NGOs Call on Governments & Lao Authorities to Ensure the Immediate Release of Chinese Human Rights Lawyer Lu Siwei

Download the Lao translation here.

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:

1. 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

2. 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.[1] 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:

1. Halt all processes of repatriation for Lu Siwei and release him immediately according to its international human rights obligations;

2. Arrange for him to meet with the relevant UN authorities and a lawyer of his own choosing;

3. 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

4. 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

1. ALTSEAN-Burma 
2. Amnesty International 
3. ARTICLE 19 
4. Asia Democracy Network (ADN) 
5. Asian Forum for Human Rights and Development (FORUM-ASIA) 
6. Bar Human Rights Committee of England and Wales 
7. Bytes For All, Pakistan 
8. Campaign For Uyghurs 
9. Chicago Solidarity with Hong Kong
10. ChinaAid 
11. China Change 
12. Chinese Human Rights Defenders (CHRD) 
13. Civic Initiatives 
14. CIVICUS: World Alliance for Citizen Participation 
15. Comité pour la Liberté à Hong-Kong
16. Committee for Freedom in Hong Kong Foundation 
17. Committee for the Abolition of Illegitimate Debt (CADTM) 
18. CSW 
19. Defense without Borders-Solidarity Lawyers (DSF-AS)  
20. Exile Hub, Thailand, Myanmar 
21. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders 
22. Focus on the Global South 
23. Foundation for Media Alternatives 
24. Free Expression Myanmar 
25. Freedom Seekers International
26. Freiheit für Hongkong e.V. 
27. Fresh Eyes, United Kingdom 
28. Front Line Defenders 
29. Georgetown Center for Asian Law 
30. Gill H. Boehringer, Professor, Chair, Australian Branch, IAPL 
31. Girl Up Southeast Asia
32. Hong Kong Aid
33. Hong Kong Democracy Council
34. Hong Kong Watch
35. Hongkonger in Deutschland e.V. 
36. Humanitarian China 
37. Human Rights in China 
38. Human Rights Online Philippines (HRonlinePH) 
39. Human Rights Watch
40. HuMENA for Human Rights and Civic Engagement 
41. ILGA Asia 
42. Indonesia Save Uyghur 
43. Innovation for Change
44. Innovation for Change-East Asia 
45. Innovation for Change South Asia 
46. International Association of People's Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers 
47. International Bar Association’s Human Rights Institute
48. International Service for Human Rights (ISHR) 
49. International Society for Human Rights 
50. International Tibet Network Secretariat 
51. Internet Policy Observatory Pakistan 
52. Japan Hong Kong Democracy Alliance (JHKDA)
53. Judicial Reform Foundation 
54. Lady Liberty Hong Kong (LLHK)
55. Lamp of Liberty
56. Lawyers for Lawyers 
57. Manushya Foundation 
58. Migrant Forum in Asia (MFA) 
59. New School for Democracy Association 
60. New Yorkers Supporting Hong Kong (NY4HK)
61. Open Net (Korea) 
62. PakVoices.pk 
63. PEN America 
64. Public Virtue Research Institute 
65. Safeguard Defenders 
66. Saskatchewan stands with Hong Kong 
67. Social Innovations Advisory 
68. Society of Young Social Innovators (SYSI) 
69. Southeast Asia Freedom of Expression Network (SAFEnet) 
70. Taipei Bar Association Human Rights Committee 
71. Taiwan Bar Association Human Rights Protection Committee 
72. Taiwan Support China Human Rights Lawyers Network 
73. Texans Supporting Hong Kong (TX4HK)
74. The Rights Practice
75. Tibet Initiative Deutschland e.V. 
76. Tibetan Centre for Human Rights and Democracy 
77. 29 Principles 
78. Uyghur Human Rights Project 
79. Victims of Communism Memorial Foundation 
80. Wang Dan, Dialogue China 
81. We The Hongkongers 
82. Winnipeg Hong Kong Concern
83. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders 
84. Young Leadership for Social Change Network 
85. Re-water CIC

[1]  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.