Lawyers Council Of Thailand Takes Case Of Myanmar National Tortured To Death By Thai Soldiers

(BANGKOK, February 13, 2025)—The Lawyers Council of Thailand under the Royal Patronage has taken up the case of Aung Ko Ko, a 37-year-old Myanmar national who died after being detained and brutally tortured by Thai soldiers in January 2024, Fortify Rights announced today. At a press conference in Bangkok, the Lawyers Council of Thailand confirmed its involvement in the case alongside Fortify Rights, which formally submitted a complaint to the Lawyers Council, urging action.

Fortify Rights provided Dr. Wichien Chubthaisong, President of the Lawyers Council of Thailand, with compelling evidence that Aung Ko Ko was fatally tortured by Thai soldiers at the Thailand-Myanmar border. The organisation also highlighted concerns over the conviction of an eyewitness to the killing—another Myanmar national, Sirachuch, who goes by one name. Fortify Rights asked the Lawyers Council to press Thai authorities to conduct a thorough, independent, and impartial investigation into Aung Ko Ko’s death and to ensure accountability and justice.

“The Lawyers Council of Thailand’s commitment to this case is an important step toward ending torture in Thailand and ensuring justice for Aung Ko Ko and his family,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “An impartial special investigation into Aung Ko Ko’s death will help ensure justice and prevent future acts of torture, and we are prepared to assist as needed.”

Fortify Rights called on Thailand’s Department of Special Investigation (DSI) to consider the Lawyers Council’s concerns and recommended it also launch an investigation to uncover the truth and hold the perpetrators accountable under the law.

“We'll set up a working group to look into the facts and collect evidence from the relevant departments. Then we'll figure out the way to help, whether it's through civil or criminal actions,” said Dr. Wichien Chubthaisong, President of the Lawyers Council of Thailand.

On January 12, 2024, at approximately 11 a.m., four Thai soldiers detained Aung Ko Ko near a small wooden bridge located in the 70 Rai area in Mae Sot District, Tak Province. Eyewitnesses described to Fortify Rights how three soldiers beat Aung Ko Ko severely, including with a long wooden implement. Eyewitness testimony to Fortify Rights and photographs of the victim’s body reviewed by Fortify Rights show that Aung Ko Ko was severely bruised and bloodied with cuts. He had dark bruises on his entire back, forehead, around both cheekbones, and on his nose. Aung Ko Ko’s official autopsy, reviewed by Fortify Rights, reported that he died of a “head injury caused by physical assault.”

On November 14, 2024, Fortify Rights published a 44-page report, Death at the Thai-Myanmar Border: The Detention, Torture, and Killing of Myanmar National Aung Ko Ko in Thailand, providing a detailed account of Aung Ko Ko’s torture and death. The report also highlights significant shortcomings with the police investigation into Aung Ko Ko’s death and the conviction of Sirachuch, an eyewitness. The charge sheet filed by Mae Sot police against Sirachuch mentions the military's alleged involvement in Aung Ko Ko's death, and multiple testimonies during Sirachuch's trial also implicated the military.

In its complaint to the Lawyers Council of Thailand, delivered today, Fortify Rights annexed a Thai-language copy of the report and other relevant case files.

On November 14, 2024, Fortify Rights sent a letter to Thailand’s parliamentary Committee on Armed Forces in the House of Representatives, outlining concerns about the killing of Aung Ko Ko and the prosecution of Sirachuch for crimes committed by Thai Army soldiers. On December 12, 2024, representatives from the Thai military and Mae Sot District Police provided testimony before the committee regarding the death of Aung Ko Ko.

During the hearing, Thai army representatives denied their troops’ involvement in Aung Ko Ko’s torture and subsequent death, instead blaming an unspecified “Karen ethnic armed group” on the Myanmar side of the border. The Thai army representative denied that Thai soldiers tortured Aung Ko Ko, implausibly suggesting that the uniforms of the unspecified Karen armed group in Myanmar are similar to the Thai army uniforms.

Numerous eyewitnesses saw Thai Army soldiers detain and torture Aung Ko Ko on January 12, 2024. Multiple eyewitnesses provided descriptions of the uniforms worn and weapons carried by the soldiers involved in detaining and beating Aung Ko Ko, all of which are consistent with the uniforms and weapons of Thai soldiers and not those typically used by ethnic-Karen border guard forces in Myanmar. Several of the eyewitnesses to the incident are members of the Chor Ror Bor —a community-based volunteer security force. They work closely with the Thai army, communicated directly with the soldiers who detained Aung Ko Ko, and would be able to easily differentiate between Thai and ethnic Karen soldiers.

“The claim that this killing occurred in Myanmar is not only inconsistent with the facts but also undermines the prosecution of Sirachuch, who was convicted in Thai courts for manslaughter in Thailand, not Myanmar,” said Matthew Smith. “Ensuring justice in this case is the best thing Thailand can do to demonstrate its domestic and international commitments to ending torture and impunity.”

Thai authorities made several other claims to the Committee on Armed Forces that Fortify Rights’s documentation does not support.

“It’s not easy, because we are not up against ordinary citizens,” said one of Aung Ko Ko’s family members, who prefers not to be named. “We are not discouraged, but we are scared. Because we want the truth. Because a person died, we also hope for their response.”

The Lawyers Council of Thailand under the Royal Patronage ensures access to justice in Thailand. It operates as an independent private organisation entrusted with administrative authority by the state to regulate and uphold professional standards within the Thai legal profession. The Lawyers Council also has a mission to provide legal assistance in both civil and criminal cases. The president of the Lawyers Council also serves on the DSI's Board of Special Cases–a body involved in the selection of the DSI’s cases.

The DSI is a special unit under the Ministry of Justice charged with investigating high-profile and sensitive cases, including those involving officials. The DSI also plays a key role in the enforcement of Thailand’s Prevention and Suppression of Torture and Enforced Disappearance Act. It has two specialised investigation units exclusively tasked with investigating torture and enforced disappearance as well as a special working group on the implementation of the Act.

The right to be free from torture is non-derogable under international law, meaning that it cannot be suspended or limited under any circumstance. 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 guarantee the right to life and protection from extrajudicial killings as well as protection from torture and arbitrary arrest.

“We share Thailand’s stated commitment to ending torture and impunity,” said Matthew Smith. “We‘re grateful for the important work of the Lawyers Council of Thailand and for its attention to this case and remain hopeful that justice will be served.”

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