Arbitrary detention / Judicial proceedings - CHN 006 / 0706 / OBS 087.1

18/08/2006
Urgent Appeal

The Observatory has been informed that the trial of Mr. Chen Guangcheng, a lawyer involved in denouncing the extensive use of violence of the authorities of Linyi, Shangdong province, in the implementation of the birth planning policy, will open tomorrow, on August 18, 2006.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in the People’s Republic of China.

New information:

Mr. Chen, was arrested in March 2006 on the pretext that he and others activists had obstructed traffic. He is currently under criminal detention at the Yinan County Detention Centre. On June 11, 2006, Mr. Cheng’s wife, Mrs. Yuan Weijing, was notified by the Yinan County Public Security Bureau that her husband was charged with "deliberate destruction of property" and "organising a mob to disrupt traffic".

The first hearing in his case, which was scheduled for July 20, 2006, was finally postponed until August 18, 2006, by the Linnan County People’s Court in Shandong Province.

The Observatory is particularly concerned by the fact that Mr. Xu Zhiyong, one of Mr Chen’s defence lawyers who was supposed to replace lawyer Mr. Li Jingsong, could not get permission from the court, which refused to process the necessary documents. This occurred while Mr. Chen’s lawyers have reportedly been under strong pressure from the authorities to drop the case. In view of this, the Observatory fears that his right to a fair and impartial trial is jeopardised.

The Observatory also fears that the judicial proceedings against Mr. Chen be directly linked to his activities in favour of the villagers of Linyi, who have been the victims of numerous violations of their rights in relation to the implementation of the birth planning policy. Mr. Chen tried in particular to assist them in bringing legal proceedings against the perpetrators of such violations.

The Observatory is deeply concerned about these acts of reprisal against Mr. Chen and stresses that they contravene the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 6.b, which states that "everyone has the right, to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms", and its article 9.3.c, which states that "everyone has the right [...] to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms".

The Observatory also urges the Chinese authorities to conform with its international human rights obligations, commitments that were reaffirmed by China on the occasion of its election as a member of the new United Nations Human Rights Council.

Background information:

Mr. Chen Guangcheng began to investigate into the violence perpetrated on local women and their families in the name of meeting birth planning quotas in his native Linyi City in early 2005. Efforts were made to bring legal action against local authorities for related violations of national law. Information on the extensive violations was also published in international media and on the Internet. Eventually, the State Family Planning Commission conducted its own investigation and admitted publicly that officials had violated the law and that disciplinary action was being taken.

Since August 2005, the authorities have tried to undermine and intimidate Mr. Chen Guangcheng, his family and other villagers who support Mr. Chen’s work, through illegal means such as close surveillance, threats, house arrest and secret detention. On September 6, 2005, Mr. Chen was then placed under "residential surveillance".

On March 11, 2006, local police arrested and questioned Mr. Chen Guangcheng on the pretext that he and others activists had obstructed traffic. On the same night, the police assaulted Mr. Chen’s wife.

After his arrest, the police did not notify his family of the reason for his detention, nor did they inform them of his whereabouts. During Mr. Chen’s detention, the police repeatedly summoned and detained many local rights activists and supporters for questioning. On May 8, 2006, when Mr. Chen’s lawyer requested to meet him, the police even denied that they were holding Mr. Chen in detention.

Actions required:

Please write to the Chinese authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Chen Guangcheng;

ii. Ensure the immediate release of Mr. Chen Guangcheng and that his rights to a fair and impartial trial be guaranteed in any circumstances;

iii. Put an end to any kind of reprisals, including judicial harassment, against Mr. Chen Guangcheng, as well as against all human rights defenders in China;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", article 12.2, which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration", as well as articles 6.b and 9.3.c above-mentioned;

v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments signed by the People’s Republic of China, in particular the International Covenant on Civil and Political Rights (ICCPR), that China has publicly declared its intention to ratify.

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, Genève, Swtzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int

 Minister of Justice of the People’s Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345

 Minister of Foreign Affairs of the People’s Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn

 Ambassador, Sha Zukang, Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14

 Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn

Please also write to the diplomatic representations of the People’s Republic of China in your respective countries.

***

Geneva-Paris, August 17, 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a 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.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

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