China
29.08.03
Urgent Interventions
China : beginning of Mr. Zheng Enchong's trial
CHN 001 / 0803 / OBS 041.2
Arbitrary detention / Judicial proceedings
China
August 29th 2003
The Observatory for the Protection of Human Rights Defenders, a joint
program of FIDH and OMCT, requests your URGENT intervention in the
following situation in China.
New information :
The Observatory has been informed by the non-governmental
organization Human Rights in China (HRIC), that Mr. Zheng Enchong, a
Shanghai lawyer involved in the defence of economic and social rights
of displaced persons, was tried behind closed doors on August 28th,
on charges of "illegally providing state secrets to entities outside
of China".
According to the information received, more than 300 people to whom
Mr. Enchong had been providing legal advice gathered to protest
outside of the court. The court called in some 200 police officers to
control the crowd, and more than 100 protesters were arrested and
taken away in police vehicles. Their circumstances remained unknown
at this time.
According to the same sources, Mr. Enchong's trial began at 1:30 p.m.
at the Shanghai Second Intermediate People's Court in Zhongshan North
Road. Mr. Enchong's wife, Jiang Meili, and other observers were
barred from the court on the grounds that the case involved state
secrets. However, it is reported that the proceedings were monitored
by representatives of the Shanghai municipal government. Represented
in court by his lawyers, Mr. Enchong pleaded not guilty in the trial,
which lasted for more than five hours and reportedly involved
vigorous legal arguments. The court announced that a verdict would be
rendered in 10 days.
The Observatory is gravely concerned about these massive arrests and
the lack of public access to the proceedings against Mr. Zheng
Enchong. The Observatory recalls that charges for illegally obtaining
state secret can result in heavy prison sentences and consider the
charges against him as arbitrary since the judicial proceeding
clearly aims at preventing him from continuing to defend economic and
social rights and fight against State corruption.
Background information :
The Observatory was informed that Mr. Zheng Enchong was arrested on
June 6 after assisting displaced families in more than 500 cases
relating to Shanghai's urban redevelopment projects. He is currently
detained at the Shanghai Public Security Bureau Detention Center. His
first family visit was allowed on 20th August only. His house was
searched at least twice; during the searches, Public Security police
warned his wife, Mrs Jiang Meili, not to speak to the foreign media
or other parties outside of China.
According to the information received, Mr. Zheng's license was
revoked in 2001 in relation to cases he was handling for people
displaced by urban redevelopment. In spite of Mr. Zheng's deprivation
to practice law and increasing official persecution, he has continued
to provide legal advice to people, even though he could not represent
them in court.
Most recently Mr. Zheng was advising families involved in a lawsuit
alleging corrupt collusion between officials and a wealthy property
developer, Mr. Zhou Zhengyi.
According to the information received, the lawyer of Mr. Zheng
Enchong's met him for the first time for an hour and a half on August
22. Mr. Enchong is reported to have told his lawyer that he was
arrested because he offended powerful local interests through his
involvement in a lawsuit alleging official collusion with a wealthy
property developer, Mr. Zhou Zhengyi, and in reason of his long-term
legal assistance to families displaced in urban redevelopment
schemes.
The Observatory recalls that these acts of reprisal are a flagrant
violation of the UN Declaration on Human Rights Defenders, which
states in its article 9.3.c that "In the exercise of human rights and
fundamental freedoms, […], everyone has the right, individually and
in association with others, to offer and provide professionally
qualified assistance in defending human rights and fundamental
freedoms". They also contravene the United Nations Basic principles
of the Role of Lawyers which state that "Governments shall ensure
that lawyers (a) are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper
interference" (article 16).
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee in all circumstances Mr. Zheng Enchong's physical and
psychological integrity;
ii. Drop the charges against him as they are arbitrary, and release
him immediately;
iii. Ensure that Mr. Enchong be immediately given back his license;
iv. Put an end to any form of harassment against lawyers and human
rights defenders in China;
v. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in
particular article 1, which states that "everyone has the right,
individually or in association with others, to promote the protection
and realization of human rights and
fundamental freedoms at the national and international levels" and
9.3.c above mentioned;
vi. Conform with the UN Basic Principles on the Role of Lawyers;
vii. Conform to the provisions of the Universal Declaration on Human
Rights and international human rights standards;
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
President Hu Jintao, People's Republic of China; c/o Permanent
Mission of the People's Republic of China, Chemin de Surville 11,
Case postale 85, 1213 Petit-Lancy 2,
Geneva, Switzerland, Fax: +4122 7937014, E-mail:
mission.china@ties.itu.int
Ministry of Justice of the People's Republic of China, 10 Chaoyangmen
Nandajie, Chaoyangqu, Beijingshi 100020, People's Republic of China,
Fax: +86 10 65 292345
Paris - Geneva, 29th August 2003
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete
support in their time of need.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
Arbitrary detention / Judicial proceedings
China
August 29th 2003
The Observatory for the Protection of Human Rights Defenders, a joint
program of FIDH and OMCT, requests your URGENT intervention in the
following situation in China.
New information :
The Observatory has been informed by the non-governmental
organization Human Rights in China (HRIC), that Mr. Zheng Enchong, a
Shanghai lawyer involved in the defence of economic and social rights
of displaced persons, was tried behind closed doors on August 28th,
on charges of "illegally providing state secrets to entities outside
of China".
According to the information received, more than 300 people to whom
Mr. Enchong had been providing legal advice gathered to protest
outside of the court. The court called in some 200 police officers to
control the crowd, and more than 100 protesters were arrested and
taken away in police vehicles. Their circumstances remained unknown
at this time.
According to the same sources, Mr. Enchong's trial began at 1:30 p.m.
at the Shanghai Second Intermediate People's Court in Zhongshan North
Road. Mr. Enchong's wife, Jiang Meili, and other observers were
barred from the court on the grounds that the case involved state
secrets. However, it is reported that the proceedings were monitored
by representatives of the Shanghai municipal government. Represented
in court by his lawyers, Mr. Enchong pleaded not guilty in the trial,
which lasted for more than five hours and reportedly involved
vigorous legal arguments. The court announced that a verdict would be
rendered in 10 days.
The Observatory is gravely concerned about these massive arrests and
the lack of public access to the proceedings against Mr. Zheng
Enchong. The Observatory recalls that charges for illegally obtaining
state secret can result in heavy prison sentences and consider the
charges against him as arbitrary since the judicial proceeding
clearly aims at preventing him from continuing to defend economic and
social rights and fight against State corruption.
Background information :
The Observatory was informed that Mr. Zheng Enchong was arrested on
June 6 after assisting displaced families in more than 500 cases
relating to Shanghai's urban redevelopment projects. He is currently
detained at the Shanghai Public Security Bureau Detention Center. His
first family visit was allowed on 20th August only. His house was
searched at least twice; during the searches, Public Security police
warned his wife, Mrs Jiang Meili, not to speak to the foreign media
or other parties outside of China.
According to the information received, Mr. Zheng's license was
revoked in 2001 in relation to cases he was handling for people
displaced by urban redevelopment. In spite of Mr. Zheng's deprivation
to practice law and increasing official persecution, he has continued
to provide legal advice to people, even though he could not represent
them in court.
Most recently Mr. Zheng was advising families involved in a lawsuit
alleging corrupt collusion between officials and a wealthy property
developer, Mr. Zhou Zhengyi.
According to the information received, the lawyer of Mr. Zheng
Enchong's met him for the first time for an hour and a half on August
22. Mr. Enchong is reported to have told his lawyer that he was
arrested because he offended powerful local interests through his
involvement in a lawsuit alleging official collusion with a wealthy
property developer, Mr. Zhou Zhengyi, and in reason of his long-term
legal assistance to families displaced in urban redevelopment
schemes.
The Observatory recalls that these acts of reprisal are a flagrant
violation of the UN Declaration on Human Rights Defenders, which
states in its article 9.3.c that "In the exercise of human rights and
fundamental freedoms, […], everyone has the right, individually and
in association with others, to offer and provide professionally
qualified assistance in defending human rights and fundamental
freedoms". They also contravene the United Nations Basic principles
of the Role of Lawyers which state that "Governments shall ensure
that lawyers (a) are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper
interference" (article 16).
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee in all circumstances Mr. Zheng Enchong's physical and
psychological integrity;
ii. Drop the charges against him as they are arbitrary, and release
him immediately;
iii. Ensure that Mr. Enchong be immediately given back his license;
iv. Put an end to any form of harassment against lawyers and human
rights defenders in China;
v. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in
particular article 1, which states that "everyone has the right,
individually or in association with others, to promote the protection
and realization of human rights and
fundamental freedoms at the national and international levels" and
9.3.c above mentioned;
vi. Conform with the UN Basic Principles on the Role of Lawyers;
vii. Conform to the provisions of the Universal Declaration on Human
Rights and international human rights standards;
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
President Hu Jintao, People's Republic of China; c/o Permanent
Mission of the People's Republic of China, Chemin de Surville 11,
Case postale 85, 1213 Petit-Lancy 2,
Geneva, Switzerland, Fax: +4122 7937014, E-mail:
mission.china@ties.itu.int
Ministry of Justice of the People's Republic of China, 10 Chaoyangmen
Nandajie, Chaoyangqu, Beijingshi 100020, People's Republic of China,
Fax: +86 10 65 292345
Paris - Geneva, 29th August 2003
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete
support in their time of need.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch