Thailand: Ensure Thai Soldiers Are Held To Account For Torture, Killing Of Myanmar National

(BANGKOK, January 13, 2025)—Thai authorities should urgently investigate and potentially prosecute three Thai Army soldiers involved in the torture and killing of Myanmar national Aung Ko Ko, 37, on January 12, 2024—one year ago yesterday—near the Thailand-Myanmar border, Fortify Rights said today.

“Thai authorities should finally take action to hold Aung Ko Ko’s killers to account,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “As Thailand takes its seat on the U.N. Human Rights Council, the authorities must now demonstrate their commitment to preventing, suppressing, and punishing torture, regardless of the identities or affiliations of the torturers.”

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 killing. The report also highlights significant problems and shortcomings with the local police investigation into Aung Ko Ko’s death.

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Shortly before the release of Death at the Thai-Myanmar Border, on November 7, 2024, Fortify Rights provided evidence and in-person testimony, lasting approximately four hours, to Thailand’s Department of Special Investigations (DSI). 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 and has established 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.

Fortify Rights has no information on whether or not the DSI will launch a full investigation into the torture and killing of Aung Ko Ko, but Fortify Rights has expressed its willingness to assist the authorities in ensuring justice in this case.

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.

“Thailand’s international and domestic legal obligations require the government to respond swiftly and effectively to instances of torture,” said Matthew Smith. “The DSI is well-placed to investigate the Thai military’s involvement in Aung Ko Ko’s brutal torture and should now move ahead with its inquiries.”

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