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 the International Confederation of Free Trade Unions (ICFTU) and the China Labour Bulletin about the release of Mr. Xiao Yunliang, a prominent independent labour activist from China’s Liaoning Province.

According to the information received, on February 23, 2006, Mr. Xiao Yunliang, an activist of the workers’ movement who was imprisoned since March 2002 for “attack on national security”, was released by the Chinese authorities three weeks ahead of completing a four-year sentence. However, he is allegedly still subjected to acts of harassment by the authorities.

Indeed, since his release, Mr. Xiao Yunliang has been under house arrest, and his apartment would currently be watched by four police guards and two police cars. Family and friends who attempted to see him were harassed and intimidated by the police, which caused a number of them to turn back for fear of reprisal.

According to Mr. Xiao’s family, on 28 February 2006, his youngest daughter, Ms. Xiao Yu, complained to the police that the family could not live normally under such conditions. A police official present at the family’s home replied: “If you can not live like this, then jump from a high building!”. This comment is likely a cynical reference to a form of action by groups of workers protesting against unpaid wages, who have occasionally threatened to jump off tall buildings if their grievances were not heard by the authorities.

In addition, the Observatory recalls that Mr. Xiao Yunliang was arrested along with Mr. Yao Fuxin, who received a seven years prison term. Mr. Yao Fuxin is not scheduled to be released until March 2009 (See Observatory Annual Report 2004).

The Observatory calls for the immediate release of Mr. Yao Fuxin and all other labour leaders and human rights defenders arbitrarily detained and urges the authorities to stop harassing and intimidating Mr. Xiao Yunliang and his family.

Background information:

Mr. Yao Fuxin and Mr. Xiao Yunliang had been arrested after having led, in March 2002, a workers’ demonstration in northeast China to protest against corruption and the non-payment of overdue salaries. On May 9, 2003, they had respectively been sentenced to seven and four years in prison, for “subversion of State power” (Article 105 of the Criminal Code) and three years of deprivation of their civil and political rights. Their appeals had been later dismissed by a higher court. Their state of health had worsened after their transfer, on October 8, 2003, from Jinzhou Prison to Lingyuan Prison, considered as one of the most severe prisons in China. In March 2004, Mr. Xiao Yunliang had been transferred to the Shenyang Dabei Municipal Prison. He was then again transferred to the Lingyuan Prison in 2005.

In 2005, the state of health of Mr. Yao Fuxin and Mr. Xiao Yunliang remained extremely weak due to their poor conditions of detention. Since the beginning of their detention, the two trade unionists were transferred between prisons about ten times. On August 6, 2005, Mr. Yao Fuxin, who was suffering from hypertension, had a heart attack and had to be sent to the hospital of the Lingyuan Public Security Bureau. Hospitalised for almost 20 days, he was then sent back to prison. His family did not stop fighting for the review of the proceedings against him, however, by the end of 2005, the Supreme People’s Court of Liaoning province had still not delivered its judgment.

Actions required:

Please write to the Chinese authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Xiao Yunliang and Mr. Yao Fuxin, and grant the latter immediate access to medical care;

ii. Release immediately Mr. Yao Fuxin since his detention is arbitrary

iii. Put en end to the harassment against Mr. Xiao Yunliang and all members of his family;

iv. 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”, and article 5, which states that “for the purpose of promoting and protecting human rights and fundamental freedom, everyone has the right, individually and in association with others, at the national and international levels: (a) to meet or assemble peacefully; (b) to form, join and participate in non-governmental organisations, association or groups”;

i. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of 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, Gen?ve, Swtzerland, Fax: +41 22 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 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

Please also write to the diplomatic representations of the People’s Republic of China in your respective countries.

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Geneva-Paris, March 2, 2006