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).
Description of the situation:
According to the information received, on November 12, 2008, Mr. Liu’s lawyers attempted to file a lawsuit against Luoyang RTL Management Committee, with the Xigong District People’s Court in Luoyang City, Henan Province, regarding the 21-month RTL sentence the committee issued against Mr. Liu on September 24, 2008[1], for applying to protest at the "Protest Zones" in Beijing in early August 2008, to denounce the forcible appropriation of his village land by the local government[2].
Mr. Liu’s lawyers based their appeal on the Administrative Litigation Law, which allows for individuals sent to RTL to challenge the decision by filing an administrative lawsuit. However, Mr. Liu’s lawyers were told by a court clerk that the Court simply refused to accept the case. The clerk argued that "higher authorities" had given "regulations" which stated that all administrative lawsuits which challenged RTL sentences handed out because of petitioning "cannot be accepted". Mr. Liu’s lawyers then took the case to a higher court, the Luoyang City Intermediate People’s Court, yet they received the same response.
The Observatory expresses its deep concern with the denial of a court hearing for Mr. Liu, which violates both the Criminal Procedure law of the PRC, and the Article 9 of the International Covenant on Civil and Political Rights (ICCPC) to which China is a party.
The Observatory further points out that in April 2006, China submitted a document to the United Nations (UN) in order to support its candidacy to the Human Rights Council’s first election, 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", and that as a member of the Human Rights Council, China "shall uphold the highest standards in the promotion and protection of human rights".
Actions required:
Please write to the Chinese authorities urging them to:
1- Guarantee in all circumstances the physical and psychological integrity of Mr. Liu Xueli;
2- Release him immediately, as his detention is arbitrary as it merely aims at sanctioning his human rights activities;
3- Guarantee that adequate reparation is provided to him, as a victim of legal abuse;
4- Put an end to all acts of harassment against him as well as all other human rights defenders in China;
5- Respect in all circumstances the right to a fair trial according to international human rights standards, including for those sentenced to RTL;
6- Conform with the Chinese Constitution which states that "the State respects and safeguards human rights" and aims at "defining the position of human rights in the overall national development strategy".
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";
7- 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
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 representations of the People’s Republic of China in your respective countries.
Paris-Geneva, November 14, 2008
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 and fax FIDH: + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel and fax OMCT: +41 22 809 49 39 / 41 22 809 49 29
[1] On September 24, 2008, Mr. Liu was sentenced to 21 months of RTL, for charges of "abnormal petitioning in Beijing", "distorting the facts and attacking national policy", "being in possession of illegal leaflets" and "sending a public letter to the 17th Party Congress signed by over 10,000 petitioners". However, the day before, the Luoyang RTL Management Committee had sentenced Mr. Liu to 18 months of RTL, yet the Committee offered no explanation or reasons for the change of sentence. Mr. Lui’s sentencing was handed down without a trial, and without any access to legal counsel, thus violating his right to a fair trial guaranteed in the Criminal Procedure law of the PRC and in the ICCPR.
[2] In the framework of the Olympics, the PRC set up "special protest zones" far from the main sports venues, in order to avoid any dissenting voice that could disrupt the games.