Sentencing of Beijing-based housing rights activist and legal advocate, Ms. Ni Yulan and her husband Mr. Dong Jiqin_Fear for their safety

Follow-up of case CHN 030611

Sentencing/ Arbitrary detention/ Alleged torture andill-treatment/ Fear for the safety

TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENTintervention in the following situation inthe People’s Republic of China.

Newinformation

TheInternational Secretariat of OMCT has been informed by a reliablesource and Antenna International, a member organisation of OMCT SOS-Torture Network,about the sentencing of Beijing-based housing rights activist and legaladvocate, Ms. Ni Yulan and herhusband Mr. Dong Jiqin.

According to the informationreceived, on 10 April 2012, Ms. Ni Yulan wasconvicted of “creating a disturbance” and “fraud” and sentenced to two yearsand eight months in prison by Xicheng District People’s Court in Beijing,following a ten minutes hearing. Her husband, Mr. Dong Jiqin, was sentenced totwo years in prison for “creating a disturbance”.

Ms. Ni Yulan and Mr. Dong Jiqin were taken into custody on 7 April 2011, during the crackdown againstcivil society launched by the Chinese authorities following anonymous onlinecalls for a “Jasmine Revolution”[1]early 2011, and tried on 29 December 2011. They were reportedly accused ofhaving torn up a registration book and insulted the staff at a hotel, wherethey were staying early 2011. Ms. Ni Yulan was additionally charged with“fraud” for misrepresenting herself as a lawyer in order to gain financially.

Ms. Ni Yulan and Mr. DongJiqin are detained in Xicheng District Detention Centre in Beijing. OMCT remainsgravely concerned for their physical and psychological integrity, in particulargiven Ms. Ni Yulan’s health condition. As the resultof repeated torture over the past decade, Ms. Ni Yulan cannot walk and suffersfrom several chronic medical issues.

OMCT recalls that the Beijing policehad previously detained Ms. Ni Yulan on two occasions for an extended period oftime. On 27 September 2002, shewas arrested when petitioning the Beijing National People's Congress StandingCommittee about police beating that she had endured on 27 April 2002 whenfilming the forced demolition of a Beijing home.The beating left her unable to walk without crutches. She was convicted of"obstructing official business" and sentenced to one year in prison.Furthermore, in 2008, Ms. Ni Yulan was accused of having beaten a member of thedemolition crew who knocked down a wall of her home, on 15 April 2008. Shewas again convicted of "obstructing official business" and, duringher period of detention, from 2008-2010, she was, among others, allegedlyverbally insulted, beaten, held with people with infectious diseases, deniedmedical treatment, subjected to forced labour and placed in solitary confinement[2].

OMCT recalls tothe competent Chinese authorities that China is legally bound to effectivelyensure the physical and psychological integrity of all persons deprived ofliberty in accordance with international human rights law, and in particular,the Convention against Torture and Other Cruel, Inhuman or Degrading Treatmentor Punishment. In line with their obligations under this treaty, it is also incumbenton the Chinese authorities to consider seriously any allegations of torture andill-treatment, and to undertake a thorough and impartial investigation in thisregard.

OMCT believes thatthe detention and sentencing of Ms. Ni Yulan and Mr. Dong Jiqin merely aim atintimidating them and impeding them from carrying out their peaceful activitiesin the defence of human rights and to exercise their rights to freedom ofexpression.

Brief description of the situation

OMCT had earlier been informedabout the arbitrary detention of Ms. Ni Yulan, and her husband Mr. Dong Jiqin, as well as of Wuhan-based political activist,Mr. Li Tie. OMCT was gravelyconcerned about their safety. OMCT had alsobeen informed about the arbitrary detention and subsequent release ofMr. Wei Quiang,originallyfrom Yan'an City, and Mr. Li Tie’s lawyer, Mr. Jin Guanghong, who were both allegedly tortured and ill-treated in detention[3].

Actions Requested

Pleasewrite to the authorities in the People’s Republic of Chinaurging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Ms. Ni Yulan, and Mr. Dong Jiqin;

ii. Guarantee Ms. Ni Yulan and Mr. Dong Jiqin full access to their lawyers,their familyas well as guarantee that they are examined byindependent doctors and receive adequate medical care, in accordance, inter alia, with the recommendations ofthe UN Standard Minimum Rules for the Treatment of Prisoners;

iii. Order Ms. Ni Yulan and Mr. DongJiqin immediate release as their detention isarbitrary as it only aims at sanctioning their peaceful activities;

iv. Put an end to any kind ofharassment – including at the judicial level – against Ms. Ni Yulan and Mr. Dong Jiqin;

v. Ensure that adequate,effective and prompt reparation, including adequate compensation andrehabilitation, is granted to the victims concerned;

vi. Guarantee the respect of human rights and thefundamental freedoms throughout the country in accordance with national lawsand international human rights standards.

Addresses

· Mr. Wen Jiabao, Prime Minister of thePeople’s Republic of China, Guojia Zongli, The State Council General Office, 2Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

· Mr. WuAiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu,10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic ofChina, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Mr. YangJiechi, Minister of Foreign Affairs of the People’s Republic of China, BuzhangWaijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic ofChina, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;

· Mr. MengJianzhu, 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

· Mr. Fu Zhenghua, Director of the BeijingPublic Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie,Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 1085222320, Email: wbjc2sohu.com

• Permanent Mission of the People’s Republic ofChina, Ch. DeSurville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail:mission.china@ties.itu.int, Fax : +41 22 793 70 14

Please also write to theembassies of the People’s Republic of China in your respectivecountry.

Geneva, 13 April 2012.

***

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

[1] The 2011Chinese “Jasmine Revolution” protests refer to weeklypro-democracy street actions in over a dozen cities in China starting on 20February 2011.An anonymous call for protest was initially published on line on 19February 2011,particularly on Twitter, suggesting specific places in 12 to 13 cities, wherepeople should gather.

[2] See OMCT urgent appeal CHN 310708 and CHN 310708.1

[3] For further details, please seeOMCT urgent appeal CHN 030611.