Thailand: Court Ruling In Aung Ko Ko Case Points To Military Involvement

(MAE SOT, December 18, 2025)—A Thai appeal court’s ruling yesterday in the death of Myanmar national Aung Ko Ko effectively acquitted Sirachuch, also a Myanmar national, finding that he did not act in concert with the Thai military, said Fortify Rights today. Aung Ko Ko was fatally tortured on the Thai-Myanmar border in January 2024. In reaching its decision, the court signaled the involvement of members of the Thai military in the crime, raising serious concerns about accountability and the integrity of the investigation to date.

“We’re overjoyed that Sirachuch is today a free man, as he should be,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “The court made clear that Sirachuch did not act with the military, which makes it imperative to determine who from the military was involved. If ordinary investigative channels will not pursue those responsible, Thailand’s Convention Against Torture Committee or the Department of Special Investigations must step in to ensure this case is properly investigated and that no one is shielded from accountability because of their uniform or position.”

On September 27, 2024, the Mae Sot Provincial Court convicted Sirachuch, also known as Ja Min, of being an accomplice to manslaughter in the death of Aung Ko Ko and sentenced him to five years’ imprisonment. The sentence was reduced by one-third to three years and four months due to his cooperative testimony. Sirachuch has been in custody since February 6, 2024. In its appellate ruling delivered yesterday, the Mae Sot Provincial Court of Appeal overturned the manslaughter conviction under Section 290 of the Thai Penal Code, finding that Sirachuch did not act in concert with Thai military officers in the fatal assault. The court instead convicted him of physical assault under Section 295. Having already served the full sentence for that offense, Sirachuch was officially released today.

Yesterday’s ruling underscores the failure of Thai authorities to identify those truly responsible for Aung Ko Ko’s death, despite evidence pointing to three unidentified Thai soldiers in the fatal torture. Under Thai law and Thailand’s obligations as a State Party to the Convention Against Torture, authorities are required to conduct prompt, impartial, and effective investigations into deaths that may involve torture or ill-treatment by state agents.

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. Following the crime, Thai authorities arrested and charged Myanmar national Sirachuch, also known as Ja Min, but failed to prosecute any suspects from the military.

Fortify Rights called on the Department of Special Investigations (DSI) to immediately conduct a special investigation into the case. Fortify Rights also urged the National Committee under the Convention Against Torture to exercise its mandate to ensure an independent inquiry and accountability for all perpetrators, including any members of the security forces.

Under Section 14 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565, the Committee on the Prevention and Suppression of Torture and Enforced Disappearance is chaired by the Minister of Justice as Chairperson and includes, among others, the Director-General of the Department of Special Investigation and the President of the Lawyers Council of Thailand. Under Section 19, the Committee’s duties include the authority to inquire into information and facts pertaining to acts of torture, cruel, inhuman, or degrading treatment, or enforced disappearance, and to receive and carry out investigations into complaints received.

Fortify Rights emphasized that justice for Aung Ko Ko requires transparent investigations, the protection of witnesses and the victim’s family, and prosecutions that meet international fair-trial standards. The organization also called on Thai authorities to provide swift compensation to Sirachuch in light of the court’s ruling, and to ensure effective remedies to Aung Ko Ko’s family.

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