Mai Cho Min Htwe, who was attending eighth standard in No. 1 Basic Education High School in Namhsan, was convicted under Section 17/1 of the Unlawful Association Act on October 30. He is 14-years-old.

“His case was submitted yesterday [October 30],” said Mai Myo Aung, a member of Ta’ang Legal Aid. “After it was submitted, the court immediately gave the verdict yesterday.”

Mai Cho Min Htwe, who hails from Htam Ma Hseng village, was arrested by soldiers from the 105th Infantry Battalion near Padamyar pagoda on the outskirts of Namhsan town at 5pm on October 5.

“This child was coming back to Namhsan from his village. [The Tatmadaw] arrested him on suspicion,” said Mai Myo Aung.

The complaint was filed by Major Myint Maung Maung Soe from the 77th Light Infantry Division. The very same day the case was filed, the judge sentenced Mai Cho Min Htwe, also known as Aike Yan, to two years in prison without questioning witnesses from either side, according to Mai Myo Aung.

“The judge didn’t examine the witnesses. He asked the child whether he had relations with this unlawful association. He [the defendant] is a kid so he just said yes,” Mai Myo Aung said. “There weren’t any cross-examinations on what kind of relations he has with the association. Then, he [the judge] sentenced him.”

U Aung Htoo, a human rights lawyer and founder of the Legal Aid Network, criticized the hasty proceedings, which were closed from the public. He said the handling of the complaint violated Myanmar’s judicial regulations.

Mai Cho Min Htwe’s family members were prevented from seeing him after his arrest, and he was not given the opportunity to apply for bail, according to Ta’ang Legal Aid representatives. His mother was eventually permitted to attend the trial.

“[Mai Cho Min Htwe] is only 14, but his entire life will be affected by the violation of his rights to a fair trial,” said U Aung Htoo. “He was accused of committing a serious crime, and now he is branded as a criminal after being unlawfully arrested. The judiciary pushed him into a life where he will always be afraid and worried [for his safety],” he added. 

According to officials from Ta’ang Legal Aid, Mai Cho Min Htwe is planning to file an appeal.

U Thein Zaw, executive committee member of the township’s Palaung Self-Administrative Zone said that the committee is ready to assist the teenager’s family in supporting his appeal process.

“I don’t want such unfair rulings to be made. I don’t want children to be arrested and unlawfully accused like this,” U Thein Zaw said. “Many people accused [him of being associated with] the TNLA. Many youth are [now] afraid to come into the town. I don’t want it to be like that. I hope this child will have the right to defend himself,” he added.