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Lao People’s Democratic Republic
878. By letter dated 15 September 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning four girls, M. L., aged 14, her sister C. L., aged 16, C. H., aged 14, P. L., aged 14, and her brother T. L., aged 15, all indigenous persons. On 19 May 2004, the five children, who were searching for food close to their camp, were attacked and killed by 30 to 40 Lao soldiers in the Xaisomboune military zone. The girls were raped before being killed. M. L. was shot in each breast and the other bodies were mutilated by shots fired at close range. One of the girls was disembowelled.
879. By letters dated 19 October, and 10 and 18 November 2004, the Government informed that the allegations were found to be groundless and that no such incident had occurred. On 6 October 2004, the video footage, dated 19 May 2004, which purports to be the source of the allegations, was carefully analysed by the authorities, who found many conflicting points. The allegations did not match the contents of the film; among other things, there was no picture of the victims becoming mutilated, no evidence of rape, no evidence of a gun being used, no movement of Lao soldiers, few relatives of the victims were crying, and no word of any involvement of Lao soldiers or of where the incident had actually occured. The video was concluded to be a fabricated farce. Up to now no complaint has been brought to the Lao concerned authorities at any level, including the Commander-in-Chief of the Lao People’s Army in the Xaisomboune Special Zone and the Governor of Xiengkhuang Province, both of whom are Hmong. The allegations of violations of human rights against the Hmong are fabricated with the aim of discrediting the good image of the Lao People’s Democratic Republic in the international arena.
Urgent appeals
880. On 12 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Lorm Chalihom, Kham Sayavong, Som Sayavong, Sirina Samart, Visay Sayachak, Thongly Homneuan, Pharin Sayboonya, Seng Champa, Terv Phomthevi, Prasarn Rinthang, Seng Saybunya, Keobuathong Vongphacharn, Kaen Singkhomkhong, Naphar Phophibandith, Boonlord Khensookvan, Suang Sengsoura, all Lao nationals. According to the allegations received, they were seeking asylum in Thailand and were forcibly returned to the Lao People’s Democratic Republic on 4 July 2004. They are all members of a group opposed to the Government, which took part in an armed attack on the Lao Customs and Immigration offices in the border village of Vang Tao, Champassak province, on 3 July 2000. Six members of the group were killed in the attack, and the rest fled over the border into Thailand, where they were immediately arrested. They were charged with illegal entry and illegal possession of firearms. On 19 March 2002 they were sentenced to prison terms, which were reduced to time-served. They were released on 30 March 2002 into the custody of immigration officials in Bangkok. All had reportedly applied for asylum in Thailand in 2002, but access to UNHCR was repeatedly denied to them. The 16 men are now held in a prison in Champassak province. Reports indicate they will be tried for "robbery and using weapons of war in the robbery", for which they could face long prison terms.
881. By letter dated 24 August 2004, the Government informed that following their
arrest, all the 16 accused persons have been held in a pre-trial detention camp of Champassak
Province. At this stage, the authorities have been conducting investigation and interrogation
on the basis of legal procedures, while making sure that the accused can receive assistance
from lawyers; this aimed at ensuring fair proceedings for them, equally to the case of other
Lao citizens. The Government confirmed that the authorities provided the persons with good
physical and mental treatment, in accordance with the humanitarian policy of the
Government, domestic rules of law, as well as international principles. All 16 persons have
received health check-ups, clothes, personal items, and food, adequate and suitable to the
actual situation and conditions of the local area. In addition, their relatives may receive
permission to make visits and enquiries in accordance with the regulations of the pre-trial
detention camp.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.