Mr. Qi Chonghuai subjected to ill-treatments while arbitrarily detained

People’s Republic of China

December 9, 2009

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), has received new information and requests your urgent intervention in the following situation in the People’s Republic of China (PRC).

New information:

The Observatory has been informed by Chinese Human Rights Defenders (CRD) that Mr. Qi Chonghuai, a reporter and former Shandong Bureau Chief for the Fazhi Morning Post who was sentenced to four years in prison in May 2008 for “extortion and blackmail”, has been repeatedly beaten and subjected to ill-treatments and hard labour while in detention.

According to the information received, Mr. Qi Chonghuai was reportedly violently beaten on seven occasions since he was incarcerated, and has been forced to perform hard labour in a coal mine. Moreover, his wife has been unable to visit him for more than ten months, since February 4, 2009. His brother was barred from visiting him in June 2009.

Mr. Qi, who is currently incarcerated in Tengzhou City Prison, is a reporter known for his articles exposing local corruption, social injustice and human rights violations. In the past, he was warned several times by the authorities to stop such reporting, which he has always refused.

According to the information received, Mr. Qi was first tortured while in pre-trial detention. During an interrogation on August 13, 2007, he was bound to an iron chair and beaten by a Tengzhou city policeman until he lost consciousness. During the 408 days he was held at the Tengzhou City Detention Center before being sentenced, he reported being beaten "nearly every day".

On August 8, 2008, Mr. Qi was transferred to Tengzhou Prison. On the day he arrived, he was beaten by fellow inmates, suffering a broken rib.

On April 30, 2009, a prison guard confiscated a number of Mr. Qi’s manuscripts, which documented the conditions inside the Tengzhou Prison. Afterwards, that same guard dispatched an inmate to beat Mr. Qi at the bottom of a 130-meter deep mine, where he lost consciousness. Two fellow inmates finally found him and dragged him out of the mine. He did not regain consciousness until May 6.

Moreover, since he was sentenced in May 2008 to four years in prison, Mr. Qi has been forced to perform hard labour in coal mines run by the prison. Working over ten hours per day without adequate food, water or rest, Mr. Qi has been forced to carry very heavy rails to construct tracks for mining carts and push mining carts[1].

As a result of the combination of beatings and relentless labour, Mr. Qi’s left thumb, knees and waist are reportedly permanently injured and he has difficulties walking.

The Observatory expresses its deep concern about Mr. Qi Chonghuai’s ill-treatments and ongoing arbitrary detention, which seems merely aimed at sanctioning his human rights activities, and recalls that Mr. Huang has been arbitrarily detained since June 25, 2007 (See background information).

The Observatory further points out that the National People’s Congress amended the Chinese Constitution in 2004 to include that “the State respects and safeguards human rights” and that in April 2009, the PRC submitted a document to the UN in order to support its candidacy to the Human Rights Council, in which it affirmed that the People’s Republic of China was “committed to the promotion and protection of human rights and fundamental freedoms of the Chinese people”. As a member of the Human Rights Council, China “shall uphold the highest standards in the promotion and protection of human rights”.

The Observatory therefore urges the Chinese authorities to comply with the relevant international norms and standards, in particular the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.

The Observatory also urges the European Commission Delegation as well as European Union (EU) Member-States embassies in the PRC to call upon the Chinese authorities to comply with the relevant international norms and standards and take action on this situation, in line with the EU Guidelines on Human Rights Defenders.

Background information:

Mr. Qi Chonghuai was arrested on June 25, 2007 for suspected “‘economic crimes” and “fake journalism”, without an arrest warrant, after reporting on corruption related to the construction of the Haohua Government Office Building in Tengzhou City, Shandong Province. He was formally arrested on August 2, 2007 on suspicion of “extortion and blackmail”.

On May 13, 2008, the Tengzhou City Court, Shandong Province, sentenced Mr. Qi to four years’ imprisonment for “extortion and blackmail”. His trial was held from 9 a.m. to 8 p.m. During the lunch break of the session, Mr. Qi was dragged out of courtroom when he tried to comfort his sobbing wife who was attending the trial. It was further reported that two court policemen held Mr. Qi down and hit his head on the floor six times.

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. Qi Chonghuai;
2. Release Mr. Qi Chonghuai immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
3. Carry out a prompt, effective, thorough, independent and impartial investigation into above-mentioned acts of ill-treatments against Mr. Qi Chonghuai, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
4. Put an end to any acts of harassment, including at the judicial level, against Mr. Qi Chonghuai and more generally 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”, its article 9, which states that “[...] everyone has the right, individually or in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights” and its 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:

• 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, December 9, 2009

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 20 11 / +33 1 43 55 18 80

[1] In addition, the prisoners who work at the mine are provided with little or no protective gear, and many are ill with pneumoconiosis. When they are ill or injured, they are given no medical attention.