Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no credible reports the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
There was no progress in the 2012 abduction of Sombath Somphone, a prominent civil society leader and retired founder of a nonprofit training center, by persons in plainclothes after what appeared to be an orchestrated stop of his vehicle by traffic police in Vientiane. The government denied knowledge of his whereabouts and claimed its investigation was continuing.
Civil society organizations alleged that armed men abducted Wutthipong Kachathamkhun, a Thai activist also known as Ko Tee, in Vientiane in July 2017 and he had not been seen since. In 2016 Itthipol Sukpaen, another Thai activist, reportedly disappeared while in Vientiane and had not been seen since. The government stated it was not aware of these abductions, had not investigated them, and had not received any request from the Thai government to look into the matter.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, and there were no reports government officials employed them. Civil society organizations claimed some prisoners were beaten or given electric shocks.
Prison and Detention Center Conditions
Prison and detention facility conditions varied widely and in some prisons were harsh due to minimal food supply, overcrowding, and inadequate medical care.
Physical Conditions: Prison cells were crowded. Some prisons reportedly held juveniles with adults, although no official or reliable statistics were available on the overall population or gender of prisoners countrywide. Due to a lack of space, pretrial detainees and convicted prisoners were held together. There was no information available on the prevalence of death in prisons or pretrial detention centers. Some prisons required inmates to reimburse authorities upon release for the cost of food eaten during incarceration. Prisoners in facilities in urban areas generally fared better than did those in smaller, provincial prisons.
Although most prisons had a clinic, usually with a doctor or nurse on the staff, medical facilities were usually deficient. Prisoners had access only to basic medical care, and treatment for serious ailments was unavailable. Prisoners received vaccinations upon arrival; if sick, they had to pay for necessary medicine. In some facilities, prisoners could arrange for treatment in police hospitals, and authorities sent prisoners to these hospitals in emergencies.
Administration: The Ministry of Public Security is responsible for monitoring prison and detention center conditions. Authorities permitted prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions, although there were no reports of prisoners, detainees, or their family members making such requests due to fear of exacerbating poor detention conditions. During a session of the National Assembly in 2017, the legislature’s Justice Committee raised–and the president of the Supreme Court acknowledged–concerns about deteriorating prison conditions, including overcrowding and the detention of suspects together with convicted criminals.
There was no ombudsperson to serve on behalf of prisoners and detainees. Prison wardens set prison visitation policies. Family members generally had access to prisoners and detainees once per month. Prisoners and detainees could follow some religious observances, but authorities did not provide any facilities.
Independent Monitoring: Government officials did not permit regular independent monitoring of prison conditions. During the 2017 Australia-Laos Human Rights Dialogue, Australian and EU diplomats and other foreign government officials were permitted to visit the only prison that held foreign prisoners, as well as a drug treatment detention center in Vientiane.
The law prohibits arbitrary arrest and detention, but some government officials did not respect these provisions, and arbitrary arrest and detention persisted.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Ministry of Public Security maintains internal security but shares the function of external security with the Ministry of Defense’s security forces and with the LPRP and the LPRP’s mass organizations. The Ministry of Public Security oversees local, traffic, immigration, and security police, village police auxiliary, plus other armed police units. The armed forces have domestic security responsibilities, including counterterrorism and counterinsurgency.
Impunity remained a problem; however, there were no statistics available on its prevalence. The Ministry of Public Security’s Inspection Department maintained complaint boxes in most of the country for citizens to deposit written complaints, but statistics on utilization were not publicly available. The government revealed no information regarding the existence or nonexistence of a body that investigates abuses by security forces. There were no known actions taken by the government to train security forces on respect for human rights.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Both police and military forces have arrest powers, although generally only police exercised them. The law provides detainees the right to a prompt judicial determination of the legality of their detention. The law also requires authorities to notify detainees of the charges against them and inform next of kin of their detention within 24 hours of arrest, but this did not always occur in remote provinces. There is a bail system, but authorities implemented it arbitrarily. There were procedures for house arrest of detainees, particularly for health reasons. The law provides detained, arrested, or jailed persons the right to legal representation upon request. Three political prisoners were not allowed to meet with relatives. There were no other reports of prisoners held incommunicado.
Arbitrary Arrest: Police continued to exercise wide latitude in making arrests, relying on a provision of the law that permits warrantless arrests in urgent cases. Police reportedly used the threat of arrest as a means to intimidate persons or extract bribes. Local authorities detained several persons who belonged to minority religious groups. In September authorities detained (but did not charge) seven members of the Lao Evangelical Church for one week at a district jail in Champassack Province. In November in Savannahket Province, four members of the same church were arrested during religious services. One person was subsequently released, while three others remained in jail and had not been charged with a crime.
At times authorities detained prisoners after they completed their sentences, particularly if prisoners were unable to pay court fines. In some cases, officials released prisoners if they agreed to pay fines upon their release. The government sometimes released offenders convicted of nonviolent crimes without formally sentencing them to prison. During the National Assembly’s 2017 fall session, legislators called on judicial bodies to investigate instances of arrests without warrants by local police, and to which public prosecutors had turned a blind eye.
Pretrial Detention: The law limits detention without trial to one year. The length of detention without a pretrial hearing or formal charges is also limited to one year. The Office of the Prosecutor General reportedly made efforts to have authorities bring all prisoners to trial within the one-year limit, but officials occasionally did not meet the requirement, citing heavy workloads; the exact number of detainees held more than a year was unknown.
The law provides for an independent judiciary, but corruption and judges acting with impunity continued to be problems. Some judges reportedly accepted bribes. The legal framework provides for defense counsel, evidentiary review, and the presumption of innocence. Despite these provisions, the country was still developing a formal justice system. Judges usually decided guilt or innocence in advance of trials, basing their decisions on police or prosecutorial investigation reports. The preferred and widely used policy for resolving disputes continued to be the “Harmonious Village Policy” or “No Case Village Policy,” which discouraged villages from referring cases to the formal justice system and provided incentives to village leaders to resolve legal disputes within village mediation units. Village leaders are not lawyers or judges and do not receive legal training. Most defendants chose not to have attorneys or trained representatives due to the general perception that attorneys cannot influence court decisions.
The law provides for the right to a fair and public trial, although the judiciary did not always uphold this right. The law provides defendants a presumption of innocence. Most trials, including criminal trials, were primarily pro forma examinations of the accused and reviews of the evidence. Defendants do not have a legal right to know promptly and in detail the charges against them, but the law requires authorities to inform persons of their rights. Trials are public, except for those involving certain types of family law or related to national security, state secrets, or children younger than age 16.
The law provides defendants the right to defend themselves with the assistance of a lawyer or other persons, but there remained a lack of qualified lawyers. Lawyers sometimes were unwilling to defend sensitive cases due to fear of retaliation by local authorities. A defense attorney may be present during a trial, but his role is passive, such as asking the court for leniency in sentencing or appealing a technical matter, not arguing the merits of the case, challenging evidence, or mounting a true defense for the client. Authorities provided defense attorneys at government expense only in cases involving children, cases likely to result in life imprisonment or the death penalty, and cases considered particularly complicated, such as ones involving foreigners. There is no legal right to adequate time and facilities to prepare a defense.
The government allows interpreters to provide explanations of laws and defendant’s rights to ethnic minority citizens and foreigners who cannot communicate in the Lao language. Interpreters receive payment based on the court fee system, which the court passes on to the defendant.
Defendants may have someone assist them in preparing written cases and accompany them at trial, but only the defendant may present oral arguments at a criminal trial. Defendants may question, present witnesses, and present evidence on their own behalf. Defendants may refuse to testify, although authorities sometimes imposed harsher penalties on defendants who did not cooperate. Defendants have the right to object to charges brought against them but do not have the right to appeal.
POLITICAL PRISONERS AND DETAINEES
There were no government statistics or reliable estimates available regarding the number of political prisoners, but civil society organizations and international media reported on three political prisoners. The criminal court convicted Somphone Phimmasone, Soukan Chaithad, and Lodkham Thammavong in March 2017 to 20, 16, and 12 years’ imprisonment, respectively, on multiple charges including treason, propaganda against the state, and gatherings aimed at causing social disorder.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The law provides for judicial independence in civil matters, but enforcement of court orders remained a problem. A person may seek a judicial remedy for violations of civil or political rights in a criminal court or pursue an administrative remedy from the National Assembly. Individuals may seek redress for violations of social and cultural rights in a civil court.
The law generally prohibits such actions, including privacy of mail, telephone, and electronic correspondence, but the government continued its broad use of security law exemptions when there was a perceived security threat.
The law prohibits unlawful searches and seizures. Although the law requires police to obtain search authorization from a prosecutor or a panel of judges, police did not always obtain prior approval, especially in rural areas. Security laws allow the government to monitor individuals’ movements and private communications, including via mobile telephones and email (see section 2.a.).
The Ministry of Public Security monitored citizen activities through a surveillance network that included secret police. A police auxiliary program in urban and rural areas, operating under individual village chiefs and local police, shared responsibility for maintaining public order and reported “undesirable” persons to police. Members of the LPRP’s front organizations, including the Lao Women’s Union (LWU), the Youth Union, and the Lao Front for National Construction, also monitored citizens.
The law allows citizens to marry foreigners only with prior government approval. Authorities may annul marriages entered into without approval, with both parties subject to arrest and fines. The government normally granted permission to marry, but the process was lengthy and burdensome, offering officials opportunity to solicit bribes. Premarital cohabitation with foreigners is illegal, although it was rarely enforced, and generally only when the Lao party complained of some injustice.