WRITTEN QUESTION E-2255/03

by Olivier Dupuis (NI) to the Commission

(8 July 2003)

Subject: Detention of three Westerners and four Laotian citizens

On 4 June 2003 the Laotian authorities arrested the Belgian journalist Thierry Falise, the French photographer and cameraman Vincent Reynaud, the American national Naw-Karl Mua, and four Laotian nationals whose identities have not been released. The seven people arrested were in the province of Xhieng Khouang, to the north of Vientiane, working on a report on the Hmong, a people that has suffered cruel repression by the authorities of the Lao People's Democratic Republic for many years. The charges against the seven detainees have yet to be made public. Moreover, the French, Belgian and American nationals were only able to meet French diplomats nearly two weeks after their arrest, a flagrant violation of the international conventions in force. The trial of Mr Falise, Mr Reynaud and Mr Mua, which according to diplomatic sources should have begun on 27 June, has already been put back to Monday, 30 June. It is supposed to take place in Phonesavanh, in a relatively inaccessible region more than ten hours' drive from the capital. The defendants risk heavy prison sentences. As for the four Laotian nationals, the authorities in Vientiane only acknowledged their arrest on 20 June, and no information has been given about the charges against them or about their whereabouts and conditions of detention.

What measures has the Commission taken to make its indignation clear to the authorities in Vientiane in the wake of yet another violation of the basic rights of Laotian and foreign nationals and of the international conventions on the right of access of diplomats to arrested persons?

What measures has the Commission taken to ensure that the legal proceedings brought against the seven persons arrested will take place in compliance with the recognised international rules regarding the right to a fair trial? What steps does the Commission intend to take to ensure that the four Laotian nationals arrested with the Western journalists do not suffer the fate of disappearance, as has already happened to many victims of the violent repression of the anti-democratic Laotian regime, including the five student leaders of the 26 October 1999 Movement?

In the face of the continuing oppression of the whole Laotian people and of the even crueller oppression of the Hmong people, does the Commission not agree that the European Union should inform the authorities in Vientiane of its intention to suspend all its cooperation programmes if the authorities do not introduce substantial democratic reforms as a matter of urgency?

Answer given by Mr Patten on behalf of the Commission

(1 August 2003)

The Commission is fully committed to emphasising the need to strengthen respect for human rights in Laos, including freedom of expression, assembly, association and religion as well as the adherence to international human rights conventions.

As regards the recent trial against the two European journalists, their American interpreter and three Laotian Hmong, the Commission is of the view that the trial itself was not up to international standards and the sentencing of the accused was surprisingly harsh considering the evidence presented. The Commission is, nevertheless, happy that a diplomatic solution was found to enable the release of the three Westerners.

As regards the overall human rights situation in Lao People's Democratic Republic (PDR), the Commission has raised several concerns, including the question of the five leaders of the 26 October movement, with the Government of Laos on numerous occasions, unfortunately with limited results so far. The Commission will be examining all aspects of the human rights situation in Laos, including possible responses from the Community side, in view of the next Commission-Laos Joint Committee scheduled for this autumn and will report back to the Parliament when appropriate.

In the meantime, the Commission maintains a cohesive policy of constructive political dialogue with the Laotian Government, paired with continued support to the Laotian population through Community-assisted development programmes, which aims to support and accelerate the democratisation process in the country.

The suspension of aid until basic human rights are respected should be considered as a last resort, as it would be likely to impact badly on the populations whose rights are violated.