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 Human Rights in China (HRIC) that lawyer Zheng Enchong, who was released on June 5, 2006, after serving a three-year prison term for “illegally providing state secrets overseas”, has been put under house arrest and subjected to other restrictions on his personal freedom.

According to the information received, during the sixth annual meeting of the Council of Heads of Member States of the Shanghai Cooperation Organisation , which took place on June 15, 2006, Mr. Zheng was ordered by the Shanghai authorities to remain within the boundaries of his neighbourhood. After the meeting ended, Mr. Zheng’s freedom was restricted further, as he has since then been obliged to remain at home.

On June 27, 2006, Mr. Zheng requested the police officers on watch outside his home to be allowed to go to the local Public Security Bureau (PSB) office to apply for a new identification card. Indeed, under the terms of his release, after the completion of his sentence, Mr. Zheng was required to obtain a new identification card and residency permit by June 15, 2006. A police vehicle finally brought him to the police station, where he was told that the residency officer was not available to process his application.

Moreover, on the morning of June 28, 2006, Mr. Zheng and his wife, Mrs. Jiang Meili, attempted to go to the Shanghai Municipal Government offices to submit a complaint about interference in Mr. Zheng’s application, but they were stopped by four plain clothes police officers. Mr. Zheng was then told that the loss of his political rights, under the terms of his sentence, also denied him any freedom of movement. Mr. Zheng staged a one-hour sit-in front of the office in protest.

Due to the lack of an identification card, Mr. Zheng was reportedly unable to find an employment. In addition, he is still denied any access to court documents relating to his case, and prevented from traveling to Beijing to meet his lawyer.

According to the information received, since Mr. Zheng’s release, the local Zhabei District Guoqing Lu PSB office has called him twice relating to interviews he made with news media outside of Shanghai. His home’s telephone line has been repeatedly cut off, and his neighbourhood would constantly be surrounded by dozens of uniformed and plain-clothes police officers who bar entry to outsiders.

The Observatory calls on the Chinese authorities to immediately put en end to this harassment against Mr. Zheng Enchong. Mr. Zheng’s additional sentence of one year of deprivation of political rights does not extend to being denied freedom of movement.

Background information:

The Observatory recalls that Mr. Zheng Enchong, who was arrested on June 6, 2003, was sentenced by the Shanghai Second Intermediate People’s Court in October 2003 to three years in prison and deprivation of his political rights for one year, on charges of “illegally providing State secrets to entities outside of China”. In particular, he had been accused of having sent two documents to HRIC. The Shanghai Court of Appeal confirmed this verdict on December 18, 2003 (See Observatory 2004 and 2005 Annual Reports).

On January 13, 2004, Mr. Zheng had been transferred from the Shanghai municipal detention centre to the Tilanquio prison, where he was detained in the “high security” compound and was regularly victim of physical violence.

On October 28, 2005, the Zhabei District Court in Shanghai prohibited Mrs. Jiang Meili from leaving the country under the pretext of an “estate management dispute”, although she was to attend a ceremony in Germany on December 9, 2005 to receive a prize in the name of her husband from the German Association of Judges.

Subsequently, Mrs. Jiang was refused her usually monthly visit to Mr. Zheng in prison, and her every movement has been monitored. Finally, after many written requests, Mrs. Jiang’s prison visits were restored on April 21, 2006.

On May 16, 2006, the Shanghai home of Mr. Zheng Enchong was broken into by two unidentified men while Mrs. Jiang Meili was on her way to visit him in prison.

On June 5, 2006, officials at the Shanghai’s Tilanqiao Prison took Mr. Zheng Enchong from his cell. and brought him back home.

Actions required:

Please write to the Chinese authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Zheng Enchong;

ii. Put an end to any kind of harassment against Mr. Zheng Enchong and his family, and ensure that Mr. Zheng’s additional sentence of one year of deprivation of political rights does not extend to being denied freedom of movement;

iii. Give Mr. Zheng a new identification card immediately, and stop any further interference in his daily life;

iv. Release immediately and unconditionally all Chinese human rights defenders who are arbitrarily detained for the sole reason of their human rights activities, and put an end to any kind of retaliation against them;

v. 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 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

vi. 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

Permanent Mission of the People’s Republic of China, Chemin de Surville 11, Case postale 85, 1213 Petit-Lancy 2, Geneva, Switzerland, 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

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 diplomatic representations of the People’s Republic of China in your respective countries.

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Geneva-Paris, June 30, 2006