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Thailand: torture claims in Koh Tao murder case must be investigated

“We saw images of two innocent looking men surrounded by tough policemen”.

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Miller’s and Witheridge’s battered bodies were found September 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.


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However, lawyers representing the defendants said that DNA on the alleged murder weapon – a garden hoe – does not match.


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The two Burmese workers were arrested a few weeks later, whereas the case made headlines in the United Kingdom and Thailand. Mr Miller, 24, also suffered blows to his head. “As there were many disagreements on the validity of the evidence, we should be able to use this point to ask the Court of Appeals to look further”, he said.

An advisor to the defence team who visited the accused on Wednesday said the pair were “tense” and “nervous”.

Some activists have argued that the defendants were scapegoats and that the case highlights Thailand’s ill treatment of migrant workers.

The police probe into the horrific murder was dogged by accusations of mishandling.

Appeals for criminal conviction must be filed within 30 days.

Both defendants, aged 22, initially confessed to the killings but later retracted these statements, saying they had been tortured.

Investigators were accused of failing to properly collect and preserve DNA samples and declining to test key pieces of evidence, such as Witheridge’s clothes, or allow independent examination of the samples.

The murders stained Thailand’s reputation as a tourist haven but did not prompt visitor numbers to significantly tail off in a sector that has remained buoyant despite the nation’s history of coups and conflict.

Demonstrators, including monks, gathered outside Thailand’s embassy after Zaw Lin and Win Zaw Tun were convicted for the murders of David Miller, 24, and Hannah Witheridge, 23. The victims were not a couple and no evidence has been presented that they were having sex when attacked.

YANGON -The Thai Embassy in Yangon on Thursday issued a warning for Thais in Myanmar to take safety precautions as anti-Thai sentiment has emerged on the country’s social media scene after the Koh Samui provincial court sentenced to death two Myanmar men in the Koh Tao murders. The global non-governmental organization also said questionable DNA evidence that linked them to the crime was never analyzed in deep.

But Andy Hall, of the Migrant Worker Rights Network which represented the men, said: “The defendants have said today, whatever the decision, they accept the decision but they believe very strongly that one day the truth in this case will come out. They have shown no remorse during the trial”.

Witheridge’s relatives did not return to Thailand for the verdict.

But standing outside court shortly after the verdict Mr Miller’s brother Michael said justice had “been delivered”, and described the evidence against Lin and Phyo as “absolutely overwhelming”.

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“David always stood up for justice and justice is what has been delivered today”, he said in a statement on behalf of his family.

Protesters