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 July 22, 2008, at around 4 p.m., Mr. Ye Guozhu’s brother, Mr. Ye Guoqiang, received a call from Chaobai Prison in Tianjin. The prison authorities told Mr. Ye Guoqiang that it would not be necessary for him to come and pick up his brother on July 26, because police from Beijing Public Security Bureau (PSB) Xuanwu Sub-division had already taken him away. Mr. Ye Guoqiang immediately called Xuanwu police, who denied any knowledge of Mr. Ye Guozhu’s whereabouts. Xuanwu police later admitted that they had taken Mr. Ye Guozhu from Chaobai Prison. The Xuanwu district police later said that for the good of the family and to keep them out of trouble during the Olympic Games, the police would "take care of Mr. Ye Guozhu" but would not allow him to return home until "sometime after October 1, 2008". The police refused to let the family meet Mr. Ye Guozhu or tell them where he is now being detained.
The Observatory expresses its deepest concern about Mr. Ye Guozhu’s incommunicado detention, which takes place in the context of a violent wave of repression against Chinese human rights defenders who struggle to promote "a peaceful society concerned with the preservation of human dignity", in accordance with the Olympic Charter.
The Observatory further points out 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, 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".
Background information:
Between 2001 and 2003, the Government forcibly demolished the homes and restaurant of Mr. Ye Guozhu and his brother, Mr. Ye Guoqiang, to clear land for a facility to be used in the 2008 Beijing Olympics. The brothers were not offered sufficient compensation, and were thus deprived of their livelihood and rendered homeless along with their families, including their aged parents. The two repeatedly petitioned authorities for compensation without success. In desperation, Mr. Ye Guoqiang attempted suicide in October 2003. For that, he was sentenced to two years in jail for "provoking and making trouble".
Mr. Ye Guozhu began helping petitioners coming to Beijing to file complaints with the Central Government. In August 2004, he applied for permission to organise the "September 18 10,000-People March" to protest against forced evictions. He was promptly detained and on December 18, 2004 was sentenced to four years in prison for "provoking and making trouble". He has reportedly been tortured during his detention and imprisonment[1].
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. Ye Guozhu;
ii. Take prompt action in order to locate Mr. Ye Guozhu, make his whereabouts public, and ensure his immediate release since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
iii. Guarantee unconditional access to his lawyers, family and any medical treatment he may require;
iv. Put an end to any acts of harassment, including at the judicial level, against Mr. Ye Guozhu 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)
– 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.
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Geneva-Paris, July 23, 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
[1] See Observatory Urgent Appeal CHN 008/1007/OBS 132.1, issued on April 21, 2008.