Arbitrary detention of activists_Allegations of torture and ill-treatment

The International Secretariatof 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

TheInternational Secretariat of OMCT has been informed by a reliablesource and Antenna International, a member organisation of OMCT SOS-TortureNetwork, about the arbitrary detention of Beijing-based housing rights activistand former lawyer, Ms. Ni Yulan (47years old), and her husband Mr. Dong Jiqin, as well as of Wuhan-based politicalactivist, Mr. Li Tie. OMCTis gravely concerned about their safety. OMCT has also been informed about the arbitrary detention and subsequentrelease of Mr. Wei Quiang,originally from Yan'an City, and Mr. Li Tie’s lawyer, Mr. Jin Guanghong, whowere both allegedly tortured and ill-treated in detention.

According to the informationreceived, on 6 April 2011, Ms. Ni Yulan and her husband, Mr. Dong Jiqin, were arrested by BeijingPolice and placed under criminal detention on suspicion of "creating adisturbance". Officials have reportedly provided no further details about theirdetention. However, Ms. Ni Yulan and Mr. Dong Jiqin had been facing harassment,including surveillance, by police officers for several months before their arrest.They are both currently being detained in the Xicheng Detention Centre in Beijing,Haidian District. It is reported that Ms. Ni Yulan was only allowed to meetwith her lawyer on 6 May2011, in presence of policemen who would not permitdiscussion on issues “unrelated to the case”.

OMCT is gravelyconcerned about their safety and physical and psychological integrity. OMCTrecalls that the Beijing policehave previously detained Ms. Ni Yulan on two occasions for an extended periodof time. On 27 September 2002, shewas arrested when petitioning the Beijing National People's Congress StandingCommittee about police beating that she had endured, on 27 April 2002, whenfilming the forced demolition of a Beijing home.The beating left her unable to walk without crutches. She was convicted of"obstructing official business" and sentenced to one year in prison. Furthermore,in 2008, Ms. Ni Yulan was accused of having beaten a member of the demolitioncrew who knocked down a wall of her home, on 15 April 2008. She was again convicted of"obstructing official business" and, during her period of detention,from 2008-2010, she was, among others, allegedly verbally insulted, beaten,held with people with infectious diseases, denied medical treatment, subjectedto forced labour and placed in solitary confinement[1].OMCT fears that she may be subjected to similar treatment.

OMCT is alsogravely concerned about Ms. Ni Yulan’s health condition. Her family wasreportedly not allowed to send medicines she was previously taking. As theresult of repeated torture over the past decade, Ms. Ni Yulan cannot walk andsuffers from several chronic medical issues, including breathing difficulties,heart problems and digestive troubles.

OMCT has also beeninformed about the arrest, in September 2010, and criminal detention, inNovember 2010, for “subversion of State Power” (article 105 of China’s CriminalLaw) of political activist, Mr. Li Tie.He is currently held in Wuhan City,Detention Centre number 2, in Wuhan City, HubeiProvince. However, no information is available on his conditions of detention. On10 March 2011, Mr.Lie Tie's brother was reportedly denied permission to meet him.

According to theinformation received, on 18April 2011, the first court hearing against Mr. LiTie was held before the IntermediateCourt in Wuhan, whichended without a verdict. Mr. Li Tie was reportedly represented in court by alawyer appointed by local public security officials after the lawyer hired byhis parents, Mr. Jin Guanghong, was allegedly detainedincommunicado and tortured shortly before the trial. Mr. Jin Guanghong was later released on 19 April 2011. According toArticle 105 of the Chinese Criminal Law, Mr. Li Tie risks up to ten years offixed-tern imprisonment. The prosecutors reportedly argued that evidence of his“crime” includes writing articles attacking the Government, joining a number ofreactionary discussion sites online, and giving reactionary speeches duringmeetings with friends. Mr. Lie Tie has reportedly written extensively in onlinearticles, including about democracy.

OMCT has also beeninformed about the arrest, on 26February 2011, and the subsequent release on bail, on 30 April 2011, ofMr. Wei Qiang, a young political activist.He was arrested in Beijing anddetained incommunicado in different detention centres in the capital until 21 March 2011, when hewas reportedly transferred to a detention centre in his hometown Yan'an City,in the Shaanxi Province. The police then issued a detention notice for“creating a disturbance” as well as a notice stating that Mr. Wei Qiang was tobe sent to two years of Re-education Through Labour (RTL). At the end of March 2011, Mr. Wei Qiang was reportedly returnedto Beijing anddetained in an unknown location for approximately 22 days. There, he wasallegedly placed in an isolated detention cell and chained to a chair most ofthe day. Mr. Wei Qiang was then once more detained in an unknown location inYan'an, where the head of police allegedly used his knee to knead on Mr. WeiQiang’s spine, injuring his waist. Finally, on 30 April 2011, he was releasedon bail and he is currently awaiting trial. Mr. Wei Qiang is believed tohave been arrested and detained because, on 20 February 2011, he used hisTwitter account to report on what had happened in front of the WangfujingMcDonald’s, one of the locations identified in the call for “JasmineRevolution” protests[2].

The International Secretariatof OMCT is gravely concerned about the safety of the aforementionedindividuals, and in particular of Ms. Ni Yulan, herhusband Mr. Dong Jiqin and Mr.Li Tie, who remain detained in unknown conditions and with limitedaccess to their lawyers and families. OMCT fears that they may be subject totorture and ill-treatment.

OMCT recalls that China is a State partyto the UN Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment which prohibits torture and cruel, inhuman or degradingtreatment. In line with their obligations under this treaty, it is incumbent on theChinese authorities to consider seriously any allegations of torture andill-treatment, and to undertake a thorough and impartial investigation in thisregard. OMCTurges the authorities to conform with China’s internationalhuman rights obligations, commitments that were reaffirmed on the occasion ofits election as a member of the new United Nations Human Rights Council.

Actions Requested

Pleasewrite to the authorities in the People’s Republic of Chinaurging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Ms. Ni Yulan, Mr. Dong Jiqin, Mr. Li Tie, Mr. Jin Guanghong and Mr. Wei Qiang;

ii. Guarantee Ms. Ni Yulan, Mr. Dong Jiqin and Mr. Lie Tie immediate andfull access to a lawyer of their choice, their family as well as guarantee that they are examined by independent doctors andreceive adequate medical care, in accordance, inter alia, with the recommendations of the UN Standard MinimumRules for the Treatment of Prisoners;

iii. Order Ms. Ni Yulan, Mr. DongJiqin and Mr. Li Tie's immediate release in the absence of valid legal chargesthat are consistent with international law and standards, or, if such chargesexist, bring them before an impartial, independent, competent and fair tribunal andguarantee their procedural rights at all times;

iv. Carry out a prompt, effective, thorough, independentand impartial investigation into the aforementioned facts, including theallegations of torture and ill-treatment, in accordance with internationalhuman rights standards, the result of which must be made public, in order tobring those responsible before a competent, independent and impartial tribunaland apply penal, civil and/or administrative sanctions as provided by law;

v. Ensure that adequate,effective and prompt reparation, including adequate compensation andrehabilitation, is granted to the victims concerned;

vi. Guarantee the respect of human rights and thefundamental freedoms throughout the country in accordance with national lawsand international human rights standards.

Addresses

· Mr. Wen Jiabao, Prime Minister of thePeople’s Republic of China, Guojia Zongli, The State Council General Office, 2Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

· Mr. WuAiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu,10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic ofChina, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Mr. YangJiechi, Minister of Foreign Affairs of the People’s Republic of China, BuzhangWaijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic ofChina, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;

· Mr. MengJianzhu, 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. Fu Zhenghua, Director of the BeijingPublic Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie,Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 1085222320, Email: wbjc2sohu.com

• Permanent Mission of the People’s Republic ofChina, Ch. DeSurville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int,Fax : +41 22 793 70 14

Please also write to theembassies of the People’s Republic of China in your respectivecountry.

Geneva, 3 June 2011.

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Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

[1] See OMCT urgent appeal CHN 310708 and CHN 310708.1

[2] The 2011 Chinese “JasmineRevolution” protestsrefer to weekly pro-democracy street actions in over a dozen cities in China starting on 20February 2011.An anonymous call for protest was initially published on line on 19February 2011,particularly on Twitter, suggesting specific places in 12 to 13 cities, wherepeople should gather. The place suggested for Beijing was the WangfujingMcDonald’s.