Harassment and risk of revocation of the licenses of Mr. Tang Jitian and Ms. Liu Wei

April 26, 2010

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 the People's Republic of China.

Brief description of the situation:

The Observatory has been informed by Chinese Human Rights Defenders (CHRD) and Human Rights in China (HRIC) about the judicial harassment and risk of revocation of the licenses of Mr. Tang Jitian and Ms. Liu Wei, two Beijing lawyers who have been active in defending the rights of those persecuted for their beliefs, the rights of victims of illegal requisition and home demolition, the rights of those discriminated against for being HIV/AIDS and hepatitis B positive, and the rights of parents of children victim of melamine-tainted milk powder.

According to the information received, on April 22, 2010, no decision was issued on the revocation of the licenses of Mr. Tang Jitian and Ms. Liu Wei, as the evidence presented against the two lawyers did not include anything that could substantiate the charges against them. The Observatory therefore calls for the dismissal of the judicial proceedings against the two lawyers.

Both have been accused by the Beijing Bureau of Justice (BBJ) of “disrupting court order and interfering with the normal conduct of litigation activities”, on the basis of Article 49 of the Lawyers’ Law. The accusations refer to the trial of a Falun Gong practitioner that took place on April 27, 2009 where Mr. Tang Jitian and Ms. Liu Wie, representatives of the defendant, had walked out the courtroom after pointing out the repeated interruptions by the presiding judge and court officials.

Their respective licenses had not been renewed in June 2009 (see infra). If they were revoked, this would permanently ban them from practicing law.

The Observatory was further informed that lawyer Li Subin, representative of Ms. Liu Wei, was prevented by the police from attending the hearing of April 22. Officials from the United States, Canadian and German embassies were also barred from attending the hearing and protesters – who had gathered at the building of the BBJ in support for the two lawyers were dragged away into vehicles by the police.

The judicial harassment against Ms. Liu and Mr. Tang illustrates the repression and obstacles to professional duties faced by lawyers who take on “sensitive cases”, such as the defence of political dissidents, human rights defenders, Uyghurs and Tibetan minorities as well as Falun Gong practitioners.

Mr. Tang and Ms. Liu are two of about 20 lawyers whose licenses were not renewed by their local bureaus of justice in June 2009 in reprisal for taking on some of these “sensitive” cases. They had, for example, signed up to provide counsel to Tibetans, who were arrested after the March 2008 riots in Tibet. They were also among the initial signatories of the “Charter 08” in June 2009, a petition calling for political reforms and the protection of human rights in the country. Both were also among the lawyers who pushed for direct elections in the Beijing Lawyers Association in August 2008, which had resulted in Mr. Tang being asked to leave his position within the Beijing-based Haodong law firm[1].

The Observatory strongly condemns the judicial harassment against Mr. Tang Jitian and Ms. Liu Wei, which seems to merely sanction their human rights activities and as such is a flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.

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. Tang Jitian and Ms. Liu Wie as well as that of all human rights lawyers;
2. Put an end to any acts of harassment, including at the judicial level, against Mr. Tang Jitian and Ms. Liu Wie, other human rights lawyers as well as against all human rights defenders in China;
3. Conform with the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
4. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.

Addresses:

• Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)
• Ms. 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
• Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;
• 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 diplomatic mission or embassy of the People’s Republic of China in your respective country.

Geneva - Paris, April 26, 2010

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

The Observatory, a 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. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
• Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

[1] See the Observatory Annual Report 2009.