Acquittal of fishing boat captain angers human rights campaigners

By Chularat Saengpassa 
The Nation

 

 

THE HUMAN Rights and Development Foundation has pledged to appeal against a court decision to acquit fishing trawler captain Prawit Kimsai over the enslavement of 15 migrants from Myanmar.

 

The Court of Appeals yesterday convicted six defendants, including Somphon “Ko Nang” Jirojmontri, former president of Trang’s Fisheries Association, and Wichai Riabroi, a security guard who supervised the human-trafficking victims. It also upheld the lower court’s order that the defendants pay Bt1.99 million compensation to the migrants. 

 

File photo

 

However, the court upheld Prawit’s appeal against conviction, saying there had not been sufficient evidence to back allegations that he had forced the victims to work under harsh conditions. 

 

The court also reduced the prison sentences against Somphon, Somjit “Mae Saw” Srisawang, and her husband Phaiwong Chaiphonrit to 10 years from 14, ruling that their crimes had occurred when the old law on human trafficking was still in effect and carried only a maximum punishment of 10 years. 

 

“This is an interesting case on debt bondage,” Papop Siamhan, coordinator of the Human Rights and Development Foundation (HRDF) Anti-Human Trafficking in Labour Project, said yesterday. 

 

He said the 15 victims were forced to work like slaves because their agents told them that they had to repay the huge debts incurred in trying to find them jobs in Thailand. 

 

“The victims will get compensation when the case gets a final court ruling. As for now, we plan to appeal to the Supreme Court over the Appeals Court’s decision,” Papop said. At present, all victims have already returned to Myanmar. 

 

In Papop’s opinion, the captain of the fishing trawler should have also been convicted. 

 

He said his legal team would definitely appeal to the Supreme Court. 

 

“But given that we will have to prepare many documents, we hope we will be allowed to lodge the petition in 60 days, not just 30 days, after the Appeals Court’s verdict came out,” he said. 

 

The case was highlighted in the media in October 2015, when authorities stepped in to help 15 fishing workers from Myanmar who had reportedly been held |captive, subjected to physical |violence and denied their full wages. 

 

Authorities then tracked down Somphon, the managing partner of the Boonlarp Fishery Limited Partnership. He was arrested on November 7, 2015 with several others on charges related to the trafficking of at least three people, an offence against the Anti-Trafficking in Persons Act BE 2551 (2008). 

 

A new anti-trafficking law came to into effect early last year, prescribing harsher punishments for offenders. 

 

The first court to hear the case convicted six defendants, including Prawit, last March and acquitted Wichai, but the Appeals Court then dropped the case against Prawit and convicted Wichai instead.

 

Source: http://www.nationmultimedia.com/detail/national/30337555

 

-- © Copyright The Nation 2018-01-31

tell that to the EU if you dare? How the hell does anyone put up with a little thai giving orders I will never know. A quick kick in the nuts with inform little thia of his standings and yes I have done it to the brotherinlaw who ran off to get his friends who all decided they where ill that day. Then two days of saying he would kill me and that is what started it when he threatened to kill my wife his sister. 12345 just go for the nuts and they disappear for a few days. then when he tried it on my wife's father as he needed money, hand over nuts as he ran up the road and I did not move, just looked. Nutters. yes right foot did connect and it was a Liverpool penalty. Best goal I ever scored in my life.

Slavers in the 21st century, it's not just Thailand that needs to deal with it.  How about our glorious western nations who champion justice and liberty, we all need to try harder to rid  the world of this scourge.

The next appeal will probably recommend charging the victims for not having a work permit

Well that news headline has not come out the way the govt wanted. When are the next TIP and EU fishing reports due?

Surely the captain was aiding and abetting.

If they are not permitted extensions on their appeals then this is corruption at it's highest levels.

 

I had a crazy farang charge me with assault recently for ordering him to leave my office. Thankfully I had CCTV and many witnesses.

 

The case has dragged on for almost 2 years and I was finally found not guilty by the judge.

 

Even though the plaintiff was willing to drop the charges, before the first case continued, the prosecutor would not, saying that I had to plead guilty or he would see the case all the way to the supreme court. I said "I am not guilty so ok, see you in the supreme court"

 

The not guilty verdict was handed down first week in Nov with a 30 day appeal window. The prosecutor has now requested 2 appeal extensions, which he was granted. I believe he is only entitled to one more extension.

 

If the courts would grant an appeal extension for such a useless case as this, where no one was injured, where I have already been found not guilty, and where the plaintiff has agreed to drop the charges, then there is no way that this appeal extension should be refused for such a high profile case with international ramifications. But TIT. 

8 hours ago, webfact said:

“This is an interesting case on debt bondage,” Papop Siamhan, coordinator of the Human Rights and Development Foundation (HRDF) Anti-Human Trafficking in Labour Project, said yesterday. 

 

He said the 15 victims were forced to work like slaves because their agents told them that they had to repay the huge debts incurred in trying to find them jobs in Thailand. 

 

“The victims will get compensation when the case gets a final court ruling. As for now, we plan to appeal to the Supreme Court over the Appeals Court’s decision,” Papop said. At present, all victims have already returned to Myanmar. 

 

In Papop’s opinion, the captain of the fishing trawler should have also been convicted.

I hope HRDF will back the 15 by taking a civil case out against the captain. 

Migrants? What migrants. Oh! You mean our slaves. That's ok by the Govt standard. Racism.