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 received new information and requests your urgent intervention in the following situation in the People’s Republic of China.
According to the information received, on February 11, 2010, the second instance Beijing Municipal High People’s Court confirmed Mr. Liu Xiaobo’s previous sentence issued on December 25, 2009 by the Beijing Municipal No.1 Intermediate People’s Court, to 11 years of prison on the charge of “inciting subversion of State power”. The court session reportedly lasted only a few minutes and the judge gave his verdict without allowing the defence lawyers to take the floor. The Court was surrounded by security forces who prevented the media and a dozen of diplomats - from the US, Canada, Australia and several European countries - from accessing the courtroom.
On January 28, 2010, Mr. Liu’s lawyers had filed their appeal defence statement with the second instance Beijing Municipal High People’s Court, arguing that the first instance Beijing Municipal No.1 Intermediate People’s Court had abused its public power in finding Mr. Liu guilty of “inciting subversion of State power”.
As of issuing this urgent appeal, Mr. Liu Xiaobo remained detained at the No. 1 Beijing Detention Centre.
The Observatory recalls that Mr. Liu Xiaobo was sentenced on December 25, 2009 after the Government pointed Mr. Liu’s role in drafting and organising the signing of Charter 08 as well as six essays he published between 2005 and 2007 critical of the Chinese Government. On December 29, 2009, Mr. Liu appealed his sentence before the Beijing Municipal High People’s Court. Although the court of second instance is required by law to rule on an appeal within one month, or at the most, one month and a half after receiving the notification of the appeal, the Beijing Municipal High People’s Court declared that no hearing on Mr. Liu’s appeal would be held.
In their legal arguments, Mr. Liu’s lawyers stated that the ruling of Beijing Municipal No.1 Intermediate People’s Court stemmed from abusive charges, recalling that the existing evidence did not prove Mr. Liu’s subjective intent to incite subversion of State power, and arguing that the charges against Mr. Liu were based upon writings quoted out of context.
His lawyers further pointed out the irregularities noted in the course of the investigation, of Mr. Liu’s pre-trial detention and first instance trial.
The Observatory strongly condemns Mr. Liu’s sentencing and believes that these acts of judicial harassment merely aim at sanctioning his peaceful activities in expressing his views on how to promote democratic reform and protection of human rights in China, and as such are a flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998.
Background Information:
On December 8, 2008, Mr. Liu Xiaobo was placed under “residential surveillance” at an undisclosed location in Beijing[1].
At the time of his arrest, the police also searched his home and confiscated his computers, mobile phones, books, magazines, printed papers and a draft of the “Charter 08”.
On June 23, 2009, Mr. Liu Xiaobo was officially arrested and charged on June 24, 2009 with “inciting to subvert State power”, pursuant to Article 105 of the Criminal Code, after he had co-authored the “Charter 08”.
On December 23, 2009, at 9 am, the trial of Mr. Liu Xiaobo for “inciting to subvert State power” took place before Beijing No.1 Intermediate People’s Court and only lasted three hours, under near total security lock down outside the courtroom. The trial took place only twelve days after Mr. Liu’s indictment, and his lawyers, concerned that they have not had enough time to review the 20-volume case file and prepare their defence, requested that the trial be postponed. Court officials rejected this appeal, stating that “it was not possible”.
On the eve of the trial, several activists and supporters of Mr. Liu Xiaobo were contacted by the police and threatened against organising any shows of support online or in front of the court during the trial. The police also warned some of these supporters not to leave their homes in the next three days, and explicitly forbade them from travelling to Beijing No.1 Intermediate Court. One activist was told that police would block supporters “at all costs” from reaching the courthouse. Others were placed under tight surveillance or warned to stay home by police ahead of the trial.
In addition, Mr. Liu’s wife was denied a permit to attend her husband’s trial on the grounds that she was a “witness” for the prosecution. During one of her visits with her husband over the past year she was interrogated by police, and the record of her responses is now being used as the basis for involving her in her husband’s case.
Personnel from about a dozen foreign embassies in Beijing, including those of the United States, Germany and Australia, requested to observe the trial but were told that all the observer passes had already been given out.
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. Liu Xiaobo;
ii. Release Mr. Liu Xiaobo immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
iii. Put an end to any acts of harassment, including at the judicial level, against Mr. Liu Xiaobo and more generally against all human rights defenders in the People’s Republic of 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”, its article 9, which states that “[...] everyone has the right, individually or in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights” and its 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)
· Ms. 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
· 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.
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Paris-Geneva, February 12, 2010
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