[Press Release]
FOR IMMEDIATE RELEASE
Date: 7 August, 2023
Protest Against Extradition of Lawyer Lu Siwei from Laos to China
1. The 29 Principles strongly opposes the extradition of Lawyer Lu Siwei from Laos to China, and are deeply concerned that he may become the first lawyer to face extradition to China, which would have serious implications for the global legal community.
2. Lawyer Lu Siwei has not received any formal notice of arrest, administrative or criminal detention, or summons prior to leaving China. His Chinese passport remains valid, and his visas to Laos and the United States are all legal and valid, indicating that he has not violated any immigration laws. Therefore, there are no grounds to accuse Lawyer Lu Siwei of serious criminal offences or place him on any official wanted list.
3. Given the absence of a legal basis, if the People's Republic of China (PRC) requests extradition, the grounds for such a request are either weak or arbitrary. Consequently, Laos must not extradite Lawyer Lu Siwei back to China as there is no evidence of criminal wrongdoing.
4. The grounds on which the PRC has based its extradition request remain unclear. We demand that the Lao People's Democratic Republic (Lao PDR) clarify whether the PRC has indeed proposed an extradition request to Laos regarding Lawyer Lu Siwei. If such a request has been made, we urge Lao PDR to disclose the grounds on which the extradition request is founded.
5. Lawyer Lu Siwei is a prominent human rights lawyer in China who has represented clients in sensitive cases, including the "Hong Kong 12" for Kiu Ying-yu. On January 15, 2021, Lawyer Lu Siwei had his lawyer's license arbitrarily revoked by the Sichuan Provincial Department of Justice, allegedly due to retweeted content on Twitter that was deemed to endanger national security. Since then, he has faced constant surveillance, harassment, and even targeting of his business by the police. These actions clearly violate his freedom of expression and target his role as a lawyer.
6. According to paragraph 3 of Article 10 of the Law on Extradition of the Lao People's Democratic Republic, "extradition shall not be granted in any circumstances where Lao PDR has well-founded reasons to believe that the request for extradition is incompatible with humanitarian considerations... which may subject the person to torture or inhumane treatment."
7. Lao PDR ratified the Convention against Torture and Other Cruel Inhumane or Degrading Treatment or Punishment (CAT) on September 26, 2012. Article 3 of the CAT states: "No State Party shall expel, return ('refouler'), or extradite a person to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture."
8. Lao PDR must uphold the prohibition against torture as outlined in the CAT. This not only entails refraining from engaging in torture themselves (Article 1) but also includes the responsibility to not extradite or deport individuals to countries where they may face torture (Article 3).
9. The 29 Principles calls on Lao PDR to immediately and unconditionally release Lawyer Lu Siwei, granting him access to a lawyer of his own choosing and facilitating meetings with UN authorities and diplomats from the United States and other countries.
10. We respectfully demand that the government of Laos take immediate and necessary actions to ensure the unconditional release of Lu Siwei. We strongly urge Laos to collaborate with the United Nations, the United States embassy, and relevant organizations to facilitate the safe and prompt reunion of Lu Siwei with his family in the United States.
About The 29 Principles:
The 29 Principles (based on the "UN Basic Principles on the Role of Lawyers") is a UK-based organisation supporting lawyers facing human rights oppression.
For media inquiries, please contact:
Chakra Ip
Executive Director
The 29 Principles
Email: [email protected]
Phone: +44 7769089001
Appendix-Suggested quote for reporting
“We demand that the Lao People's Democratic Republic (Lao PDR) clarify whether the PRC has indeed proposed an extradition request to Laos regarding Lawyer Lu Siwei. If such a request has been made, we urge Lao PDR to disclose the grounds on which the extradition request is founded.” - Chakra Ip, Executive Director of The 29 Principles
"Very disturbed by reports that Chinese HRD & lawyer Lu Siwei was arrested in #Laos today as he boarded a train to Bangkok to fly to the US & reunite with his family. The Laotian authorities must immediately disclose his whereabouts & release him." - Mary Lawlor, UN Special Rapporteur on Human Rights Defenders (28 July, 2023)
"Last week, the Chinese Communist Party once again targeted Chinese human rights lawyer Lu Siwei who previously represented two members of the Hong Kong 12 who attempted to flee to Taiwan. He was arrested in Laos. This follows the Chinese Communist Party placing HK$1 million bounties on the heads of eight exiled Hong Kongers who now live in the US, UK, and Australia last month. The ruthless behavior of the Chinese Communist Party should not be tolerated in any corner of the world. The British government should place sanctions on and stop courting Chinese officials for the sake of the economy while human rights and our national security are at stake." - Megan Khoo, Communications Manager of The Committee for Freedom in Hong Kong Foundation
"In this context, the CCBE wishes to draw your attention to the United Nations Basic Principles on the Role of Lawyers (attached), in particular Principles 16 and 18 on Guarantees for the functioning of lawyers, as well as Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading - Statement Treatment from or Punishment." CCBE