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).
According to the information received, in the morning of March 30, 2010, Mr. Hu Jia underwent an examination in the prison hospital to determine if he has liver cancer as a previous examination had revealed a three-centimetres growth on his liver. Mr. Hu Jia has reportedly remained in the prison hospital for treatment since that date. However, as of issuing this urgent appeal, Mr. Hu Jia had not been allowed to see his family, and doctors had still not informed his relatives on the results of the latest round of tests, although they had assured that they would do so by April 2, 2010.
According to Mr. Hu’s wife, Mrs. Zeng Jinyan, the health of Mr. Hu, diagnosed with cirrhosis of the liver in 2006, has steadily deteriorated in the framework of his arbitrary detention since December 27, 2007 (See background information). Since his transfer from the Chaobai prison to the Beijing Municipal Prison in October 2008, Mr. Hu has lost weight and struggled with stomach ailments, persistent colds, polypoid lesions of the gallbladder, portal hypertension and gallstones in addition to the worsening of his cirrhosis, due to the poor nutrition and bad conditions of detention.
Chinese regulations governing the release of prisoners on medical parole state that those with serious, life-threatening diseases are eligible for medical parole at any time, and those who suffer from chronic diseases which have worsened despite long-term treatment are eligible after serving at least one-third of their sentence. Mr. Hu Jia meets both of these conditions.
Accordingly, on April 7, 2010, Mrs. Zeng Jinyan has applied to prison officials in Beijing for Mr. Hu’s release on medical parole. However, the prison authorities told Mr. Hu’s lawyer that the medical parole is unlikely to be granted as his case involved “other considerations” beyond his medical condition.
The Observatory expresses its deep concern about Mr. Hu Jia’s health and ongoing arbitrary detention, which seem to merely aim at sanctioning his human rights activities, and urges the Chinese authorities to immediately release Mr. Hu Jia and to guarantee his access to adequate and appropriate medical care.
Background information:
On December 27, 2007, about 20 policemen came to Mr. Hu Jia’s home, surrounded his wife and child as well as his wife’s grandmother, who was visiting, cut off the telephone line and internet connection, confiscated their mobile phones and then took Mr. Hu Jia away, on suspicion of “inciting subversion of state power”.
On April 3, 2008, Mr. Hu Jia was sentenced to three years and six months’ imprisonment and one year of political rights deprivation for “inciting subversion of state power” by the Beijing Municipal No. 1 Intermediate People’s Court. The court’s only ground for convicting Mr. Hu Jia consisted of his articles, press interviews, personal letters, testimony in European Parliament by Internet, and the open letter he signed: “The Real China Before the Olympics”, which demanded to end the pre-Olympics human rights abuses.
Mr. Hu Jia, who, according to the law, had ten days from his sentencing to appeal this decision, was prevented to receive visits from his lawyers in this period of time, in order to discuss the details of a possible appeal. Subsequently, Mr. Hu’s legal team was not able to form any appeal.
Since his sentencing, his lawyers have rarely been allowed to visit him. Whenever his family or lawyers confront the prison authorities, the latter always cite “internal regulations” as justifications for denying requests to visit him. In addition, Mr. Hu Jia’s health condition has been seriously deteriorating as the Beijing Public Security Bureau (PSB) has repeatedly refused to supply Mr. Hu with all the medication he needs and to deliver him the medication brought by his relatives to the detention centre.
On October 23, 2008, the European Parliament attributed the Sakharov Prize for Freedom of Thought to Mr. Hu Jia.
On April 9, 2010, the Chairwoman of Subcommittee on Human Rights Ms. Heidi Hautala called for Mr. Hu Jia’s release on medical parole[2].
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;
ii. Release Mr. Hu Jia immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
iii. Ensure in the meantime that Mr. Hu Jia be immediately granted all necessary medical treatment as well as access to his relatives;
iv. Put an end to any acts of harassment, including at the judicial level, against Mr. Hu Jia and more generally against all human rights defenders in the People’s Republic of China;
v. 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”, its article 9, which states that “[...] everyone has the right, individually or in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights” 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”;
vi. 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)
· 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
· Director of Beijing Municipal Prison Management Bureau, Zheng Zhenyuan Juzhang, No.4 Lirenjie, Xuanwu district, Beijingshi, 100054, People’s Republic of China. Email: bj@bjjgj.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.
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Geneva - Paris, April 13, 2010
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