Human Rights Watch called the verdict “profoundly disturbing,” citing the defendants’ claims of police torture that were never investigated and questionable DNA evidence linking them to the crime.
Modal TriggerMyanmar migrant workers Win Zaw Htun (left) and Zaw Lin are escorted by Thai police after they were sentenced to death for killing two British tourists.Photo: EPA
Win Zaw Htun and Zaw Lin, both 22, have denied killing David Miller, 24, and raping, then murdering Hannah Witheridge, 23, last year on the island of Koh Tao. Their defense attorney said they planned to appeal.
Miller and Witheridge’s battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving.
Autopsies showed that the young backpackers, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.
In its ruling, the court on nearby Samui island said prosecutors had presented evidence from the crime scene and provided witness testimony that proved “without any doubt to the court” that the two men had killed Miller and raped Witheridge before murdering her “to cover up their wrongdoings.”
DNA evidence showed that the semen of both men was found inside Witheridge, the court said.
In an emotional statement after the verdict, Miller’s family said they had initial doubts about the investigation but found the evidence against the accused to be “absolutely overwhelming.”
“Justice is what has been delivered today. We respect this court and its decision completely,” said Michael Miller, the brother of David, reading from a statement beside his two parents.
“Our lives have been changed forever, nothing brings David home. No last hugs. No goodbyes,” his brother said, describing David as intelligent, hard-working, caring and fun. “He is irreplaceable to us. Our hearts will always be filled with the brightness that he brought to our lives.”
The killings tarnished the image of Thailand’s tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014.
Modal TriggerThai rescue workers wrap the bodies of two British tourists who were found dead on a beach of Koh Tao island.Photo: EPA
From the start, the case raised questions about police conduct. Investigators faced a variety of criticism, starting with their failure to secure the crime scene, and then for releasing several names and pictures of suspects who turned out to be innocent.
After Britain’s Foreign Office expressed concern to Thai authorities about the way the investigation was conducted, British police were allowed to observe the case assembled by their Thai counterparts.
Under intense pressure to solve the case, police carried out DNA tests on more than 200 people on Koh Tao.
The two migrants, who had entered Thailand illegally and were working on the island, were arrested about two weeks after the murders. Police said the pair had confessed to the killings and that DNA samples linked them to the crimes. Both men later retracted their confessions, saying they had been coerced by the police. Police have denied the accusations.
One of the defendants, Win Zaw Htun, also known as Wai Phyo, testified that he was tortured, beaten and threatened so he would confess. He told the court that police handcuffed him naked, took pictures of him, “kicked him in the back, punched him, slapped him, threatened to tie him to a rock and drop him in the sea,” according to defense lawyer Nakhon Chompuchat.
Modal TriggerThein (left), the mother of Myanmar defendant Win Zaw Htun, breaks into tears following a court’s verdict sentencing her son to death.Photo: EPA
Zaw Lin, the other defendant, testified that he was blindfolded, beaten on his chest and told he would be killed if he didn’t admit to the charges, Nakhon said, adding, “He also said he was constantly suffocated by a plastic bag that was put over his head until he passed out.”
The case hinged on DNA evidence that police and prosecutors say links the suspects to the crime but the defense says is flawed.
Thailand’s best known forensics scientist, Porntip Rojanasunand, testified that police had mishandled evidence, including the hoe that authorities say was the murder weapon. She tested the hoe and found that it contained DNA from two males — but not from the suspects.
Human Rights Watch called for the verdict to be reviewed in a “transparent and fair appeal process.”
“In a trial where torture allegations by the two accused were left uninvestigated and DNA evidence was called into question by Thailand’s most prominent forensic pathologist, both the verdict and these death sentences are profoundly disturbing,” said Phil Robertson, deputy director of Human Rights Watch’s Asia division.
About 2.5 million people from Myanmar work in Thailand, most as domestic servants or in low-skilled manual jobs such as construction, fisheries or the garment sector. Migrants are often abused and mistreated without the safeguard of rights held by Thai citizens.
Keep these in mind as you contemplate the direction of the American government over the past 50 years and especially since the Obama election.
The Goals of Communism
(as read into the congressional record January 10, 1963, from "The Naked Communist" by Cleon Skousen)
1. U.S. acceptance of coexistence as the only alternative to atomic war.
2. U.S. willingness to capitulate in preference to engaging in atomic war.
3. Develop the illusion that total disarmament of the United States would be a demonstration of moral strength.
4. Permit free trade between all nations regardless of Communist affiliation and regardless of whether or not items could be used for war.
5. Extension of long-term loans to Russia and Soviet satellites.
6. Provide American aid to all nations regardless of Communist domination.
7. Grant recognition of Red China. Admission of Red China to the U.N.
8. Set up East and West Germany as separate states in spite of Khrushchev's promise in 1955 to settle the German question by free elections under supervision of the U.N.
9. Prolong the conferences to ban atomic tests because the United States has agreed to suspend tests as long as negotiations are in progress.
10. Allow all Soviet satellites individual representation in the U.N.
11. Promote the U.N. as the only hope for mankind. If its charter is rewritten, demand that it be set up as a one-world government with its own independent armed forces. (Some Communist leaders believe the world can be taken over as easily by the U.N. as by Moscow. Sometimes these two centers compete with each other as they are now doing in the Congo.)
12. Resist any attempt to outlaw the Communist Party.
13. Do away with all loyalty oaths.
14. Continue giving Russia access to the U.S. Patent Office.
15. Capture one or both of the political parties in the United States.
16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violate civil rights.
17. Get control of the schools. Use them as transmission belts for socialism and current Communist propaganda. Soften the curriculum. Get control of teachers' associations. Put the party line in textbooks.
18. Gain control of all student newspapers.
19. Use student riots to foment public protests against programs or organizations which are under Communist attack.
20. Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21. Gain control of key positions in radio, TV, and motion pictures.
22. Continue discrediting American culture by degrading all forms of artistic expression. An American Communist cell was told to "eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms."
23. Control art critics and directors of art museums. "Our plan is to promote ugliness, repulsive, meaningless art."
24. Eliminate all laws governing obscenity by calling them "censorship" and a violation of free speech and free press.
25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.
26. Present homosexuality, degeneracy and promiscuity as "normal, natural, healthy."
27. Infiltrate the churches and replace revealed religion with "social" religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a "religious crutch."
28. Eliminate prayer or any phase of religious expression in the schools on the ground that it violates the principle of "separation of church and state."
29. Discredit the American Constitution by calling it inadequate, old-fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.
30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the "common man."
31. Belittle all forms of American culture and discourage the teaching of American history on the ground that it was only a minor part of the "big picture." Give more emphasis to Russian history since the Communists took over.
32. Support any socialist movement to give centralized control over any part of the culture--education, social agencies, welfare programs, mental health clinics, etc.
33. Eliminate all laws or procedures which interfere with the operation of the Communist apparatus.
34. Eliminate the House Committee on Un-American Activities.
35. Discredit and eventually dismantle the FBI.
36. Infiltrate and gain control of more unions.
37. Infiltrate and gain control of big business.
38. Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand.
39. Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40. Discredit the family as an institution. Encourage promiscuity and easy divorce.
41. Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding of children to suppressive influence of parents.
42. Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use united force to solve economic, political or social problems.
43. Overthrow all colonial governments before native populations are ready for self-government.
44. Internationalize the Panama Canal.
45. Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over nations and individuals alike.
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