Case CHN 250708
Forced disappearance/ Fear for safety
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People's Republic of China.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source and Antenna International, member organisation of OMCT SOS-Torture Network, about the detention of Mr. Xie Changfa, a dissident from Changsha, Hunan Province, and the forced disappearance of Mr. Lu Honglai, a Tianjin-based dissident.
According to the information received, on 25 June 2008, the Yuhua branch office of the Changsha Public Security Bureau (PSB) detained Mr. Xie Changfa on ground of "suspicion of subverting state power". His brother, Mr. Xie Changzhen, and a teacher surnamed Wu were also detained. Mr. Xie Changzhen was reportedly released on 17 July 2008 to await trial as he was not charged with a serious offence, while Wu was reportedly released earlier. Mr. Xie Changfa may be detained at Changsha City Detention Center but this information could not be confirmed.
Furthermore, on 9 July 2008, Tianjin national security police reportedly detained Mr. Lu Honglai while he was out visiting friends. On 14 July 2008, Mr. Lu's wife, Mrs. Li Jiyan, went to the Tianjin Municipal State Security Bureau and was reportedly only told by authorities that Mr. Lu Tianjin was "under investigation by the relevant department". His current whereabouts are unknown. His wife reportedly asked but the authorities did not provide with any information.
In recent weeks, authorities have reportedly stepped up efforts to detain, arrest, and harass numerous rights activists[1] and dissidents in the name of Olympics "security".
The International Secretariat of OMCT is gravely concerned for the safety of Mr. Lu Honglai, whose whereabouts are currently unknown, and of Mr. Xie Changfa. OMCT fears that they may be subject to torture and ill-treatment. 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. 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.
Actions Requested
Please write to the authorities in the People's Republic of China urging them to:
i. Immediately locate the whereabouts of Mr. Lu Honglai;
ii. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Lu Honglai and Mr. Xie Changfa;
iii. Guarantee immediate and unconditional access to legal representation, their families and any medical treatment they may require;
iv. Order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
v. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
vi. 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
Please also write to the embassies of the People's Republic of China in your respective country.
Geneva, 25 July 2008
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[1] See 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), latest urgent appeals on www.omct.org.
