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 (PRC).
New information:
The Observatory has been informed by Chinese Human Rights Defenders (CHRD) that Mrs. Zeng Jinyan, a Beijing-based human rights activist and wife of Mr. Hu Jia, an HIV/AIDS activist, co-founder and former Director of the Beijing Aizhixing Institute for Health Education, and her child have been returned to Beijing by police on August 23, 2008.
The Observatory recalls that on August 7, 2008, Mrs. Zeng had been taken by the police from her home, first to visit Mr. Hu at Chaobai Prison and then to Dalian, where Mrs. Zeng was detained in a hotel. Since her return to the capital, Mrs. Zeng has continued to be under strict residential surveillance by Beijing police.
Furthermore, the Observatory has been informed that Mr. Hu Jia, who is currently detained at the Chaobai Prison[1], and who suffers from liver cirrhosis, has been forced to perform manual labour under the hot sun for seven hours per day (Mr. Hu has been ordered to rake up leaves in the prison grounds). Mr. Hu was given the task after he had publicly pointed out that certain punishments used by Chaobai Prison violate basic human dignity. It is unclear how long Mr. Hu has been forced to perform the task. Mr. Hu, in poor health and suffers from liver cirrhosis, requires plenty of rest and regular check-ups with liver specialists. It appears that Mr. Hu has not been given any medical treatment at all..
Moreover, since August 1, 2008, Mr. Hu’s weekly letters to his family have been confiscated by the Chaobai Prison. The prison authorities have also intercepted a book on the rights of prisoners, sent to Mr. Hu by his wife, and Mr. Hu’s family has had limited access to the activist. The national security police, which have arranged sporadic visits to Mr. Hu, frequently use these visits as bargaining chip - Mr. Hu’s family has been warned that if they do not remain silent, they would be denied access to Mr. Hu. In addition, since Mr. Hu was sentenced on April 3, 2008, his lawyers have rarely been allowed to visit him. Whenever his family or lawyers confront Chaobai Prison, the authorities always cite "internal regulations" as justifications for denying requests to visit him.
Background information:
Since August 7, 2008, no information could be obtained on the location of Mrs. Zeng Jinyan, and all efforts taken to contact her since the eve of the Olympics Opening Ceremony had failed. The Observatory feared that Mrs. Zeng might have been taken away from Beijing to ensure that no journalists have access to her and that she would not be able to give interviews during the Olympic Games.
Mrs. Zeng Jinyan has been under intermittent residential surveillance for the last two years by police from the Beijing Public Security Bureau (PSB), and this surveillance has been strengthened since the detention of her husband on December 27, 2007. Lately, journalists who attempted to visit her at her apartment were turned back by security forces.
On December 27, 2007, about 20 policemen came to Mrs. Zeng Jinyan’s home, surrounded her and her child as well as her grandmother, who was visiting, cut off the telephone line and internet connection, confiscated her and her husband’s mobile phones and then took Mr. Hu Jia away, on suspicion of "inciting subversion of state power". Several policemen remained at their home, keeping Mrs. Zeng Jinyan from publicly denouncing Mr. Hu Jia’s detention.
On January 28, 2008, Mr. Hu Jia was charged with "inciting subversion of state power" by the Beijing Municipal PSB. Since his arrest, more than 20 police officers are permanently stationed around Mrs. Zeng Jinyan’s residence. She has been prevented from receiving visitors, and the phone line and internet connection have been cut off.
Mr. Hu Jia and his wife have been under residential surveillance by the Beijing PSB since May 18, 2007, without any legal basis. The surveillance began as the couple were about to set off on a tour of to promote their documentary film, "Prisoners of Freedom City".
Actions requested:
Please write to the authorities in the People’s Republic of China, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Hu Jia, Mrs. Zeng Jinyan and of their relatives;
ii. Release immediately and unconditionally Mr. Hu Jia since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
iii. Guarantee unconditional access to Mr. Hu Jia’s lawyers, families and any medical treatment he may require;
iv. Put an end to any acts of harassment against Mr. Hu Jia, Mrs. Zeng Jinyan, their family and, more generally, against all human rights defenders in the People’s Republic of China;
v. Conform with the Constitution of the PRC which provides that "the State respects and safeguards human rights", as well as with the document submitted by China to the UN in April 2006 to support its candidacy to the Human Rights Council’s first election, which pointed out that the above-mentioned provision of the Constitution was aiming at "defining the position of human rights in the overall national development strategy";
vi. 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 its 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 the rights referred to in the present Declaration";
vii. 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:
· 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)
· Mr. 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
· Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com
· 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.
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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:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] See Observatory Urgent Appeals CHN 009/1107/OBS 141.5 and 141.6, respectively issued on April 3 and 21, 2008.