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), requests your urgent intervention in the following situation in the People’s Republic of China.
New information:
According to the information received, on October 12, 2006, Mr. Gao Zhisheng’s lawyer was informed that his client had been formally arrested and charged with "inciting to subvert the state".
As a criminal defence lawyer, Mr. Gao Zhisheng represented defendants in sensitive cases involving alleged violations of human rights, such as torture of members of the Falun Gong and Christian house church leaders, as well as arbitrary detention of petitioners seeking official accountability for corruption and neglect. He also represented defendants in cases involving freedom of speech and the press.
In November 2005, the activities of the Shengzhi Law Office were suspended by the Beijing Municipal Bureau of Justice for one year, and, in December 2005, Mr. Gao Zhisheng’s licence to practice law was revoked. These events followed the publication of an open letter on religious freedom. Mr. Gao’s appeal to review the decision to suspend his license was rejected. Since then, Mr. Gao had been under close police surveillance and constant harassment and intimidation.
On August 15, 2006, Mr. Gao was arrested by more than 20 plainclothes officers from the Beijing Public Security Bureau at his sister’s home in Dongying City, Shandong Province, without showing any warrant or other decision by a public authority. The officers threatened Mr. Gao’s sister and told her to remain silent about Mr. Gao’s arrest.
On August 18, 2006, the official Xinhua News Agency released a statement saying that Mr. Gao Zhisheng had been arrested "on suspicion of breaking the law," although no details were provided about the specific crime he was alleged to have committed. Since then, neither his family nor his lawyer have been notified of Mr. Gao’s whereabouts. Indeed, the authorities have prevented Mr. Gao’s lawyer from visiting his client, citing that the case involves "state secrets".
The Observatory strongly condemns the incommunicado detention of Mr. Gao Zhisheng, and expresses its deep concern about his physical and psychological integrity, fearing that he may be at risk of torture and ill-treatment.
Actions required:
Please write to the Chinese authorities urging them to:
i. Guarantee in all circumstances Mr. Gao Zhisheng’s physical and psychological integrity and in particular ensure that he be not subjected to torture or other cruel, inhuman or degrading treatment or punishment during his detention;
ii. Provide, with the greatest celerity, information on his whereabouts as well as on his conditions of detention;
iii. Order the immediate and unconditional release of Mr. Gao Zhisheng as his detention is arbitrary;
iv. Put en end to the harassment against all human rights defenders in 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", and article 12.2, which states 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:
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
President Hu Jintao, People’s Republic of China, c/o Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Genève, Swtzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int
Minister of Justice of the People’s Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345
Minister of Foreign Affairs of the People’s Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn
Ambassador, Sha Zukang, Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14
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.
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Geneva-Paris, November 17, 2006
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 et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29