91
This report documents over 800 deaths of victims in the custody of traffickers. Traffickers deprived
the men, women, and children in their custody of food, water, shelter, and mobility.321 On the
ships, witnesses interviewed for this non-exhaustive report saw more than 112 people die from
both intentional killings and the deprivation of food and water.322 Traffickers limited food to a
small amount of rice and did not provide water for many of the victims.323 A tour-boat operator who
offered water to a ship of trafficking survivors observed children explain that they had resorted to
drinking urine.324
In the camps, including in Wang Kelian, witnesses saw more than 700 men, women, and children die
in the custody of traffickers who withheld food, water, and shelter.325 One man who witnessed more
than 25 deaths in the camps recalled deaths occurring so frequently that when he buried bodies in
the morning he would find additional people had died by the time he returned to the camp.326 At
Wang Kelian, witnesses saw bodies of those who died in the camps in a large hole or mass grave.327
Traffickers knew that victims held in these conditions would die. Known traffickers interviewed
for this report acknowledged that people could not survive the conditions on the ships and in the
camps for extended periods of time.328 One trafficker told Fortify Rights, “If they cannot pay, they
have to stay in the camps, sometimes one month, two months, or six months, and then they die.”329
This mass destruction of life is similar to multiple situations where the ICC and ad hoc tribunals have
found extermination. This report documents hundreds of deaths due to the conditions imposed
by the traffickers. Further, the statements by the traffickers interviewed for this report combined
with eyewitness reports of traffickers beating to death those who could not pay provide reasonable
grounds to believe that the traffickers created conditions intended to kill those who could not
provide sufficient payments to the traffickers. Given the facts of this case and that the Akayesu
tribunal found that perpetrators committed extermination based on the killing of 16 people, there
are reasonable grounds to believe that the killings of at least hundreds of men, women, and children
by the trafficking syndicate qualify as extermination.330
321 See, Chapter I. Section, “Deprivation of Food, Water, and Physical Space.” Fortify Rights interview with #04, Kuala
Lumpur, Malaysia, August 10, 2014; Fortify Rights interview with #75, Kuala Lumpur, Malaysia, September 27, 2014;
Fortify Rights interview with #69, Penang State, Malaysia, October 1, 2014. The Commissioner interviews with W1W18, Alor Setar, Kedah State, November 2016.
322 See, Chapter I. Section, “Killings, Deaths from Deprivations, and Suicides;” Chapter II. Section, “Killings and
Preventable Deaths.” Fortify Rights interview with #15, Kuala Lumpur, Malaysia, August 12, 2014; Fortify Rights
interview with #10, Kuala Lumpur, Malaysia, August 11, 2014.
323 See, Chapter I. Section, “Deprivation of Food, Water, and Physical Space.”
324 Ibid. Fortify Rights interview with #117, Chaiwut Chusakun, Songkhla Province, Thailand, May 17, 2015.
325 See, Chapter II. On Land: Abuses at Human-Trafficking Camps and Houses in Thailand and Malaysia.
326 See, Chapter II. Section, “Mass Graves on the Malaysia-Thailand Border.” Fortify Rights interview with #43, Songkhla
Province, Thailand, September 17, 2014.
327 The Forensic Department of Sultanah Bahiyah Hospital determined that 152 remains were exhumed from the mass
graves discovered on Wang Burma hill near 28 trafficking camps. See, Chapter II. Section “Mass Graves on the
Malaysia-Thailand Border.” The Commission interview with W19. See also, the Commission interview with hospital
staff, 2018. See also, Chapter III. Section, “Statement of ‘Dr. L,’ Head of Forensic Department, Sultanah Bahiyah
Hospital of Alor Setar, Kedah State.”
328 See, Chapter I. Section, “Deception.” Fortify Rights interview with group of human traffickers, #74, Selangor State,
Malaysia, September 27, 2014. Fortify Rights interview with #60, Kuala Lumpur, Malaysia, September 28, 2014.
329 Fortify Rights interview with #60, Kuala Lumpur, Malaysia, September 28, 2014.
330 Akayesu, Case No. ICTR-96-4-T, para. 735-44. However, many cases do discuss far higher numbers. See, for example,
Prosecutor v. Seromba, ICTR, Case No. ICTR-2001-66-I, Judgment (Trial), December 13, 2006, para. 365 (finding
that “the destruction of [a] church, which resulted in the death of 1,500 Tutsi refugees, constitutes the crime of
extermination.”)