China: Lawyer Lu Siwei arbitrarily detained by Chinese authorities

23 April 2025

The OIAD strongly condemns the arrest and prolonged detention of lawyer Lu Siwei, a Chinese human rights defender who has been the victim of a series of repressive measures directly linked to his professional activities.

On 14 October 2024, the Chenghua District Procuratorate issued an arrest warrant against Lu Siwei for “illegal border crossing”. The lawyer allegedly attempted to flee China to reach the United States via Laos and Thailand, with the aim of reuniting with his family. Lu Siwei was initially arrested in July 2023 and held incommunicado for over a month, without contact with his family or access to a lawyer. He was subsequently returned to China in clear violation of the principle of non-refoulement.

Mr Siwei is currently being held at the Chengdu City Detention Centre. He is being held in worrying conditions: overcrowding, poor food and limited access to healthcare. His detention raises serious questions about its legality.

Lu Siwei has distinguished himself in recent years by defending clients involved in “politically sensitive” cases. He has long been the target of harassment: he was disbarred in January 2021 for online comments deemed threatening to ‘national security’ and banned from leaving the country in May 2021.

His case is part of a broader crackdown by the authorities on independent lawyers, aimed at silencing dissenting voices within the judicial system. It appears intended to silence those who defend fundamental freedoms by criminalising their professional engagement.

The Observatory reminds the Chinese authorities of their commitments under the Universal Declaration of Human Rights, in particular Article 9, which prohibits arbitrary arrest and detention.

The Observatory reminds the Chinese State that it is bound by the provisions of the Convention against Torture, which states in Article 3 that “No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

The Observatory calls on the Chinese authorities to release Mr Lu Siwei immediately and unconditionally and to drop the arbitrary charges against him.

In accordance with the United Nations Basic Principles on the Role of Lawyers, the Observatory urges the Chinese State to guarantee Mr Siwei’s right to a fair trial, to a lawyer of his choice and to detention conditions in accordance with international standards.

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