Samantha Orobator

Samantha Orobator was just 19 years old when she was arrested at Wattay Airport in Vientiane, Laos in August 2008. 

Charged with attempting to smuggle 0.68 kg of heroin to Australia, Samantha was taken to the notorious Phonthong Prison where the abuse of prisoners is routine. Former prisoners of this institution told Reprieve they were beaten and intimidated by guards and that they witnessed fellow inmates having their genitals burned by guards. In 2008, British national Michael Newman died in Phongthong after he was denied medication, and French national Francis Prasak died in the prison from a suspected heart attack in January 2001. Other prisoners described how their desperate requests to the prison guards for medical help were ignored.

It was several months into Samantha’s detention before Reprieve was informed of her plight, in January 2009. At this time Samantha had still not seen a lawyer. Reprieve later learned Samantha had become pregnant while in Phonthong. Despite her pregnancy, Samantha was continually threatened with the death penalty - even though Article 32 of the Lao Penal Law forbids the imposition of the death penalty on a pregnant woman.

In coordination with the British Foreign and Commonwealth Office and the Lao authorities, a legal visit to Samantha for Reprieve counsel Anna Morris was arranged. Just days before Anna was due to travel to Vientiane, however, the Lao government suddenly announced that Samantha would be tried the day before Anna’s arrival.

Following international media attention, the trial was put on hold until the Lao government could determine the paternity of Samantha's baby, despite the irrelevance of this issue to her trial for allegedly smuggling drugs several months previously. Lao officials forced Samantha to sign numerous conflicting statements about the father of her baby, designed to relieve the prison authorities of responsibility for the pregnancy - she was told her trial would not take place until she had signed these statements.

In spite of assurances from the Lao government that Anna would be able to meet with her client in private over the course of several days, she was in fact only permitted to see Samantha once, despite having travelled almost 10,000 km across the world,. At this meeting, no fewer than ten military generals were present, and consequently, Anna and Samantha were never able to talk freely.

Finally, at a brief trial on the June 3rd 2009, Samantha was convicted and sentenced to life in prison. At her trial, she was denied the basic rights of a fair hearing. She met her government-appointed lawyer only once before the trial, and never without the presence of the authorities. The lawyer did not take any witness statements, conduct any investigation, or commission any expert reports.

Samantha was only questioned by the prosecution and not given the opportunity to tell her side of the story by the defence. She was the only witness. Despite being five months pregnant, she was forced to stand while giving evidence. The lawyer for the prosecution asked the court to give Samantha the death penalty - in spite of her pregnancy - because she had brought “bad publicity” to the country. Ultimately she was sentenced to life imprisonment. It is Reprieve's belief that the trial was merely a sham, and that the verdict and sentence had been decided far in advance.

Once the verdict had been secured, after a significant delay on the part of the Lao government, a "Memorandum of Understanding" was signed between the Lao and UK governments, allowing Samantha to transfer back to the UK. Samantha was flown home on August 7th 2009, allowing her to give birth to her baby in safety.