The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in the People’s Republic of China (PRC).
According to the information received, on November 6, 2009, M. Lin Dagang was convicted of two years’ imprisonment following a closed trial by the Jiaojiang District People’s Court in Taizhou, Zhejiang province, allegedly for "illegal possession of State secrets". The judge gave out the ruling orally. As of November 6, the Court had not issued any written sentence.
On June 10, 2009, Mr. Lin Dagang was summoned to appear in court and subsequently detained on June 11. He was accused of "illegal possession of the "Notice Regarding the Appropriate Handling of ’State-Maintained Rental Houses’"", a 2006 directive from the Ministry of Housing and Urban-Rural Development instructing the relevant local and provincial authorities to keep these houses as State properties, and to intensify the monitoring and subsequent control of petitioners.
Mr. Lin Dagang is an organiser of the Nationwide Property Owners of State-maintained Rental Houses, a group seeking to obtain the return of the "State-maintained rental houses" which were taken over by the Chinese Government in 1956 and rented out for around 20 to 40% of the original price as compensation for their owners. However in 1966, the Government stopped this compensation, and since the late 70’s, the owners have been requesting the reinstatement of their property rights.
The Observatory denounces the arbitrary detention and the judicial harassment against Mr. Lin Dagang, as it seems to merely aim at sanctioning his human rights activities, and calls for the full respect of fair trial standards.
The Observatory urges the Chinese authorities to comply with the relevant international norms and standards, in particular the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.
The Observatory further urges the European Commission Delegation as well as European Union (EU) Member-States embassies in the PRC to call upon the Chinese authorities to comply with the relevant international norms and standards and take action on this situation, in line with the EU Guidelines on Human Rights Defenders.
The Observatory further recalls that in April 2009, the PRC submitted a document to the UN in order to support its candidacy to the Human Rights Council, in which it affirmed that the People’s Republic of China was "committed to the promotion and protection of human rights and fundamental freedoms of the Chinese people".
Actions requested:
Please write to the authorities of the People’s Republic of China asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Lin Dagang, and all human rights defenders in the PRC;
ii. Release Mr. Lin Dagang immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
iii. Put an end to all forms of harassment - including at the judicial level - and ill-treatment of human rights defenders in the PRC, as well as any obstacles to freedoms of expression, association and assembly;
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", and Article 12.2, which provides 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 his or her rights";
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by the People’s Republic of China.
Addresses:
· Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs
· Ms. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn
· Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;
· Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216
· Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;
· 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 mission or embassy of the People’s Republic of China in your respective country as well as to the EU diplomatic missions or embassies in China.