China
06.11.03
Urgent Interventions
China : Yao Fuxin and Xiao Yunliang transferred to Lingyuan Prison
URGENT APPEAL - THE OBSERVATORY
CHN 002 / 1103 / OBS 060
Arbitrary detention / Ill-treatment
China
6 November 2003
The Observatory for the Protection of Human Rights Defenders, a joint program of FIDH and OMCT, requests your URGENT intervention in the following situation in China.
Description of the situation :
The Observatory has been informed by China Labour Bulletin (CLB) and Human Rights in China (HRIC), that two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred on 8 October 2003, from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. Lingyuan Prison is a huge penal colony, located in Liaoning Province close to the border of Inner Mongolia.
The transfer was made despite the extremely poor state of health of both prisoners. According to the information received, Yao Fuxin and Xiao Yunliang's health condition has rapidly deteriorated since their transfer to Lingyuan prison, due to the lack of proper medical facilities available in that prison.
The families of both men were able to visit the two prisoners on 22 October at Lingyuan. They confirmed that hope that the two prisoners will survive their prison sentences is diminishing every day due to the lack of medical treatment and the seriousness of their underlying medical conditions.
Yao Fuxin and Xiao Yunliang were arrested as the leaders of a mass workers demonstration, that took place in March 2002 against corruption and unpaid benefits in the city of Liaoyang, Liaoning Province (See the 2002 Annual Report of the Observatory). They were tried in January 2003 on charges of “subverting state power,” (art. 105 of the criminal law) and on 9 May 2003 they were handed down prison sentences of seven and four years respectively. Their appeals were subsequently rejected by a higher court.
The Observatory is extremely worried for Yao Fuxin and Xiao Yunliang’s physical integrity. Moreover, it considers their detention to be arbitrary since it only aims at sanctioning their freedom of assembly and peaceful association. These detentions take place in a context where workers in the PRC continue to be denied the right to set up independent unions and the leaders of workers’ protests are systematically arrested.
The Observatory points out that the imprisonment of the two labour activists is a flagrant violation of the UN Declaration on Human Rights Defenders article 1 and article 5 which states that “for the purpose of promoting and protecting human rights and fundamental freedom, everyone has the right, individually and in association with others, at the national and international levels: (a) to meet or assemble peacefully; (b) to form, join and participate in non-governmental organizations, association or groups.”
The conditions of detention described above contravene principles 1 and 9 of the 1990 United Nations Basic Principles for the Treatment of Prisoners. Principle 9 states that 'prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.' In addition, the state has the obligation to guarantee the physical and psychological integrity of the two prisoners while in detention.
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee the physical and psychological integrity of Yao Fuxin and Xiao Yunliang and grant them immediate access to medical care.
ii. Release the two prisoners immediately since their detention is arbitrary.
iii. Conform to the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels” and 5.a and 5.b mentioned above;
iv. Conform to the principles adopted by the United Nations General Assembly on the Treatment of Prisoners and particularly principle 1 'All prisoners shall be treated with the respect due to their inherent dignity and value as human beings,' and principle 9 as mentioned above;
v. Conform to the provisions of the Universal Declaration on Human Rights and international human rights standards, including the ICESCR.
Addresses :
President Hu Jintao, People's Republic of China; C/o Embassy of the People's Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008: Fax: + 01 202 588-0032
President Hu Jintao, People's Republic of China; c/o Permanent Mission of the People's Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, fax: +4122 7937014, e-mail: mission.china@ties.itu.int
Paris - Geneva, 6 November 2003.
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
CHN 002 / 1103 / OBS 060
Arbitrary detention / Ill-treatment
China
6 November 2003
The Observatory for the Protection of Human Rights Defenders, a joint program of FIDH and OMCT, requests your URGENT intervention in the following situation in China.
Description of the situation :
The Observatory has been informed by China Labour Bulletin (CLB) and Human Rights in China (HRIC), that two labour activists, Yao Fuxin and Xiao Yunliang, imprisoned since March 2002, were transferred on 8 October 2003, from Jinzhou Prison to the notorious Lingyuan Prison, considered to be one of the most brutal prison in China. Lingyuan Prison is a huge penal colony, located in Liaoning Province close to the border of Inner Mongolia.
The transfer was made despite the extremely poor state of health of both prisoners. According to the information received, Yao Fuxin and Xiao Yunliang's health condition has rapidly deteriorated since their transfer to Lingyuan prison, due to the lack of proper medical facilities available in that prison.
The families of both men were able to visit the two prisoners on 22 October at Lingyuan. They confirmed that hope that the two prisoners will survive their prison sentences is diminishing every day due to the lack of medical treatment and the seriousness of their underlying medical conditions.
Yao Fuxin and Xiao Yunliang were arrested as the leaders of a mass workers demonstration, that took place in March 2002 against corruption and unpaid benefits in the city of Liaoyang, Liaoning Province (See the 2002 Annual Report of the Observatory). They were tried in January 2003 on charges of “subverting state power,” (art. 105 of the criminal law) and on 9 May 2003 they were handed down prison sentences of seven and four years respectively. Their appeals were subsequently rejected by a higher court.
The Observatory is extremely worried for Yao Fuxin and Xiao Yunliang’s physical integrity. Moreover, it considers their detention to be arbitrary since it only aims at sanctioning their freedom of assembly and peaceful association. These detentions take place in a context where workers in the PRC continue to be denied the right to set up independent unions and the leaders of workers’ protests are systematically arrested.
The Observatory points out that the imprisonment of the two labour activists is a flagrant violation of the UN Declaration on Human Rights Defenders article 1 and article 5 which states that “for the purpose of promoting and protecting human rights and fundamental freedom, everyone has the right, individually and in association with others, at the national and international levels: (a) to meet or assemble peacefully; (b) to form, join and participate in non-governmental organizations, association or groups.”
The conditions of detention described above contravene principles 1 and 9 of the 1990 United Nations Basic Principles for the Treatment of Prisoners. Principle 9 states that 'prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.' In addition, the state has the obligation to guarantee the physical and psychological integrity of the two prisoners while in detention.
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee the physical and psychological integrity of Yao Fuxin and Xiao Yunliang and grant them immediate access to medical care.
ii. Release the two prisoners immediately since their detention is arbitrary.
iii. Conform to the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels” and 5.a and 5.b mentioned above;
iv. Conform to the principles adopted by the United Nations General Assembly on the Treatment of Prisoners and particularly principle 1 'All prisoners shall be treated with the respect due to their inherent dignity and value as human beings,' and principle 9 as mentioned above;
v. Conform to the provisions of the Universal Declaration on Human Rights and international human rights standards, including the ICESCR.
Addresses :
President Hu Jintao, People's Republic of China; C/o Embassy of the People's Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008: Fax: + 01 202 588-0032
President Hu Jintao, People's Republic of China; c/o Permanent Mission of the People's Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, fax: +4122 7937014, e-mail: mission.china@ties.itu.int
Paris - Geneva, 6 November 2003.
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch