Attorney General should withdraw appeal against wrongfully imprisoned Myanmar national, prosecute Thai soldiers responsible for killing Myanmar national Aung Ko Ko
(MAE SOT, July 21, 2026)—Thailand’s Office of the Attorney General should immediately withdraw its appeal against Sirachuch, a wrongfully imprisoned Myanmar national who spent 681 days in prison for a crime he did not commit, and Thai authorities should urgently investigate and prosecute Thai soldiers implicated in the torture and killing of Myanmar national Aung Ko Ko, Fortify Rights said today. A public prosecutor in Tak Province recently filed an appeal to the Supreme Court on behalf of the State against Sirachuch, who goes by one name, in connection with the killing of Aung Ko Ko, despite a December 2025 appeal court judgment that rejected the core allegations against Sirachuch and effectively exonerated him of responsibility for Aung Ko Ko’s death.
“Sirachuch has already lost nearly two years of his life to wrongful allegations of his involvement in the death of Aung Ko Ko,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “The appeal court found insufficient evidence linking Sirachuch to Aung Ko Ko’s death and cited testimony implicating Thai soldiers’ involvement. Instead of prolonging Sirachuch’s suffering, Thai authorities should withdraw the appeal, compensate Sirachuch, and ensure accountability for those responsible for torturing and killing Aung Ko Ko.”
In November 2024, Fortify Rights published a 44-page report, entitled Death at the Thai-Myanmar Border: The Detention, Torture, and Killing of Myanmar National Aung Ko Ko in Thailand, documenting the involvement of Thai soldiers in the torture and killing of Aung Ko Ko on January 12, 2024. In the report, Fortify Rights revealed serious problems with the Thai police investigation into Aung Ko Ko’s death and the trial and conviction of then-24-year-old Sirachuch, a Myanmar national who was one of several eyewitnesses to the torture of Aung Ko Ko by three Thai soldiers.
Fortify Rights observed Sirachuch’s trial and appeal and continues to support him as he recovers from his ordeal.
On December 17, 2025, a Thai appeal court effectively exonerated Sirachuch and cited witness testimony describing the involvement of Thai soldiers in the torture of Aung Ko Ko. In its judgment, the court stated:
…the military officers ordered the deceased to sit on the ground and tied both of his arms behind his back with a belt. The deceased had injuries on his body consistent with having been assaulted. While the officers escorted him toward a rain tree, [the witness] did not follow. Approximately 20 minutes later, [the witness] heard the deceased crying out for help. When [the witness] went to look, he saw one soldier stepping on the deceased’s neck, while another soldier was striking him on the back with a wooden stick. A third soldier was standing nearby holding a gun.
The appeal court ultimately concluded that Sirachuch’s actions could not be found to have caused Aung Ko Ko’s death and that there was insufficient evidence to establish that he acted jointly with the soldiers in the fatal assault, which Fortify Rights said constituted torture under Thai and international law. The court therefore overturned the conviction of Sirachuch on the more serious charges and found him guilty only of assault causing bodily harm under Section 295 of Thailand’s Criminal Code.
However, on June 6, 2026, Fortify Rights received confirmation from Sirachuch’s lawyer that the public prosecutor had appealed the case to the Supreme Court. As a result, the case has not yet reached a final judgment, preventing Sirachuch from applying for compensation available to criminal defendants under Thailand’s Compensation for Victims and Defendants in Criminal Cases Act.
Sirachuch told Fortify Rights about the difficulties he has faced since his release from prison and the distress he felt upon learning that the public prosecutor had appealed the case to the Supreme Court:
When I came back, I had nowhere to stay. I had to look for work and rent a room. That made life even more difficult after being released from prison… because I have nothing left. … [When I learned that the case was still not over] I felt terrible. … I don’t know [whether there is still hope or not]. It depends on how the court decides. … I don’t know when I will be able to live a normal life again.
On July 13, Fortify Rights sent a letter to the Attorney General of Thailand, Itthiporn Kaewthip, communicating concerns regarding the case.
Since Aung Ko Ko’s death in January 2024, Thai authorities have declined several requests by Fortify Rights to conduct a prompt, impartial, and effective investigation into the torture and killing of Aung Ko Ko. For example, on February 18, 2025, the Department of Special Investigation (DSI) formally notified Fortify Rights of its decision to terminate its preliminary fact-finding in the case. The DSI later cited several reasons for declining to accept the case as a special investigation, including false claims that the case did not involve state officials and could not be treated as a torture case, and that criminal proceedings had already been initiated against Sirachuch in relation to the incident.
Now that the appeal court has rejected the core allegations against Sirachuch and established on-the-record evidence implicating Thai soldiers in acts that would amount to torture under the law, there should be no perceived obstacle to DSI pursuing justice in this case, Fortify Rights said.
Thailand’s Committee on the Prevention and Suppression of Torture and Enforced Disappearance is also mandated to serve as the central oversight and policy mechanism for implementing Thailand’s Anti-Torture Law. The Committee’s responsibilities include examining evidence relating to acts of torture and enforced disappearance, receiving and monitoring complaints, and ensuring follow-up action by relevant authorities.
In light of Sirachuch’s exoneration and the appeal court’s detailed findings implicating Thai soldiers, Thailand’s anti-torture committee should also immediately investigate Aung Ko Ko’s death as an act of torture, Fortify Rights said.
Thai prosecutors have discretion over whether to pursue appeals in cases like this. Article 19 of the Regulation of the Office of the Attorney General on the Conduct of Criminal Cases in Higher Courts by Public Prosecutors, B.E.2563 (2020), generally requires prosecutors to appeal “when a Court of First Instance convicts a defendant, but the Court of Appeal subsequently overturns the conviction and acquits the defendant, or amends the judgment to acquit certain defendants or dismiss certain charges.” However, Article 20 permits prosecutors to withdraw an appeal in accordance with separate regulations if continued prosecution would not serve the public interest or could adversely affect public safety, national security, or other important national interests.
Last month, the Thai government reaffirmed its commitment to joining the Organisation for Economic Co-operation and Development (OECD), setting 2028 as a target for membership. Around the same time, the Office of the Attorney General hosted an OECD fact-finding mission to assess Thailand’s justice system. As Thailand seeks to demonstrate its commitment to the OECD’s core values, including the rule of law and human rights, the Public Prosecutor of the High Court’s decision to pursue a Supreme Court appeal against a Myanmar national, rather than exercising discretion to prevent an ongoing miscarriage of justice, risks undermining the very principles that Thailand is seeking to uphold through the OECD accession process, said Fortify Rights.
Thailand is scheduled to undergo its Universal Periodic Review in November 2026, when U.N. member states will assess the country’s human rights record over the previous four years. As part of this process, Fortify Rights submitted a stakeholder report documenting several serious concerns, including the torture and killing of Aung Ko Ko, the wrongful prosecution and imprisonment of Sirachuch, and ongoing impunity in the case.
“This appeal not only underscores failures in Thailand’s criminal justice system, but it also perpetuates a culture of impunity that benefits no one,” said Matthew Smith. “As Thailand comes under international scrutiny during its Universal Periodic Review, we encourage the Attorney General to consider the broader consequences and immediately withdraw the appeal against Sirachuch, ensure his right to compensation, and hold accountable those responsible for Aung Ko Ko’s torture and killing.”
Photo credit: ©Fortify Rights, 2025