China
20.09.04
Urgent Interventions

People's Republic of China: Arbitrary Detention of Mr. Yan Zhengxue

URGENT APPEAL – THE OBSERVATORY


CHN 004 / 0904 / OBS 071
Arbitrary Detention
People’s Republic of China


September 20, 2004

The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in China.


Brief description of the situation:

The Observatory for the Protection of Human Rights Defenders has been informed by Human Rights in China (HRIC) of the detention of Mr. Yan Zhengxue, who is actively involved in human rights campaigns and an outspoken human rights promoter, as well as a well-known artist and dissident. In the lead up to the meeting of the Central Party Committee of the 16th Party Congress, Mr. Yan was arrested and secretly detained by the State Security Department police on September 14, 2004 in Taizhou City, Zhejiang Province, China.

According to the information received, Mr. Yan Zhengxue was taken away by car from Taizhou City, Zhejiang Province, at 2:35pm by the Zhejiang Province State Security Department police. His wife, Mrs. Chun Liu, has confirmed that she lost contact with him several days ago.

In June 2004, Mr. Yan Zhengxue sued the Beijing and Zhejiang Public Security authorities , as well as the Jiaojiang District Public Security authorities, in the Beijing Number 2 Intermediate Court and the Jiaojiang District Court in Zhejiang, for slandering his reputation with false information.

This followed an incident that had occurred at the Zhejiang local police, when Mr. Yan Zhengxue went to ask for protection, after thugs sent by Zhu Yongjie, of the Taizhou City Procuratorate, , intimidated his mother while he was in visit to the United States in late 2003. The thugs aimed at inducing her to leave her son's flat. After he returned to China, Zhu Yongjie and a group of thugs demanded that he hand over his flat and threatened him of serious bodily harm. Mr. Yan Zhengxue went to the police to ask for protection, but the police not only refused to help but also tried to discredit him with slander.

More generally, Mr. Yan's present detention probably reflects an effort by the authorities to prevent any trouble during this politically sensitive time.

Mr. Yan Zhengxue has been involved in the defence of human rights since several years : with Mr. Li Guotai and others, he had initiated a global petition campaign against the Reeducation Through Labour (RTL) and Reform through Labour (Laogai) systems as violating human rights. He is also an outspoken proponent of human rights and political reform and opposed corruption.

In 1993, Mr. Yan Zhengxue had sued the Beijing Public Security Bureau for violent injury and violation of human rights, after which he was detained on trumped-up charges and sent to an RTL camp. He was subsequently released.

The Observatory is very preoccupied by Mr. Yan Zhengxue’s arrest and expresses its fears for his physical and psychological integrity. The Observatory notes that this arrest constitutes a flagrant violation of the provisions of the Declaration on Human Rights Defenders, adopted by the United Nations’ General Assembly on 9 December 1998, in particular its article 9.3.a which states that “Everyone has the right, individually and in association with others, to complain about the policies and action, of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or appropriate means, to competent domestic judicial, administrative or legislative authorities or any other authority provided for by the legal system of the State […]”..


Action requested:
Please write to the Chinese authorities, urging them to:

i. guarantee Mr. Yan Zhengxue’s physical and psychological integrity and release him immediately and unconditionally;

ii. put an end to any kind of threats and harassment against him, as well as against all human rights defenders in China;

iii. conform with the Declaration on Human Rights Defenders, adopted by the United Nations’ General Assembly on 9 December 1998, in particular 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 realization of human rights and fundamental freedoms at the national and international levels”, article 6.b which provides that “everyone has the right, individually and in association with others, to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and article 9.3 cited above;

iv. conform with the provisions of the Universal Declaration on Human Rights, and with the other international instruments binding 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

  • President Hu Jintao, People’s Republic of China, c/o Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Genève, Suisse, Fax: +4122 7937014, E-mail: mission.china@ties.itu.int

  • 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 65 292345

  • 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

  • Ambassadeur, Sha Zukang, Mission permanente de la Rép. Pop. De Chine, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +4122 793.70.14

*****

Paris – Geneva, September 20, 2004

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

The Observatory, a joint 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.

To contact the Observatory, call the Emergency Line:
E-mail: observatoire@iprolink.ch
Tel and Fax: FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
OMCT: +41 22 809 49 39 / 41 22 809 49 29