Case CHN 201108
Arbitrary detention/ 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, a member organisation of OMCT SOS-Torture Network, about the detention of Mr. Guo Quan, a political activist and an Associate Professor at Nanjing Normal University, on 13 November 2008.
According to the information received, on 13 November 2008, Mr. Guo Quan was reportedly taken into custody by police from Nanjing City Public Security Bureau (PSB). The police reportedly searched Mr. Guo’s home and confiscated a number of articles. The police then told Mr. Guo’s wife that her husband had been criminally detained for “inciting subversion of state power”.
According to the same information, the reasons of Mr. Guo’s detention are currently unclear. But Mr. Guo recently organised China Xinmin Party, a new party he established in December 2007, and he has published online articles that criticize the Nanjing government, particularly for its construction of paraxylene plant in the city. He has already been subjected to “detention for violation of public order”, a form of administrative punishment, by the Nanjing police, between 17 and 28 May 2008, for reportedly having discussed with other members of China Xinmin Party its response to the 12 May 2008 Sichuan earthquake. Due to his activism, Mr. Guo has reportedly been barred from teaching.
The International Secretariat of OMCT expresses its concern with regard to the detention of Mr. Guo Quan, which, according to the information received, seemed to be based solely for exercising his rights to freedom of expression, association and assembly. OMCT further fears for his safety. 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. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Guo Quan;
ii. Guarantee immediate and unconditional access to legal representation, his family and any medical treatment he may require;
iii. Order his immediate release in the absence of valid legal charges, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
iv. 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;
v. 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, 20 November 2008
