from contacting members of the Kachin Independence Army (KIA). Local and international rights groups have urged the government to amend or rescind the law so that NGOs are targeted under the act.

The pastors were detained after they attempted to negotiate the release of a civilian couple who complained to army officials about the destruction of their house. The military officials released the couple but detained the clergymen, saying the arrest was related to their efforts to help journalists cover the bombing of the St. Francis Xavier Catholic Church building on Nov. 23–24.

Brang Di said that frequent absences of the prosecutor, as well as the army's effort to transfer the accused to a court in Lashio in northeastern Shan state, slowed down the progress of the case. He said that the prosecutor cited the ongoing fighting between rebel and government forces in Shan state as the reason for not being able to show up at the court hearings.

"The pastors can't be detained for such a long time without trial, according to the law," said Brang Di. He clarified that he is merely stating the law and that he is not complaining, as it is common for cases involving the army to be delayed. "I will try my best to make them free in accordance with the law," he added.

The military initially denied detaining the pastors, but the Defense Ministry later admitted that the men had been secretly detained for security reasons.

The KBC, which has provided aid to the displaced people who fled the fighting between the military and armed ethnic groups in both Kachin and Shan states, said that it wants the trial completed as soon as possible.

"There is no development. It seems they make the process long. We want the trial to begin soon," said Zau Rau of the KBC In Muse Town, where the two pastors are being held.