According to the information received, Mr. Gao Zhisheng who has been under constant police surveillance, along with his family, since receiving a suspended sentence for “inciting subversion” in 2006, was last heard from on January 19, 2009. Since then, he would reportedly being held incommunicado by security forces at an unknown location and his whereabouts remain unknown.
The Observatory expresses its deep concern about Mr. Gao Zhisheng’s enforced disappearance as it seems to merely aim at sanctioning his human rights activities, and fears for his physical and psychological integrity. Indeed, given the harsh treatment he received earlier, he is at immediate risk of severe torture and ill-treatment.
The Observatory recalls that the National People’s Congress amended the Chinese Constitution in 2004 to include that “the State respects and safeguards human rights” and that in April 2006, China submitted a document to the UN in order to support its candidacy to the Human Rights Council’s first election [1], in which it affirmed that the amendment to the Constitution was aiming at “defining the position of human rights in the overall national development strategy”. The Observatory further wishes to point out that, as a member of the Human Rights Council, China “shall uphold the highest standards in the promotion and protection of human rights” [2].
Background information:
On September 22, 2007, Mr. Gao Zhisheng was driven away from his home by ten plainclothes State security protection officers.
On September 13, 2007, Mr. Gao had written an open letter calling upon US Congressmen to express their concern about China’s human rights’ situation in the lead-up to the 2008 Olympic Games. On September 16, 2007, a group of police from the Security Unit of the Beijing Public Security Bureau (PSB) searched his flat and declared that a “supervision and modification” committee was to be formed in order to closely monitor his activities by requiring that some officials live in his flat for an undefined period.
Early November 2007, Mr. Gao was brought back to his flat, in Beijing. He would have been beaten and subjected to ill-treatments while in detention.
As a criminal defence lawyer, Mr. Gao has been involved in sensitive cases relative to human rights violations, such as torture of members of the Falun Gong and Christian house church leaders, as well as cases of arbitrary detention of petitioners seeking official accountability for acts of corruption and negligence.
Arrested without a warrant on August 15, 2006, Mr. Gao had been sentenced on December 22, 2006 for “inciting the subversion of State power” to three year’s imprisonment, commuted into five years parole and to the privation of his political rights during one year. Following this sentencing, Mr. Gao had been released and placed under house arrest.
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. Gao Zhisheng;
ii. Take prompt action in order to locate Mr. Gao Zhisheng, make public his whereabouts, and ensure his immediate release since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
iii. Put an end to the harassment against all human rights defenders in the People’s Republic of 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”, 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 the rights referred to in the present Declaration”;
v. 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;
* 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
* 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.
***
Geneva- Paris, February 4, 2009
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
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