Harassment / Arbitrary detention / Release - CHN 001 / 0206 / OBS 018

24/02/2006
Urgent Appeal

The Observatory has been informed by reliable sources that Mr. Yang Maodong, alias Guo Feixiong, a lawyer and human right defender, was detained for 26 hours on February 9, 2006 in the Fuyou police station in Beijing. He was released on February 10, 2006, and escorted back home by three policemen. Since then, his house is being watched by the police and he is being followed by policemen whenever he goes out.

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), requests your urgent intervention in the following situation in the People’s Republic of China.

Brief description of the facts:

On February 3, 2006 Mr. Yang had already been detained in the Linhe police station in Guangzhou for 12 hours. He had been subsequently released on February 4, 2006 at 12.30 am. Before he left the building, he was dragged out by a group of unidentified men who beat him violently and took the film. They reportedly twisted his arms and kicked his lower back in front of some policemen who did nothing to defend him.

The Observatory believes that these arrests are connected to Mr. Yang’s involvement in defending the rights of the Taishi villagers in the framework of their struggle against the corruption of a local civil servant.

Indeed, in July 2005, Mr. Yang started to give legal assistance to villagers in Taishi, who were trying to obtain the dismissal of Mr. Chen Jinsheng, the elected chief of the village committee suspected of corruption. Following the government’s refusal to accept their requests, the villagers staged sit-ins and hunger strikes. Since mid-September 2005, the local government decided to take coercive measures against the demonstrations: dozens of villagers were arrested and many got injured. Mr. Yang posted online comments about these events.

Mr. Yang had also been arrested in Guangzhou on September 13, 2005 and held incommunicado until October 4, 2005 when his lawyers were notified of his arrest and the charges against him ("assembling crowds to disturb public order"). While in detention, Mr. Yang, who was not allowed to meet his lawyers, carried out a 59-day hunger strike and he was fed by doctors against his will. He was released without charge on December 27, 2005.

Furthermore, Mr. Tang Jingling, a lawyer who helped, along with Mr. Yang, the Taishi villagers in filing their procedures, was harassed and beaten on February 2, 2006, while he was on his way back home after visiting Mr. Yang. Five unidentified men follow him and then beat him violently. After having reported what happened to a police station, he was followed all his way home by two taxis.


Actions required:

Please write to the Chinese authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Yang Maodong and Mr. Tang Jingling;

ii. Put an end to all acts of harassment against them as well as all other human rights defenders in China;

iii. 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 6(b), which states that "everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms", and its article 8(2), which provides that "everyone has the right, individually and in association with others, to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms";

iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.

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

Minister of Justice of the People’s Republic of China, WU Aiying Buzhang, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Telephone: +86 10 65205114, Fax: +86 10 64729863 or 65292345, Email: minister@legalinfo.gov.cn or pfmaster@legalinfo.gov.cn

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

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

***

Geneva-Paris, February 24, 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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