New information :
The Observatory has been informed by Human Rights in China (HRIC),
that Mr. Zheng Enchong, a Shanghai lawyer involved in the defence of
economic and social rights of displaced persons, was sentenced on
October 28th, to three years in prison and deprivation of his
political rights for one year, on charges of "illegally providing
state secrets to entities outside of China" (article 111 of the
Criminal Law of the PRC) by the Shanghai Second Intermediate People’s
Court.
According to the information received, Zheng Enchong was accused of
sending two communications to HRIC, the name of the organisation
being referred to 12 times in the judgement. The first one refers to
a message from Zheng Enchong about the surrounding by 500 policemen
of more than 500 workers who were striking on 9 May 2003 following
the announcement that three-quarters of Shanghai Yimin Food Product
No. 1 factory’s workers would be laid-off. The second document on
which the conviction was based was a copy of an internal article of
Xinhua News agency entitled "Reporters covering conflict sparked by
forced removal come under attack". However HRIC never received this
article from him and the Court acknowledges that this document never
reached the organisation. Both communications were considered as
"state secrets" by the Shanghai State Secrets Bureau.
According to HRIC, this judgment highlights once again the Chinese
government’s efforts to suppress the right to information and freedom
of the press under the guise of protecting state secrets. In this
particular case, both "secrets" referred to incidents that occurred
in public, and of which countless ordinary citizens were already
fully aware.
The Observatory points out that this sentence is a flagrant violation
of the UN Declaration on Human Rights Defenders, in particular of its
article 5.c which states that "for the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the
right, individually and in association with others, at the national
and international levels, to communicate with non-governmental or
intergovernmental organisations", as well as of its article 6.b,
according to which "everyone has the right, individually and in
association with others, freely to publish, impart or disseminate to
others views, information and knowledge on all human rights and
fundamental freedoms".
Background information :
Mr. Zheng Enchong had been arrested on June 6 after assisting
displaced families in more than 500 cases relating to Shanghai’s
urban redevelopment projects. He was imprisoned at the Shanghai
Public Security Bureau Detention Center. His first family visit was
allowed on 20th August only. His house was searched at least twice;
during the searches, Public Security police warned his wife, Mrs
Jiang Meili, not to speak to the foreign media or other parties
outside of China.
According to the information received, Mr. Zheng’s license had been
revoked in 2001 in relation to cases he was handling for people
displaced by urban redevelopment. In spite of Mr. Zheng’s deprivation
to practice law and increasing official persecution, he continued to
provide legal advice to people, even though he could not represent
them in court.
Before being arrested Mr. Zheng was advising families involved in a
lawsuit alleging corrupt collusion between officials and a wealthy
property developer, Mr. Zhou Zhengyi.
Mr. Enchong was tried behind closed doors on August 28th, on charges
of "illegally providing state secrets to entities outside of China"
at the Shanghai Second Intermediate People’s Court in Zhongshan North
Road. Mr. Enchong’s wife, Jiang Meili, and other observers were
barred from the court on the grounds that the case involved state
secrets. However, it is reported that the proceedings were monitored
by representatives of the Shanghai municipal government. Represented
in court by his lawyers, Mr. Enchong pleaded not guilty in the trial,
which lasted for more than five hours and reportedly involved
vigorous legal arguments.
According to the information received, more than 300 people to whom
Mr. Enchong had been providing legal advice gathered to protest
outside of the court. The court called
in some 200 police officers to control the crowd, and more than 100
protesters were arrested and taken away in police vehicles.
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee in all circumstances Mr. Zheng Enchong’s physical and
psychological integrity;
ii. Drop the charges against him as they are arbitrary, and release
him immediately;
iii. Ensure that Mr. Enchong be immediately given back his lawyer
license, as well as rehabilitated in his political rights;
iv. Put an end to any form of harassment against lawyers and human
rights defenders in China;
v. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in
particular article 1, which states that "everyone has the right,
individually or in association with others, to promote the protection
and realization of human rights and
fundamental freedoms at the national and international levels" and
9.3.c above mentioned;
vi. Conform with the UN Basic Principles on the Role of Lawyers;
vii. Conform to the provisions of the Universal Declaration on Human
Rights and international human rights standards;
Addresses :
President Hu Jintao, People’s Republic of China, c/o Embassy of the
People’s Republic of China; 2300 Connecticut Ave., NW, Washington,
D.C., 20008, USA, Fax: +01
202 588-0032
President Hu Jintao, People’s Republic of China; c/o Permanent
Mission of the People’s Republic of China, Chemin de Surville 11,
Case postale 85, 1213 Petit-Lancy 2,
Geneva, Switzerland, Fax: +4122 7937014, E-mail:
mission.china@ties.itu.int
Ministry of Justice of the People’s Republic of China, 10 Chaoyangmen
Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China,
Fax: +86 10 65 292345
Paris - Geneva, November 7th, 2003
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete
support in their time of need.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch