GENEVA - UN human rights experts* today called on the Government of Malaysia to apply the principle of non-punishment for victims of human trafficking and release Thanakorn Sinsanoi, a transgender woman with disabilities currently serving a 30-year sentence in a male prison.
"Failure to properly assess the human trafficking signs indicating that Thanakorn Sinsanoi could be a victim of trafficking may have resulted both in denial of the right to protection and assistance to a trafficking victim, and in a failure to apply the non-punishment principle," the experts said.
They expressed serious concern that there has been a failure to properly assess whether Sinsanoi is a victim of trafficking in persons for the purpose of forced criminality.
In a letter to the Malaysian government, a group of UN human rights experts raised concerns about the situation of Thanakorn Sinsanoi. Sinsanoi was arrested on 13 July 2013 at Kuala Lumpur International Airport on a drug trafficking offence. She is currently serving a 30-year sentence in a male prison facility. Sinsanoi's health has significantly deteriorated, and her mobility has also been severely affected. Due to Sinsanoi's medical condition, and disability, she requires assistance from other prison inmates for all aspects of her daily life, including basic necessities and care.
The experts welcomed Malaysian Government's efforts to provide a response to the concerns they had expressed, especially with regard to information on the Malaysian Prison Department petition to the Selangor State Pardons Board on 22 November 2024 requesting leniency in the prisoner's sentence on the grounds of her health condition, which makes it inappropriate for her to remain in prison for a longer period. However, as the experts stressed, "Ms Sinsanoi remains in prison, her health continues to deteriorate, and her life is at risk.".
In view of the circumstances of her case, the experts urged Malaysian authorities to review the case of Thanakorn Sinsanoi, reiterated obligations to apply the principle of non-punishment, and the duty of States to identify, assist and protect victims of trafficking, including victims with disabilities.
"We urge the authorities to immediately release and refer Ms Sinsanoi to appropriate support services," they said.
