URGENT APPEAL - THE OBSERVATORY
New information
CHN 009 / 1107 / OBS 141.6
Arbitrary detention / Judicial proceedings
People's Republic of China
April 21, 2008
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in the People’s Republic of China (PRC).
New information:
The Observatory has been informed by reliable sources about the impossibility for Mr. Hu Jia, a Beijing-based HIV/AIDS activist, co-founder and former director of the Beijing Aizhixing Institute for Health Education[1], to appeal his sentence.
According to the information received, Mr. Hu, who, according to the law, had ten days from his sentencing to appeal this decision, was prevented to receive visits from his lawyers in this period of time, in order to discuss the details of a possible appeal. Subsequently, Mr. Hu’s legal team was not able to form any appeal.
The Observatory has been further informed that Mr. Hu Jia has not been able to see his relatives since April 3, 2008, and that his health condition has been seriously deteriorating.
The Observatory recalls that on April 3, 2008, Mr. Hu Jia was sentenced to three years and six months’ imprisonment and one year of political rights deprivation for “inciting subversion of state power” by the Beijing Municipal No. 1 Intermediate People’s Court. The court’s only ground for convicting Mr. Hu Jia consisted of his articles, press interviews, personal letters, testimony in European Parliament by Internet, and the open letter he signed: “The Real China Before the Olympics”, which demanded to end the pre-Olympics human rights abuses.
The Observatory expresses its deepest concern about Mr. Hu Jia’s sentencing, ongoing arbitrary detention, and the fact he was preventing from appealing his sentence. The Observatory further recalls that these events take place in the context of a violent wave of repression against Chinese human rights defenders.
The Observatory further expresses its deep concern for Mr. Hu’s health, who suffers from a liver disease and must take daily medication. In this regard, the Observatory condemns the refusal from the Beijing Public Security Bureau (PSB) to supply Mr. Hu with all the medication he needs and to deliver him the medication brought by his relatives to the detention centre. The Observatory also deplores the denial of the authorities to release Mr. Hu’s in spite of calls from his lawyers and of an application for release in this sense, invoking medical reasons.
Background information:
On December 27, 2007, about 20 policemen came to Mr. Hu Jia’s home, surrounded his wife and child as well as his wife’s grandmother, who was visiting, cut off the telephone line and internet connection, confiscated their mobile phones and then took Mr. Hu Jia away, on suspicion of “inciting subversion of state power”. Several policemen remained at their home, keeping Mr. Hu Jia’s wife from publicly denouncing his detention.
On January 28, 2008, Mr. Hu Jia was charged with “inciting subversion of state power” by the Beijing Municipal PSB. He is currently detained at the Beijing Municipal Detention Centre at Dougezhuang.
Since his arrest, the Beijing PSB has denied repeated requests by Mr. Hu’s lawyers to visit him, citing that the case was involving “state secrets”. In addition, more than 20 police officers are permanently stationed around the residence of Mr. Hu’s wife and daughter, who have been prevented from received visitors, and the phone line and internet connection have been cut off.
Mr. Hu Jia and his wife have been under residential surveillance by the Beijing PSB since May 18, 2007, without any legal basis. The surveillance began as the couple were about to set off on a tour of to promote their documentary film, “Prisoners of Freedom City”.
On March 18, 2008, Mr. Hu was tried before the Beijing Municipal N°1 Intermediate People’s Court. The trial lasted four hours, but Mr. Hu’s lawyers were only allowed twenty minutes to speak, before being interrupted by the judge. The lawyers subsequently tried to speak on four occasions in the framework of the hearing, but were constantly prevented from taking the floor, their arguments being considered by the judge as “irrelevant”. Several persons were prevented from attending the hearing, including most of Mr. Hu’s relatives as well as a number of foreign diplomats, and that some of Mr. Hu Jia’s friends and supporters were taken away from Beijing by the authorities in order to prevent them from talking to journalists.
Actions requested:
Please write to the authorities in the People’s Republic of China, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Hu Jia and his relatives;
ii. Release him immediately and unconditionally since his detention is arbitrary as it seems to merely aim at sanctioning his human rights activities;
iii. Guarantee unconditional access to his lawyers, families and any medical treatment he may require;
iv. Put an end to any acts of harassment against Mr. Hu, his family, his lawyers and, more generally, against all human rights defenders in the People’s Republic of China;
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”, its article 9, which states that “[...] everyone has the right, individually or in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights” and its Article 12.2, which provides 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:
- 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
- Ambassador Sha Zukang, Permanent Mission of the People’s Republic of China, Chemin de Surville 11, P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014, E-mail: mission.china@ties.itu.int;
Please also write to the diplomatic mission or embassy of the People’s Republic of China in your respective country.
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Paris - Geneva, April 21, 2008
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[1] A grassroots organisation that aims at educating the public about HIV/AIDS and at advocating for the rights of persons suffering from AIDS.
