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AMNESTY INTERNATIONAL
PRESS RELEASE
28 September 2009
China: Human Rights Activists not welcome at 60th Anniversary Party
Chinese authorities have increased surveillance, harassment and imprisonment of activists ahead of the country’s 60th anniversary on 1 October to prevent them from raising human rights concerns that challenge the authorities’ image of social harmony, Amnesty International said today.
Amnesty International estimates that several hundred activists and dissidents are under various kinds of surveillance or house arrest and thousands of petitioners are being swept out of Beijing. The organization continues to receive reports that petitioners are being kept in “black jails” and other informal detention facilities outside Beijing.
“The Chinese government wants to celebrate the country’s success while ensuring that no dissenting view or complaint is heard,” said Roseann Rife, Amnesty International Asia Pacific deputy director. “As a result, what the Chinese government is highlighting is its own fear of giving the Chinese people a real voice to talk about the reality of their lives, good and bad.”
In the past few weeks, the authorities have increased their surveillance of petitioners, human rights activists, religious practitioners and ethnic minorities to ensure that they do not raise human rights issues and complaints in any forums during the National Day celebrations.
Petitioners seek justice directly by presenting their cases to central authorities in Beijing after failing to redress their grievances locally.
On Friday 25 September, Chinese media reported that local authorities were told by the central government departments that manage petitioners – the State Bureau for Letters and Visits and the Public Security Bureau – that they should review their records and keep anyone who has filed a petition under local surveillance during this time period.
Beijing authorities regularly forcibly return petitioners to their hometowns before major events or celebrations as they believe petitioners would reflect badly on the country’s international public image.
“We call on the authorities to immediately and unconditionally lift all restrictions on human rights activists and release all prisoners of conscience across the country,” said Roseann Rife.
Amnesty International has recently recorded the following incidents:
- Zeng Jinyan, wife of imprisoned human rights activists Hu Jia, was asked by authorities to leave Beijing on 25 September and not to return until after 10 October. Zeng Jinyan has been under tight surveillance since her husband was imprisoned in April 2008, effectively halting much of the couple’s human rights work.
- On 23 September, police informed the lawyer of detained human rights activist Liu Xiaobo that his client had to remain in detention for further investigation of suspicion of “inciting subversion of state power”. Liu Xiaobo was seized from his home in Beijing by the police on 8 December 2008, two days before he was due to launch Charter 08, a blueprint for legal and political reform in China.
- In mid September, several Beijing activists were forced to leave the city. Those included former political prisoner and China Democratic Party member Gao Hongming, housing rights activist Wang Ling, who was sent to Re-education Through Labour during the 2008 Olympics, and pro-democracy activist Qi Zhiyong who was left disabled from a gunshot injury during the 1989 Tiananmen crackdown.
- Since 22 September, Tian Qizhuang, a director of the Open Constitution Initiative (OCI), has not been seen by his family. On 24 September, he called his son explaining he is under police surveillance and asking him to prepare some clothes for him. OCI Founder Xu Zhiyong remains under surveillance and the organization’s finance secretary Zhuang Lu has had only limited contact with her immediate family since her release on 23 August.
- Two dozen plain-clothed security forces have been stationed outside the home of Yuan Weijing, wife of imprisoned activist Chen Guangcheng. Her phone is also intermittently cut off. Together with Chen Guangcheng, Yuan Weijing defended the rights of people with disabilities and women affected by abuses of enforcement of family planning policies in Linyi city, Shandong province.
- In Zhejiang province, several members of the banned China Democratic Party, including Zhu Zhengming, Zhu Yufu, Mao Qingxiang, and Hu Xiaoling have had police stationed in front of their homes to prevent them leaving.
- Earlier in September, China Democratic Party member Xie Changfa was sentenced to 13 years imprisonment on “subversion” charges in Hunan province. This is one of the longest sentences given to human rights or political activists in recent years.
- Four female petitioners, Yang Xinmei, Li Suping, Wang Lina and Sun Li from the Xinjiang Uighur Autonomous Region were detained in Beijing in late August. They were originally placed under 15 days’ administrative detention and now have been sent to 2 years of Re-education Through Labour to prevent them from further petitioning over the National Day holiday. The women were petitioning about several issues including land confiscation and miscarriage of justice.
After spending more than 6 months under “residential surveillance”, it was reported in the media in China that Liu Xiaobo has been formally arrested. Amnesty International issued an Urgent Action and the press release below.
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AMNESTY INTERNATIONAL
Press release
24 June 2009
China: Dissident and literary scholar Liu Xiaobo formally arrested
Amnesty International condemns the formal arrest of prominent scholar and activist Liu Xiaobo on suspicion of “inciting subversion of state power” on 23 June. The People’s Daily reported that police accused Liu Xiaobo of activities such as “spreading of rumours and defaming of the government, aimed at subversion of the state and overthrowing the socialism system in recent years”.
“These charges against Liu Xiaobo seem to stem from his support for Charter 08, which actually calls for many of the same human rights protections that were reiterated in China’s first ever National Human Rights Action Plan,” said Roseann Rife, Asia-Pacific Deputy Programme Director at Amnesty International. “His arrest follows a series of crackdowns on activists around the 20th Tiananmen anniversary and intensified control of internet use which only demonstrates the authorities’ lack of commitment to and total disregard for the goals of the Action Plan.”
“This use of state security charges to punish activists for merely expressing their views must stop,” said Rife. “This is another act of desperation by a regime that is terrified of public opinion.”
Liu Xiaobo was seized from his home in Beijing by the police on 8 December, two days before the 60th anniversary of the Universal Declaration of Human Rights and the original launch date of Charter 08, a blueprint stemming from civil society’s calls for fundamental legal and political reform in China. In violation of the Criminal Procedure Law, the police failed to give his family information about where Liu was detained and to provide a detention notice within 24 hours. The police then placed him under “residential surveillance”, a form of house arrest with a maximum six-month limit, without charge, access to a lawyer or any due process for more than six months.
“The authorities must drop the politically-motivated prosecution against Liu Xiaobo who merely peacefully exercised his rights to freedom of expression. He should be released immediately and unconditionally.”
The Chinese authorities must also stop the ongoing harassment, detention, prosecution and imprisonment of Chinese human rights defenders and activists who are also peacefully exercising their constitutional rights to freedom of expression and association.
Background
Charter 08, initially signed by approximately 300 Chinese scholars, lawyers and officials, proposes a blueprint for fundamental legal and political reform in China, with the goal of a democratic system that respects human rights. Charter 08 was launched on 9 December 2008. Since then numerous signatories have been questioned and harassed by Chinese authorities.
Liu Xiaobo is a well-known scholar who was arbitrarily detained twice previously for his writings and his support of the democracy movement in 1989 and spent several years in detention.
AMNESTY INTERNATIONAL
Public Statement
AI Index: ASA 17/026/2009
8 June 2009
China: Liu Xiaobo should be released immediately
Liu Xiaobo’s detention and “residential surveillance” are in contradiction of Chinese law and his continued detention without due process cannot continue, said Amnesty International today.
On 8 June 2009, police told Liu Xiaobo’s wife Liu Xia that her husband would remain in custody for “continued investigation”. Police will continue to keep Liu Xiaobo in custody without charge, access to a lawyer or any due process.
Chinese dissident and literary scholar Liu Xiaobo has been held without charge at an unknown location in China for six full months as of 8 June 2009. His official “residential surveillance” term should have expired according to limits established in the Chinese Criminal Procedure Law. If the Chinese authorities are not going to charge him, then they should now release Liu Xiaobo.
Liu Xiaobo’s lawyer, Mo Shaoping, sent a formal request to Beijing Municipal Public Security Bureau for information concerning the detention and the charge on 11 February 2009, but still has received no reply.
The detention notice given to Liu Xiaobo’s family was blank in the column giving the suspected crime. The authorities only told his family that he was suspected of “incitement of subversion”. The detention notice also did not state the name of the issuing department or the place of detention, and therefore according to his lawyer should not be considered an official detention notice.
The Chinese authorities detained Liu Xiaobo after he signed a campaign for political and rights reform in China, known as Charter 08. They have not yet made public any information concerning his alleged crimes, the charges against him and his current whereabouts. He has not spoken to his lawyer. He doesn’t have the right of access to a judge to challenge the grounds of his detention. This not only violates Chinese Criminal Procedure Law, but also is a serious violation of due process guarantees.
Amnesty International urges China to make public Liu Xiaobo’s current situation and release him immediately.
AMNESTY INTERNATIONAL
Public statement
Date: 2 January 2009
China: Release Liu Xiaobo
(Hong Kong) Amnesty International condemns the “residential surveillance” (a form of house arrest with a maximum six-month limit) of literary critic and activist Liu Xiaobo. The use of such detention without formal arrest or charge against peaceful activists is arbitrary and in violation of international human rights standards, including the rights to liberty, security of person and fair trial.
The organization urges the authorities to immediately and unconditionally release Liu Xiaobo and to cease harassing the other signatories of Charter 08.
It is not clear if Liu was given any official notice of his “residential surveillance” as required by judicial interpretations on criminal procedures. Sources in China told Amnesty International that Liu Xiaobo’s family did not know when the “residential surveillance” started and police said that the charge against Liu Xiaobo would be decided by the higher authorities upon completion of the investigation.
In violation of China’s laws and regulations in implementing “residential surveillance”, the police have detained Liu Xiaobo in an unknown location despite the fact that he has a residence in Beijing.
Amnesty International reiterates its calls on the authorities to make public any information concerning Liu Xiaobo’s alleged crimes, the charges against him and his current whereabouts. It said that Liu Xiaobo should also be allowed full access to legal counsel of his choice.
The organization has also learned that the authorities now consider Charter 08 a “counter-revolutionary platform” and is concerned that this could signal harsher treatment of signatories. The Chinese authorities must stop the ongoing harassment, detention, prosecution and imprisonment of Chinese human rights defenders and activists who peacefully exercise their constitutional rights to freedom of expression and association.
Background
According to China’s Criminal Procedure Law, “residential surveillance” is one of several restrictions that may be employed by the investigating agency against criminal suspects. Individuals under “residential surveillance” are not allowed to leave their residence or meet people without prior approval by the police. During this time they have no right of access to a judge to challenge the grounds of their detention, except in circumstances where the length of detention has exceeded the legal time limit of six months. It is extremely difficult to mount such a challenge, particularly if there is no legal document at the outset of detention. Even as prescribed by Chinese law, “residential surveillance” contravenes essential elements of the right to fair trial under international human rights standards, including the International Covenant of Civil and Political Rights. These include the right to be brought promptly before a judge or judicial officer and the right to challenge the lawfulness of detention.
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Public Document
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For more information please contact Roseann Rife, Deputy Programme Director, Asia-Pacific Regional Office in Hong Kong, at +852 2385 8319 or +852 9103 7183
www.amnesty.org
After Charter 08 was made public earlier this month, it brought some spotlight back on the human rights situation in China since the Beijing Olympics has ended. It would not have gained as much attention if the authorities didn’t detain the Charter’s creator, Liu Xiaobo. Liu wrote Charter 08 to mirror the goals and mission of Charter 77, a document written in 1977 by a small group of people calling for better protection of basic civil and political rights in Czechoslovakia. Charter 08 was supposed to launch on December 10th – the 60th anniversary of the Universal Declaration of Human Rights. Liu was detained at his home two days before the launch. Some of the 300 signers of Charter 08 have been questioned by police including Zeng Jinyan who posted a note on her blog (English translation).
Václav Havel, one of the founding members of Charter 77 wrote an opinion piece published in the Wall Street Journal describing his past experience, offering his opinion on Charter 08 and calling for the release of Liu Xiaobo. Then, a group of scholars, writers, NGO’s staff, and also a few Nobel Laureates from countries around the world publicized an open letter to Chinese President Hu Jintao calling for Liu’s release. Amnesty International also released its own statement making the same call for release.
Would China buckle under pressure? It’s not enough yet. Its Ministry of Foreign Affairs could not provide any specifics about Liu but stressed that China opposes interference in its internal affairs (the standard comment for most problems in China that have no direct effect to the rest of the world). I think it’s time for world leaders to follow suit to call for Liu’s release and also emphasize freedom of expression should be part of China’s plan for a “harmonious society.”
