China: Ill-treatment, arbitrary detention and forced disappearence of petitioners.

Case CHN 120506

Ill-Treatment / Arbitrary Detention / Forced Disappearence

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 a reliable source* of the ill-treatment, arbitrary detention and forced disappearance of petitioners in Shanghai since 15 February 2006 following a meeting of more than a dozen petitioners with an American diplomat in the evening of 13 February 2006.

According to the information received, the Public Security Bureau (PSB) suspects Shanghai petitioner Mr. Chen Xiaoming of bringing the American consular official to the home of petitioner Ms. Fu Yuxia in the evening of 13 February 2006 where a number of other petitioners had gathered. In the evening of 15 February 2006, Mr. Chen Xiaoming was detained by some dozen police officers from Shanghai's Luwan District Public Security Bureau (PSB) and his house was searched twice. It is reported that Mr. Chen Xiaoming was originally held in a storage room of the PSB station, and that in the middle of the night on 6 March 2006 he was stripped naked and physically abused, his cries for help audible from outside. It is alleged that on 31 March 2006, Mr. Chen Xiaoming was designated a key suspect after which his whereabouts remain unknown.

Moreover, according to the information received, Ms. Fu Yuxia, in whose house the meeting took place, was detained on 15 February 2006. Although she was released on 5 April 2006, she is still kept under house arrest. Furthermore, it is reported that on 15 February 2006 long-time petitioner Ms. Ma Yalian, who was not present in Fu's home during the diplomat's visit, was detained while being at the home of a friend, and was held in the Fengqi Hotel in Pudong New District under the watch of a dozen police officers until her release on 6 May 2006. At the time of Ms. Ma Yalian's release, a police officer from the Huangpu PSB branch reportedly told her: "Your residential surveillance has been completed, but you must not talk to the media about your detention, and you remain released on bail for one year". Lastly, petitioner Mr. Han Zhongming and his wife, who were attending the meeting in Ms. Fu Yuxia's home during the diplomat's visit, were reportedly subjected to surveillance and monitoring, resulting in the detention of Mr. Han Zhongming on 16 February 2006, while he was also at a friend’s place. Mr. Han Zhongming's wife reported his disappearance to the police, but no action was taken. It is reported that when she made further enquiries at the beginning of April 2006 the police told her that Mr. Han Zhongming was being held under residential surveillance, but no warrant or other information regarding the charges under which Mr. Han Zhongming is being held has been provided.

The International Secretariat of OMCT did not receive further information concerning the other petitioners.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the petitioners, especially of Mr. Chen Xiaoming, Mr. Han Zhongming, Ms. Fu Yuxia, and Ms. Ma Yalian. OMCT calls on the Chinese Government to immediately launch an impartial investigation into the allegations of ill-treatment, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, as well as to provide adequate reparation to the victims of these abuses.* Human Rights In China (HRIC); not a member of the SOS-Torture network.

Action requested

Please write to the authorities in the People's Republic of China urging them to:
i. Locate the whereabouts of Chen Xiaoming and Mr. Han Zhongming and ensure that Mr. Chen Xiaoming is provided with medical assistance;
ii. Guarantee, in all circumstances, the physical and psychological integrity of the petitioners;
iii. Order the immediate release of Mr. Chen Xiaoming and Mr. Han Zhongming and bring an end to the residential surveillance imposed on Ms. Fu Yuxia and Ms. Ma Yalian, in the absence of valid charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their 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 that adequate compensation is awarded to Mr. Chen Xiaoming, Mr. Han Zhongming, Ms. Fu Yuxia and Ms. Ma Yalian, and to all other victims;
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

• 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
  
• The Embassy of the People's Republic of China in Brussels, Mr. Guan Chenjyyuan, Av. De Terveuren, 463, 1160 Audergheim, Tel: +32 (0) 2 663 30 10 / 663 30 17 / 711 14 97; Fax: + 32 (0) 2 762 99 66 /779 28 95 ; E-mail : chinaemb.be@mfa.gov.cn

Please also write to the embassies of the People's Republic of China in your respective country.

***
Geneva, 12 May 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.