14 July 2004
Re: Request urgent intervention for extradition of 16 Vang Tao Laotians
Our organization, Foreign Prisoner Support Services [F.P.S.S] wish to express
immediate concerns to the United Nations and the International Community, in
relation to the decision made by the Thai Government that has enabled the
extradition of 16 Laotians - arrested on July 3, 2000 at the Vang Tao frontier
post in southern Champasak region of Laos.
The Thai Court initially rejected the Laos government's argument that the 'Vang
Tao Laotians' were members of an armed group responsible for the theft of state
and private property. The Laos Government conceded to the Thai court that two
bags containing US$40,000 remained at the Vang Tao border checkpoint. No
evidence was provided to the Thai Court to support allegations of criminal
activity relating to theft.
The Thai Criminal Court said "the raising of the three-headed elephant flag to
replace the Lao National Flag during the operation cannot be deemed as a normal
robbery but it was a kind of political expression".
According to Thai law the 16 Vang Tao Laotians cannot be extradited to Laos.
Thailand's 1929 extradition law prohibits returning people who have committed
political crimes to face punishment in other countries. Ironically, the decision of
the Thai authorities to extradite the 16 Vang Tao Laotians took place on the
fourth birthday of the Vang Tao operation.
F.P.S.S wishes to express immediate concern over the processes that has led to
the extradition of the 16 Vang Tao Laotians, particularly, given that on December
30, 2003 the Appellate court of Bangkok had ruled "inadmissible" the extradition
request filed by the Lao dictatorship. Moreover, these persons had already been
convicted in Oubol provincial court [Thailand] of illegally entering Thailand, and
all had completed their sentences and were waiting for the reply of the High
Commissioner for Refugees on their refugee status application. In that petition
submitted to the U.N. High Commissioner for Refugees, the 16 Vang Tao
Laotians argued that, if they were returned to Laos, they would face "cruel
treatment … to intimidate people who would try to fight the regime, to introduce
freedom and democracy."
This claim is widely supported throughout the International community by human
rights organisations, former political prisoners of Laos, and thousands of Laotians
currently living in exile.
The Laos Government is a totalitarian regime with a long history of violating
international agreements, including the principles of the United Nations
Declaration of Human Rights and the International Covenant for Civil and Political
Rights [ICCPR], the Geneva Convention, the Paris Peace Agreement and
inclusive, the various elements of the Lao law itself.
F.P.S.S calls for immediate and urgent action from the United Nations High
Commissioner for Refugees (UNHCR), to intervene and uphold the request
submitted by lawyer Phuthisit Bounthon, on behalf of the 16 Vang Tao Laotians
seeking political asylum and resettlement in the third country. Furthermore,
F.P.S.S calls for the International community and the Foreign aid donor
community in Laos to urgently seek cooperation from the Lao PDR Government
to safeguard the legal and human rights and treatment of the 16 Vang Tao
Laotians, in consideration to statements released by the US State Department
and Amnesty International that accuse Lao authorities of committing both
numerous and serious human rights violations of prisoners who are detained,
abused, tortured and imprisoned in conditions that are extremely harsh and life-
threatening.
Authorized for release:
Mr. Tony Fox [Director F.P.S.S]
F.P.S.S – Head Office: Po Box 5401, West End. Q. Australia 4101
Web address: http://www.foreignprisoners.com
Mrs. Kay Danes [Director F.P.S.S]
F.P.S.S – Head Office: Po Box 5401, West End. Q. Australia 4101
Web address: http://www.foreignprisoners.com
"All humans deserve to be treated with dignity"