China
15.04.04
Urgent Interventions

China: hunger striker Zhang Ming in critical condition

Case CHN 150404
Hunger Strike / Risk to personal integrity

The International Secretariat of OMCT requests your URGENT intervention in the following situation in People's Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by Human Rights in China of the critical health condition of Tiananmen veteran Zhang Ming, who is currently engaged in a hunger strike to protest against his continuing detention in poor conditions in Shanghai prison, in the People's Republic of China.

According to the information received, Zhang reportedly began this, his most recent hunger strike, on November 18th, 2003, and has been reduced to a skeletal condition after dropping around 50 pounds (nearly 23 kgs) in weight. Zhang Ming is a native of Jilin and was born in 1965. He later enrolled in Tsinghua University in 1984 to study automotive engineering, where he became involved in the student protests in the spring of 1989, and eventually took on a leadership role among the protesters at Tiananmen Square. Following the violent suppression of the protests on June 4, Zhang Ming organized and led a series of follow-up protest actions that put him on the Chinese government’s “Most Wanted” list.

Zhang Ming was one of 21 student leaders of the 1989 pro-democracy protests. He was eventually imprisoned for three years on charges of “counterrevolutionary incitement,” and, with fellow activist Liu Gang, suffered horrific abuse and torture in the notorious Lingyuan Prison in Liaoning Province. Zhang was arrested again on September 9, 2002 on charges of “endangering public safety” through an alleged plot to explode a multistory building. At the time of his arrest, Zhang Ming was president of a Shanghai company that he had built into a flourishing concern. Given Zhang’s obvious dedication to his company, the authorities apparently realized that the accusation of violent activity could not be supported. On October 16, 2002 he was formally charged with “abuse of executive benefits,” for which the Shanghai Intermediate People’s Court sentenced him to seven years in prison on September 9, 2003.

Zhang Ming and his family members have accused the government of political persecution as a result this latest conviction. Family members have called on the authorities and the Supreme Court to grant Zhang Ming an appeal trial in which all prosecution evidence is made available to the defence, and all available witnesses are allowed to testify on Zhang Ming’s behalf. The available information strongly suggests that Zhang Ming has been denied a fair trial on purely political grounds.

According to sources, the real reason for Zhang Ming’s arrest was his refusal to recant his political principles or express regret for his previous actions, as well as the ill feeling and envy that his financial success aroused among Chinese officials. Apart from imprisoning Zhang, the official investigation into his company resulted in heavy financial losses. Zhang Ming has consistently denied guilt, and one of the chief prosecution witnesses reportedly admitted to Zhang Ming’s lawyers that the statement he provided against Zhang was false. However, after being warned by the judge that admission of a false statement could land him in prison for three to five years, that witness declined to testify in court on Zhang Ming’s behalf. The judge also accused Zhang Ming’s lawyer of encouraging the witness to retract his statement, a charge that could result in imprisonment of the lawyer.

Zhang’s lawyers were also denied access to a large quantity of the prosecution’s evidence on the direction of the top levels of the Shanghai government. Sources say that Zhang Ming has been subjected to constant physical abuse since his detention, including harsh beatings by police officers. When he went on hunger strike to protest his lack of an open trial, Zhang was bound to his bed for 113 hours, and was given no opportunity to wash himself or use toilet facilities, causing him considerable humiliation and physical discomfort.

The International Secretariat of OMCT is gravely concerned for Zhang Ming's physical and psychological integrity, given his severely deteriorated health condition resulting from a prolonged hunger strike. OMCT calls on the Chinese authorities to immediately grant Zhang Ming a re-trial, which conforms with international standards for fair trial. Furthermore, OMCT calls on the authorities to provide Zhang Ming with all necessary medical assistance to enable him to recover from his hunger strike. Finally, OMCT calls on the Chinese Government to immediately launch an impartial investigation into the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, and to provide adequate reparation to the victim of these abuses.

Action requested

Please write to the authorities in China, People's Republic of urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Zhang Ming;
ii. order a thorough and impartial investigation into the circumstances of Zhang Ming's arrest, detention, and the allegations of ill treatment and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to Zhang Ming;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws 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, Genève, Suisse, Fax: +4122 7937014, E-mail: mission.china@ties.itu.int
· Minister of Justice of the People's Republic of China, Zhang Fusen Buzhang, Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People's Republic of China, Fax: +86 10 65 292345
· Minister of Foreign Affairs of the People's Republic of China, Li Zhaoxing Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People's Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn
· Ambassadeur, Sha Zukang, Mission permanente de la Rép. Pop. De Chine, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +4122 793.70.14

Please also write to the embassies of China, People's Republic of in your respective country.
Geneva, April 15th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.