Follow-up of case CHN 211108_Execution of Mr. Wo Weinhan

Geneva, 28 November 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in the People's Republic of China.

New information

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 execution on 28 November 2008 of Mr. Wo Weinhan, who had been sentenced to death in 2006 for spying following a reportedly unfair trial.

According to the information received, Mr. Wo Weinhan’s family was allowed to visit him on 27 November 2008 at the Second Intermediate People’s Court in Beijing and was expecting to be granted a second visit. Mr. Wo Weihan reportedly mentioned to his family that he had not been informed about any decision by the Supreme Court.

Mr. Wo Weinhan was reportedly executed by gunshot in the morning of 28 November 2008.

The International Secretariat of OMCT firmly condemns the 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.

Reminder of the Situation

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 had 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 had reportedly used the initial confession as its main evidence for his conviction and death sentencing. Furthermore, his family had 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.

Remarks

No further action is required on your part concerning this case.

Geneva, 28 November 2008