Court to issue verdict in fatal torture of Myanmar national, key suspects remain at large
(MAE SOT, December 16, 2025)— The Mae Sot Provincial Court is scheduled to deliver its appeal verdict on December 17, 2025, in the torture and killing of Aung Ko Ko, a 37-year-old Myanmar national, Fortify Rights said today. Almost two years have passed since the fatal torture of Aung Ko Ko, yet the perpetrators remain at large, while Thailand’s Department of Special Investigation (DSI) has declined to investigate the case.
“The appeal verdict is a critical moment to right the wrongs in this case,” 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, including torture and murder.”
In September 2024, the trial court—the Mae Sot Provincial Court—delivered its judgment convicting Sirachuch—who goes by one name and is also known as Ja Min—concluding that he, together with military officers, assaulted the victim, Aung Ko Ko, a 37-year-old Myanmar national, causing his death. The court found Sirachuch guilty under Section 290 in conjunction with Section 83 of the Thai Penal Code and sentenced him to five years’ imprisonment. The court then granted a one-third reduction of the sentence, resulting in a final prison term of three years and four months.
At the time of writing, no military officers involved in the incident have been subjected to criminal investigation or prosecution. Sirachuch has been in detention for almost one-third of his jail sentence since his arrest on February 6, 2024. He remains in custody at Mae Sot prison.
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 — clear indications of torture — and military involvement.
On May 7, 2025, the Lawyers Council of Thailand formally established a working group to investigate the torture and killing of Aung Ko Ko, following a public complaint submitted by Fortify Rights on February 13, 2025. The complaint provided detailed evidence that Thai soldiers on the Thailand-Myanmar border had fatally tortured Aung Ko Ko.
Earlier, on February 18, 2025, the DSI informed Fortify Rights in a letter that it would cease any investigation into the torture and death of Aung Ko Ko. In that letter, DSI did not provide a detailed explanation as to why it decided to ignore the case. Fortify Rights submitted a follow-up letter to DSI on May 8, 2025, seeking clarification after the Division of Justice Enhancement Affairs under DSI ordered DSI to cease any investigation into the torture and death of Aung Ko Ko.
Fortify Rights received a formal response from DSI, dated June 19, 2025. In the letter, DSI stated that the Mae Sot police had already investigated the case as a general criminal complaint, rather than registering it as a special case. By that time, Sirachuch, a 24-year-old Myanmar national, had already been prosecuted, convicted, and sentenced as a suspect by the Mae Sot Provincial Court, a decision over which DSI stated it had no authority to intervene or override. DSI further explained that while Section 29 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 provides that a person who witnesses or becomes aware of an act of torture is not required to identify the perpetrator when reporting the incident, any criminal investigation must still comply with the Criminal Procedure Code. DSI cited Section 127 of the Criminal Procedure Code, which requires that a complaint include the name or description of the alleged offender. According to DSI, the evidence submitted by Fortify Rights failed to include such details.
The DSI’s reasoning reflects an unduly narrow and inconsistent interpretation of Thai law. While DSI acknowledged that Section 29 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 removes the requirement for victims or witnesses to identify perpetrators when reporting torture, they nonetheless relied on procedural provisions of the Criminal Procedure Code to decline further investigation—an approach that undermines the purpose of the Anti-Torture Act and risks rendering its protections ineffective in practice. Thai authorities routinely investigate serious crimes, including killings and other heinous acts, even when perpetrators are initially unknown, and the conviction of one individual does not preclude investigation into additional perpetrators, official complicity, or command responsibility.
By treating the absence of a named suspect as a barrier to inquiry, DSI failed to meet Thailand’s obligation to promptly and impartially investigate credible allegations of torture and unlawful killing, as required under both domestic law and international standards, said Fortify Rights.
“In practice, Thai authorities routinely investigate cases where perpetrators are unknown, especially in homicide, trafficking, and torture cases,” said Matthew Smith. “DSI appears to have applied the law narrowly and mechanically, in a way that frustrates the very purpose of accountability for serious crimes. We informed DSI we would assist the Thai authorities to ensure justice in this case, and we again encourage DSI to pick up this case and ensure justice for Aung Ko Ko and his family.”
This case has attracted significant international attention. For example, on February 7, 2025, three U.N. Special Rapporteurs issued a Joint Communication to the Thai government expressing grave concerns over the alleged torture and killing of Aung Ko Ko. The Special Rapporteurs—all independent experts appointed by the United Nations— 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 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.
In March 2025, the Permanent Mission of Thailand in Geneva acknowledged the joint communication and indicated that it had been forwarded to the relevant agencies. However, as of now, there has been no further update or response from the Thai government indicating any action or progress.
U.N. General Assembly Resolution A/RES/55/89, adopted on December 4, 2000, endorsed the “Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” widely known as the Istanbul Protocol. As a State Party to the Convention against Torture, Thailand is obligated to conduct prompt, impartial, and effective investigations into alleged acts of torture. The Istanbul Protocol emphasizes that even in the absence of explicit identification of perpetrators, investigations must rely on forensic, medical, documentary, and testimonial evidence to establish the facts and ensure accountability.
In line with international standards, Fortify Rights has included both photographic evidence and the Post-Mortem Examination Report, which revealed multiple indicators of torture on the victim, Aung Ko Ko, including contusions on the back and face, the presence of blood in the stomach, and a lacerated right liver—all consistent with physical assault.
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 Thailand 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.
“Prosecuting officials under the Anti-Torture Act remains difficult, but it shouldn’t be,” said Matthew Smith. “With parliament dissolved, the Thai government—regardless of who forms the next administration—should take urgent action to proactively investigate and thoroughly review all available evidence to ensure that perpetrators are held accountable and that victims are not denied justice.”