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.
New information:
According to the information received, on January 12, 2006, the Yangpu People’s District Court sentenced Mrs. Mao Hengfeng to two-and-a-half years in prison for "intentional destruction of property".
During a general roundup of petitioners shortly before the 2006 anniversary of the June 4 Crackdown, Mrs. Mao Hengfeng was arrested on May 23, 2006, by the police from Shanghai’s Yangpu District Public Security Dispatch Station, without any warrant. Police subsequently charged her with "violating the terms of residential surveillance", and placed her under "soft detention" in a guest-house in Shanghai’s Yangpu District, where she was forced to share a room with six other persons. While protesting against the illegality of her detention, Mrs. Mao broke two lamps in her room. As a result, on June 30, 2006, police placed her under detention in prison, for "intentional destruction of property".
In August 2006, the Prosecutor’s office sent the case back to the Public Security Bureau (PSB) for further investigation, and Mrs. Mao was formally indicted on December 1, 2006.
The evidence presented implicated Mrs. Mao in breaking one table lamp valued at more than 3,000 yuan (approximately $ 400), and another valued at more than 2,000 yuan (approximately $ 250). According to the information received, rules issued by the guest-house require compensation of only 50 yuan for such a lamp. Nevertheless, the Yangpu People’s District Court sentenced Mrs. Mao on the basis of the 6,400 yuan value assigned to the lamps in the official indictment.
The Observatory expresses its deep concern about the sentencing of Mrs. Mao Hengfeng, and calls upon the Chinese authorities to guarantee in all circumstances her physical and psychological integrity, especially as she was already subjected to physical abuse and other violations during her past custody.
Background information:
Mrs. Mao Hengfeng had already been subjected to various acts of harassment and detentions in the past (See Observatory Annual Report 2005). For instance, in April 2004, she had been sentenced to 18 months of Re-education Through Labour (RTL) by the Shanghai Public Security Bureau, due to her activities in favour of human rights.. During her detention, Mrs. Mao had been subjected to violence and ill-treatment, being in particular beaten with her feet and hands tied.
From 23 to 27 September 2005, Mrs. Mao and her close family were placed under house arrest, after she announced her intention to protest against acts of harassment at the United Nations office in Beijing. Seven police officers were then placed on duty in front of her apartment, to prevent her from leaving.
On December 28, 2005, Mrs. Mao Hengfeng, along with twelve other petitioners, was arrested in Beijing while they intended to attend the lowering of the flag at Tiananmen Square. On the evening of December 29, 2005, Mrs. Mao and her two daughters were forcibly sent back to Shanghai. The following day, Mrs. Mao immediately returned to Beijing where she was arrested again on January 1, 2006 and sent back to Shanghai, where she and her two daughters were taken to the Yangpu district police station.
In mid-February 2006, Mrs. Mao Hengfeng was again subjected to physical and mental ill-treatments while detained for more than a month for her participation in a nationwide hunger strike in support of lawyer Mr. Gao Zhisheng and other human rights defenders, who started a hunger strike against official repression and violence in the country. Mr. Gao Zhisheng is the director of the Beijing-based Shengzhi Law Office, that has taken on high-profile human rights cases. In November 2005, the activities of the Shengzhi Law Office were suspended by the Beijing Municipal Bureau of Justice for one year. In December 2005, Mr. Gao Zhisheng’s licence to practice law was revoked. These events followed the publication of an open letter on religious freedom.
On the evening of February 13, 2006, Mrs. Mao was placed under residential surveillance in an apartment in Yangpu District’s Gongqing Forest Park on the basis of an administrative decision issued that same day for suspicions of "causing a disturbance in a public place" until she was finally released on March 29, 2006.
According to Mrs. Mao, five or six people were watching her every day, and beat her on several occasions. In particular, one of them surnamed Bai, knelt on her chest and grabbed her around the neck, saying he would "cause the blood to flood [her] brain so that the cause of death could not be determined". During Mrs. Mao’s detention, her lawyer was reportedly denied access to her.
Actions required:
Please write to the Chinese authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mrs. Mao Hengfeng;
ii. Release Mrs. Mao Hengfeng as well as all petitioners that are currently arbitrary detained, and put an end to any kind of harassment against her;
iii. Put en 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", 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";
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:
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.
***
Geneva-Paris, January 18, 2007
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