Ongoing arbitrary detention, judicial harassment, slandering campaign and ill-treatment of Mr. Wu Zeheng and more than 20 of his followers

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), has received new information and requests your urgentintervention on the following situation in the People’s Republic of China (PRC).

New information:

The Observatory has been informed by reliable sourcesabout the ongoing arbitrary detention, judicial harassment, slandering campaignand ill-treatment of Mr. Wu Zeheng and more than 20 of his followers.Mr. Wu Zeheng is a prominent Buddhist leader, also known as Buddhist Zen MasterShi Xingwu, committed to promoting greater respect for human rights and therule of law and to fighting against corruption. He has been detained with someof his followers since July 29, 2014 (see background information).

Accordingto the information received, since the arbitrary arrest of Mr. Wu Zeheng andseveral of his followers on July 29, 2014, Mr. Wu Zeheng has not yet beenbrought before a judge. On September 5, 2014, the police authority charged allthe detainees with “organising and making use of evil cults to destroy theimplementation of law.” On October 28, 2014, the evidence gathered by thePolice Authority regarding this case was sent to the Zhuhai Procuratorate,which on December 19, 2014, determined that there was insufficient evidence andordered the Police Authority to re-investigate the case. On January 19, 2015,the new evidence for this case was sent to the Zhuhai Procuratorate; on March4, 2015, the case was returned by the Procuratorate to the Zhuhai Police Authorityfor the second time because of insufficient evidence. The Police Authority wasagain ordered to re-investigate the case.

In addition,Mr. Wu’s followersare being persecuted both judicially[1]and through a slander campaign. On August 5and 15, 2014, three major newspapers - the Southern Metropolis Daily,the Yangcheng Evening News, and the Guangzhou Daily - launched adefamatory campaign against Mr. Wu Zeheng, accusing him of raping his femalestudents and laundering money through the Hua Zang Dharma discipline, which isconsidered a fraud by the Chinese authorities. From August 29, 2014 onwards,several other defamatory articles were published in the official mediaincluding by CCTV. The Zhuhai Intermediate People's Court refused toinvestigate the allegations presented by Mr. Wu’s lawyers on October 19, 2014in relation to this slander campaign. These false reports recklessly slanderedMr. Wu Zeheng and the Hua Zang Dharma discipline, seriously damaging hisreputation as a human rights defender, the reputation of his followers underarrest, as well as that of all members of the Hua Zang Dharma discipline. TheObservatory is seriously concerned about this defamatory campaign, whichviolates the principle of presumption of innocence established under the criminallaw of the PRC.

Furthermore,the Observatory expresses its deep concern about the conditions in which Mr. Wuand his followers remain detained in Zhuhai No. 2 and No. 1 Detention Centres,as the detention Centre which has the capacity to accommodate 20 prisoners iscurrently holding 50-60 persons, depriving them of enough space to sleep, andforcing some of them to sleep on the floor or on corridors, or to take turnssleeping. In addition, the Observatory was informed by Mr. Wu’s lawyer, Mr.Lin Qilei, who went to visit his client on February 15, 2015, that the foodprovided to Mr. Wu is not sufficient, that he is forced to undertake extraduties and that he is deprived of communication with his family. Also, duringthe visit no mobile phone nor video or audio recording devices were allowed,nor were Mr. Wu and his lawyer allowed to pass written notes to each other,which violates regulations concerning prisoner visits and communication betweenprisoners and their lawyers. After denouncing these restrictions to the ZhuhaiProcuratorate, Mr. Lin Qilei was informed that, despite the variety ofregulations throughout China concerning the matter of visits with prisoners, atthe very least audio recordings should be allowed.

More generally, the Observatory condemnsthe slander campaign and judicial harassment against Mr. Wu Zeheng and hisfollowers, as it seems merely aimed at sanctioning Mr. Wu Zeheng's peaceful human rightsactivities, and calls upon the authorities of the People’s Republic of China toput an end to all acts of harassment against him as well as against all humanrights defenders in the country.

Finally, theObservatory urges the Chinese authorities to guarantee the physical andpsychological integrity of Mr. Wu and all hisfollowers, and to immediately and unconditionally release them.

Background information[2]:

Mr. Wu Zeheng served an 11-year prison term,based on spurious accusations of economic crimes that followed a letter he sentin 1998 to the Central Committee of the Communist Party of China and StateCouncil, and in 1999 to the Chinese President Jing Zemin and then PrimeMinister Zhu Rongji, denouncing human rights violations and calling for reform.During this time in prison, Mr. Wu Zeheng faced repeated and extensive torture.Since his release on February 28, 2010, Mr. Wu Zeheng has been subjected toclose surveillance by the Chinese authorities as well as various forms ofpersecution (stalking, beatings, insults, theft, travel restrictions, etc.).

On May 9, 2011, in front of several witnesses,Mr. Wu Zeheng was beaten, threatened and forcibly arrested by officersbelonging to the Zhuhai police. At 9:00 pm that day, eight policemen forcefullyentered Mr. Wu's residence and seized him, his young sister and two otherstudents and searched all rooms, without presenting any search warrant or anyother legal documentation authorising their action. Double-handcuffed, Mr. Wuwas forcefully taken to the police station for questioning. Along the way andduring the interrogation, which went on until 10:00 am the following morning,the police beat him and yelled offensive comments. He was told that he wouldnot be allowed to do anything and he would not be bothered again only if heremained in his hometown. He was also warned not to participate in Buddhistceremonies or to have his students visit him. He was held in detention for 24hours before being released without charges and without being provided anylegal document explaining or justifying the police actions.

According to the police interrogators, Mr. Wuand his followers were detained on May 9, 2011, on suspicion of intending toorganise an illegal assembly. Despite complaints filed on May 16, 2011 with theXiangzhou Public Security Bureau (PSB) of Zhuhai city, these acts of harassmenthave remained unpunished. According to a written notice in response to thecomplaints, bearing the seal of the Xiangzhou PSB of Zhuhai and dated July 4,2011, the Bureau stated no illegal enforcement of the law had occurred duringthe police intervention of May 9, 2011.

On July 29, 2014, Mr. WuZeheng and some of his followers(including children) were taken into custody, after the police staged acoordinated raid on a number of businesses and living compounds run by hisgroup, Hua Zang Dharma. They were arrested for “using cult activities toundermine law enforcement, to defraud, to commit sexual assaults, and to engagein other criminal activities.” ThePublic Security office of Guangdong Province was the investigative authority inthis case while the Public Security Bureau of Zhuhai was involved in theenforcement and interrogation. No search warrant nor any official documentswere presented to justify the raid and the arrests. Inthe first 24 hours of his detention, Mr. Wu was kept awake for 16 hours, deniedall food and water, and consecutively questioned by four different groups ofpolice officers.

Actions requested:

Pleasewrite to the authorities in the People’s Republic of China, urging them to:

i. Release Mr. Wu Zehengand his followers immediately and unconditionally since their detention isarbitrary, and seems only aimed at sanctioning Mr. Wu's human rightsactivities.

ii. Guarantee in all circumstancesthe physical and psychological integrity of Mr. WuZeheng and his followers, as well as of all human rights defenders inthe People’s Republic of China;

iii. Put an end to theharassment - including at the judicial level - against Mr. Wu Zeheng, hisfollowers, as well as against all human rights defenders in the People’sRepublic of China;

iv. Conform with theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”, and Article 12.2, which provides that “the State shalltake all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”;

v. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by the People’s Republic of China.

Addresses:

• Mr. LI Keqiang, 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; Email: 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. GUO Shengkun, 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 WU Hailong, Permanent Mission of the People’s Republic of China to the United Nations: 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, 1150 Woluwe Saint-Pierre, Belgium; Tel: +32-2-7711497, +32-2-7711495; Fax: +32-2-7792895; Email: chinaemb_be@mfa.gov.cn

Pleasealso write to the diplomatic mission or embassy of the People’s Republic ofChina in your respective country.

[1] Onlyarrestees holding foreign passports were released, while many of the otherfollowers who were arrested on July 29 were heavily sentenced. Some of themwere condemned without a court hearing, and without their families beinginformed. Moreover, although Chinese law allows lawyers to access and copy thecase file of their clients during the scrutiny prosecution period,the Procuratorate has been obstructing the work of the lawyers of thedetained followers. Furthermore, all the information about the eventsof July 29 written by the lawyers involved in the case and published on theInternet, has been suppressed, allegedly by the authorities. Moreover, at least five other followers have been arrestedsince the beginning of September 2014. In October 2014, all of these caseswere transferred to the People´s Procuratorate of Zhuhai by the policeauthorities of Zhuhai.

[2] For more information, seeObservatory Open Letter of December 16, 2011 as well as Urgent Appeal of August27, 2014.