China
16.11.04
Urgent Interventions

China: Release of Mr. Yan Zhengxue and Legal Proceedings

URGENT APPEAL – THE OBSERVATORY

New Information
CHN 004 / 0904 / OBS 071.1
Release / Judicial proceedings
China


November 16, 2004

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), requests your urgent intervention in the following situation in China.


Brief description of the situation:

The Observatory for the Protection of Human Rights Defenders has been informed by Human Rights in China (HRIC), through a communication on November 1, of the release of Mr. Yan Zhengxue, a well-known artist actively involved in human rights campaigns and an outspoken human rights promoter.

According to Human Rights in China, Mr. Yan Zhengxue was released without charge on the same day or the day after being detained, on September 14, 2004.

Furthermore, according to the information received, following Mr. Yan’s complaint against law enforcement bodies for slander while they refused to acknowledge his request for protection at the Zhejiang local police, a court hearing took place on October 27, 2004 (See background information). At the session, the Jiaojiang District Public Security Substation produced records indicating that officers had in fact taken action on Yan Zhengxue’s case as early as April 6, 2004. The substation recorded a cell phone number through which officers had contacted Yan at that time. However, Mr. Yan Zhengxue produced records from the Taizhou Telecommunications Bureau showing that he had not begun using that telephone number until June 20, and it was therefore impossible for police officers to have contacted him through that number in early April. This disclosure raised a tumultuous response from trial onlookers, and the presiding judge immediately called for an adjournment. No date has yet been set for resumption of the proceedings.

The Observatory wishes to thank all those who intervened – individually or on behalf of an organisation – in order to urge the authorities to release Mr. Yan Zhengxue.

Background information:

In the lead up to the meeting of the Central Party Committee of the 16th Party Congress, Mr. Yan Zhengxue had been arrested and secretly detained by the State Security Department police on September 14, 2004 in Taizhou City, Zhejiang Province, China. Mr. Yan Zhengxue was taken away by car from Taizhou City at 2.35 p.m. by the Zhejiang Province State Security Department police.

In June 2004, Mr. Yan Zhengxue sued the Beijing and Zhejiang Public Security authorities, as well as the Jiaojiang District Public Security authorities, in the Beijing Number 2 Intermediate Court and the Jiaojiang District Court in Zhejiang, for slandering his reputation with false information.

This followed an incident that had occurred at the Zhejiang local police, when Mr. Yan Zhengxue went to ask for protection, after thugs sent by Mr. Zhu Yongjie, of the Taizhou City Procuratorate, intimidated his mother while he was in visit to the United States in late 2003. The thugs aimed at inducing her to leave her son's flat. After he returned to China, Mr. Zhu Yongjie and a group of thugs demanded that he hand over his flat and threatened him of serious bodily harm. Mr. Yan Zhengxue went to the police to ask for protection, but the police not only refused to help but also tried to discredit him with slander.

In 1993, Mr. Yan Zhengxue had sued the Beijing Public Security Bureau for violent injury and violation of human rights, after which he was detained on trumped-up charges and sent to an Re-education Through Labour (RTL) camp. He was subsequently released.

Mr. Yan Zhengxue has been involved in the defence of human rights since several years: with Mr. Li Guotai and others, he had initiated a global petition campaign against the Re-education Through Labour (RTL) and Reform through Labour (Laogai) systems as violating human rights. He is also an outspoken proponent of human rights and political reform and opposed corruption.


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Paris – Geneva, November 16, 2004

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

The Observatory, a joint 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.

To contact the Observatory, call the Emergency Line:
E-mail: observatoire@iprolink.ch
Tel and Fax: FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
OMCT: +41 22 809 49 39 / 41 22 809 49 29