Lao authorities have reportedly arrested and detained well-known Chinese human rights lawyer Lu Siwei since 28 July 2023. We are gravely concerned that he is at serious risk of forced repatriation to China where he faces the high likelihood of torture and other ill-treatment.
Southeast Asian governments have frequently been pressured into forcibly returning vulnerable individuals back to China, where they have faced arbitrary detention, unfair trials, torture, enforced disappearances, and other ill-treatment. Our organizations have documented numerous cases, ranging from the 2009 forced return of Uyghurs from Cambodia to the August 2022 disappearance of Chinese democracy activist Dong Guangping from Vietnam into Chinese custody. Gui Minhai, a bookseller, was disappeared in Thailand in 2015 only to resurface in China without his passport. These individuals are effectively disappeared for extended periods, with family members and colleagues unable to obtain information until months or years after.
We urge third party governments to:
- Ask Lao authorities to immediately halt Lu Siwei’s repatriation and to move quickly to ensure he has access to the relevant UN authorities and a lawyer of his choice; and,
- Publicly call on Chinese authorities to drop any potential charges against Lu Siwei.
By handing Lu Siwei over to the Chinese authorities, the Lao government would be putting Lu Siwei at grave risk of torture and inhuman treatment. UN rights experts have found that the Chinese government frequently subjects rights defenders and lawyers to torture and inhuman treatment. Under international customary law and as a state party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) since September 2012, the Lao PDR government has a non-refoulement obligation as stipulated in Article 3 of the CAT not to return a person to a state where they are at high likelihood of being subjected to torture.
We urge the Lao government to:
- Halt all processes of repatriation for Lu Siwei and release him immediately according to its international human rights obligations;
- Arrange for him to meet with the relevant UN authorities and a lawyer of his own choosing;
- Allow him to meet with diplomats from the United States and other countries, as needed, to help him resume his journey to reunite with his family currently in the United States; and
- Pending the above, to disclose his whereabouts and ensure his personal safety as well as his physical and mental well-being.
Lu Siwei is a renowned rights defender and lawyer in China, advocating for vulnerable groups and representing numerous political dissidents. As the Chinese authorities have become increasingly intolerant of independent rights advocacy, they have targeted Lu with intimidation and harassment, including disbarment in January 2021 for online speech that allegedly “endangered national security”. Lu Siwei was also physically attacked while traveling to the hearing for his disbarment. Since then, Lu has been closely monitored by the Chinese authorities and subject to an exit ban since May 2021. It is understood that Lu was in Laos en route to joining his family in the United States.
Undersigned, in alphabetical order
- Amnesty International
- Asia Democracy Network (ADN)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- ARTICLE 19
- Bar Human Rights Committee of England and Wales
- Bytes For All, Pakistan
- Campaign For Uyghurs
- China Change
- Chinese Human Rights Defenders (CHRD)
- Civic Initiatives
- CIVICUS: World Alliance for Citizen Participation
- Committee for the Abolition of Illegitimate Debt (CADTM)
- Committee for Freedom in Hong Kong Foundation
- Exile Hub, Thailand, Myanmar
- FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
- Focus on the Global South
- Foundation for Media Alternatives
- Free Expression Myanmar
- Freiheit für Hongkong e.V.
- Fresh Eyes, United Kingdom
- Front Line Defenders
- Gill H. Boehringer, Professor, Chair, Australian Branch, IAPL
- Hong Kong Watch
- Hongkonger in Deutschland e.V.
- Humanitarian China
- Human Rights in China
- Human Rights Online Philippines (HRonlinePH)
- HuMENA for Human Rights and Civic Engagement
- ILGA Asia
- Indonesia Save Uyghur
- Innovation for Change South Asia
- International Association of People's Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers
- International Service for Human Rights (ISHR)
- International Tibet Network Secretariat
- Internet Policy Observatory Pakistan
- Judicial Reform Foundation
- Lawyers for Lawyers
- Manushya Foundation
- Migrant Forum in Asia (MFA)
- New School for Democracy Association
- Open Net (Korea)
- PEN America
- Public Virtue Research Institute
- Safeguard Defenders
- Social Innovations Advisory
- Society of Young Social Innovators (SYSI)
- Southeast Asia Freedom of Expression Network (SAFEnet)
- Taipei Bar Association Human Rights Committee
- Taiwan Bar Association Human Rights Protection Committee
- Taiwan Support China Human Rights Lawyers Network
- Tibetan Centre for Human Rights and Democracy
- Tibet Initiative Deutschland e.V.
- 29 Principles
- Uyghur Human Rights Project
- Victims of Communism Memorial Foundation
- Wang Dan, Dialogue China
- We The Hongkongers
- World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
- Young Leadership for Social Change Network
 E/C.12/CHN/CO/3, CESCR Concluding observations on the third periodic report of China, including Hong Kong, China, and Macao, China, 2 March 2023; and CAT/C/CHN/CO/5, CAT Concluding observations on the fifth periodic report of China, 3 February 2016.