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Scoop
24-05-2025
- Politics
- Scoop
Thailand: Lawyers Council Launches Probe Into Fatal Torture Of Myanmar National
(BANGKOK, May 23, 2025)—The Lawyers Council of Thailand under the Royal Patronage formally established a working group of lawyers to investigate the torture and killing of Aung Ko Ko, a 37-year-old Myanmar national, Fortify Rights said today. The move follows a public complaint submitted by Fortify Rights detailing evidence of torture by Thai soldiers near the Thailand-Myanmar border. 'There is reason to be concerned about a high-level cover-up in this case, and the Lawyers Council may be the only hope for justice,' said Matthew Smith, Chief Executive Officer at Fortify Rights. 'This is a critical test of the rule of law in Thailand—whether it applies equally to all, regardless of rank, uniform, or nationality, when serious crimes are committed.' On February 13, 2025, Fortify Rights filed a detailed complaint with the President of the Lawyers Council of Thailand, Wichien Chubthaisong, providing evidence that Thai soldiers fatally tortured Aung Ko Ko in Mae Sot District, Tak Province. At a public hearing at the Lawyers Council, attended by the media and members of the diplomatic community, Fortify Rights also raised concerns over the conviction of Sirachuch, a 24-year-old Myanmar national and eyewitness to the torture. He goes by one name and remains imprisoned in Thailand for the death of Aung Ko Ko. On November 7, 2024, Fortify Rights Chief Executive Officer Matthew Smith provided in-person testimony about the fatal torture of Aung Ko Ko to Thailand's Department of Special Investigations (DSI) in Bangkok and filed a complaint based on evidence collected by Fortify Rights. DSI is a law enforcement agency under the Ministry of Justice that handles complex and high-profile crimes, including corruption and alleged human rights violations by state security forces. At that meeting, Fortify Rights provided DSI with the evidence it had gathered on the death of Aung Ko Ko, including a forthcoming report in the Thai language. Regrettably, on February 18, 2025, DSI informed Fortify Rights in a letter that it would cease any investigation into the torture and death of Aung Ko Ko. DSI did not provide a detailed explanation of why it elected to effectively ignore this case. On May 8, 2025, Fortify Rights sent a follow-up letter to DSI seeking clarification and reconsideration of its decision not to investigate the fatal torture of Aung Ko Ko. Last month, on April 8, the U.N. publicly released a joint communication from three U.N. Special Rapporteurs to the Thai government expressing grave concern over Aung Ko Ko's torture and death. The Special Rapporteurs — on Myanmar, extrajudicial executions, and torture — called on the Thai government to conduct an independent, impartial, and thorough investigation and emphasized the urgency of protecting Myanmar nationals at risk of violence by Thai security forces. In their communication, the three U.N. Special Rapporteurs wrote that they 'are extremely concerned about the alleged arbitrary deprivation of liberty, torture and killing of Aung Ko Ko by Royal Thai Army soldiers.' They added: We are also concerned that the investigation into Aung Ko Ko's torture and death does not appear to be thorough, effective or in line with international standards, and are concerned about possible violations of fair trial rights, leading to the ongoing lack of accountability for Royal Thai Army soldiers involved in his death. On May 20, 2025, Fortify Rights received confirmation from the U.N. Special Rapporteurs that they had received a response from the Permanent Mission of Thailand in Geneva acknowledging receipt of the joint communication and confirming that it had been forwarded to relevant agencies in Thailand for their consideration in March 2025. However, at the time of writing, there has been no further update or response indicating any action or progress from the Thai government. Death at the Thai-Myanmar Border, a 44-page report released by Fortify Rights on November 14, 2024, includes multiple eyewitness testimonies explaining how, on January 12, 2024, four Thai soldiers detained Aung Ko Ko near a small wooden bridge located in the 70 Rai area. Eyewitnesses described how three of these soldiers severely beat Aung Ko Ko with a long wooden implement, causing injuries that killed him on the same day. Photographs and testimony collected by Fortify Rights show dark bruises on his entire back, forehead, around both cheekbones, and on his nose. Despite clear indications of torture and military involvement—also noted in police charge sheets and court testimonies documented by Fortify Rights—no Thai soldiers have been held accountable. On May 21, 2025, Fortify Rights received confirmation from the Lawyers Council that its Human Rights Committee had officially appointed a working group of five lawyers on May 7 to investigate the case, gather evidence, and explore legal avenues for justice. The Lawyers Council did not mention providing legal assistance to Sirachuch, whose case is under appeal. The right to be free from torture is non-derogable under international law, meaning that it cannot be suspended or limited under any circumstances. Thailand's domestic law—including the Thai Constitution, the Prevention and Suppression of Torture and Enforced Disappearance Act, the Criminal Code, and the Criminal Procedure Code—also guarantees the right to life and protection from extrajudicial killings as well as protection from torture and arbitrary arrest. 'As a sitting member of the U.N. Human Rights Council, Thailand has the opportunity and obligation to uphold the highest human rights standards,' said Matthew Smith. 'Despite having anti-torture legislation on its books for more than two years now, Thailand is denying justice to Aung Ko Ko and his family. We're hopeful the authorities will change course and ensure justice, accountability, and the rule of law.'
Voice of America
13-02-2025
- Politics
- Voice of America
Thai lawyers' council to investigate alleged killing by soldiers
An influential lawyers' association in Thailand said Thursday it is launching an investigation into the alleged killing of a Myanmar man by Thai soldiers last year, a move it says could lead to lawsuits against any officers involved. The Lawyers Council of Thailand, which accredits the country's attorneys, announced the probe after accepting a formal complaint about the case from Fortify Rights, an international advocacy group that previously carried out an investigation into the case. In a report published last year, Fortify Rights alleged that three unidentified soldiers brutally beat Aung Ko Ko to death with bamboo rods in Baan Tai village, near the Myanmar border, on January 12, 2024, after disputing his membership in a security patrol team made up of local civilians. The courts never charged any soldiers in the case, but convicted another civilian and Myanmar national, Sirachuch, who goes by one name, with manslaughter in September. Fortify Rights claims Sirachuch is being used as a scapegoat. Sirachuch has said he saw the soldiers attack Aung Ko Ko. 'After the Lawyers Council has taken the complaint, we will then investigate the nature and circumstances of the death of Aung Ko Ko. After that, we will take appropriate legal action,' Council President Wichien Chubthaisong told a press conference in Bangkok announcing the move. 'We will set up a subcommittee to conduct a fact-finding operation, hoping this will lead to the consideration of legal aid services and ensure that justice prevails for the family of Aung Ko Ko,' he added. 'Everyone has the right to have their human rights protected and respected under the law. Citizens in general should not be punished arbitrarily,' the chairman said. Afterward, Wichien told VOA the evidence that Fortify Rights has gathered implicating the army appeared credible and that the council could pursue civil or criminal charges against any soldiers it identifies as suspects. 'With credible evidence and a strong case, I think what we can continue to do is to prosecute other people involved in this case,' he said. Neither the Royal Thai Armed Forces nor the Royal Thai Police, which investigated Aung Ko Ko's death last year and filed the charges that led to Sirachuch's conviction, replied to VOA's requests for comment. Fortify Rights says the army has denied any responsibility for Aung Ko Ko's death, both to local media and a House of Representatives committee hearing, claiming he was tortured on the Myanmar side of the border before his body was dumped on Thai soil. The rights group denies the army's claim and says it undermines the authorities' case against Sirachuch, which rests on Thailand having jurisdiction over an attack by Sirachuch on Aung Ko Ko in Thailand. Sirachuch, who is now serving a prison sentence of three years and four months, confessed to striking Aung Ko Ko once on the back and twice on the shins. Fortify Rights, though, says that falls well short of manslaughter. It says the post-mortem report by the hospital that examined Aung Ko Ko's body states he died of 'head injuries caused by physical assault,' and that three eyewitnesses to the attack, Sirachuch included, claim it was the soldiers who beat Aung Ko Ko on the head. 'This is a grave miscarriage of justice at multiple levels and we are very heartened to see Thai leaders like Dr. Wichien willing to take a closer look at this case,' Fortify Rights CEO Matthew Smith said at Thursday's press conference. Afterward, Smith said his group pursued the council's help because of its influence and connections with Thai authorities, especially its links to the Department of Special Investigation, or DSI. The department is a special Ministry of Justice unit that investigates some of the country's highest profile and sensitive cases, including those that may involve public corruption and abuse of power. Wichien is on the department's board of special cases, which guides its work and is chaired by Prime Minister Paetongtarn Shinawatra. 'So, the fact that the Lawyers Council is willing to take a closer look at this case, we hope, is one important step closer to DSI also doing a formal investigation,' Smith told VOA. 'This is the type of situation where DSI can get involved and actually uncover the truth and ensure actual justice takes place,' he added. 'In some ways, DSI can unravel coverups, and DSI has the skills and ability and the influence and power to ensure justice in these really difficult cases.' In its report on Aung Ko Ko's death, Fortify Rights says it interviewed 23 people during its investigation, including witnesses, acquaintances and relatives, and spoke with local police. It says he had been living in Thailand for many years and was a well-known member of the community's civilian security team, known locally as Chor Ror Bor, which is trained and organized by Thai authorities. The report says the soldiers who detained Aung Ko Ko the day he died, and who later beat him, disputed his membership in the team, even after other members arrived to vouch for him. After the attack, it adds, Aung Ko Ko, badly bruised and bloodied, was being helped to the Myanmar border by other locals, on orders from the soldiers, when he collapsed and died of his wounds.
