© Zhang Chunxiao. The photo shows Lu Siwei on a road at an undisclosed location around 300 km north of Vientiane, Laos, on 27 July 2023.
In a public statement, 85 NGOs urge Laos to immediately release Chinese lawyer Lu Siwei, detained en route to reuniting with his family in the United States. Laos risks contravening its obligations under the UN Convention against Torture if it sends Lu back to China, where he would likely face arbitrary detention and torture.
Update: On 11 August, seven UN experts issued a public call for Laos to immediately release Lu Siwei and allow him to reunite with his family in the United States. The experts stress that Lu is at risk of ‘irreparable harm’ should he be deported back to China, including torture, arbitrary detention and enforced disappearance: for the experts, this would contravene Laos’ obligations related to non-refoulement, under Article 3 of the UN Convention Against Torutre (CAT).
ISHR joins 84 civil society organisations and bar associations in urging Laotian authorities to halt all processes of repatriation for Chinese human rights lawyer Lu Siwei (卢思位), at serious risk of forced repatriation to China where he faces a high likelihood of torture and other ill-treatment, and release him immediately.
Lu Siwei is a renowned human 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 human 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.
I ask that the international community does its best to rescue my husband Lu Siwei, targeted only because he did his utmost to help those in need. I hope that with global support he can come to the US and reunite with me and our daughter.Zhang Chunxiao, wife of Lu Siwei
The UN Special Rapporteur on human rights defenders, Mary Lawlor, declared that she was ‘very disturbed’ and called on Laos to ‘immediately disclose his whereabouts and release him.’
The 85 civil society groups urge UN Member States to:
Laos ratified the UN Convention against Torture, which prohibits returning individuals to countries where they risk persecution or torture. Repatriating a human rights defender back to China where he faces high risks of arbitrary detention, disappearance, and torture or ill-treatment would be a violation of the Laotian government’s obligations under international law. It would also show Laos is unable to act independently of the will of its powerful neighbour.Raphael Viana David, ISHR Programme Manager (China and Latin America)
Lu Siwei is a prominent lawyer in China, but the government has imposed exit ban for defending human rights cases such as the 'Hong Kong 12' detained at sea. It is crucial that Laos immediately suspends all procedures aimed at repatriating Lu and releases him, in accordance with Article 3 of the UN Convention against Torture.Chakra Ip, Executive Director of The 29 Principles
Lu Siwei’s arrest and possible deportation takes place in the context of the Chinese government’s renewed crackdown on human rights lawyers, known as the ‘709 Crackdown 2.0’.
Download the full statement in English and Chinese. Read the full statement in English below:
NGOs and Lawyers Groups Call on Governments & Lao Authorities to
Ensure the Immediate Release of Chinese Human Rights Lawyer Lu Siwei
(1 August 2023) 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:
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:
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
In 2024, national, regional, and international courts took action to protect and recognise the rights of human rights defenders. In this article, we explore some of the key cases that have shaped the legal landscape for those advocating for human rights.
Stolen Presidential elections, the use of deeply repressive tactics by State agents against real and perceived opponents, and the recent return of OHCHR to Caracas informed today’s dialogue on Venezuela between the High Commissioner for Human Rights and the Human Rights Council.
The Secretariat of the Declaration +25 marked the International Human Rights Defenders' Day on 9 December 2024 by launching a new video.
