Dear Mr. President,
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 been informed by reliable sources about a series of violations of the rights of the lawyers and family members of Mr. Hu Jia, a Beijing-based HIV/AIDS activist currently arbitrarily detained because of his involvement in human rights activities.
According to the information received, on January 10, 2008, Mr. Hu Jia’s lawyer, Mr. Li Jinsong, was placed under house arrest, before being released a couple of hours later. Mr. Li has been reportedly under constant police surveillance and the house arrest against him was implemented after he had invited foreign journalists to denounce the impossibility for him to see Mr. Hu Jia’s wife, Ms. Zheng Jinyan.
According to the same information, Mr. Jia’s second lawyer, Mr. Li Fangping, was strongly discouraged by the authorities to try to approach Mr. Hu’s home. Previously, on January 4, 2008 the two lawyers had already been prevented by the Chinese authorities to visit Mr. Hu in prison because the case was classified as a "state secret".
In addition, on January 14, 2008, Chinese policemen reportedly violated the new Chinese "regulations on foreign journalists" [1] by preventing them from visiting Mr. Hu’s spouse and daughter, on the grounds that a criminal investigation was under way. More than 20 police officers are permanently stationed around their residence and the phone line and internet connection have been cut off.
Mr. Hu has been detained since his arrest on December 27, 2007, when about 20 policemen came to his house and took him away [2]. After the arrest, several policemen remained at his residence, preventing Mr. Hu’s wife from publicly denouncing his detention. Mr. Hu is suspected of "inciting subversion of state power".
Mr. Hu and his spouse have been under residential surveillance by the Beijing Public Security Bureau (PSB) since May 18, 2007, without any legal basis. The surveillance began as the couple were about to set off on a tour of Europe to promote their documentary film, "Prisoners of Freedom City". Prior to this, Mr. Hu Jia had already been victim of constant harassment because of his human rights activities [3].
The Observatory expresses its deepest concern about the violations of the rights of Mr. Hu Jia’s lawyers and relatives, as well as about Mr. Hu’s arbitrary detention of, which take place in the context of a violent wave of repression against Chinese human rights defenders. The Observatory recalls in this regard that, as of the end of December 2007, Ms. Mao Hengfeng, Ms. Liu Jie, as well as Messrs. Yang Maodong, Chen Guangcheng, Wu Lihong, Lü Gengsong, Adruk Lopoe, Gao Zhisheng, Li Guohong, Gong Haoming and Li Hong remain currently arbitrarily detained - some of them being held incommunicado - because of their commitment in the defence of human rights [4].
The Observatory further expresses its concern for Mr. Hu’s health, who suffers from a liver disease and must take daily medication, and it is not clear if daily access to the medical treatment he needs is guaranteed and if he can count on a doctor’s assistance during his detention in the Beijing Municipal Detention Centre at Dougezhuang.
In addition, the Observatory wishes to recall 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 United Nations 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".
Accordingly, the Observatory urges the Chinese authorities to release immediately and unconditionally Mr. Hu Jia and all above-mentioned defenders, as well as all human rights defenders in the People’s Republic of China, insofar as their detention is arbitrary as it seems to merely aim at sanctioning their human rights activities, and to guarantee in all circumstances their physical and psychological integrity, as well as that of their lawyers and relatives, in line with the resolution of the European Parliament of January 17, 2008 [5].
Besides, the Observatory calls upon the Chinese authorities to put an end to any acts of harassment against all human rights defenders in the People’s Republic of China.
More generally, the Observatory calls upon the Chinese authorities to 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 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".
In the hope you will take these considerations and requests into account,
We remain,
Souhayr Belhassen Eric SOTTAS
FIDH President OMCT Director
Cc. Ambassadors of the People’s Republic of China in Belgium, Switzerland and France.