SECURING PROTECTION AND COOPERATION OF
WITNESSES AND WHISTLE-BLOWERS: A LAO PERSPECTIVE
Vilayasinh Dainhansa＊

I. INTRODUCTION
As we all aware, the criminal proceeding can take long time, in some case one month, one year or
several years, depending on different circumstance or situation, to be closed. Sometime the prosecutors failed
to prosecute criminals, but most of the cases carried out in my criminal department we have successes. The
reason is that we have full cooperation of all participants participated in the criminal proceedings, especiallythe witnesses. It is not easy to collect evidences needed. The public prosecutors or organizations responsible
for administration of justice do not know all ofﬁces and evidences related to any crime committed.
The administration of criminal justice is an important work of the public prosecutor and without thevoluntary and full cooperation of the public, medias, witnesses and whistle blowers the administration ofcriminal justice would never successfully implemented; the offenders would never be prosecuted andconvicted. Like the courts, the prosecutors need firm evidence, which would be also a testimony of thewitnesses, to be able to perform the duty of prosecution of criminals and bring them to justice and to avoid
punishing innocent people who never have commit a crime and to ensure that the human rights in theadministration of justice are fully protected as the Constitution and the laws foreseen. Therefore, it is toconclude that the witnesses and or the whistle blowers are playing a signiﬁcant role in the administration ofjustice. And the criminal justice administrators needs their contributions to the conviction of the criminals andthey, they (the witnesses and whistle blowers) need a liable and full protection by the state.
The Lao government attaches the importance to the administration of justice and the national assembly
has adopted several laws such the penal law, criminal proceeding law, the anti-corruption law and others laws
being necessary and fundamental for the administration of criminal justice and has established theorganizations responsible for the administration of criminal justice which stated by the police, continue by thepublic prosecutor and terminated by the court with the conviction or non-conviction of the criminals.

II. WITNESSES
A. Who Are the Witnesses?
Witnesses can be every person, who knows about or saw the incident constituting the offence or thecircumstances of the case. According to this general explanation, it is to understand that the witnesses areincluding the victims of crimes.
According to Article 32 of the Criminal Procedure Law, it is regulated that a witness is an individual
who knows about or saw the incident constituting the offence or the circumstances of the case. However, we
do not recognize that the victims of crimes are witnesses of the crimes, but they will receive other legalprotection. Person who are deaf, mute, or incompetent, children fewer than eighteen years of age, and relativeof the litigants can be brought to give testimony, but they shall not be deemed to be witnesses. What they say,
it is only for information for the investigators, public prosecutors and courts to trace the crime, or for moreinvestigations.
＊Prosecutor, Deputy of the Head Division, Ofﬁce of the Supreme People’s Prosecutor, Lao PDR.

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The witnesses have the rights to give testimony; to see the record of his testimony, during theinvestigation stage; to request to modify or add to his testimony; to complain against the acts and orders of aninvestigator, and interrogation, a public prosecutor or the people’s court that he believes to be unlawful and toreceive protections under the laws and regulations from any threat to life, health or Property because of giving
testimony (Article 32 of the criminal Proceeding Law).
The witnesses do not have only rights, but they are obliged to perform some duties, such as to appearaccording to an order or summons of an investigator, an interrogator, a public prosecutor, or the people’s
courts and to be liable for his refusal to give testimony or for any false testimony.
B. What Protection do they Receive from the State?
According to the Article 32 of the Criminal Procedure Law, The witnesses receive the protection
under the laws and regulations from any threat to life, health because of giving testimony. That is for instancea case if the accused or his relative or other persons try to kill or battery or injure the witnesses, they must be
punished by the state according to the law (Article 88 and 90 of the criminal law).
Article 58 of the Criminal Procedure Law prescribes that the identification of the criminal by thewitnesses shall be carried out under their secrecy and safety. When necessary, the investigator, or publicprosecutor shall require witnesses to identify individuals or confirm objects or dead bodies and theidentiﬁcation (in a way that) ensures the anonymity and safety of such person. Do not make the accused orinjure party to see the witnesses when he gives identify.
Article 62 of the criminal procedure law foreseen that the suspect will be detained and be not released
because of the witnesses safety. That is a case if the suspect may flee, destroy evidence, commit a newoffence, or hurt the injure parties or witnesses.
Likewise, it is also the regulation in the Article 66 of the Criminal Procedure Law. There is no pre-trial
release of the accused If is convinced that the accused or defendant will flee, will destroy evidence, willcommit further offences, will hurt witnesses. So public prosecutor may not pre-trial release the accused.
For their safety, in some cases witnesses may not disclose their name, address and others information
if it is not safe. In the court’s hearing, the court may be hearing the witnesses ﬁrst or after for his safety. It
does not allow the civil plaintiff, an accused or their relatives to see the witnesses.
Sometime the police, the public prosecutor or the people’s court will ask the witnesses for appear tothe hearing because of his safety.
Sometime the witnesses are refusing to come to the police station, public prosecutor’s ofﬁce or thepeople’s court to give testimony. They just pretend not to known any things about the offence. They always
say that when they come to the court or the police station or the public prosecutor or cooperate with them inbringing criminal to justice, they will lose their time, lose their money, and instead of having good things,
they would be brought to a circumstance of risk and non-safety. There was a road accidence case in 2009: Mr.
A was driving a car and then was hitting Mr. B’s motorcycle and then went away. Mr. C incidentally andhelped to take him to the hospital. Mr. A waked up, he said that Mr. C is an accused who was driving the carand hitting him and was arrested. Before the police could prove the evidence, Mr. C was detained for twomonths.
Most criminal cases are successfully carried out in Laos without the assistances of witnesses because
there are enough physical evidences for prosecutor prosecute to criminal to the people’s court have enoughevidence and the accused have confessed to have committed a crime. There is no serious case and there is nocase where the witness is murdered or injured.
C. The Accused
As I mentioned above, the accused is not the witness of the case according to the law of Lao PDR.

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1. What is the Accused?
According to the Criminal Procedure Law article 28, the accused or defendant is an individual who
has been brought to Proceeding by an order to open investigations issued by an investigators or Public
Prosecutors.
The accused exercise the following rights to:
1)
2)
3)
4)

be informed of an offence against the charge made against him;
submit evidence;submit requests;
ask to see the documents in the case ﬁle, to make a copy of required documents from the ﬁle or
to make note of necessary information contained in the file, after investigation has been
completed;5) retain and meet with a lawyer or other protector to contest the case;6) participate in court hearings;
7) require the recusal of a judge, public prosecutor, interrogator, investigators, expert or translator;
8) complain against acts and orders of investigators, interrogators, public prosecutors or the people’s
court that he believe to be unlawful;
9) Make a ﬁnally statement in court hearings as the last party;10) Appeal against, or request the cancellation of an order of an investigator, an Interrogators, orpublic prosecutor, or an instruction, order or decision of the people’ courts.
The accused performs following obligations to:
1)
2)
3)

Appear according to an order or summons of an investigator, an interrogator, a public prosecutor,
or the people’s court;
Provide testimony or explanations relating to the charge;
Comply with the regulations and orders of people’s court, in the court hearings.

Although the accused are not recognized as the witness after the law of law PDR, they will bereceiving some beneficiary by the state if they provide substantial cooperation in an investigation orprosecution of a case.
Article 40 of the Penal Law regulated circumstances conducive to reduction of penal law
responsibilities of the offenders. The court may reduction of penal responsibilities if an offender expresses
remorse and surrenders to ofﬁcials, and acknowledges and reveals offences committed by him and others. For
example, instead of getting 20 years of life imprisonment for the murder, the offender would be sentenced forthe murder for 10 years of life imprisonment for his or her substantial cooperation in giving information or
revealing the case; or the court may stay of his penalty for those offenders sentenced to less than three years
according to Article 47 of the Penal Law.
If there are no serious offences, investigators, public prosecutors, or the people’s court may not use
coercive measures such as detention (Article 61), arrest (Article 62), remand (Article 65), pre-trial housearrest (article 67), and suspension of position or duties(Article 68 of the Criminal Procedure Law).

III. WHISTLE-BLOWERS
A. Who are Whistle-blowers?
Whistle blowers are an individual or organization that know or see about of a person or governmentofﬁcial the report to the organization that concern to solve.

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The law of Lao PDR does not mention more about whistle blowers and it is not known in Lao PDR.
However, the laws regulate the provisions that the peoples who are the opinion that their rights are violated orinfringed; they can ask the concerned authorities to solve it. For the criminals case they can report it theconcerned authorities such as the police and the prosecutor for prosecution.
This is a right to guarantee a legal access to justice (rights to submit petition) and it is foreseen in
Article 41 of the Constitution of Lao PDR, Article 5 of Law on the Handling petition which is regulated
followings:
The state facilitates citizens and organization to exercise the right to petition, with the aim ofprotecting the interests of the state and collectives or (such citizen’s or organization’s) own rights andlegitimate benefits in order to ensure transparency and effectiveness of the state administrative
mechanism and government ofﬁcials in the implementation of their duties (there by) eliminating andpreventing negative occurrences in society.
Likewise, it is also the regulation of Article 18 of the Law on the Criminal Procedure.
To archive it, the State organizations have put the opinions boxes in front of their ofﬁces or in thepublic places to ensure that people, who would like to report the illegal activities of any persons ororganizations, can exercise their rights without any fear or express their ideas if they think that theGovernment ofﬁcials (police) do something unlawful
The office of the Supreme people’s Prosecutor also has such a box, but it is on the fence near thepolice guard and was therefore, useless, because the people do not have courage to report illegal activities ofthe prosecutors because of fear of being recognized by the police. Therefore, it is planning to put it in thepublic place. It will be comfortable and safety for the citizen to express their ideas if they think that thegovernment ofﬁcial (prosecutor) carry out unlawful activities. Moreover, the Ofﬁce of the Supreme People’s
Prosecutor has the division to examine the claim and report of the people. If the report is reasonable, aninvestigation will be undertaken and prosecuted if there is a criminal offence.
Likewise, the People’s Supreme Court has put the opinion box in place; however, until now there isno claims and report about any cases.
Importantly it is the hotline of the National assembly during its plenary sessions. There are many calls
and their names are protected and not disclose to the public. There is a committee being responsible for theinspection of the report. Then the concerned minister or authorities have to explain or reply to the question orconcerns.
B. State Protection of Whistle-blowers
According to the Article 7 of the Anti-corruption Law: Officials who conduct counter-corruption
operation as well as those who participate in such as reports, information providers, injured persons,witnesses, and experts, shall be protected from revenge, or threat to their life, health, freedom, honor,reputation and property.
Any government ofﬁce who infringes any of the above-mentioned prohibitions will be subject to reeducation and disciplinary, and if the infringement constitutes an offence, shall be punished as provided in thelaws and has cause.
According to the Article 25 of the Anti-corruption Law: Prohibitions on person who has position,power and duty to suppress, threaten, or obstruct any person who bring a claim, or provides feedback,including a person who provides negative information to concerned persons.
According to the Article 44 of the Anti-corruption Law: Individuals or organizations with outstanding
performance in the implementation of this law, particularly those that provide cooperation and information on
corruption, will receive the protection of security, rewards, and other policies-as appropriate.
The whistle blowers can be remaining anonymous and their name address and others personal
information will not be disclosed. The whistle blowers do not have duty to be liable for any things because of― 79 ―

their report. It does not matter whether the report is true or false.

IV. CONCLUSION
Although the Lao government has tried to put necessary legislations in place, to establish stateorganizations responsible for the administration of justice, there are still many things to be done.
There are no special laws on the witnesses and whistle blowers and therefore, it is also difﬁcult for theofﬁcials to implement the too general provision on the witnesses and whistle blowers protection in the realpractices. Some cases are solely relying on confessions of the suspected or accused, this is against the Article
21 of the Criminal Procedure Law, which regulated that the confession of the accused shall not form the basisfor the prosecution.
To ensure the full functioning of the administration of criminal justice and full cooperation of thewitness and whistle blowers in the country, it is necessary to do the followings:
1)
2)
3)
4)
5)

Creating law on the witnesses and the whistle blowers, which the provisions of their protection
are included;
Training judges and legal and law enforcement about these laws adopted and on Securing
Protection and cooperation of witnesses and whistle blowers.
Disseminating the important rights and duties of witnesses and whistle blowers by using
televisions, radios, newspapers, magazine and others means.
continuing services of the hotline of the National Assembly; andIncreasing the numbers of the opinion boxes in the public places.

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