China: Fear of imminent execution of Mr. Wo Weinhan

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, a member organisation of OMCT SOS-Torture Network, about the imminent execution of Mr. Wo Weinhan, who has been sentenced to death in 2006 for spying, following a reportedly unfair trial.

According to the information received, on 19 January 2005, Mr. Wo Weihan, a Chinese citizen and a scientist, was arrested on suspicion of spying. The government said Mr. Wo confessed to passing military secrets to Taiwan. Mr. Wo was also charged with joining a pro-Taiwan political group under an alias while in Germany in 1989.

After a brief period of house arrest, while Mr. Wo recovered from a stroke suffered during his detention, he was again arrested on 30 March 2005. On 27 May 2007, Mr. Wo was sentenced to death by the Beijing No.2 Intermediate People’s Court on charges related to military espionage and endangering state security. On 24 March 2008, the Beijing Higher People’s Court, in a closed session, confirmed the conviction and death sentence. Mr. Wo’s sentence has then been subjected to final review by the Supreme People’s Court, which seemed to have ended, as on 18 November 2008, the High Court of Beijing contacted Ms. Wo’s wife with instructions that she should submit a request for visitation within seven days. This is apparently a standard procedure before executions that typically take place within seven days after the Supreme Court has concluded its review.

According to the same information received, during the first ten months of interrogation, Mr. Wo had no access to legal counsel. Mr. Wo reportedly only saw a lawyer one year after he was taken into custody, after the Minister of State Security had completed its investigation and determined his guilt. He reportedly confessed but later retracted during trial. According to the information received, Mr. Wo confessed under force, while fearing for his life. However, the Court has reportedly used the initial confession as its main evidence for his conviction and death sentencing. Furthermore, his family has had reportedly no visitation rights during the entire three years of imprisonment. China’s laws on state secrets make access to information about such cases extremely difficult for families, legal representatives, and advocacy groups.

The International Secretariat of OMCT expresses its serious concern with regard to the death sentence and the imminent execution of Mr. Wo Weihan. OMCT wishes to recall that it is strongly opposed to the death penalty as an extreme form or cruel, inhuman and degrading punishment and a violation of the right to life as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments. OMCT is all the more concerned following the report that Mr. Wo’s confession was obtained by force and that his procedural rights were not guaranteed. OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case. OMCT recalls that China is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibit cruel, inhuman or degrading treatment.

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 Mr. Wo Weinhan;
2. Immediately stop the execution of Mr. Wo Weinhan;
3. Conduct an immediate review of the case and, if charges are well-founded, to conduct a re-trial before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
4. Guarantee that no evidence obtained under torture be used in the court case as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
5. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
6. 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 10001, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs), gazette@mail.gov.cn
• 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 November 2008

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