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 April 16, 2007, the Shanghai Municipal No. 2 Intermediate People’s Court confirmed the original sentence against Mrs. Mao Hengfeng. The session lasted only ten minutes, during which only her judgment was read. Neither Mrs. Mao nor her lawyer were permitted to present any argument or evidence. When Mrs. Mao protested the result, she was forcibly taken out of the Court.
Mrs. Mao Hengfeng was sentenced on January 12, 2007, by the Yangpu People’s District Court, to two-and-a-half years in prison for "intentional destruction of property" (See background information). 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.
During her appeal, Mrs. Mao Hengfeng’s husband, Mr. Wu Xuwei, and her lawyer presented new evidence with regard to the value of the lamps to demonstrate the disproportionate nature of her sentence. Further, only her family was able to attend her hearing, and her lawyer, Mr. Li Boguang, was prevented from entering the room.
The Observatory expresses its deep concern about the situation of Mrs. Mao Hengfeng, and considers her detention as arbitrary, as the grounds for her sentencing very probably aim at sanctioning her activity in favour of human rights. The Observatory 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:
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.
In addition, according to her family, before her trial in January, Mrs. Mao was held in a very small cell where urine and excrement covered the floor. Guards covered the only window in the cell, and Mrs. Mao was unable to sleep due to the smell. Since her trial, the condition in which Mrs. Mao is being held is unclear.
Mrs. Mao Hengfeng had already been subjected to various acts of harassment and detentions in the past (See Observatory Annual Reports 2005 and 2006).
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 arbitrarily 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 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:
* 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, April 17, 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
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