Prosecutors urge DSI to gather more evidence for Saw Chit Thu warrant

Earlier this week, Pol Lt-Col Surawut Rangsai, Deputy Director-General of the Department of Special Investigation (DSI), and his team met with Sakda Klairomsai, Special Prosecutor of the Office of Human Trafficking Cases 1, to discuss submitting a request for arrest warrants for suspects, including Col Saw Chit Thu, Lt-Col Mote Thone, and Maj Tin Win, in connection with human trafficking linked to call-centre operations.

Reports indicate that on February 11, the human trafficking case prosecutors, who are jointly investigating the cross-border case, held a preliminary discussion and found that the evidence may be insufficient for the court to issue warrants. Therefore, they advised the DSI to conduct a more thorough investigation and gather additional evidence before considering submitting a request for arrest warrants to the court.

The DSI discussed the request for arrest warrants with the prosecutors due to the suspects’ involvement in trafficking Indian nationals and forcing them to work in a call-centre gang at Heng Sheng Casino in Myawaddy, Myanmar, across from Mae Sot District, Tak Province, Thailand. 

Thai authorities managed to rescue seven victims, all of whom were deceived and trafficked through Thailand, similar to the case of Chinese actor Xing Xing, who was previously rescued. This led to further investigations to determine those involved in the operation.

However, the DSI reported that two Thai nationals might be linked to the case. They allegedly served as executives and employees of a company providing resort development services in both Thailand and Myawaddy and were involved in the trafficking network that transported victims to work in the call-centre gang.

A source from the Office of the Attorney General stated that the issuance of arrest warrants is a matter between investigators and the court. Investigators must submit a request along with supporting evidence for the court’s consideration. Once the court approves the arrest warrant, investigators can proceed with enforcement.

If the wanted suspects have fled abroad, the requesting investigators will coordinate with Interpol to issue a Red Notice, which will be circulated to all 194 Interpol member countries via an online system. When the notice reaches member countries and the suspect is found residing in one of them, local authorities can apprehend them. If an arrest is made, the host country will hold the suspect under a provisional arrest warrant and notify the requesting country through Interpol.

Upon receiving notification from Interpol, the Office of the Attorney General, as the central coordinating body, will determine the suspect’s location. If they are in custody, the Office of the Attorney General will coordinate with the Ministry of Foreign Affairs to formally request extradition so that the suspect can be brought back to Thailand for prosecution.

The general criteria for extradition include: the offence must be a serious criminal case, it must be recognized as a crime in both countries, and it must not be a political or religious case.

There are two ways to request extradition:

• Extradition Treaty – If there is an extradition treaty between the countries, the request is processed based on the terms outlined in the agreement.
• Reciprocity Principle – In cases where no treaty exists, the requesting country can provide a formal commitment that it will reciprocate in future extradition requests.

However, extradition requests are not always granted, as the decision ultimately rests with the destination country. In most cases, the country’s judicial system will review the request, allowing for appeals against the ruling. The timeline and process vary by country.

Additionally, in some nations, even if the court approves extradition, the decision must undergo an executive review, where the government assesses diplomatic and political implications before proceeding. There have been cases where courts approved extradition, but the executive branch blocked it due to international relations concerns—especially when multiple countries were seeking the same suspect, as extraditing to one could strain diplomatic ties with others.

The key factor for the court to issue an arrest warrant is the evidence that convinces the court that an offense has likely been committed.

Reports indicate that if this case proceeds as an extraterritorial offense, the law mandates that the Attorney General serves as the lead investigator or appoints investigators. Typically, once an investigation is initiated, the Attorney General assigns prosecutors from the Office of Investigation to participate.

However, in extraterritorial human trafficking cases, the Attorney General often assigns prosecutors from the Human Trafficking Litigation Office to collaborate directly with investigators. This ensures a smooth and coordinated process, given the specialized expertise of the office.

Nevertheless, some argue that this practice may undermine checks and balances, as it consolidates both the investigation and prosecution within the same office—potentially raising concerns about impartiality and oversight.