Foreign Nationals
The International Federation for Human
Rights (FIDH) released a report in 2016 in
which they noted the inconsistency with
which death sentences are applied for the
same crimes, claiming there to be a ‘distinct
disparity in the severity of punishment
imposed on foreigners as compared to
Laotians’ (FIDH 2016). One interviewee, a
human rights defender from Laotian NGO
MLDH, commented on how Lao citizens
charged with drug crimes often don’t have
access to a lawyer, unless they come from a
wealthy family. Where these cases concern
European nationals, however, they are often
able to avoid death sentences. The most
recent case involving a foreign national
sentenced to death in Laos was that of
Samantha Orobator, which received huge
media attention in 2009.
Laos’ position within the opium-cultivating
‘Golden Triangle’, estimated to produce onequarter of the world’s heroin (Mayberry 2015)
means that many foreign nationals get
caught up in the illegal drugs trade in the
region. In the last decade the region has also
taken on a major role in the world’s
methamphetamine production. The area’s
harsh drug laws mean many unwitting drug
mules may face the death penalty.
Case Study 2008 - Samantha Orobator
British citizen Samantha Orobator was just 19
when she was caught with 680g of heroin at
Wattay airport in Vientiane, Laos’ capital, in
August 2008 and sentenced to death. Her
sentence was reduced to one of life
imprisonment after she became pregnant in
Phantong prison in January 2009. Laotian law
prohibits the execution of pregnant convicts.
Accounts of how she became pregnant vary,
but the Vientiane Times quoted Orobator as
telling authorities that she secretly obtained
sperm from fellow prisoner and British drug
smuggler John Watson, in order to
impregnate herself to avoid the death
penalty. In July 2009, Orobator was then
transferred to a British prison after
negotiations between Laos and Britain, and
the signing of the Treaty on the Transfer of
Sentenced Persons in May 2009, allowing
prisoners to be extradited to serve their time
in prisons on home soil, on the condition that
the sentence is enforced in the home country
(NBS News 2009).