Description of the situation:
The Observatory has been informed by Chinese Human Rights Defenders (CRD) about the sentencing and arbitrary detention of Mr. Qi Chonghuai.
According to information received, on May 13, 2008, the Tengzhou City Court, Shandong Province, sentenced Mr. Qi Chonghuai to four years’ imprisonment for "extortion and blackmail". His trial was held from 9 a.m. to 8 p.m. During the lunch break of the session, Mr. Qi was dragged out of courtroom when he tried to comfort his sobbing wife who was attending the trial. It was further reported that two court policemen held Mr. Qi down and hit his head on the floor six times.
Mr. Qi was arrested on June 25, 2007 for suspected "‘economic crimes" and "fake journalism", without an arrest warrant. He was formally arrested on August 2, 2007 on suspicion of "extortion and blackmail". During his 11-month detention, Mr. Qi has been subjected to violence by the police.
Mr. Qi has been a journalist for 13 years and has frequently reported on Government and business corruption. He was warned several times by the authorities to stop such reporting, which he has always refused.
The Observatory expresses its deepest concern about Mr. Qi’s trial, which was conducted in a unfair manner, and recalls that his sentencing takes place in the context of a violent wave of repression against Chinese human rights defenders and journalists. The Observatory further points out 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 el Sentencing / Arbitrary detention / Ill-treatmentsection, 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".
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. Qi Chonghuai;
ii.Release Mr. Qi Chonghuai 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. Qi Chonghuai 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)
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.