THE RIGHT TO ACCESS A LAWYER IN CRIMINAL PROCEDURE:A COMPARISON OF LAO AND INTERNATIONAL LAWS

THEME: Human Rights and Humanitarianism

This article aims to analyze the defendants’ right to access a lawyer in criminal law as defined in the international legal standards, and determined in the related legislation of Lao PDR. This study has found that Lao law is consistent to the international law with regards to the defendant’s right in gaining access to a lawyer, for instance, National Constitution, Criminal Law, Civil Law and Law on Layers. However, the defendants are not aware of their rights due to poor economic resource and lack of information on the availability of legal aid services and how to obtain such services. On the other hand, defendants are unable to implement their rights effectively due to the limit and incompetent protection offered by lawyers. Additionally, the legislation has not been thoroughly advocated to the legal practitioners and local authorities[1].

Chapter 1: Preface

• Introduction

Lawyers are regarded as an important mechanism for criminal justice to assure the accused persons’ right to defend themselves through the principle of equality in the court proceedings. Not only the accused is able to defend in the court proceedings, the judiciary and prosecutor’s office also have their duties to protect the legitimate right of the accused persons. However, these mechanisms are not sufficient to protect the accused persons, who may not be knowledgeable about the law and. Their mental ability to defend in court might be unstable as they are being accused of a crime. Therefore, lawyers must be present to counsel and defend the case on their behalf in all stages of criminal justice from investigation to adjudication. It is necessary for the lawyers to be involved as they have experience and skills about different laws. If the accused does not have a lawyer to assist in criminal justice, it seems unfair for them. According to the Universal Declaration of Human Rights, 1948, Article 10 stipulates that “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”. The International Covenant on Civil and Political Rights, 1966, Article 14, paragraph d) states that “To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it”. Also, the Criminal Procedure Law (2012), Article 55, paragraph 7 stipulates that the accused has the right to obtain and meet with lawyers or other legal protectors in the trial. In the event the accused person is not capable of finding or hiring a lawyer, the court and state have to provide them legal aid. It is believed that any person accused of a crime is deprived of their freedom and liberty. This is to prevent the court from imprisonment of the accused persons with wrongful court decisions. The same practice applies to the civil court procedures where the accused persons who cannot hire a lawyer. It is necessary for the state to provide legal aid by finding a suitable lawyer to counsel and defend the case on their behalf. The Lao Constitution of 2003 (Amended), Article 41 also stipulates that “Lao citizens have the right to lodge complaints and petitions and to propose ideas to the relevant State organizations in connection with issues pertaining to the public interest or to their own rights and interests. Complaints, petitions and ideas of citizens must be examined and resolved as provided by the laws”.

As international Conventions and Lao laws raise the significant role of lawyers in court proceedings consistent with the principle of equality before the law, everyone being accused of a crime has the right to access lawyers. For one reason, the current criminal justice requires factual information and lawyers have the duties to find facts, collect and present evidence to the court in detail and they act as the agent to resolve any wrong decisions being made by judges.

2. Objectives of the Research

1. To study the concept of the right of the accused persons to access lawyers in criminal justice.
2. To study the right to assistance from lawyers in Lao laws and international conventions.
3. To study, analyze and compare Lao lawsand internatonal conventions.

3. Methodology

The research on the right of access a lawyer in criminal procedures: comparisons of Lao Laws and international conventions will use qualitiative reseach methods through a review of literature, documents, interviews and observation. The revision includes international conventions, Lao laws, textbooks and other related documents.

4. Research Focus

The focus of the research will be on the right of access a lawyer in criminal procedures comparisons of Lao laws and international conventions.

• Expected Outcomes of the Research
  • Limitations for the Accused Persons to Access a Lawyer

1. Recognize the concept of the right of the accused persons to receive help from lawyers in criminal cases.
2. Recognize the right to assistance from a lawyer in Lao laws and international conventions.
3. Recognize the similarities and differences between Lao laws and international conventions on the assistance of lawyers in criminal cases.

Chapter 2

The concept of the right of the accused persons to receive assistance

from lawyers in criminal justice

2.1. The basic theory is to protect the right of defendants in criminal justice

The research on the basic theory about the right of access a lawyer by the accused persons or defendants in criminal justice is related to some principles of the rule of law. The rule of law states that equality before the law is by virtue part of the natural law to protect the rights and freedom of people. Equality before the law includes thefollowings:

• First, everyone is equally treated under the same laws andthe same principles.
• Second, no administrative state shall use their power to violate the rights and freedom of the people.
• Third, authority is closely governed by nature to ensure the security of their people.[2]

Any legislation that follows the philosophy of the natural law is essential for creating the rights and freedom of human beings. For example, the Universal Declaration of Human Rights is made on the basis of the natural law. The adoption of the International Covenant on Civil and Political Rights also requires states to respect individual rights by limiting the the power of the state to commit serious human rights violations. For example, the rights to life, property, safety, physical being and the right of access a lawyer to defend the court all have equal importance. The Universal Declaration on Human Rights in 1948, Article 11, (1) stipulates “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”.

In addition, countries with democracy have also adopted legislation to protect the rights and freedom of the people and that everyone maintains equality before the law.Equality before the law is enshrined as a fundamental human right. It is evident that many law scholars adhere to the neutrality of legislation to be the basis for drafting a law, implementing criminal justice, creating a law institution and guiding judges[3]. The principle of equality is important to support the right of access a lawyer by the accused persons or defendants in criminal justice. UN member countries all have to abide by the UN Declaration of Human Rights which requires nations to uphold and follow in respect of the principle of equality before the law. The Lao P.D.R became a UN member on 14 December 1955 and has obligations to comply with the UN Charter on Human Rights.

As mentioned, the basic principle of human rights allows lawyers to counsel the accused persons or the defendants in criminal justice. The UN Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Cutural, Social and Economic Rights and other UN Charters on Human Rights contain specified features that urge state and governments to positively carry out basic human rights accordingly. People’s rights cannot be safeguarded unless the state provides assistance to obtain those rights. This includes the right to find a lawyer as provided by the state. The principle from the UN Declaration of Human Rights provides the right to receive help from a lawyer in criminal justice who plays the most important part. This is the principle on the role of lawyers in criminal justice.

Lawyers are an important agent in all criminal procedures as they obtain knowledge and experience to enhance the right of the accused persons to attend a just and fair trial. The judges will consult laws and issue the court decisions whether to release or imprison the accused persons. Such a case requires lawyers to assist the accused persons to review the laws in court proceedings.

2.2. The Drive for Equity and the Principle of Equality to Defend a Case

2.2.1. The Drive for Equity to defend a case

Reasonsto commit acrimein society derive from many factorssuchas ignorance, disobeyance ofthe law, poverty, economic marginalization for those who are poorand thesocialenvironment. The offence usually occurs naturally and unwillingfully. Justice is responsible to find the truth in order to bring the offenders to court to punish and protect the innocent people against factual information. However, the practice is quite complex which prevents people from understand such complexity represented in criminal justice. For those who do not fully understand the laws and criminal justice, the ability to defend themselves in courts is limited. In all cases, the defendants have to prove that they are innocent and deny all the charges toward them. The drive for equity allows both the claimants and the accused persons to equitably defend their case and present evidence. In general, the accused persons have a disadvantaged position to defend themselves as some of them are poor and are not competent. It leaves the judges to make the court deicsions in sole dicretion. Therefore, states need to help the accused persons to find a lawyer.

The Lao PDR has set out the consitution, laws and the law on criminal procedures to protect people's rights. These legal documents facilitate in a faster and equal manner to assist Lao citizens in all aspects. Nonetheless, there is still inconsistency in practice within criminal justice. The government can only and partially provide assistance to the accused persons. Other legal agencies are still not equipped to effectively drive the legal framework. If they are still not capable of performing the intended goals, the mission to act to ensure the freedom of people in criminal cases cannot be perfectly guaranteed.

One important factor to improve the efficiency of different agencies to resolve different viewpoints is to change the perspectives of personnel within the legal system.Unless they alter their perspectives, the right of the accused persons will still be neglected. Neglecting the right of the accused persons can happen especially for those who are illiterate and poor. The opportunity to protect themselves may not exist which deprives their ability to prove that they are innocent of a crime. Therefore, lawyers form an important mechanism to fill in such a deficiency in criminal justice and improve the capability of the accused persons to defend the case in an equitable manner.

2.2.2. The principle of equality in criminal justice

After the declaration of independence, different laws have been adopted since 1989 and in 1991 the first constitution was established.

2.2.3. The right of access a lawyer during investigation

The Law on Criminal Procedure of the Lao PDR adheres to the right of the accused persons from investigation.

LawCriminalProcedureArticle 65 (Amended):

1. Theright to court hearings and deny the claims;

2. Toexplainhis/herrightto defend acase;

3. Make a statement and submit evidence;

4. Therightto presentand petition against court decisions;

5. Receive the notice for opening an investigation, the defending statement, the order of the court decision, appeal against, or request the cancellation of, an order of an investigator, an interrogator, or a public prosecutor, or an instruction, order, or decision of the people’s courts.

6. Ask to see the documents in the case file, to make a copy of required documents from the file, or to make notes of necessary information contained in the file;

7. Ask for and meet with a lawyer or other protectors;

8. Require the recusal of a judge in criminal court as defined in Article 52 Principle 1 and 2 of the Law on Criminal Procedures;

9. Complain against acts and orders of investigators, interrogators, public prosecutors, or the people’s courts that is believed to be unlawful;

10. Appeal against, or request the cancellation of, an order of an investigator, an nterrogator, or a public prosecutor, or an instruction, order, or decision of the people’s courts.

Chapter 3

The right to receive assistance from a lawyer

3.1. Rights of the accused persons to receive assistance from a lawyer under international conventions

The UN Declaration of Human Rights stipulates that everyone is equal before the law and is entitled to protection by law equally without discrimination including coercion which will prevent the right to lodge a claim. Everyone shall receive help from relevant jurisdiction to mitigate any violations against their fundamental rights as stipulated in the constitution or laws. All persons with conscience, morality and the spirit of brotherhood[4] in mutual understanding[5] will have inherent freedom and are equal before the law. All persons are equal before the law and entitled to protection by law equally without any discrimination[6]. All persons being accused of committing a crime will be presumed innocent until proved guilty in open court proceedings. The accused persons will be given all necessary guarentees to defend in courts.[7]

All people equal before the law will have equal rights and obligations to defend in an open court process that is lawful, independent and unbiased. Confidential court decisions may be run through all or part of the hearings by means of tradition, social order and national security. The decisions will be made in accordance with socialist democracy or the court finds the necessity to protect the life of both parties or that disclosure of the proceedings would harm the justice. Any court decisions of civil and criminal cases will not be confidential unless the cases involve children. The accused persons in criminal justice shall not be regarded as a wrongdoer until a final court decision is reached. The accused persons in criminal justice will be guaranteed the followings:

(A) To be informed promptly and in detail of the nature, cause and contnet of the charge which the accused persons fully understand;

(B) To have sufficient time and the necessary facilities for the preparation of the defence and to freely communicate and receive counseling from the chosen consultant.

(C) To be trialed with undue delay;

(D) To participate in the proceedings and defend accordingly or with the assistance of a lawyer. The accused persons who do not have a lawyer will be notified that they are entitled to a lawyer with government expenses.

(E) To question witnesses against them and allow a lawyer of the accused persons to attend the court hearings within the same conditions to the claimants.

(F) To ask for an interpreter free of charge when they do not understand or speak the language used in courts.

(G) To not be forced toconfess.

In case of child offenders, the court proceedings will take into account the age and purpose for education and training of a child. Persons convicted of criminal offence has the right to appeal to the supreme court for reconsideration of the judgment and sentence according to the laws. Where the final court decisions are reached or cancelled as new facts are found that the court decisions are wrong, persons being penalized will be compensated for damages legally. Unless the decision is open or partial disclosure of the facts, no compensation shall be made. No person shall be re-punished or re-accused against the final court decisions.[8]

Legal assistance to the suspects or the prosecution of criminal offense should ensure that anyone who is arrested, detained, suspected or prosecuted punishable by imprisonment ordeath penalties is entitled to legal assistance in all stages of criminal justice.Legal assistance should be provided, regardless of conviction. If the call for justice for example, the call for investigation is speedy or complex or punishment is severe, a child offender should be lawfully assistedunder the same terms or conditions as other adults. It is the responsibility of police, prosecutors and judges to ensure that the accused persons who cannot afford a lawyer may be assisted with legal aid[9]

In conclusion, the UN Declaration on Human Rights provides a key principle to the protection of equality before the law for the innocent persons. The rights to justice that is independent and unbiased along with ensuring all necessary protection to everyone's complaints by criminal law, the level of minimum guarantee, and the undue delay. The International Convenant on the Civil and Political Rights^[10], Article 14 states, which stipulate that “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”.^[11]

3. 2.The right to receive asssistace from a lawyer in Laos

Equality of Lao citizens before the law and the court: Criminal procedures must implement on the basis of equality of all citizens before the law and the courts regardless of gender, race, ethnicity, status, economic and social status, language, level of education, occupation, beliefs, settlements and etc.[12]. The ability to lodge complaints and petitions on the relevant issues related to the rights and benefits or collective rights and interests of their own. Complaints, petitions and opinions of citizens must be considered and resolved as required by law.[13] All citizens regardless of gender, social status, the level of education, beliefs and ethnic groups are equal before the law.[14] The accused persons have the right to access and obtain a lawyer in criminal defence.[15]

Thelawoncriminalprocedures, amended in 2012, Article 55 principle 7 stipulates that an accused person has the right to defend the case. The accused person may defend himself or have a lawyer to provide him legal assistance. In case the accused person cannot hire a lawyer, a court or state will allocate a lawyer. A person accused of a crime is of freedom and liberty. If the court decides to imprison the accused persons, the charge would be difficult for the accused person to defend without a lawyer. The law does require that states must appoint a lawyer to help an accused person who is without knowledge of the law or cannot afford to hire a lawyer. If the accused person is examined in court through a criminal or civil case without help from a lawyer, they will be in a disadvantaged position to the claimants. The state must find a way to appoint a lawyer to help. The Lao Constitution in 2003 (Amended) Article 41 stipulates that ‘ Lao citizens have the right to lodge complaints and petitions and to propose ideas to the relevant State organisations in connection with issues pertaining to the public interest or to their own rights and interests’.

4. Comparisons of Lao Laws and International Laws

Lao laws		International Laws
Similarities	Differnces	Similarities	Differences
CONSTITUTION OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC (Amended 6/5/2003)		UN Universal Declaration of Human Rights No. 217 A (III), dated 10 December 1948
Article 41 (New). Lao citizens have the right to lodge complaints and petitions and to propose ideas to the relevant State organisations in connection with issues pertaining to the public interest or to their own rights and interests. Complaints, petitions and ideas of citizens must be examined and resolved as provided by the laws.		Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.	Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
The Law on Criminal Procedures No. 30/NA, 2004		Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment No 3 page 114 -147
Article 18. Guarantee of the Right of Citizens to Bring Petitions or Claims [Every] citizen has the right to bring a petition or claim regarding the performance of duties of the investigation organisations, the Office of the Public Prosecutor, the people’s courts, or any person in such organisations who has contravened the laws. The organisation that has received such petition or complaint shall examine and consider such document in a timely manner, and shall report theresults of the examination in writing to the organisation or individual who sent the petition or complaint, and find an appropriate method to deal with their problem. Organisations that have committed offences shall restore the dignity of, and shall compensate for the benefits lost by, the injured party. Any civil servant or individual who violates the laws shall be subject to disciplinary [measures] or legal proceedings depending on the severity of the offence.	Article 7. Guarantee of Right of Defence to Accused Person An accused person has the right to defend the case. The accused person may defend himself or have a lawyer to provide him legal assistance. The people’s courts, public prosecutors, interrogators17 and investigators shall guarantee the right of defence in the proceedings to an accused person in order to protect his legitimate rights and interests. The claimant18 shall bring evidence to prove his claim and to prove that the accused person or defendant committed the offence. The offender, accused person, or defendant has the right to present evidence to defend himself, but shall not be forced to bring evidence to prove his innocence.	Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given
		International Convenant on Civil and Political Rights, No 2200A (21), 16 December 1966
		Article 14. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (d) To be tried in his presence, and to defend himself in person or through legal as sistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; 5. Everyone convicted of a crime shall have the right to his conviction and sen tence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. 4. In the case of juvenile persons, the procedure shall be such as will take ac count of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sen tence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Chapter 4

Comparasons of the Compatibility between Lao Laws and International Conventions

1. Discussion

Results from the study on Lao law and international law through analysis found that both legal systems are coherent especially the section on citizens before the law in courts. Criminal procedures must implement on the basis of equality of all citizens before the law in courts regardless of gender, race, ethnicity, economic and social status, languages, and levels of education, occupation, beliefs and settlements. All citizens can lodge complaints to protect their rights and benefits. Complaints, petitions and opinions of citizens must be considered and resolved as required by law. <a href="#_ftn16" name="_ftnref16" title=""><sup><strong><sup>[16]</sup></strong></sup></a>The accused persons are entitled to have a lawyer or other protectors.

In addition, thelawoncriminalprocedures, amended in 2012, Article 55 principle 7 stipulates that “an accused person has the right to defend the case. The accused person may defend himself or have a lawyer to provide him legal assistance. In case the accused person cannot hire a lawyer, a court or state will appoint a lawyer”. A person accused of a crime is deprived of freedom and liberty. If the court wrongfully decides to imprison the accused persons, the charge would be difficult for the accused person to defend without a lawyer.

Therefore, the laws stipulate that states must appoint or hire a lawyer to counsel and provide assistance to the accused persons. The accused persons who cannont afford a lawyer whether through civil or criminal procedures must be assisted by a lawyer to defend in courts with government’s and state’s expenses. As the Lao Constitution, 2003, Article 41 stipulates “Lao citizens have the right to lodge complaints and petitions and to propose ideas to the relevant State organisations in connection with issues pertaining to the public interest or to their own rights and interests. Complaints, petitions and ideas of citizens must be examined and resolved as provided by the laws”.

Although the Lao laws state clearly all the rights of the accused persons consistent with internatonal conventions, the accused persons sometimes cannot fully exercise those rights in practice. The majority of the accused persons do not realize that those rights exist in judiciary. Some do not know how to read and write, do not understand laws and the language written. Some officers do not realize the important roles of lawyers in criminal justice. It sometimes derives from misunderstanding of the laws whether or not the accused persons are entitled to access a lawyer. Currently, there are only 199 lawyers countrywide and only 144 lawyers can attend criminal justice.

2. Opportunities and Limitations

2.1 Opportunities for the Accused Persons to have a Lawyer in Criminal Justice

The international conventions stipulate clearly that the accused persons will be granted access to a lawyer to defend on their behalf.

Although opportunities are present, from analysis there are still numerous limitations in practice for the accused persons to access a lawyer. For example, some laws are ambiquious and open to many interpretations. Some government officers do not realize the roles of a lawyer in criminal procedures. There are not sufficient numbers of lawyers countrywide to assist the accused persons. Currently, 199 lawyers are registered but only 144 lawyers can assist the accused persons in criminal proceedings. There are only 5 senior lawyers who are competent in laws to provide assistance to a population of 6,700,000.

Chapter 5

Summary and Recommendations

• Summary

The results of this study found that through comparisons of Lao laws and international conventions, it is obvious that theories, Lao laws and other international conventions are consistent.. Some laws are explicitly stipulated in detail and only in principle. For example, all Lao citizens are equal before the law and courts. Criminal procedures must implement on the basis of equality of all citizens before the law in courts regardless of gender, race, ethnicity, economic and social status, language, level of education, occupation, beliefs and settlements.^[17] All citizens can lodge complaints to protect their rights and benefits. Complaints, petitions and opinions of citizens must be considered and resolved as required by law.^[18]The accused persons can access a lawyer to defend a case on their behalf.^[19]

In addition, thelawoncriminalprocedures, amended in 2012, Article 55 principle 7 stipulates that “an accused person has the right to defend the case. The accused person may defend himself or have a lawyer to provide him legal assistance. In case the accused person cannot hire a lawyer, a court or state will appoint a lawyer”. A person accused of a crime is deprived of freedom and liberty. If the court wrongfully decides to imprison the accused persons, the charge would be difficult for the accused person to defend without a lawyer. Whether in criminal or civil procedures, such rights must be regarded by the courts and other judiciary power. Therefore, the laws stipulate that states must appoint or hire a lawyer to counsel and provide assistance to the accused persons. The accused persons who cannot afford a lawyer whether through civil or criminal procedures must be assisted by a lawyer to defend in courts with government’s and state’s expenses. As the Lao Constitution, 2003, Article 41 stipulates “Lao citizens have the right to lodge complaints and petitions and to propose ideas to the relevant State organisations in connection with issues pertaining to the public interest or to their own rights and interests. Complaints, petitions and ideas of citizens must be examined and resolved as provided by the laws”.

Recommendations

To promote the roles of a lawyer in criminal procedures and the rights of the accused persons to access a lawyer consistent with Lao laws and international conventions, the study recommends the following points:

• Establish a lawyer unit in local locations for all Lao citizens to access.
• Dissemination of law, regulations and legislation through media about the right of the accused persons and the role of a lawyer ; provide education and training to government officers related to the above right.
• Establish training or workshops on legislation, the law on lawyers in conjunction with the work of investigators and judges.
• Amendment to the law is need to make it precise and comprehensive which is consistent with other international conventions ; dissimenation of legislation and international conventions may be needed for the wider public.

Reference

• The Constitution of the Lao People’s Democratic Republic (Amended) 2003.
• Law on Criminal Procedures, 2012
• Compendium of United Nations standards and norms in crime prevetion and criminal justice
• Rationality in Law subject (2534)
• Yout Sengouthai (2522) Basic Knowledge on General Laws. Page. 130
• UN Declaration of Human Rights No 217 A (III), 10 December 1948
• International Covenant on Civil and Political Rights, 1966
• Law on Lawyers, 2011
• President’s Decree on th Establishment, Mandates and Implementation of International Conventions, 2009

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[1] This research has been conducted by Bounmy Ladsamyxay is a lecturer and a member of Human Rights Unit at the Faculty of Law and Political Science, National University of Laos.He has been teaching and writing Public International Law textbooks as well as joint a research on Mapping and Analysis of Human Rights and Peace Education in Southeast Asia.This research project has been supported by Raoul Wallenberg Institute and the research team expects that this would be an opportunity to share with human rights scholars from different countries.

[2]Rationality in Laws subject (2534)

[3] Yout Sengphathai (2522) Basic Knowledge on General Laws, p.130

[4]Brotherhood refers to equal treatment and the practices of brotherhood

[5]Article 1 UN Declaration of Human Rights 1948

[6]Id.

[7]Article 11, paragraph 1 UN Declaration of Human Rights 1948

[8] Article 14 International Covenant on Civil and Political Rights 1966

[9]Compendium of UN Standards and Norms in Crime Prevention and Criminal Justice

[10]See resolution 2200 A (XXI), annex

[11][Report of the Third Committee ( A/67/458 ) ]67 / 187 . Compendium of UN Standards and Norms in Crime Prevention and Criminal Justice

[12]Article 6, Law on Criminal Procedures, 2012

[13]Article 4, the Constitution of the Lao People’s Democractice Republic, 2003.

[14]Id.

[15]Article 65, Law on Criminal Procedures, 2012

[16]Article 4, the Constitution of the Lao People’s Democratic Republic, 2003.

[17]Article 6, Law on Criminal Procedures, 2012

[18]Article 4, Constitution of the Lao People’s Democratic Republic, 2003.

[19]Article 65, Law on Criminal Procedures, 2012