V. Legal Framework and Analysis 104 A Thai police colonel also testified that his investigation into the trafficking network identified a “commander” overseeing trafficking operations named Pajjuban Aungkachotephan, aka Ko Tong, described as a “prominent businessman and former politician in the [Thai] southern province of Satun,” who was a “kingpin” and “mastermind” in the trade. 453 According to news reports, police accused Ko Tong of using private resorts he owned on Andaman Sea islands to “shift boatloads of migrants to the mainland, where they were packed into lorries and taken to the fetid camps straddling the Malaysia border.”454 The Court also found Ko Tong to be responsible for paying off a key Thai general— Lieutenant-General Manas Kongpaen, who was in charge of the Thai government’s “push-back” policy to turn back ships of Rohingya refugees fleeing persecution in Myanmar.455 According to press reports, General Manas abused his position and re-routed ships to members of the syndicaate for onward movement to the human-trafficking camps along the Malaysia-Thailand border.456 According to one report, General Manas’ conviction was based on evidence that he received financial kickbacks from Ko Tong. Separate reporting states that General Manas received at least US$1 million (4 million Malaysian Ringgit) in payments.457 The Court ultimately convicted General Manas of human trafficking and other crimes and sentenced him to 27 years in prison.458 For his payments to General Manas and role in facilitating the trafficking network, Ko Tong reportedly received a sentence of 78 years.459 The mayor of Padang Besar in Thailand’s Songkhla Province, Banjong Pongphon, also appears to have held a leadership role in the trafficking network.460 Indeed, the verdict sentencing Banjong found that he “controlled the network.” Padang Besar is a border town between Thailand and Malaysia and only 25 kilometers (15.5 miles) from Wang Kelian in Malaysia’s Perlis State. Padang Besar is also where Thai authorities discovered the mass grave of 36 suspected trafficking victims. Thai police described Banjong as a “key suspect” who “wielded great influence in the area.”461 According to reports from Ko Tong’s testimony, phone records show Ko Tong and Banjong communicated regularly via telephone.462 The Thai court found that Banjong “facilitated [the trafficked persons] transfer to relatives in Malaysia or Myanmar after a payment of between 30,000 Thai Baht (US$892) and 150,000 Thai Baht (US$4,465).” 463 The court went on to note that “many who were unable to pay the fee were tortured 453 Fortify Rights internal report on human trafficking case, testimony of the former Superintendent of Satun Police Station, Pol. Col. Sakesan, trial monitoring notes, Rachada Criminal Court, Human Trafficking Division, Bangkok, June 22,2016. See also, “Guilty Verdicts for Rohingya Trafficking Deaths,” Al Jazeera. 454 “Thai General, Cops, Politicians Jailed for Human Trafficking,” Agence France-Presse. 455 See, “Guilty Verdicts for Rohingya Trafficking Deaths,” Al Jazeera. 456 “Rise and Fall of General Manas: Thailand’s Top Trafficker,” Straits Times, July 23, 2017. 457 Ibid. 458 Tan Hui Yee, “Thai General Gets 27 Years’ Jail for Human Trafficking,” Straits Times, July 20, 2017, https://www. Straitstimes.Com/Asia/Se-Asia/Thai-General-Gets-27-Years-Jail-For-Human-Trafficking (accessed March 25, 2019). 459 “Thailand: Ex-General, Dozens Convicted in Landmark Human Trafficking Case,” Radio Free Asia, July 19, 2017, https:// www.Rfa.Org/English/News/Myanmar/Thailand-Trafficking-07192017170855.Html (accessed March 25, 2019). 460 “Thai General Gets 27 Years’ Jail for Human Trafficking,” Straits Times. 461 Ibid. 462 Nontarat Phaicharoen, “Thailand: Defense Phase Under Way In Landmark Human Trafficking Trial,” Benar News, January 25, 2017, https://www.Benarnews.Org/English/News/Thai/Human-Trafficking-01252017171423.Html (accessed March 25, 2019) (“‘Banjong called me when his friend visited my neighborhood, asking for recommendations for sight-seeing,’ Pajjuban said, adding that any phone calls between them were in no way linked to the 13 trafficking charges against him.”) 463 “Thailand: Ex-General, Dozens Convicted in Landmark Human Trafficking Case,” Radio Free Asia.

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