Overturn of Mr. Chen Guangcheng's sentencing and re-trial

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.

New information:

The Observatory has been informed by reliable sources about the recent decision of the Linyi City People’s Intermediate Court to overturn the Lower Court sentencing of Mr. Chen Guangcheng, a lawyer involved in denouncing an extremely violent implementation of the birth planning policy by the authorities of Linyi, Shangdong province.

According to the information received, the Linyi City People’s Intermediate Court overturned the lower court’s guilty verdict against Mr. Chen Guangcheng, sending the case back to the Yinan County Court for a re-trial. The court was not open to the public and the judge did not justify nor explain his decision.

On August 24, 2006, Mr. Chen Guangcheng was sentenced to four years and three months' imprisonment, after a two-hour hearing by the Linnan County People’s Court for “deliberate destruction of property” and “disrupting traffic”. The trial only lasted two hours.

In mid-October 2006, when the defense lawyers inquired about the date for the trial of second instance, they were told that the ruling issued by the court was to be in writing. However, the court failed to comply with legal regulations requiring it to issue a ruling and send it to the lawyers or family before October 20, 2006.

Mr. Chen was arrested in March 2006 on the pretext that he and others activists had obstructed traffic (See background information).

Mr. Chen remains detained at the Yinan County Detention Center. His wife, Mrs. Yuan Weijing, remains under residential surveillance for supporting her husband’s actions and speaking out about his mistreatment.

The Observatory welcomes this decision of the Linyi City People’s Intermediate Court. Nevertheless, the Observatory calls for his immediate and unconditional release, as his detention seems to be directly linked to his activities in favour of the villagers of Linyi, who have been the victims of numerous violations of their rights in relation to the implementation of the birth planning policy. In particular, Mr. Chen tried to assist them in bringing legal proceedings against the perpetrators of such violations.

The Observatory urges the Chinese authorities to conform with its international human rights obligations, commitments that were reaffirmed by China on the occasion of its election as a member of the new United Nations Human Rights Council.

Background information:

In early 2005, Mr. Chen Guangcheng began to investigate into the violence perpetrated against local women and their families in order to meet birth planning quotas in his native Linyi City. Information on the extensive violations was also published by the international press and on the Internet. Eventually, the State Family Planning Commission conducted its own investigation and publicly admitted that officials had violated the law and that disciplinary action was being taken.

Since August 2005, the authorities have tried to undermine and intimidate Mr. Chen Guangcheng, his family and other villagers who support Mr. Chen’s work. The means used were often illegal such as close surveillance, threats, house arrest and secret detention. On September 6, 2005, Mr. Chen was placed under “residential surveillance”.

On March 11, 2006, local police arrested and questioned Mr. Chen Guangcheng on the grounds that he and others activists had obstructed traffic. On the same night, the police assaulted Mr. Chen’s wife, Mrs. Yuan Weijing. On June 11, 2006, she was notified by the Yinan County Public Security Bureau that her husband was charged with “deliberate destruction of property” and “organising a mob to disrupt traffic”.

Furthermore, Mr. Xu Zhiyong, one of Mr Chen’s defence lawyers who was already under strong pressure from the authorities to drop the case, could not get permission from the court to serve the claim. Indeed, the court refused to process the necessary documents.

During the judicial proceedings, Mr. Chen was denied access to his legal team. Thus, the first instance in his trial took place on August 19, 2006, in the absence of his legal team, all of whom had been either detained by the police or denied access to the court. Indeed, on August 18, 2006, Mr. Xu Zhiyong was beaten by five unidentified men and then taken into police custody, only to be released 22 hours later, after Mr. Chen’s trial had already finished. On the same day, police surrounded Mr. Li Jinsong and Mr. Zhang Lihui and detained them on charges of theft. Both Messrs. Zhang and Li were released, but were then barred from attending the trial.

Two lawyers also involved in Mr. Chen’s defense proceedings, Messrs. Yang Zaixin and Zhang Jiankang, were harassed and forcibly returned home for their involvement in Mr. Chen’s defence.

As a result, authorities appointed their own public defender, who did not read Mr. Chen’s file and did little to defend him.

Actions required:

Please write to the Chinese authorities urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Chen Guangcheng as well as of his lawyers;
2. Ensure that Mr. Chen Guangcheng be immediately released, as his detention is arbitrary;
3. Ensure that his rights to a fair and impartial trial will be guaranteed in any circumstances;
4. Put an end to any kind of reprisals against all human rights defenders in 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”, article 6.b, which states that “everyone has the right, to freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, article 9.3.c, which states that “everyone has the right [...] to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms”, and article 12.2, which states 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 signed by the People’s Republic of China, in particular the International Covenant on Civil and Political Rights (ICCPR), that China has publicly declared its intention to ratify.

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
• Minister of Justice of the People’s Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345
• Minister of Foreign Affairs of the People’s Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn
• Ambassador, Sha Zukang, Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14
• 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 representations of the People’s Republic of China in your respective countries.

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Geneva-Paris, November 3, 2006

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.

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