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), requests your urgent intervention in the following situation in the People’s Republic of China.
Brief description of the situation:
According to the information received, on October 25, 2006, the Zibo City Intermediate People’s Court found Mr. Li Jianping guilty of "incitement to subvert state power" on the basis of some articles he wrote that were subsequently posted on overseas websites. Mr. Li was sentenced to two years in prison more than half a year after he went to trial and more than 500 days after he was first detained. He reportedly plans to appeal the verdict.
Mr. Li Jianping participated in the 1989 Democracy Movement as a founder of the Independent Federation of Shanghai Universities. In recent years, he had run a medical supplies business in Zibo City and also posted many articles on overseas Chinese websites.
On May 27, 2005, police officers from the local Public Security Bureau (PSB) reportedly came to Mr. Li’s home to carry out an "Internet security inspection" and after finding "indecent" images on Mr. Li’s computer, detained him on suspicion of libel. He was formally arrested on June 30, 2005 after a search of his home, during which police seized manuscripts, communications and bank records, and overseas checks in payment for his articles.
On August 30, 2005, Mr. Li’s case was referred to the Zibo Prosecutor’s office, which sent the case back to the PSB on two occasions for supplementary investigation because of insufficient evidence, in October and December 2005. On January 26, 2006, the PSB submitted Mr. Li’s case to the Procurator’s office again. Mr. Li was formally indicted on March 7, 2006.
On April 12, 2006, during a short trial, the prosecution presented as evidence the titles of 31 articles Mr. Li Jianping had written, which were criticising the Chinese authorities and expressing concern over China’s human rights situation. However, no verdict was announced at the time.
In "major" or "complex" cases, China’s Criminal Procedure Law provides for a maximum of one and a half months for an indictment to be issued (Article 138), with extensions for further investigation if necessary, and a maximum of two and a half months for the announcement of a judgment (Article 168). These time limits were exceeded during the proceedings against Mr. Li Jianping.
In addition, Mr. Li was reportedly not allowed to see his family nor his lawyer during his detention, and has been unable to communicate with them since April 13, 2006, relying on others to pass letters to his family requesting a meeting with his lawyer.
The Observatory expresses its deep concern about the arbitrary detention of Mr. Li Jianping, and calls upon the Chinese authorities to conform with its international human rights obligations, commitments that were reaffirmed by China on the occasion of its election as a member of the new United Nations Human Rights Council.
Actions required:
Please write to the Chinese authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Li Jianping;
ii. Ensure the immediate release of Mr. Li Jianping and put an end to any kind of reprisals against him, as well as against all human rights defenders in China;
iii. 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 states 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";
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments signed by the People’s Republic of China, in particular the International Covenant on Civil and Political Rights (ICCPR), that China has publicly declared its intention to ratify.
Addresses:
– President Hu Jintao, People’s Republic of China, c/o Embassy of the People’s Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008, USA, Fax: +01 202 588-0032
– President Hu Jintao, People’s Republic of China, c/o Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Genève, Swtzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int
– Minister of Justice of the People’s Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345
– Minister of Foreign Affairs of the People’s Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn
– Ambassador, Sha Zukang, Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14
– 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 representations of the People’s Republic of China in your respective countries.
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Geneva-Paris, October 26, 2006
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:
Email : Appeals@fidh-omct.org
Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29