Ongoing residential arrest and judicial harassment against Mr. Liu Xiaobo - CHN 005 / 0809 / OBS 126

26/08/2009
Urgent Appeal

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), has received new information and requests your urgent intervention in the following situation in the People’s Republic of China.

New information:

The Observatory has been informed by reliable sources about the ongoing residential arrest and judicial harassment faced by prominent human rights activist Liu Xiaobo.

According to the information received, on June 24, 2009, Chinese authorities charged human rights activist Liu Xiaobo with "inciting subversion of state power", pursuant to Article 105 of the Criminal Code, after he had co-authored "Charter 08", a petition calling for political reforms and the protection of human rights in the country. Mr. Xiaobo remains in residential surveillance in an unknown place since December 8, 2008 (See background information).

The Observatory strongly condemns the judicial harassment faced by Mr. Xiaobo and believes that these acts of harassment merely aim at sanctioning his peaceful activities in expressing his views on how to promote democratic reform and protection of human rights in China, and as such are a flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998.

The Observatory further recalls that in April 2009, the PRC submitted a document to the UN in order to support its candidacy to the Human Rights Council, in which it affirmed that the PRC was "committed to the promotion and protection of human rights and fundamental freedoms of the Chinese people".


Background information:

On December 8, 2008, Mr. Liu Xiaobo was placed under "residential surveillance" at an undisclosed location in Beijing. "Residential surveillance" is a form of pre-trial detention. According to Article 57 of China’s Criminal Procedural Law (CPL), a suspect subjected to residential surveillance must be held either in her/his home or a designated dwelling if s/he has no permanent residence. Detaining Mr. Liu in an undisclosed location therefore breaches this legal provision. According to Article 58 of the CPL, the maximum limit for residential surveillance is six months. Because the Public Security Bureau (PSB), the Procuratorate and the Court all have the authority to impose residential surveillance on the same individual consecutively, Mr. Liu faces the possibility of being subjected to a maximum of 1.5 years of residential surveillance without charge or trial.

At the time of his arrest, the police also searched his home and confiscated his computers, mobile phones, books, magazines, printed papers and a draft of the "Charter 08" [1].

Actions requested:

Please write to the authorities of the People’s Republic of China asking them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Liu Xiaobo as well as all human rights defenders in China;

ii. Disclose Mr. Liu Xiaobo ’s whereabouts and release him immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;

iii. Put an end to any kind of harassment, including at the judicial level, against Mr. Liu Xiaobo as well as against all human rights defenders in China;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, 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 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 his or her rights";

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights 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 mission or embassy of the People’s Republic of China in your respective country as well as to the EU diplomatic missions or embassies in China.

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