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 October 20, 2008, Mr. Guo Feixiong’s lawyer, who is based in Beijing, travelled more than 1,000 miles to Meizhou Prison, and going through the proper application procedure to see Mr. Guo in Meizhou, he waited for several days but he was not permitted to see his client.
According to Mr. Guo’s wife, Mrs. Zhang Qing, the authorities have created many obstacles to prevent Mr. Guo from proceeding with his appeal, including intercepting many letters Mr. Guo wrote in an attempt to retain a lawyer in early 2008. After he finally succeeded in retaining a Beijing-based law firm in May 2008 to handle his appeal, he agreed to wait until after the Beijing Olympics before proceeding. The prison authorities then required two lawyers to apply in-person at the Guangdong Provincial Prison Administrative Bureau for permission to see Mr. Guo.
The Observatory recalls that Mr. Guo is serving a five-year sentence in Meizhou Prison, Guangdong Province (See background information), and intends to appeal his conviction and file a complaint against the prison authorities.
The Observatory expresses its deep concern about the ongoing arbitrary detention of Mr. Guo Feixiong, which is a flagrant violation of the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998.
Background information:
On January 11, 2007, as his lawyer was visiting him, Mr. Yang Maodong informed him that he had been subjected to torture since the beginning of his detention, on September 14, 2006. In particular, he would have been handcuffed and shackled to his bed for more than 40 days. Mr. Guo added that he had been deprived of sleep for days, and subjected to more than a hundred interrogations for suspicion of "illegal business activity", sometimes for more than 24 hours. He would have gone on hunger strike for more than 25 days to protest against his conditions of detention, in vain.
Furthermore, on January 13, 2007, Mr. Guo’s sister was told by a police officer from the Public Security Bureau (PSB) of Shiyan city, Hubei province, that she should "psychologically prepare" herself for the likelihood that Mr. Guo would be sentenced to five to eight years in prison. On the same day, Mr. Guo’s brother reportedly received a phone call from the local PSB saying that Mr. Guo’s case was being transferred to Liaoning province. The Prosecutor refuted these assertions.
On April 2, 2007, Mr. Guo Feixiong’s wife was informed by the Public Prosecutor of the Tianhe district that her husband had been transferred back to the Guangzhou No. 3 detention centre, following a previous transfer to the town of Shenyang (Liaoning province) in January 2007. She was also told that the Guangzhou PSB had submitted the case of her husband to the Public Prosecutor for further investigation on March 30, 2007.
Officially arrested on September 30, 2006[1] for "illegal business activity", Mr. Guo was formally indicted on May 15, 2007. His arrest is probably linked to the legal aid he has been providing since July 2005 to the peasants of the village of Taishi (Guangdong) who have been trying to obtain a court ruling to dismiss the head of the village committee, suspected of corruption.
On July 9, 2007, his trial was again adjourned because of his "unruly" behaviour in court and his refusal to answer questions from the Prosecutor.
On July 26, 2007, Mr. Guo’s wife learned that the office of the Prosecutor had requested that his case be sent back before the Tianhe District Court for further investigation. On October 12, 2007, she learned that the Tianhe District Court had requested approval from the Higher People’s Court of Guangdong province to delay his case for another month.
On November 14, 2007, Mr. Guo Feixiong was sentenced by the Tianhe District Court of Guangzhou City to five years’ imprisonment and a fine of 40,000 yuan (3,716 euros) for "illegal business activity", in connection with the publication of Shenyang Political Earthquake, which exposed Government corruption in Shenyang city, Liaoning province. The trial was marred with serious procedural irregularities. In particular, Mr. Guo’s lawyers were not present at the sentencing hearing.
After his trial and conviction, Mr. Guo was transferred to Meizhou Prison in December 2007, where he was brutally beaten by an inmate while 200 others watched. When he went on a hunger strike to protest his abuse, he was forced fed a liquid that made him vomit for more than a week and turned his urine red.
Actions required:
Please write to the Chinese authorities urging them to:
1- Guarantee in all circumstances the physical and psychological integrity of Mr. Guo Feixiong;
2- Release him immediately, as his detention is arbitrary as it merely aims at sanctioning his human rights activities;
3- Conduct a fair, impartial and independent investigation into the allegations of ill-treatment above-mentioned, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
4- Guarantee that adequate reparation is provided to him, as a victim of abuses;
5-Put an end to all acts of harassment against him as well as all other human rights defenders in China;
6- 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", article 6(b), which states that "everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms", and its article 8(2), which provides that "everyone has the right, individually and in association with others, to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms";
7- 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
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 representations of the People’s Republic of China in your respective countries.
Geneva-Paris, November 5, 2008
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
[1] In China, the police usually carry out arrests without a warrant, the official arrest taking place subsequently.