The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of the Lao People’s Democratic Republic on 13 September 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this time frame. If a reply is received it will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topic: allegations of arbitrary and incommunicado detentions, enforced disappearances, violations of fair trial, intimidation, extrajudicial killings and renditions in relation to eight human rights defenders. These include Mr. Somphone Phimmasone, Mr. Soukane Chaithad, Ms. Lodkham Thammavong, Mr. Od Sayavong, Mr. Phouvong Sayaseng, Mr. Leokham Losavath, Mr. Phetphouthone Philachanh and Mr. Bounsuan Kitiyano.
Mr. Somphone Phimmasone is a Lao pro-democracy activist and human rights defender, as well as a member of “Free Laos”. He also worked as a security guard at a factory and was previously resident in Bangkok before his arrest.
Mr. Soukane Chaithad is a Lao pro-democracy activist and human rights defender, as well as a member of “Free Laos”. He also worked as a delivery driver in Bangkok where he was previously resident prior to his arrest.
Ms. Lodkham Thammavong is a Lao woman human rights defender and pro-democracy activist, as well as a member of “Free Laos”. She also worked as a domestic worker and was previously resident in Bangkok prior to her arrest.
Mr. Od Sayavong is a Lao pro-democracy activist and human rights defender, member of “Free Laos” and one of the founders of the “Lao United Labour Federation in Thailand”, who disappeared in Bangkok, Thailand, on 26 August 2019. At the time of his disappearance, he was resident in Thailand as a UNHCR-recognized refugee.
Mr. Phetphouthone Philachanh is a Lao pro-democracy activist and human rights defender, a member of “Free Laos” and one of the founders, and former Vice-President, of the Lao United Labour Federation in Thailand. His whereabouts have remained unknown since his arrest on 14 November 2019. In addition to this, Mr. Phetphouthone Philachanh was also the housemate of Mr. Od Sayavong at the time of Mr. Sayavong’s disappearance and was the last person to see Mr. Sayavong before he disappeared. At the time of Mr. Philachanh’s own disappearance in Vientiane, Lao PDR, Mr. Philachanh was registered as an asylum seeker with the UNHCR in Thailand and was awaiting the outcome of his Refugee Status Determination (RSD).
Mr. Bounsuan Kitiyano was a pro-democracy activist and human rights defender, as well as a member of the “Free Laos” movement and “the Lao United Labour Federation” in Thailand. His was found dead on 17 May 2023. As an active participant in these organisations, Mr. Kitiyano engaged in human rights activities in Thailand, where he attended peaceful demonstrations at the Embassy of Lao PDR in Bangkok in both 2015 and 2018. While living in Bangkok, Mr. Kitiyano also resided with two other members of “Free Laos”, namely Mr. Od Sayavong and Mr. Phetphouthone Philachanh, who were both victims of alleged enforced disappearances in 2019. At the time of his death, Mr. Kitiyano was a UNHCR-recognized refugee in Thailand, about to be resettled to a third country.
Mr. Phouvong Sayaseng was a human rights defender and pro-democracy activist who was found dead on 18 July 2020 following his dissapearance. He was affiliated with the Germany-based organisation “Alliance for Democracy” (ADL) in Lao PDR. He was also among the organizers of the protests that were supposed to take place in Vientiane in November 2019 but which were called off at the last minute due to arrests by Lao law enforcement authorities. In March 2020, Mr. Phouvong Sayaseng was nominated as the country representative of “ADL” in Lao PDR.
Mr. Leokham Losavath was a human rights defender, pro-democracy activist and car mechanic from Thin village, Xay City, situated in the Oudomxay province of Lao PDR. He died after being attacked on 12 June 2020. He was also a satellite member of the “Alliance for Democracy” (ADL) network inside the country. As part of his involvement in the group, Mr. Losavath provided transportation services to ADL members to facilitate their activities.
ALLEGATIONS
Background information:
Between 2016 and 2023, at least eight members of the “Free Laos” movement (FL), and related organizations, have been subjected to multiple human rights violations. These have included alleged enforced disappearances, including alleged extra-territorial renditions, extra-judicial killings, arbitrary detentions, incommunicado detention, and long-term sentencings. Many of these victims may be characterised by their work in defence of human rights, both within Lao PDR and outside of it. These human rights defenders have, through their activism both online and offline, exercised their rights to freedom of opinion and expression, of peaceful assembly and of association, to denounce alleged wrongdoings by the Government of Lao PDR, and to voice criticisms in relation to this.
The Special Procedures’ mandate holders have in the past alerted the Government of Lao PDR to what appears to be a deeply concerning pattern of violations, whereby Vietnam and Thailand coordinate with one another to facilitate the extra-territorial abduction and rendition of activists and human rights defenders.
The case of Ms. Lodkham Thammavong, Mr. Soukane Chaithad and Mr. Somphone Phimmasone:
On 13 December 2015, Ms. Lodkham Thammavong, Mr. Soukane Chaithad and Mr. Somphone Phimmasone participated in peaceful protests outside the Embassy of Lao PDR in Bangkok with other “Free Laos” members.
On 18 February 2016 Ms. Thammavong, Mr. Chaithad and Mr. Phimmasone returned to Laos from Thailand to renew their passports.
On 4 March 2016, while in Lao PDR, Ms. Lodkham Thammavong and Mr. Somphone Phimmasone were arbitrarily arrested in the village of Ban Vang Tay, in the Nong Bok District, situated in the Khammuan Province of Lao PDR.
On 22 March 2016, Mr. Soukane Chaithad was subsequently also arbitrarily arrested at the Lao Ministry of Public Security head office (“Ko Po So”) in Savannakhet City, Lao PDR.
They were subsequently trialled in secret and found guilty of breaching articles 56, 65 and 72 of the Penal Law 2005. They received lengthy sentences, up to 20 years in prison.
The case of Mr. Od Sayavong:
On 15 March 2019, Mr. Od Sayavong met with the Special Rapporteur on extreme poverty and human rights in Bangkok, prior to the Special Rapporteur’s visit to the Lao People’s Democratic Republic from 18 to 28 March 2019. In September and October 2019, the Special Rapporteur raised concerns that this cooperation may have possibly contributed to Mr. Sayavong’s alleged disappearance (LAO 2/2019) and noted that everyone should have unhindered access to and communication with the United Nations in the field of human rights[1].
On 26 August 2019, at around 5.30 p.m., Mr. Od Sayavong disappeared after he left his home in the Bueng Kum District of Bangkok to join two of his housemates for dinner at the restaurant where he worked as a cook. As per closed circuit television (CCTV) footage, no person resembling Mr. Sayavong was seen leaving the house before the appearance of a white van. Though it is suspected that Mr. Sayavong was a victim of enforced disappearance and extra-territorial rendition, Thai Police informed Mr. Sayavong’s family in March 2022 that the investigation into his disappearance was being closed on account of no evidence having been found that could advance the case.
To date, his fate and whereabouts remain unknown.
The case of Mr. Phouvong Sayaseng:
On 12 November 2019, at around 1 p.m., Mr. Phouvong Sayaseng was arrested by police authorities of Lao PDR in relation to peaceful protests that were scheduled to take place in Vientiane on 11 November 2019, due to coincide with the “That Luang” festival celebrations, of which he was an organiser. The demonstrations were ultimately called off when police became aware of the plan. Mr. Sayaseng’s arrest was one of the eight organisers arrested following the planning of the event in question.
On 16 November 2019, Mr. Sayaseng, was released on account of a lack of evidence for any crime committed. His release coincided with that of six of the eight organisers who had previously been detained.
On 15 July 2020 Mr. Sayaseng, left his home in Thasi Village, Bolikham City, in the Bolikhamxay province of Lao PDR, to attend a funeral. This was the last time he was seen.
It is reported that around this time, Mr. Sayaeng told his friends that he had evidence that his life was in danger. According to the information received, screenshots from a Facebook conversation showed that he was being targeted by Lao Police and that certain officers were calling for him to be hunted down and killed.
On 18 July 2020, the body of Mr. Phouvong Sayaseng was discovered not far from his home. The body displayed multiple signs of gunshots.
Although the family reported the case to the Police at the time, to date the investigation into the disappearance and subsequent killing has not identified the perpetrators responsible.
The case of Mr. Phetphouthone Philachanh:
On 13 November 2019, Mr. Philacanh arrived in Vientiane to visit his family. He had previously relocated to Thailand as a result of purported persecution in his country of origin, Lao PDR. In Thailand, he was awaiting the outcome of his refugee status determination (RSD) by UNCHR.
According to witnesses, on 14 November 2019, Mr. Philachanh was arrested by representatives of the Lao PDR law enforcement while at an ATM machine in Vientiane. According to information received, his disappearance may be connected to his participation in the pro-democracy demonstrations that were planned to take place in Vientiane on 11-12 November 2019, which were eventually called off due to the police involvement.
It is further informed that persons associated with Mr. Phetphouthone Philachanh have not taken any formal steps towards denouncing his disappearance due to fear of reprisals.
At the time of this communication, Mr. Philachanh´s fate and whereabouts remain unknown.
The case of Mr. Leokham Losavath:
On 12 June 2020, at around 11 p.m., four unidentified men dressed in black visited the workshop of the human rights defender Mr. Leokham Losavath. They pulled up in front of the building driving a black Toyota Hilux Vigo.
The four unidentified perpetrators in question got out of the car and, unprovoked, began to beat the human rights defender, inflicting physical violence on him that may amount to inhuman and degrading treatment or torture.
On hearing the noise resulting from the beating, several of the neighbouring residents came out of their homes to see what the commotion was. Mr. Losavath was, at this point, left in an unconscious state.
Reportedly, Mr. Losavath suffered severe head and shoulder injuries as a result of the assault. He also had eight stab wounds. Mr. Losavath was subsequently taken to hospital. Later that day, Mr. Losavath died while in hospital.
At the time of this communication, the police investigation has not succeeded in identifying any of the perpetrators responsible for the death of Mr. Losavath.
The case of Mr. Bounsuan Kitiyano:
In late 2019, following the disappearance of his former co-habitants Mr. Od Sayavong and Phetphouthone Philachanh, Mr. Bounsuan Kitiyano moved to the Ubon Ratchathani province in northern Thailand, located close to the border with the Democratic Republic of Lao.
On 17 May 2023, Mr. Bounsuan Kitiyano’s body was discovered by villagers on the side of the road of the Non Chik, Village No. 4, Warin Subdistrict, Si Mueang Mai District, Ubon Ratchathani province in Thailand. His body showed signs of wounds from gunshots, including one in the left cheekbone, which had pierced his right temple, one in the chest and one in the abdomen.
At the time of this communication, it is reported that investigations into the death of Mr. Kitiyano have either been inadequate or ineffective.
CONCERNS
In the communication, we express our serious concern regarding the continued arbitrary detention of human rights defenders Ms. Lodkham Thammavong, Mr. Soukane Chaithad and Mr. Somphone Phimmasone which appears to be in direct retaliation for their peaceful and legitimate human rights work, and whose ongoing detention, characterised by ill treatment and denial of rights to legal counsel and family visitations, is in contravention of international law, given the opinion issued by the Working Group on Arbitrary Detention which points to the deeply inadequate legal basis for their criminalisation.
Similarly, in regard to the allegations concerning the secret trial and incommunicado detention in the cases of Mr. Soukane Chaithad and Ms. Lodkham Thammavong, we wish to recall article 43(3) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) which establishes that Disciplinary sanctions or restrictive measures shall not include the prohibition of family contact. The means of family contact may only be restricted for a limited time period and as is strictly required for the maintenance of security and order. In addition, article 58 establishes that Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals. Likewise, principles 15, 16 and 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment establish that during arrest and after each transfer from one place of detention or imprisonment to another, a detained or imprisoned person shall be entitled to notify members of his family, or other appropriate persons of his choice, of his arrest, detention or imprisonment, or of the transfer, and of the place, where he is kept in custody and that a detained person shall have the right to be visited by members of his family and shall be given adequate opportunity to communicate with the outside world.
Furthemore, we wish to express our utmost concern at the killing of Mr. Leokham Losavath, as well as the disappearance and subsequent killing of Mr. Bounsuan Kitiyano. Should these allegations be confirmed, the facts alleged would violate the International Covenant on Civil and Political Rights (ICCPR), which Lao PDR acceded to on 25 September 2009, as well as the United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (UNCAT), also ratified by Lao PDR on 26 September 2012. The ICCPR provides that every individual has the right to life and that no person shall be arbitrarily deprived of his or her life. The right to life is the supreme right from which no derogation is permitted, and it is most precious for its own sake as a right that inheres in every human being, but it also constitutes a fundamental right, whose effective protection is the prerequisite for the enjoyment of all other human rights and whose content can be informed and infused by other human rights.
We underscore the importance of conducting investigations into all suspected unlawful deaths in line with international standards, particularly the Principles on Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions and the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (the Minnesota Protocol on the Investigation of a Potentially Unlawful Death (2016)).
Moreover, we wish to express our alarm at the alleged enforced disappearances of of Mr. Od Sayavong, and Mr. Phetphouthone Philachanh. Should these allegations be confirmed, they would violate articles 6, 7, 9 and 19 of the International Covenant on Civil and Political Rights, ratified by the Lao PDR in 2009 which guarantee the right to life, the right to personal integrity, the right to liberty and security of the person and the right to freedom of expression. We would also like to refer to the Declaration on the Protection of All Persons from Enforced Disappearance. Though Laos PDR signed the International Convention for the Protection of all Persons from Enforced Disappearance on 29 September 2008, it has still failed to take action to ratify this.
We are deeply concerned at the apparent pattern of cases described above, which appears to point towards countries in the region coordinating, assisting or acquiescing to extraterritorially abduct human rights defenders and activists, leading to disappearances, a consideration previously highlighted by Special Procedures mandate holders in a communication sent on 11 December 2020 (LAO 4/2020). These rendition practices, if proven true, would constitute a gross violation of the principle of non-refoulement enshrined in Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), to which the Lao People’s Democratic Republic is party since 26 September 2012. This rule, which may be inferred from article 7 of the International Covenant on Civil and Political Rights, to which Lao PDR is a party since 25 September 2009, and which is enshrined in article 33 of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, dictates that the prohibition of refoulement under international human rights law applies to any form of removal or transfer of persons, regardless of their status, where there are substantial grounds for believing that the returnee would be at risk of irreparable harm upon their return, on account of torture, ill-treatment or other serious breaches of human rights obligations.
It appears that that the multiple gross violations exhibited here are illustrative of a greater shift towards the shrinking of civil society spaces in Lao PDR. This alarming trend is characterised, as per the accounts listed above, by the intimidation, surveillance detention and enforced disappearance of human rights defenders who voice criticism of the Government, including through their engagement with the United Nations, its representatives and mechanisms in the field of human rights. The enjoyment of rights to free expression and opinion, free of peaceful assembly and of association have been heavily curtailed for human rights defenders, inciting a culture of fear and inhibiting them from carrying out their work in defence of human rights, including their cooperation with the United Nations.
[1] https://www.ohchr.org/en/press-releases/2019/10/thailandlao-pdr-un-experts-concerned-disappearance-lao-human-rights-defender
