China
03.12.03
Urgent Interventions
China : Open letter to Hu Jintao
Open Letter to Hu Jintao,
Head of State of the People's Republic of China
Paris-Geneva, 3 December 2003
Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, would like to express their concern with regard to the restrictions to freedom of expression in China.
In particular, our organisations are extremely concerned at the current repression against cyber-dissidents, meaning activists who use the Internet to promote human rights, ask for the establishment of democracy and the Rule of Law and publish articles that criticise the Chinese government's policies.
We learnt that Jiang Lijun was condemned on 27 November 2003 to four years in prison. According to our information, Jiang Lijun had been arrested on November 6, 2002, then transferred to Beijing's Qincheng Prison because he had posted political views in favour of democracy on the Internet. He was tried on November 4, 2003 on charges of "incitement to subvert state power".
Jiang Lijun's case is very illustrative of the repressive strategy implemented by the Chinese government in order to ban an activity which it considers threatening. In this regard, the diffusion of information relative to human rights through the use of the Internet, can be sanctioned on grounds such as inciting the overthrow of state power, toppling the socialist system, destroying national unity, promote "cults" (interpreted to mean groups such as the Falungong spiritual movement) or supporting the independence of Taiwan or Tibet. According to numerous sources, including Human Rights in China, sophisticated filtering technology enables government officials to monitor international traffic and block notably Western-based news, political sites, certain human rights NGOs websites and Tibetan and Taiwanese sites.
Our organisations recall that freedom of expression is enshrined in the Universal Declaration on Human Rights as well as in the International Covenant on Civil and Political Rights, signed (but not yet ratified) by the People's Republic of China in 1998. It is also protected by the Chinese Constitution. The current repression against cyber-dissidents blatantly violates those provisions. It also violates the UN Declaration on Human Rights Defenders, notably its Article 6 which states that "Everyone has the right, individually and in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms [as well as] to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, though these and appropriate means, to draw attention to those matters".
The Observatory welcomes the release, on 28 November 2003, of Li Yibin, publisher of the online magazine "Democracy and Freedom", as well as the release on bail of Liu Di, known by her Internet pen name as "the Stainless Steel Mouse," both detained since November 2002. However, the Observatory is concerned that, according to the information received, Liu Di was ordered not to speak to journalists and risks to be indicted for any charges by mid-December. Moreover, Du Daobin and Luo Changfu, who had organised a campaign in favour of her release were arrested in October 2003. Luo Changfu reportedly received a three-year prison sentence in November 2003.
Finally, the Observatory remains extremely concerned by the detention of several other cyber-dissidents, about whom you will find a list - non exhaustive - enclosed. Most are serving sentences for "incitement to subverting state power," "leaking state secrets overseas," "endangering state security," and "illegal publishing."
We urge you to release those persons whose only crime has been to express peacefully their views on the Internet. We believe that economic growth and technological development must go hand in hand with freedom of information, notably regarding human rights and democracy.
Sincerely yours,
Sidiki KABA Eric SOTTAS
Président de la FIDH Directeur de l'OMCT
Cases of individuals arrested for Internet-related activities:
Ouyang Yi, a political activist criticizing the Chinese government and using the Internet to spread his demands for democratic reforms was tried on October 16, 2003 on charges of " incitement to subvert state power ". He had been arrested on 4 December 2002 and charged with "incitement to overthrow state power" by the Chengdu Public Security Bureau on January 7, 2003. The Court has not rendered a decision, although he faces up to 15 years in prison. Ouyang is currently being detained at the Sichuan Province no. 1 Detention Center.
Yan Jun another Internet activist, was detained on April 2, 2003 and formally arrested on May 9 on the same charges. His trial began in close proceedings on October 27 on charges of 'incitement to subvert state power,' and his sentence has not been announced yet. While in detention, he has been constantly beaten by other prisoners under the encouragement of Public security police.
Internet activist Li Zhi, from Dazhou city, Sichuan province, has been formally arrested on September 3, 2003 on charges of "conspiracy to subvert state power" after being detained since August 8. Li Zhi had frequently expressed his views in Internet bulletin boards and chat rooms. Under those charges, Li Zhi could be sentenced to up to 15 year in prison.
Jin Haike, Xu Wei and Zhang Honghai founded the New Youth Society in May 2000, a study group that discussed political and democratic reforms, as well as published their findings and theoretical ideas on the Internet. On March 13, 2001, the Beijing state security bureau detained them along with Yang Zili, another New Youth Society member. On August 28, 2001, they were tried by the No. 1 Intermediate People's Court on charges of "incitement to subvert state power", and found guilty of the charges on October 28, 2003. Jin and Xu were each sentenced to ten years in prison at the Beijing State Security Bureau Detention Center, Yang and Zhang, to eight years each. On November 4, 2003, a Beijing Court heard their appeals, but they were turned down on November 11, 2003. The four men have repeatedly told the no. 1 Intermediate People's Court that they have been tortured in prison, but the Court has refused to initiate an investigation.
Huang Qi, 38, an Internet activist and web master who gained notoriety for publishing several articles about the June 4 massacre on his Tianwang web site, was detained on June 3, 2000 and arrested on charges of "organizing national separatism, destroying national unity", "organizing, plotting or carrying out activities aimed at subverting state political power" and "overthrowing the socialist system" on June 5, 2003. He is currently serving a five-year sentence at Chengdu Public Security Bureau no. 1 Detention Center. It is believed that Huang has been tortured while in prison.
Tao Haidong, 45, released in January 2001 from Reeducation Through Labor to which he had been condemned for publishing a book, was re-arrested on July 9, 2002, while he was posting articles on web sites in China and overseas. On January 8, 2003, he was tried in secret at the Urumqi People's intermediate court and found guilty of "incitement to overthrow state power", for which he received a seven-year prison sentence. He is being held at the Urumqi Dadaowan Detention Center.
Wang Daqi, 70, was arrested on January 24, 2002, and sentenced on December 19, 2002 to one year in prison on charges of "inciting the overthrow of state power" because of articles he had published in his magazine Ecology. He is being detained at the Hefei Luosigang Detention Center in Anhui province.
Jiang Lijun was arrested on November 6, 2002, then transferred to Beijing's Qincheng Prison because he had posted political views on the Internet. He was tried on November 4, 2003 on charges of "incitement to subvert state power". Jiang's crime has been to publish essays and comments on political issues in China. He has been condemned on 28 November 2003 to four years in prison.
Luo Yongzhong 36, was detained by public security officials on June 13 at his apartment in the Northeastern city of Changchun, Jilin province. Luo had published more than 150 articles online on topics such as the plight of the disabled and the need for constitutional reform. He was charged with subversion and sentenced to three years imprisonment and two years without political rights upon release on October 14, 2003.
Head of State of the People's Republic of China
Paris-Geneva, 3 December 2003
Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, would like to express their concern with regard to the restrictions to freedom of expression in China.
In particular, our organisations are extremely concerned at the current repression against cyber-dissidents, meaning activists who use the Internet to promote human rights, ask for the establishment of democracy and the Rule of Law and publish articles that criticise the Chinese government's policies.
We learnt that Jiang Lijun was condemned on 27 November 2003 to four years in prison. According to our information, Jiang Lijun had been arrested on November 6, 2002, then transferred to Beijing's Qincheng Prison because he had posted political views in favour of democracy on the Internet. He was tried on November 4, 2003 on charges of "incitement to subvert state power".
Jiang Lijun's case is very illustrative of the repressive strategy implemented by the Chinese government in order to ban an activity which it considers threatening. In this regard, the diffusion of information relative to human rights through the use of the Internet, can be sanctioned on grounds such as inciting the overthrow of state power, toppling the socialist system, destroying national unity, promote "cults" (interpreted to mean groups such as the Falungong spiritual movement) or supporting the independence of Taiwan or Tibet. According to numerous sources, including Human Rights in China, sophisticated filtering technology enables government officials to monitor international traffic and block notably Western-based news, political sites, certain human rights NGOs websites and Tibetan and Taiwanese sites.
Our organisations recall that freedom of expression is enshrined in the Universal Declaration on Human Rights as well as in the International Covenant on Civil and Political Rights, signed (but not yet ratified) by the People's Republic of China in 1998. It is also protected by the Chinese Constitution. The current repression against cyber-dissidents blatantly violates those provisions. It also violates the UN Declaration on Human Rights Defenders, notably its Article 6 which states that "Everyone has the right, individually and in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms [as well as] to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, though these and appropriate means, to draw attention to those matters".
The Observatory welcomes the release, on 28 November 2003, of Li Yibin, publisher of the online magazine "Democracy and Freedom", as well as the release on bail of Liu Di, known by her Internet pen name as "the Stainless Steel Mouse," both detained since November 2002. However, the Observatory is concerned that, according to the information received, Liu Di was ordered not to speak to journalists and risks to be indicted for any charges by mid-December. Moreover, Du Daobin and Luo Changfu, who had organised a campaign in favour of her release were arrested in October 2003. Luo Changfu reportedly received a three-year prison sentence in November 2003.
Finally, the Observatory remains extremely concerned by the detention of several other cyber-dissidents, about whom you will find a list - non exhaustive - enclosed. Most are serving sentences for "incitement to subverting state power," "leaking state secrets overseas," "endangering state security," and "illegal publishing."
We urge you to release those persons whose only crime has been to express peacefully their views on the Internet. We believe that economic growth and technological development must go hand in hand with freedom of information, notably regarding human rights and democracy.
Sincerely yours,
Sidiki KABA Eric SOTTAS
Président de la FIDH Directeur de l'OMCT
Cases of individuals arrested for Internet-related activities:
Ouyang Yi, a political activist criticizing the Chinese government and using the Internet to spread his demands for democratic reforms was tried on October 16, 2003 on charges of " incitement to subvert state power ". He had been arrested on 4 December 2002 and charged with "incitement to overthrow state power" by the Chengdu Public Security Bureau on January 7, 2003. The Court has not rendered a decision, although he faces up to 15 years in prison. Ouyang is currently being detained at the Sichuan Province no. 1 Detention Center.
Yan Jun another Internet activist, was detained on April 2, 2003 and formally arrested on May 9 on the same charges. His trial began in close proceedings on October 27 on charges of 'incitement to subvert state power,' and his sentence has not been announced yet. While in detention, he has been constantly beaten by other prisoners under the encouragement of Public security police.
Internet activist Li Zhi, from Dazhou city, Sichuan province, has been formally arrested on September 3, 2003 on charges of "conspiracy to subvert state power" after being detained since August 8. Li Zhi had frequently expressed his views in Internet bulletin boards and chat rooms. Under those charges, Li Zhi could be sentenced to up to 15 year in prison.
Jin Haike, Xu Wei and Zhang Honghai founded the New Youth Society in May 2000, a study group that discussed political and democratic reforms, as well as published their findings and theoretical ideas on the Internet. On March 13, 2001, the Beijing state security bureau detained them along with Yang Zili, another New Youth Society member. On August 28, 2001, they were tried by the No. 1 Intermediate People's Court on charges of "incitement to subvert state power", and found guilty of the charges on October 28, 2003. Jin and Xu were each sentenced to ten years in prison at the Beijing State Security Bureau Detention Center, Yang and Zhang, to eight years each. On November 4, 2003, a Beijing Court heard their appeals, but they were turned down on November 11, 2003. The four men have repeatedly told the no. 1 Intermediate People's Court that they have been tortured in prison, but the Court has refused to initiate an investigation.
Huang Qi, 38, an Internet activist and web master who gained notoriety for publishing several articles about the June 4 massacre on his Tianwang web site, was detained on June 3, 2000 and arrested on charges of "organizing national separatism, destroying national unity", "organizing, plotting or carrying out activities aimed at subverting state political power" and "overthrowing the socialist system" on June 5, 2003. He is currently serving a five-year sentence at Chengdu Public Security Bureau no. 1 Detention Center. It is believed that Huang has been tortured while in prison.
Tao Haidong, 45, released in January 2001 from Reeducation Through Labor to which he had been condemned for publishing a book, was re-arrested on July 9, 2002, while he was posting articles on web sites in China and overseas. On January 8, 2003, he was tried in secret at the Urumqi People's intermediate court and found guilty of "incitement to overthrow state power", for which he received a seven-year prison sentence. He is being held at the Urumqi Dadaowan Detention Center.
Wang Daqi, 70, was arrested on January 24, 2002, and sentenced on December 19, 2002 to one year in prison on charges of "inciting the overthrow of state power" because of articles he had published in his magazine Ecology. He is being detained at the Hefei Luosigang Detention Center in Anhui province.
Jiang Lijun was arrested on November 6, 2002, then transferred to Beijing's Qincheng Prison because he had posted political views on the Internet. He was tried on November 4, 2003 on charges of "incitement to subvert state power". Jiang's crime has been to publish essays and comments on political issues in China. He has been condemned on 28 November 2003 to four years in prison.
Luo Yongzhong 36, was detained by public security officials on June 13 at his apartment in the Northeastern city of Changchun, Jilin province. Luo had published more than 150 articles online on topics such as the plight of the disabled and the need for constitutional reform. He was charged with subversion and sentenced to three years imprisonment and two years without political rights upon release on October 14, 2003.