Case Law Database

Trafficking in persons

Other Crimes

Samaesan

Fact Summary

All of the victims and some other Myanmar citizens wanted to work in Thailand. They – therefore – contacted a Myanmar middleman, who helped them enter Thailand illegally. In return, each victim had to pay the middleman between 8,500 and 12,000 Baht. The victims were told that they would be working in a food or fruit processing factory. In April 2012, the 1st, 2nd and the 3th victim travelled with Mr. M. T. and the 6th and the 7th victim travelled with Mr. J. T. to Thailand.

In order to get in to Thailand, they had to travel by car, boats as well as on foot. Along the way to the border, the middlemen collected some other Myanmar citizens, who also wanted to go to Thailand for finding a job. Once they arrived at the border, they entered Thailand illegally on foot in Mae Sod District, Tak Province. The 6th and 7th victim travelled together with other 40 Myanmar citizens by several pickup trucks to Bangkok, where they spent a night before they left for a dock in Cholburi Province in the next morning. At the same time, the 1st and 2nd victim and other 71 Myanmar citizens travelled directly to a dock in Chonburi Province by several pickup trucks.

At the Suvit-Jetty in Samaersan Subdistrict, Sattahip District in Chonburi Province, four of the victims (the 1st, 2nd, 6th and the 7th victim) first met the defendant – Mr. Uu Wen or Uu Win or Uu Wong – and were told by the defendant that each of them were sold at 12,500 Baht to him to work in fishing trawlers. In order to pay off this debt, the victims were forced to work in the vessels. Whenever they refused to work, they would be beaten up or they would be threatened to be killed.

The 1st victim had to work in the fishing trawler number 56, which was controlled by skipper Tong Chui. The 2nd victim was sent to the trawler number 12, the 3rd and the 6th and the 7th victim to the trawler number 75, which is controlled by skipper Ga Dong. A fishing expedition took normally 15 – 20 days. During the trip, the victims had to do all the works needed to be done on the trawlers, i.e. spreading out the fishing net on the water, hauling them back in, sorting the catch, storing the fish in the boxes and covering them with ice. In case the victims became too ill to work or did not work fast enough, they would be beaten up or would be harmed with knives or with an electric shocker. All the victims were hence too frightened to escape.

After docking in the port, all nine victims had to sleep in the trawlers, where they were strictly controlled by the defendant or trawler’s skippers. Some of the victims were allowed to sleep in a wood row house near the trawlers, which was under strict control of the defendant and his accomplices.

As the trawler number 12 and 56 docked in June 2012, the 1st and 2nd victim secretly informed Mr. K. T. – the elder brother of the 1st victim and also a relative of the 2nd victim – and asked him for help. Mr. K. T. informed the Department of Special Investigation (DSI) and the “Labor Right Promotion Network Foundation” of the situation of his younger brother and his relative. By prior arrangement with the police, Mr. K. T. negotiated with Mr. Tong Chui and paid 15,000 Baht for the release of the 1st victim.

Later in June 14, 2012, the 2nd victim successfully contacted and asked Mr. K. T. again for help. By prior arrangement with police officer and according to the prior negotiation between Mr. K. T. and the defendant, 15,000 Baht was handed over to the defendant for the release of the 2nd victim. The police could successfully take evidence photographs of the persons involved during the negotiation and the money handover.

After the release of the 2nd victim, the police and officers from DSI (Department of Special Investigation) planned a rescue operation of trafficking victims. On July 26, 2012 the officers got a search and arrest warrant from the court. By this operation the 3th victim and another 11 trafficked victims – including the 4th – 9th victim – were successfully rescued. The defendant was arrested, electric shocking devices were seized.

The 1st, 2nd, 6th and the 7th victim testified in court and informed the court of their situation on the trawlers. The content of their testimonies in court corresponded to the statement of the rest of the victims given to investigating officers and the statements of those given through an interpreter.

Sentence Date:
2013-01-28
Author:
Centre Against International Human Trafficking, Office of the Attorney General

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Acts:
Recruitment
Transportation
Means:
Threat or use of force or other forms of coercion
Deception
Purpose of Exploitation:
Forced labour or services
Form of Trafficking:
Transnational
Organized Criminal Group
Sector in which exploitation takes place:
Other sectors

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Myanmar

Thailand

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Victims / Plaintiffs in the first instance

Victim:
S.L.
Gender:
Male
Nationality:
Of Myanmar
Victim:
M.K.
Gender:
Male
Nationality:
Of Myanmar
Victim:
T.L.
Gender:
Male
Nationality:
Of Myanmar
Victim:
J.Y.
Gender:
Male
Nationality:
Of Myanmar
Victim:
C.T.
Gender:
Male
Nationality:
Of Myanmar
Victim:
M.T.
Gender:
Child
Nationality:
Of Myanmar
Age:
12
Born:
2000
Victim:
T.P.
Gender:
Child
Nationality:
Of Myanmar
Age:
16
Born:
1996
Victim:
J.T.
Gender:
Child
Nationality:
Of Myanmar
Age:
17
Born:
1995
Victim:
M.J.
Gender:
Male
Nationality:
Of Myanmar

Defendants / Respondents in the first instance

Defendant:
Uu Wen or Uu Win or Uu Wong
Gender:
Male
Nationality:
Of Myanmar
Legal Reasoning:

The defendant pleaded guilty.

In the light of the testimonies and the statements of the witnesses and the relevant circumstances, the court found the defendant guilty as charged.

Charges / Claims / Decisions

Defendant:
Uu Wen or Uu Win or Uu Wong
Legislation / Statute / Code:

Section 310 bis of the Thai Penal Code:

Whoever defines or confines another person, or does by any means to deprive such person of his or her liberty; or forces such person to do any act for the offender or for any other person shall be liable to imprisonment for not exceeding five years and a fine of not exceeding ten thousand Baht.

Charge details:
Deprivation of Liberty of Others
Verdict:
Guilty
Legislation / Statute / Code:

Section 312 bis, para. 1 of the Thai Penal Code

Where the offence under Section 310 bis or Section 312 is committed against a child not yet over fifteen years of age, the offender shall be liable to imprisonment from three years to ten years and a fine of not exceeding twenty thousand Baht.

Charge details:
Deprivation of Liberty of a Child
Verdict:
Guilty
Legislation / Statute / Code:

Section 312 ter, para 1 and 2 of the Thai Penal Code:

Whoever Dishonestly receives, disposes of, procures, seduces or takes any person over fifteen years but not yet over eighteen years of age, irrespective of having consent of such person, shall be liable to imprisonment for not exceeding five years or a fine of not exceeding ten thousand Baht, or both.

Where the offence under the first paragraph is committed against a child not yet over fifteen years of age, the offender shall be liable to imprisonment for not exceeding seven years or a fine of not exceeding fourteen thousand Baht, or both

Charge details:
Dishonestly Receiving, Disposing of, Procuring, Seducing or Taking Away of Minor
Verdict:
Guilty
Legislation / Statute / Code:

Section 6 (1) of the Anti-Trafficking in Persons Act B.E. 2551 (2008):

Whoever, for the purpose of exploitation, does any of the following acts:

(1) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person, by mean of the threat or use of force, abduction, fraud, deception, abuse of power, or of the giving money or benefits to achieve the consent of a person having control over another person in allowing the offender to exploit the person under his control; or

(2) procuring, buying, selling, vending bringing from or sending to, detaining or confining, harboring, or receiving a child;

is guilty of trafficking in persons.

Charge details:
Trafficking in Person for Labour Exploitation
Verdict:
Guilty
Legislation / Statute / Code:

Section 10 of the Anti-Trafficking in Perons Act B.E. 2551 (2008):

In case where an offence stipulated in Section 6 is accured by the commission of person as from three persons upwards or of the member of an organized criminal group, such offenders shall be liable to heavier punishment.

Charge details:
Trafficking in Person Committed by an Organized Criminal Group
Verdict:
Guilty
Legislation / Statute / Code:

Section 63 para 1 of the Thai Immigration Act

Charge details:
Smuggling of Migrants
Verdict:
Guilty
Legislation / Statute / Code:

Section 64 para 1 of the Thai Immigration Act

Charge details:
Assisting Illegal Immigrant to Illegally Stay in the Kingdom
Verdict:
Guilty
Term of Imprisonment:
33 years
Compensation / Payment to Victim:
No 
Fine / Payment to State:
No 

Court

Criminal Court in Bangkok