Printer FriendlyHaldane Chair's letter to Bill Rammell MP, Minister at the FCO, demanding justice for imprisoned Samantha Orobator.
5 May 2009
Dear Bill Rammell,
As you will be aware, our colleague, the human rights barrister and Vice-Chair of the Haldane Society, Anna Morris, is in Vientiane, Laos. She is there to ensure that Samantha Orobator, a British subject, receives her human rights pursuant to Articles 6 (right to life); 10 (humane treatment and respect for dignity); and 14 (fair trial) of the International Covenant for Civil and Political Rights (ICCPR).
As you will know, Laotian law permits the death penalty to be imposed for trafficking in heroin. Ms. Orobator, aged only 20 and five months pregnant, has spent the past nine months knowing she would be on trial for her life. We understand that the Lao authorities have only now given an undertaking that the death penalty will not be invoked. This is to be welcomed but it remains a matter of concern that this did not happen until our colleague Anna Morris had to bring to their attention that their own law forbids the execution of a person “in a state of pregnancy.”
We are informed that the trial may take place this week and that it is likely to be an extremely short process. Ms. Morris informs us that, not only has she herself been denied permission to visit Ms. Orobator, but that Ms. Orobator has never yet met her court-appointed lawyer and is not expected to do so until the day of trial itself.
As practising lawyers, we recognise that different criminal justice systems operate different procedures. However, it seems clear that Ms. Orobator’s right under Art. 14(3)(b) to adequate time and facilities for the preparation of her defence and to communicate with counsel of her must be taken to include both her Laotian counsel and Ms. Morris.
Other pertinent rights under Art.14 include the right under paragraph 14 (3) (f) to free assistance of an interpreter and the right under 14 (3) (e) to have examined those witnesses against her and to obtain the attendance and examination of witnesses on her own behalf, on the same conditions as the witnesses against her.
We understand that there is currently no agreement between Laos and the U.K. which would allow a British subject convicted in Laos to serve her sentence in the U.K. As you are reportedly meeting this week with the Foreign Minister of Laos, we urge you to raise with him, in accordance with the British Government’s responsibility to all its citizens under ICCPR, the humanitarian and human rights concerns we have outlined above. In particular, we ask that you request assurances from the Laotian government that:
1.Whatever the outcome of the case, irrevocable confirmation that there will be no question of imposing or carrying out the death penalty at any time;
2.Ms. Orobator be given adequate time and facilities to consult with her court-appointed lawyer and to prepare her defence;
3.Ms. Orobator be provided with all facilities to enable her to have called on her behalf any witnesses who may be relevant to the facts of the case against her, irrespective of which country those witnesses may reside in;
4.Ms. Morris shall meet with Ms. Orobator at the earliest opportunity in conditions that would enable Ms. Morris to communicate fully and adequately with her so that she may be able to ascertain the true position as to her health and welfare as well as her rights to full legal representation;
5.In the event that Ms. Orobator is found guilty of any charge she faces, she should be permitted to be transferred as soon as practicable to Britain to serve any sentence passed upon;
6.Any well-founded fears that her conditions of incarceration have led to her becoming pregnant will be investigated thoroughly with a report made to the British government as to the outcome of the investigation; and
7.All appropriate steps be taken to promote the health and welfare of mother and child in relation to pregnancy, childbirth and subsequent child care shall be taken with guarantees of access to both British consular authorities and Ms. Orobator’s family members and legal counsel.
We look forward to hearing from you in light of your visit with the Foreign Minister of the Lao People’s Democratic Republic. If there is any other information with which we can assist you, we would be pleased to do so.
Yours sincerely,
Liz Davies, Haldane Society Chair
