Six Migrant Workers Murder Case and Legal Status Issue of Burmese Migrant Workers in Thailand*

U Aung Htoo

1. Introduction

On September 29, 2005, Thai Court in Maesod, Tak Province, sentenced death penalty to four accused - Mae-pa village headman and three others, local security officials - for they killed six Burmese migrant workers in 2003. This may be the first time in history of Thailand that Thai authorities were prosecuted for crimes they have committed against Burmese migrants, reducing a sense of impunity for those who commit crimes against Burmese nationals. It may also be a proof that justice can be sought within the existing legal and judicial system of Thailand which Thai nationalities can be proud of. It is remarkable that the case was successfully filed in the court only with the major assistance of Law Society of Thai­land, Human Rights Commission of Thailand and Forum Asia and with the back­ground support of the international community, including Asia Human Rights Commission.

Having lodged a formal complaint at the National Human Rights Commission and the Law Society of Thailand, Burma Lawyers' Council (BLC) sent copies of the letters and the case report to the major media in Thailand and abroad, international human rights organizations and the embassies from democratic countries, including United States Embassy.

The first serious press hit came on Friday May 23, 2005. The French Press Agency ran a wire story about the case, which quoted extensively from the letters to the Human Rights Commission. That story mentioned the fact the provincial police had found six charred bodies in the area, suggesting that the men had indeed been, murdered. In addition to Thai language newspapers, the Bangkok Post and the Nations, the leading English language newspapers in Thailand, then covered the story with photos, for five consecutive days. All four Burmese radio channels also picked up on the story. As a result, the SPDC military regime intervened and demanded an investigation, which was also covered in the Thai media.

After two weeks, it became clear that the local police had received strong messages from superiors in Bangkok, military intelligence, Crime Suppression Division, and politicians to handle this case "properly." Then, the witnesses were transferred to official police protection. If this protection had not been sought immediately, the witnesses would have disappeared. However, with the national and international attention this case had garnered, the local police were in the spotlight. In addition to safeguarding the witnesses, the police apprehended the village headman and several members of the security force.

This case underlines the uncertainty;oflife:for Burmese migrants along the Thai­Burma border. Despite that seeking justice for the victims has completed in its initial stage, it still requires to follow up the judicial process in appellate court of Thailand. It is wonderful that legal and human rights institutions of Thailand have been cooperating with the Burmese victims in laying down foundation for criminal justice on the basis of human rights while Thai police in Maesod area, Tak Province, effectively investigated the case and facilitated justice. More importantly, as long as the international community monitors the human rights violations, national criminal justice system will certainly be promoted.

Lack of legal status of Burmese migrant workers in Thailand caused the situation in which all six Burmese migrant workers were murdered brutally. The following legal analysis is an extract from BLC paper entitled, "A Brief Analysis on the Situation of the Burmese Migrant Workers In Thailand After Tsunami."

2. Issues Related to Lack of Legal Status

Except a few number of those who entered Thailand with official passports and work permits, Burmese migrant workers do not enjoy any formal legal status under the following circumstances:

(1) They do not exit Burma in a formal legal way. As such, they are subject to be dealt with by the Burma Immigration Act, punishable for five years imprisonment.
( 2) They do not enter Thailand in a formal legal way. As such, they are also subject to be dealt with by the Immigration Act of Thailand.


* This article was originally published in the December 2005 (No.22, pgs. 13- 22) edition of the Legal Issues on Burma Journal. It has been reproduced here with the kind permission of U Aung Htoo and the Legal Issues on Burma Journal.

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