China: Follow-up of case CHN 310708_Sentencing of Ms. Ni Yulan _Fear for safety

Case CHN 310708.1
Follow-up of case CHN 310708

Alleged torture and ill-treatment/ Incommunicado detention/ Sentencing/ Fear of unfair trial/ Medical treatment denied/ Fear for safety

Geneva, 23 December 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in the People's Republic of China.

New information

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, of the sentencing of Ms. Ni Yulan (47 years old), a Beijing-based housing rights activist and former lawyer who had been evicted forcefully and detained incommunicado, to two years’ imprisonment for “obstructing official business” by Xicheng District Court in Beijing, on 18 December 2008.

According to the information received, only four persons related to Ms. Ni Yulan, including her daughter, were permitted to attend her trial. Ms. Ni Yulan’s husband, some relatives and thirty petitioners, who came in support, were barred from attending. According to the information received, her trial failed to meet minimum international standards for fair trial. It is not yet clear whether Ms. Ni Yulan will appeal the sentence. Ms. Ni Yulan remains detained in Xicheng District Detention Center.

According to the same information, Ms. Ni Yulan was detained in solitary confinement between April and October 2008. She was only able to meet her lawyer once in October (he was later dismissed) before the trial and she has not been allowed to meet with her family since her detention. Furthermore, no investigation has been reportedly launched into the allegations of torture and ill-treatment suffered in April 2008 and Ms. Ni Yulan was denied medical treatment for a head injury she claimed to have been caused during the beatings.

The International Secretariat of OMCT is gravely concerned for the safety of Ms. Ni Yulan. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. In line with their obligations under this treaty, it is incumbent on the Chinese authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a thorough and impartial investigation in this regard. OMCT urges the authorities to conform with China’s international human rights obligations, commitments that were reaffirmed on the occasion of its election as a member of the new United Nations Human Rights Council.

Reminder of the Situation

According to the information received, on 15 April 2008, dozens of workers and police knocked down a wall of Ms. Ni Yulan’s home. Police alleged that Ms. Ni Yulan beat a member of the demolition crew when trying to stop them. Ms. Ni Yulan reportedly did not receive any notification regarding the demolition of her home.

According to the same information, on 29 April 2008, Ms. Ni Yulan was formally arrested on suspicion of "obstructing official business" by the Beijing Public Security Bureau (PSB) Xicheng District Sub-division. It is reported that, soon after she was taken into police custody on 15 April 2008, Ms. Ni Yulan was allegedly beaten and ill-treated at Xinjiekou Police Station in Beijing. Police reportedly confiscated her crutches and made her crawl when she had to use the bathroom. They further kicked her so severely that she reportedly fell unconscious for two days. Ms. Ni Yulan was transferred on 17 April 2008 to Xicheng District Detention Center. Her current condition is unknown as her family and lawyer were denied access since 4 July 2008. Moreover, while her trial was originally scheduled on 4 August 2008, it was reportedly abruptly postponed.

According to Article 277 of the Chinese Criminal Law, Ms. Ni Yulan risks three years of fixed-term imprisonment, criminal detention, or control; or a sentence of a fine.

Ms. Ni Yulan is known for her work assisting many victims of forced eviction in Beijing, many of whom were forced to move to make way for the Olympics facilities without fair compensation. On 27 April 2002, for filming the forced demolition of a Beijing home, Ms. Ni Yulan was reportedly beaten by police. The beating left the former lawyer disabled being unable to walk without crutches. On 27 September 2002, she was arrested when petitioning the Beijing National People's Congress Standing Committee about the police beating. She was convicted of "obstructing official business" and sentenced to one year in prison.

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 Ms. Ni Yulan;
2. Guarantee immediate and unconditional access to her lawyer, her family and any medical treatment she may require;
3. Order her immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, order a full retrial before an independent and impartial tribunal, under conditions which ensure the strictest compliance with fair trial standards enshrined in national and international law and guarantee her procedural rights at all times;
4. Order a thorough and impartial investigation into these events, in particular into the allegations of torture and ill-treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee that adequate reparation is granted to Ms. Ni Yulan;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

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)
• Mr. 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
• Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com

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 embassies of the People’s Republic of China in your respective country.

Geneva, 23 December 2008

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