New information:
The Observatory has been informed by Chinese Human Rights Defenders (CRD) about the reject of the appeal that Mr. Lü Gengsong, a free-lance writer and human rights defender of Hangzhou, had formed before the Zhejiang Provincial High Court.
According to the information received, on April 14, 2008, the Zhejiang Provincial High Court rejected in a closed trial the appeal of Mr. Lü Gengsong, who had been convicted of "inciting subversion of state power" and sentenced to a four-years prison term and a one-year political rights deprivation on February 5, 2008.
Mr. Lü, who is currently detained at the Xihu (West Lake) Detention Centre in Hangzhou City, announced his intention to file a complaint to the Supreme People’s Court.
The Observatory expresses its deep concern about the reject of the appeal of Mr. Lü Gengsong, as it seems to merely aim at sanctioning his human rights activities. Indeed, in the past, Mr. Lü has frequently posted news articles on the Internet to report official corruption, organised crime and forced evictions of urban residents. In addition, a few days before his own arrest, he reported on the confinement in a psychiatric hospital of Mr. He Weihua, a Chinese blogger, and the day before his detention, he attended the criminal trial of Mr. Yang Yunbiao, a housing rights activist.
The Observatory expresses its deepest concern about Mr. Lü’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 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 [1], 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" [2].
Background information:
On August 24, 2007, police officers from the Hangzhou’s Xihu District Cuiyuan Dispatch Station called Mr. Lü Gengsong "for a talk" but he never came home. Subsequently, several state security police officers carried out a search in Mr. Lü’s home and took away his computer hard drive, along with his daughter’s one. Mr. Lü’s wife was also taken to the detention centre for related paperwork.
On September 29, 2007, Mr. Lü was formally arrested and charged with "incitement to subvert state power". Furthermore, police reportedly prevented Mr. Lü’s wife from going to Beijing to petition on his husband’s behalf, and threatened that if she proceeded, she would be dismissed from her job, and her daughter’s schooling would also be affected.
On February 5, 2008, Mr. Lü Gengsong was sentenced by the Hangzhou City Intermediate People’s Court on the outcome of a court session that lasted 15 minutes. Apart from Mr. Lü’s wife, his daughter and two friends, his other supporters and friends were prevented from attending the verdict by the Hangzhou Public Security Bureau (PSB).
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. Lü Gengsong as well as of his family’s members;
ii. Release Mr. Lü Gengsong since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
iii. Put an end to the harassment against all human rights defenders in China;
iv. 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", Article 11 which reads that "everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession" 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";
v. 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.