Mr. Hu Jia, arbitrarily detained since December 2007, was formally charged- CHN 009 / 1107 / OBS 141.3

01/02/2008
Urgent Appeal

The Observatory has been informed by the Chinese Human Rights Defenders (CHRD) that Mr. Hu Jia, a Beijing-based HIV/AIDS activist, co-founder and former director of the Beijing Aizhixing Institute for Health Education, a grassroots organisation that aims at educating the public about HIV/AIDS and at advocating for the rights of persons suffering from AIDS, was formally arrested on January 28, 2008 [1].

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:

According to the information received, on January 28, 2008, Mr. Hu Jia, was notified his arrest warrant and subsequently charged with “inciting subversion of state power” by the Beijing Municipal Public Security Bureau (PSB). He has been arbitrarily detained since December 27, 2007 (See Background information) and is currently detained at the Beijing Municipal Detention Centre at Dougezhuang.

Since his arrest, the Beijing PSB has denied repeated requests by Mr. Hu’s lawyers to visit him, citing that the case was involving “state secrets” [2]. Furthermore, more than 20 police officers are permanently stationed around the residence of Mr. Hu’s wife and daughter, they have been prevented from received visitors, and the phone line and internet connection have been cut off.

The Observatory expresses its deepest concern about Mr. Hu Jia’s arbitrary detention and judicial proceedings, which take place in the context of a violent wave of repression against Chinese human rights defenders, and recalls that he has been subjected to repeated acts of harassment in the past due to his human rights activities.

The Observatory further expresses its concern for Mr. Hu’s health, who suffers from a liver disease and must take daily medication. In this regard, the Observatory condemns the refusal from the Beijing PSB to supply Mr. Hu with all the medication he needs and to deliver him the medication brought by his relatives to the detention centre. The Observatory also deplores the denial of the authorities to release Mr. Hu’s in spite of calls from his lawyers and of an application for release in this sense, invoking medical reasons.

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”. Several policemen remained at their home, keeping Mr. Hu Jia’s wife from publicly denouncing his detention.

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”. On November 10, 2007, Mr. Hu Jia was beaten by police officers who tried to prevent him from visiting his wife in the hospital.

Prior to this, Mr. Hu Jia has been victim of constant harassments due to his human rights activities. From February 16 to March 28, 2006, Mr. Hu Jia was arrested for having participated in a hunger strike organised by human rights defenders and lawyers to protest against the unlawful detention of human rights activists. During his detention, authorities repeatedly stated that they did not know Mr. Hu’s whereabouts and denied him the right to have access to the medication he requires to treat Hepatitis B.

Mr. Hu Jia has been under residential surveillance under long periods and has been unable to leave his home without the prior consent of the Tongzhou Unit (suburb). His wife, Mrs. Zeng Jinyan, has also been under surveillance and her movements have been restricted.

On September 7, 2006, Mr. Hu was arrested by 20 plain-clothes policemen and detained for 12 hours for no official reason.

On September 26, 2006, he was taken once again to the local PSB. Among other issues, the police interrogated him on his relationship with Mr. Gao Zhisheng and Mr. Chen Guangcheng, as Mr. Hu Jia had started an Internet campaign for their defence.

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 and his relatives;

ii.Release him immediately and unconditionally since his detention is arbitrary as it seems to merely aim at sanctioning his human rights activities;

iii.Guarantee unconditional access to his lawyers, families and any medical treatment he may require;

iv.Put an end to any acts of harassment against Mr. Hu, his family, his lawyers 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 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)
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.
***
Geneva-Paris, February 1, 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:
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

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