Arbitrary sentencing and fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, member organisation of OMCT SOS-Torture Network, that Beijing petitioners Mrs. Wu Dianyuan (79 years old) and Mrs. Wang Xiuying (77 years old) have been ordered to serve a one-year term of Reeduction-Through-Labor (RTL) after repeatedly applying for permits to hold demonstrations in the Beijing “protest zones” during the Olympics. Both have been reportedly actively petitioning the government since they were forcibly evicted from their homes in Beijing in 2001.

According to the information received, on 17 August 2008, Mrs. Wu Dianyuan and Mrs. Wang Xiuying received a RTL decision dated 30 July 2008 from the RTL Commission of the Beijing Municipal Government. The decision reportedly order them to serve one year of RTL for "disturbing the public order," from 30 July 2008 to 29 July 2009. The decision reportedly further states that the term will be served outside the RTL camp, but also places restrictions on movement and stipulates that if provisions of the decision or other regulations are violated, they will be sent to the RTL camp[1].

Mrs. Wu Dianyuan and Mrs. Wang Xiuying reportedly returned, on 18 August 2008, to the Beijing Municipal Public Security Bureau (PSB) Security Administration Unit and were allegedly told by the PSB officers on duty that since they had received the RTL decision the day before, they now had no right to apply for the demonstration protest.

According to the same information, Mrs. Wu Dianyuan and Mrs. Wang Xiuying went to the Beijing Municipal PSB Security Administration unit five times between 5 and 18 August 2008 to apply for permits to demonstrate in the newly-designed “protest zones”. The two women, who used to be neighbours, applied to demonstrate against the forced eviction from their homes in 2001. However, their application was neither granted nor denied on each of their five trips to the Security Administration Unit. On 5 August 2008, they were allegedly held by PSB officers and interrogated for 10hours.

The International Secretariat of OMCT expresses its concern with regard the sentencing of Mrs. Wu Dianyuan and Mrs. Wang Xiuying, which, according to the information received, was based solely on their active government petitioning. OMCT further fears for their safety should they be sent to RTL. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. OMCT urges the authorities to conform with China’s international human rights obligations, commitments that were reaffirmed on the occasion of its election as a member of the new United Nations Human Rights Council.

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mrs. Wu Dianyuan and Mrs. Wang Xiuying;
2. Put an end to all acts of harassment, including at the judicial level, against Mrs. Wu Dianyuan and Mrs. Wang Xiuying;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

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
• 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 embassies of the People’s Republic of China in your respective country.

Geneva, 21 August 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] They have to observe the following regulations: - Follow the national laws, administrative laws and regulations promulgated by the Ministry of Public Security; Report every three months to the police station of their residence on their activities; Apply for approval of the public security authorities of their residence if they need to go to places outside their residence for treatment of sickness, visits of their relatives or for other special situations; Follow the regulations of supervision and administration of the public security authorities.