The Koh Tao murders involved the death of two British tourists in Thailand in 2014. On 15 September, the bodies of Hannah Witheridge and David Miller were found on Sairee Beach on the island of
Koh Tao
Ko Tao ( th, เกาะเต่า, , ) is an island in Thailand and is part of the Chumphon Archipelago on the western shore of the Gulf of Thailand. It covers an area of about 21 km2 (8 sq mi). Administratively it is a subdistrict (''t ...
, between 4 and 5 am, a few hours after their deaths. Both victims had been hit several times on the head; Witheridge had been raped, and Miller had been drowned.
Two weeks later, two
illegal
Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body.
Illegal may also refer to:
Law
* Violation of law
* Crime, the practice of breaking the ...
Burmese
migrant workers
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have the intention to stay permanently in the country or region in which they work.
Migrant workers who work outsi ...
were blamed for the deaths, primarily on the basis of
DNA evidence, and confessed following an hours-long interrogation. The suspects were initially denied
access to legal counsel, and alleged that police used torture and threats to secure a confession. Pathologists and legal experts criticised the police for mishandling the evidence, allowing
contamination of the crime scene and failing to use experts to collect
forensic evidence
Forensic identification is the application of forensic science, or "forensics", and technology to identify specific objects from the trace evidence they leave, often at a crime scene or the scene of an accident. Forensic means "for the courts".
Hu ...
. The police investigation and criminal trial were widely criticised by international media, human rights organisations, and legal experts. In December 2015, the pair were convicted of the murder and sentenced to death. Attempts to appeal the sentence failed, but a
royal decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
was issued by
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
Vajiralongkorn
Vajiralongkorn ( th, วชิราลงกรณ; , ; born 28 July 1952) is the King of Thailand. He is the only son of King Bhumibol Adulyadej and Queen Sirikit. In 1972, at the age of 20, he was made crown prince by his father. After his ...
in 2020 commuting the death sentences to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
.
The
government of Thailand
The Government of Thailand, or formally the Royal Thai Government ( Abrv: RTG; th, รัฐบาลไทย, , ), is the unitary government of the Kingdom of Thailand. The country emerged as a modern nation state after the foundation of ...
was concerned the murders might affect tourism to the island, with arrivals dropping in the months following the murders. However, the event did not materially affect tourism to the island over the following years.
Background
The island of Koh Tao is located in
Southern Thailand
Southern Thailand, Southern Siam or Tambralinga is a southernmost cultural region of Thailand, separated from Central Thailand region by the Kra Isthmus.
Geography
Southern Thailand is on the Malay Peninsula, with an area of around , bounded ...
. Measuring 21 square kilometres (8 sq mi) in area, it is the smallest of three popular tourist islands in the
Gulf of Thailand
The Gulf of Thailand, also known as the Gulf of Siam, is a shallow inlet in the southwestern South China Sea, bounded between the southwestern shores of the Indochinese Peninsula and the northern half of the Malay Peninsula. It is around in l ...
.
Receiving half a million visitors each year,
Koh Tao is especially popular with
backpackers and known for its
marine life
Marine life, sea life, or ocean life is the plants, animals and other organisms that live in the salt water of seas or oceans, or the brackish water of coastal estuaries. At a fundamental level, marine life affects the nature of the planet. M ...
and
scuba diving
Scuba diving is a mode of underwater diving whereby divers use breathing equipment that is completely independent of a surface air supply. The name "scuba", an acronym for "Self-Contained Underwater Breathing Apparatus", was coined by Chris ...
. It has over 100 hotels and resorts and was deemed the busiest diving centre in
Southeast Asia
Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
in 2014. In 2014, the island had a population of around 5,000 locals. Burmese
migrant workers
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have the intention to stay permanently in the country or region in which they work.
Migrant workers who work outsi ...
made up an additional 5,000, around 2,000 of these being
illegal immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
who bribe local police by paying 500 baht each month. These illegal workers often reside with friends on the island, making it difficult to identify them. Some of these workers said they can earn more money in Thailand compared to Myanmar. The murders were the first cases of homicide on the island in over eight years.
The victims of the murders were Hannah Witheridge, a 23-year-old from
Hemsby
Hemsby is a village, seaside resort and civil parish in the county of Norfolk, England. It is situated some north of the town of Great Yarmouth.Ordnance Survey (2005). ''OS Explorer Map OL40 - The Broads''. .
In the 2001 census Hemsby had a ...
,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, and David Miller, a 24-year-old from
Jersey
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...
, a
Crown Dependency.
Both were students who were backpacking in Thailand.
Witheridge had completed
undergraduate
Undergraduate education is education conducted after secondary education and before postgraduate education. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, in the United States, an entry-lev ...
studies in education at the
University of East Anglia
The University of East Anglia (UEA) is a public research university in Norwich, England. Established in 1963 on a campus west of the city centre, the university has four faculties and 26 schools of study. The annual income of the institution f ...
and had started post-graduate studies in speech and language therapy at the
University of Essex
The University of Essex is a public university, public research university in Essex, England. Established by royal charter in 1965, Essex is one of the original plate glass university, plate glass universities. Essex's shield consists of the an ...
.
Miller had just completed his undergraduate degree in
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
structural engineering
Structural engineering is a sub-discipline of civil engineering in which structural engineers are trained to design the 'bones and muscles' that create the form and shape of man-made structures. Structural engineers also must understand and cal ...
at the
University of Leeds
, mottoeng = And knowledge will be increased
, established = 1831 – Leeds School of Medicine1874 – Yorkshire College of Science1884 - Yorkshire College1887 – affiliated to the federal Victoria University1904 – University of Leeds
, ...
and was starting a masters degree. He was travelling
Southeast Asia
Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
with a friend after completing a six-week
work placement
A practicum (also called work placement, especially in the UK) is an undergraduate or graduate-level course, often in a specialized field of study, that is designed to give students supervised practical application of a previously or concurrent ...
in Australia with a mining company,
and arrived in Thailand in August.
[
Witheridge and Miller travelled and arrived on the island separately on 25 August. Witheridge was travelling with three other friends, and Miller with two others.] The two met in Koh Tao while staying at the same hotel.
Murder
Miller and Witheridge were last seen at a bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
called AC Bar with friends at a party on Sunday night with around 50 people – mostly foreign tourists – before they left together after 1 am. Their bodies were discovered on Sairee Beach a few hours later, between 4 and 5 am, by a mute Burmese beach cleaner. Miller's body was found floating in the water, and Witheridge's on the beach; the bodies lay approximately 20 metres apart and 30 metres away from their hotel (Ocean View Bungalows). A bloody hoe, believed to be the murder weapon, and a wooden club were found near the bodies, along with three cigarette butt
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opp ...
s and a used condom. Both bodies were found semi-naked; a pile of clothes was found nearby. The police moved the bodies to prevent them being swept up in the rising tide. Local residents blocked the pier to prevent the unidentified killers from leaving the island.
An autopsy revealed that both victims were hit by a hard object resulting in head and face wounds. Miller had scratches on his back and water in his lungs indicating drowning
Drowning is a type of suffocation induced by the submersion of the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in situations where others present are either unaware of the victim's situation or unable to offer a ...
. Witheridge's body indicated she had been raped
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or agai ...
. There was tearing present at the vulva
The vulva (plural: vulvas or vulvae; derived from Latin for wrapper or covering) consists of the external sex organ, female sex organs. The vulva includes the mons pubis (or mons veneris), labia majora, labia minora, clitoris, bulb of vestibu ...
, bruising on the perineum
The perineum in humans is the space between the anus and scrotum in the male, or between the anus and the vulva in the female. The perineum is the region of the body between the pubic symphysis (pubic arch) and the coccyx (tail bone), includi ...
, and a bite mark on her right nipple. DNA was collected from these three areas and sent to a police forensics lab for analysis. However, her clothes were not tested for DNA.
Investigation
Due to concerns the murders might affect foreign tourism into Thailand, the national authorities sought to expedite the investigation into the murders. The police were under pressure to produce results quickly, which affected how they conducted their investigation. The police initially speculated about who the culprit might be, alleging various individuals of perpetrating the crime without clear evidence. They focused on foreign nationals, with a spokesperson for the police claiming "Thais wouldn't do this". Some migrants who were questioned complained that officers scalded them with boiling water during interrogations
Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful informa ...
, allegations which were denied by the police. After initially failing to find a match to one of the migrant workers, the police focused their attention on Western tourists related to the victims. They highlighted a British tourist who had shared a room with Miller as a suspect, labelling it a "crime of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
"; he became the subject of a nationwide manhunt
Manhunt may refer to:
Search processes
* Manhunt (law enforcement), a search for a dangerous fugitive
* Manhunt (military), a search for a high-value target by special operations forces or intelligence agencies
Social organisations
* Manhun ...
before the police quickly dropped the lead. Several other suspects were also named, amid pressure to produce results, a new one every other day. Over 200 individuals on the island, many of them migrant workers, were tested in mass DNA testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
.
According to the prosecution in the subsequent case, CCTV footage analysed by the police showed three individuals riding a motorcycle
A motorcycle (motorbike, bike, or trike (if three-wheeled)) is a two or three-wheeled motor vehicle steered by a handlebar. Motorcycle design varies greatly to suit a range of different purposes: long-distance travel, commuting, cruising ...
to 7-Eleven
7-Eleven, Inc., stylized as 7-ELEVE, is a multinational chain of retail convenience stores, headquartered in Dallas, Texas. The chain was founded in 1927 as an ice house storefront in Dallas. It was named Tote'm Stores between 1928 and 1946. A ...
, where they bought beer and cigarettes, before going towards Sairee Beach. Footage near the crime scene also showed one of the three men running into a shortcut. One of the men – Mau Mau – resided nearby. Two weeks after the bodies were found, on 1 October 2014, police interrogated Mau Mau, who said he took the motorcycle and separated from the other two men before the murders occurred, and found them both home asleep by the time he had returned. Police entered the home the next day; only one of the men, Zaw Lin, was present. Following an interrogation, during which police say Zaw Lin admitted he had entered the country illegally, Zaw Lin was arrested and his clothes and motorcycle were seized as evidence. The second man, Wai Phyo, was believed to have left the island by boat the previous night. He was found hiding on the boat later on 2 October. Both men were 22-year-old illegal migrant workers from Rakhine, Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
, who worked in the hospitality industry. They had no prior criminal records
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
.
During an hours-long interrogation, during which the police used Burmese food vendors as interpreters because the pair could not speak Thai
Thai or THAI may refer to:
* Of or from Thailand, a country in Southeast Asia
** Thai people, the dominant ethnic group of Thailand
** Thai language, a Tai-Kadai language spoken mainly in and around Thailand
*** Thai script
*** Thai (Unicode block ...
, the suspects confessed to the murders. They stated they were driven by a desire to rape the victim following sexual arousal
Sexual arousal (also known as sexual excitement) describes the physiological and psychological responses in preparation for sexual intercourse or when exposed to sexual stimuli. A number of physiological responses occur in the body and mind as ...
when they saw the couple kissing on the beach. The police said the suspects' DNA matched a sample of semen
Semen, also known as seminal fluid, is an organic bodily fluid created to contain spermatozoa. It is secreted by the gonads (sexual glands) and other sexual organs of male or hermaphroditic animals and can fertilize the female ovum. Semen i ...
taken from Witheridge's body, and to the hoe and cigarette butts found near the body. Early police reports said Miller's mobile phone was also found in Zaw Lin's home, although the media had previously reported the phone was handed to police by a friend of the victim. In the trial, the prosecution said the phone was found smashed at the home of a friend of Zaw Lin's. The police then forced the suspects to re-enact the murder in front of media, a move condemned by legal experts as prejudicing a fair hearing.
Zaw Lin and Wai Phyo retracted their statements following a visit from a consular lawyer for Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
and said they had made their statements under duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
, after they had allegedly been beaten, left naked in a freezing room, and threatened with electrocution
Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death.
The term "electrocution" was coined ...
and an extrajudicial killing
An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...
. The national police chief, Somyot Poompanmoung
Somyot Poompanmoung (; ; born 27 December 1954) is a former commissioner-general of the Royal Thai Police and current president of the Football Association of Thailand.
Following the military coup of 22 May 2014, Somyot was appointed to the Nati ...
, denied that torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
was involved in the confessions. Thailand's National Human Rights Commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
attempted to investigate the allegations, but police representatives did not appear at four scheduled meetings.
A defence team from Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
, composed of nearly 20 lawyers, were only permitted half an hour to meet the men; a request by the defence to delay the hearing and allow more time to prepare was denied by a judge at the Koh Samui Provincial Court. A 900-page police report was produced to guide the prosecution's case, but the defence were not allowed to see the report until the trial began. Public prosecutors initially rejected the report, asking for "certain flaws" to be fixed, more information to be supplied, and for the report to be made "more succinct". In December 2014, the suspects were each indicted on five charges: premeditated murder, killing to conceal a criminal offence, rape, illegal entry into Thailand, and staying in the country without permission. Wai Phyo was also charged with stealing Miller's phone.
Trial and conviction
An 18-day trial began on 8 July 2015 in the Koh Samui Provincial Court. According to an observer, the sittings lasted over ten hours each day. The suspects were defended pro bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
by two lawyers from the Lawyers Council of Thailand. The trial was attended by external observers, including representatives from Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
and the UK's Foreign, Commonwealth and Development Office
The Foreign, Commonwealth & Development Office (FCDO) is a department of the Government of the United Kingdom. Equivalent to other countries' ministries of foreign affairs, it was created on 2 September 2020 through the merger of the Foreign ...
. Direct quotations from the trial are unavailable, as the judges did not permit the public to take notes. This decision was criticised by the Solicitors International Human Rights Group, one of the observers at the trial.
The prosecution's case focused on findings of the police and medical examiner
The medical examiner is an appointed official in some American jurisdictions who is trained in pathology that investigates deaths that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdictio ...
, with an emphasis on the DNA evidence. They argued that the defendants intended to kill Miller, using a hoe to hit him multiple times on the head. The hoe was then used to knock Witheridge unconscious, after which the defendants used force to hold her down and took turns raping her, before killing her with the hoe. There were no known eyewitnesses to the murders.
The defence claimed that the investigation was flawed due to mishandling of forensic evidence, lack of legal representation during interrogations, use of threats and intimidation to secure a confession, and intimidation of witnesses. They argued that the defendants, since they were vulnerable as illegal migrant workers, were scapegoated
Scapegoating is the practice of singling out a person or group for unmerited blame and consequent negative treatment. Scapegoating may be conducted by individuals against individuals (e.g. "he did it, not me!"), individuals against groups (e.g., ...
by the police for the crime. The defence provided a separate explanation for the events on the night. It was said the pair went swimming on the same beach earlier that night, and when they got out of the water they found their clothes had disappeared. After unsuccessfully trying to find their possessions, they walked towards Mau Mau's house through the shortcut, which resulted in them being caught on CCTV. They said Wai Phyo found the mobile phone dropped on the beach, and so he kept it. Ostensibly, Wai Phyo changed jobs at the end of September and was travelling by boat to Surat Thani
Surat Thani ( th, สุราษฎร์ธานี, ) is a city in Amphoe Mueang Surat Thani, Surat Thani Province, southern Thailand. It lies south of Bangkok. It is the capital of Surat Thani Province. The city has a population of 1 ...
for his new job on the day he was arrested. The defence struggled to find members of the public willing to testify
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
La ...
at the trial, as many feared retribution, hence their alibi
An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ...
was not considered convincing by the court.
On July 10, the court ordered the DNA to be retested. Police revealed that the samples from Witheridge's body were used up,[ but were able to provide DNA samples from the murder weapon. The head of the country's Central Institute of Forensic Science found that the DNA on the hoe did not match the defendants.
The prosecution also claimed the defendants entered the country in violation of the Immigration Act of 1979. Zaw Lin was said to have entered between 2011 and 2012, and Wai Phyo in 2012. Both entered through the Ranong Province, allegedly without presenting themselves at a ]port of entry
In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. Internati ...
and without possessing a passport
A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...
. They plead not guilty to the charge at the trial, but Wai Phyo changed his plea to guilty during the proceedings.
Several CCTV cameras near the crime scene were reported to be nonfunctional, and cameras near the pier were not checked by the police. The DNA analysis in the case, which was not subject to independent oversight or verification, was provided to the court as a one-page summary with four supporting pages, some of it handwritten with amendments. Jane Taupin
Jane may refer to:
* Jane (given name), a feminine given name
* Jane (surname), related to the given name
Film and television
* ''Jane'' (1915 film), a silent comedy film directed by Frank Lloyd
* ''Jane'' (2016 film), a South Korean drama fi ...
, an Australian forensic scientist brought in by the defence, claimed that the timeline of DNA extraction was dubious; a rapid analysis of DNA samples had happened in less than 12 hours, which she said was unusual because "extracting DNA from mixed samples was difficult and time-consuming". Taupin was ultimately not allowed to testify by the defence, and these issues were not raised by the defence until their closing statement. Media reports speculated that was because the defence was wary of calling on foreign experts fearing it could appear as undermining the Thai justice system, and could bias the judges against their case.
On 24 December 2015, Zaw Lin and Wai Phyo were found guilty of murdering Witheridge and Miller by the three judges, and were sentenced to death. The conviction was primarily guided by the DNA evidence, and the court said it did not consider their confessions in making the judgement. Wai Phyo was also convicted of theft for allegedly stealing a phone and sunglasses from Miller's body. They were both also charged with entering the country illegally, to which Wai Phyo had already confessed. Zaw Lin was not convicted of this charge because he held a work permit for the two years preceding the murders.
A lawyer for the men, Nakhon Chomphuchat, said "we will appeal as soon as we can, we have just got a copy of the court's verdict. It will take a bit of time to find loopholes to appeal." Attempts to appeal the sentence to the High Court in 2017 were unsuccessful. The Supreme Court of Thailand
The Supreme Court of Thailand ( th, ศาลฎีกา, San Dika), located in Bangkok, Thailand, is the highest Thai court of justice, covering criminal and civil cases of the entire country. Operating separately from the Administrative ...
upheld the sentence in August 2019, stating that the police handled the case correctly and the forensic evidence was "clear, credible, and detailed".
The death sentences were commuted to life imprisonment on 14 August 2020 following a royal decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
to commemorate King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
Vajiralongkorn
Vajiralongkorn ( th, วชิราลงกรณ; , ; born 28 July 1952) is the King of Thailand. He is the only son of King Bhumibol Adulyadej and Queen Sirikit. In 1972, at the age of 20, he was made crown prince by his father. After his ...
's birthday and "illustrate the king's clemency". The commutation was welcomed by Miller's family.
Reaction
The investigation was met with criticism by international media, human rights groups, and legal experts. Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
stated that Thailand "must initiate an independent, effective and transparent investigation into mounting allegations of torture and other ill-treatment by police". They also raised concerns with the absence of legal counsel prior to the confession, as well as difficulties with translation and interpretation. Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
said the case was "profoundly disturbing" and called for the verdict to be reviewed in a "transparent and fair appeal process". Thailand's National Human Rights Commission said "the circumstances surrounding the arrest of the two Myanmar workers ... were dubious, leading to impressions the suspects were not aware of their rights and that justice had not been done".
The International Commission of Jurists
The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is a standing group of 60 eminent jurists—including senior judges, attorneys and academics—who work to develop national and inte ...
said "the defense must be afforded adequate time and facilities to explore whether the alleged destruction of evidence in this case was appropriate and unavoidable, and to test the prosecution case overall." Many raised concerns that contamination cast doubt upon the forensic evidence: officials, journalists and tourists were seen walking around the crime scene, and Thai police did not use trained or independent specialists to collect forensic evidence. Pornthip Rojanasunand
Khun Ying Pornthip Rojanasunand, also spelled Porntip Rojanasunan ( th, พรทิพย์ โรจนสุนันท์; ; born 21 December 1954) is a Thai forensic pathologist and medical doctor. First appearing in the media in 1998, he ...
, a Thai forensic scientist, testified at the trial that the crime scene was poorly managed. A British defence lawyer, Felicity Gerry QC, said the trial was "far too rushed and unfair to the defense". Experts have considered the forensic investigation to have been incompetent, and to have possibly framed the suspects.
An opinion piece in ''Bangkok Post'' wrote that "practically no one believes aw Lin and Wai Phyo
A&W, AW, Aw, aW or aw may refer to:
Companies
* A&W Restaurants
** A&W Root Beer
* Addison-Wesley, publishers
* Africa World Airlines, IATA code
* Prefix for helicopters made by AgustaWestland
* Allied Waste Industries, Inc, stock symbol on ...
really brutally murdered English tourists", adding "in Thai media of all kinds, the consensus is that Win and Zaw Lin are scapegoats." Another commentary in the paper stated that the "overwhelming public skepticism ... stems from the police's longstanding notoriety for arresting poor and powerless scapegoats to save rich criminals who can afford to buy their innocence". Rumours began to circulate, with residents on the island saying the island is controlled by a mafia
"Mafia" is an informal term that is used to describe criminal organizations that bear a strong similarity to the original “Mafia”, the Sicilian Mafia and Italian Mafia. The central activity of such an organization would be the arbitration of d ...
who "have information about the true culprits", and claimed that the police is covering for them.
The Prime Minister of Thailand
The prime minister of Thailand ( th, นายกรัฐมนตรี, , ; literally 'chief minister of state') is the head of government of Thailand. The prime minister is also the chair of the Cabinet of Thailand. The post has existed si ...
, Prayut Chan-o-cha
Prayut Chan-o-cha (sometimes spelled Prayuth Chan-ocha; th, ประยุทธ์ จันทร์โอชา, ; born 21 March 1954) is a Thai politician and retired Royal Thai Army, army officer who has served as the Prime Minister of T ...
, said " oreign female touriststhink our country is beautiful and safe and they can do whatever they want, wear bikinis wherever they like. I'm asking if they wear bikinis in Thailand, will they be safe? Only if they are not beautiful." He later apologised for the comment after it was met with public backlash. The UK government
ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd
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expressed concerns with the investigation, and summoned a Thai diplomat in London to discuss them. Despite not initially being permitted to assist with the investigation, British police observers – including homicide detectives from the Metropolitan Police
The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
and a forensics expert – were eventually permitted into Thailand to observe the investigation. The team were only allowed to spend two hours on Koh Tao and did not meet with the suspects or defence. Their findings were never made public, but were shared with the families of the victims. Prayut said that British and Burmese government representatives were "limited to observation" and had to "respect our processes".
The guilty verdict resulted in widespread protests in Myanmar. Protesters called for the release of the two suspects, who they believed were innocent and scapegoated for the crime. The protests angered Thailand's prime minister, who believed the demonstrations were a plot "instigated" to hurt the government. He announced that he had "ordered all security-related agencies ... to track down those who are behind the Myanmar demonstrations". Hacker group Anonymous
Anonymous may refer to:
* Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown
** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author
* Anonym ...
published a video on 3 January 2016 criticising the verdict. Police and court systems were hacked or taken offline in the following days, and a stash of personal information obtained from the court's servers was posted publicly.
The 2014 murders, along with other deaths and disappearances of tourists, led to British tabloid
Tabloid journalism is a popular style of largely sensationalist journalism (usually dramatized and sometimes unverifiable or even blatantly false), which takes its name from the tabloid newspaper format: a small-sized newspaper also known as ...
s labelling Koh Tao as "Death Island". A 2016 study said the case, which it described as a litmus test
Litmus test may refer to:
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* Litmus test (politics), a question that seeks to find the character of a potential candidate by measuring a single indicator
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of Thailand's justice system, "seriously damaged the image of Thailand and of its forces of law and order on the global level".
Effects on tourism
Thailand's government became concerned the murders may affect tourism to the country. The country's prime minister, who had been phoning the national police chief daily for updates on the investigation, said "this should not have happened at all, as it will affect Thailand in the eyes of the international community". Amid the investigation, Tourism and Sports Minister Kobkarn Wattanavrangkul visited Koh Tao on 28 September 2014 in an attempt to reassure tourists. She suggested using identification wristbands for tourists to improve safety, but the idea was quickly scrapped. The mayor of the island, Chaiyan Turasakul, announced a new police station and staffed it with 40 full-time officers, compared to five previously. Irregular Burmese migrant workers were now required to register with the police in an attempt to discourage illegal workers and prevent bribery.
Although tourist arrivals to Koh Tao dropped in the months immediately following the murders, there was little lasting effect on tourism to the island.
References
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External links
Re-enactment of murders
Judgement
in Zaw Lin & Wai Phyo v. Commissioner of Police for the Metropolis 015
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EWHC 2484 (QB)
2014 murders in Thailand
December 2015 events in Thailand
Tourist murders in Thailand