Koh Tao murders

On 15 September, the bodies of Hannah Witheridge and David Miller were found on Sairee Beach on the island of Koh Tao, between 4 and 5 am, a few hours after their deaths.

Two weeks later, two illegal Burmese migrant workers were charged for the murders, primarily on the basis of DNA evidence, and confessed following an hours-long interrogation.

The police investigation and criminal trial were widely criticised by international media, human rights organisations, and legal experts.

Measuring 21 square kilometres (8 sq mi) in area, it is the smallest of three popular tourist islands in the Gulf of Thailand.

[1] Receiving half a million visitors each year,[1] Koh Tao is especially popular with backpackers and known for its marine life and scuba diving.

Burmese migrant workers made up an additional 5,000, around 2,000 of these being illegal immigrants who bribe local police by paying 500 baht each month.

He was travelling Southeast Asia with a friend after completing a six-week work placement in Australia with a mining company,[6][8][9] and arrived in Thailand in August.

[1][11][18] A bloody hoe, believed to be the murder weapon, and a wooden club were found near the bodies,[19][4][14] along with three cigarette butts and a used condom.

[1] After initially failing to find a match to one of the migrant workers, the police focused their attention on Western tourists related to the victims.

[10][32] They highlighted a British tourist who had shared a room with Miller as a suspect, labelling it a "crime of passion"; he became the subject of a nationwide manhunt before the police quickly dropped the lead.

[34][35] According to the prosecution in the subsequent case, CCTV footage analysed by the police showed three individuals riding a motorcycle to 7-Eleven, where they bought beer and cigarettes, before going towards Sairee Beach.

[1][15][21] During interrogation, in which the police used Burmese food vendors as interpreters[35] because the pair could not speak Thai,[41] the suspects confessed to the murders.

[46] The police then forced the suspects to re-enact the murder in front of media,[34] a move condemned by legal experts as prejudicing a fair hearing.

[47] Thailand's National Human Rights Commission attempted to investigate the allegations, but police representatives did not appear at four scheduled meetings.

A request by the defence to delay the hearing and allow more time to prepare was denied by a judge at the Koh Samui Provincial Court.

[44] In December 2014, the suspects were each indicted on five charges: premeditated murder, killing to conceal a criminal offence, rape, illegal entry into Thailand, and staying in the country without permission.

[51][21] The trial was attended by external observers, including representatives from Amnesty International and the UK's Foreign, Commonwealth and Development Office.

[53] The prosecution's case focused on findings of the police and medical examiner, with an emphasis on the DNA evidence found on Witheridge's body.

[59] The defence struggled to find members of the public willing to testify at the trial, as many feared retribution,[1][60] hence their alibi was not considered convincing by the court.

The DNA analysis in the case, which was not subject to independent oversight or verification, was provided to the court as a one-page summary with four supporting pages, some of it handwritten with amendments.

[31] Media reports speculated that was because the defence was wary of calling on foreign experts fearing it could appear as undermining the Thai justice system, and could bias the judges against their case.

[66] On 24 December 2015, Zaw Lin and Wai Phyo were found guilty of murdering Witheridge and Miller by the three judges, and were sentenced to death.

[72] The Supreme Court of Thailand upheld the sentence in August 2019, stating that the police handled the case correctly and the forensic evidence was "clear, credible, and detailed".

[42][48] Amnesty International stated that Thailand "must initiate an independent, effective and transparent investigation into mounting allegations of torture and other ill-treatment by police".

[47][75][12] Human Rights Watch said the case was "profoundly disturbing" and called for the verdict to be reviewed in a "transparent and fair appeal process".

"[78] Another commentary in the paper stated that the "overwhelming public skepticism ... stems from the police's longstanding notoriety for arresting poor and powerless scapegoats to save rich criminals who can afford to buy their innocence".

[80][81] The Prime Minister of Thailand, Prayut Chan-o-cha, said "[foreign female tourists] think our country is beautiful and safe and they can do whatever they want, wear bikinis wherever they like.

The country's prime minister, who had been phoning the national police chief daily for updates on the investigation, said "this should not have happened at all, as it will affect Thailand in the eyes of the international community".

[93] Amid the investigation, Tourism and Sports Minister Kobkarn Wattanavrangkul visited Koh Tao on 28 September 2014 in an attempt to reassure tourists.

[1][96] Although tourist arrivals to Koh Tao dropped in the months immediately following the murders, there was little lasting effect on tourism to the island.