Incommunicado detention of Mr. Gong Haoming

December 5, 2007

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 on the following situation in the People’s Republic of China (PRC).

Brief description of the situation:

The Observatory has been informed by “Chinese Human Rights Defenders” (CRD) about the incommunicado detention of Mr. Gong Haoming, a Shanghai human rights activist.

According to the information received, on November 8, 2007, Mr. Gong Haoming was arrested by members of the Shanghai Public Security Bureau (PSB), Huangpu Sub-division, and later detained on suspicion of “intentionally leaking state secrets”. Since then, he has been detained incommunicado in the Shanghai PSB Huangpu Sub-division Detention Centre.

On November 27, 2007, Mr. Gong’s lawyer went to Shanghai PSB Huangpu Sub-division Detention Centre to request a meeting with his client. However, the lawyer was denied access by the police as the case would involve “state secrets”. As a result, the Observatory fears that Mr. Gong be at risk of being tortured while in detention, as an increasing number of human rights defenders have been subjected to torture or ill-treatments by the authorities over the past years. Besides, his health would reportedly be deteriorating.

Mr. Gong became a petitioner when his home and shop were demolished in 1996. Since then, he has become an activist, helping his neighbours whose properties were also forcibly demolished and filing a lawsuit against the Shanghai city government for violating housing and property rights. In December 2003, Mr. Gong was sent to Re-education Through Labour (RTL) for two and a half years for “disturbing social order”. In May 2007, Mr. Gong helped organise the “We Want Human Rights, Not the Olympics” letter-signing activities to demand improvement of the human rights situation in China.

The Observatory expresses its deep concern about Mr. Gong Haoming’s incommunicado detention and recalls that the denial of his rights to legal counsel is a flagrant violation of the International Covenant on Civil and Political Rights (Article 14-3), which China has signed but not yet ratified, of the United Nations Declaration on Human Rights Defenders, and of the Universal Declaration of Human Rights (Article 11).

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. Gong Haoming;
2. Ensure his immediate release since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
3. Guarantee unconditional access to his lawyers, families and any medical treatment he may require;
4. Put an end to the harassment against all human rights defenders in the People’s Republic of China;
5. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, 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;
6. 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:

• 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, USA, Fax: +01 202 588-0032;
• Mr. 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;
• 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. WU Zhiming, Director of the Shanghai Bureau of Public Security,
• Shanghaishi Gong’anju, 185 Fuzhoulu, Huangpuqu, Shanghaishi 200002, People’s Republic of China, Email: gaj02@shanghai.gov.cn / shgajxfb@sh.china110.com
• Mr. WU Junying, Director of the Shanghai Bureau of Justice, Shanghaishi Sifaju, 225 Wuxinglu, Shanghaishi 200030, People’s Republic of China, Fax: +86 21 64743029, Email: contact_us@eastday.com / webmaster@justice.gov.cn / jijianjiancha@eastday.com
• Mr. TENG Yilong, President of the Shanghai Municipal High People’s Court, Shanghaishi Gaoji Renmin Fayuan 209 Fuzhoulu, Huangbuqu, Shanghaishi 200002, People’s Republic of China, Email: gyxxzx@hshfy.sh.cn
• Mr. WU Guangyu, Chief Procurator of the Shanghai Municipal People’s Procuratorate, Shanghaishi Renmin Jianchayuan, 648 Jianguo Xilu, Xuhuiqu, Shanghaishi 200030, People’s Republic of China
• 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, December 5, 2007

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 FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29