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.