China
09.01.03
Urgent Interventions

China: incommunicado detention of at least six dissidents who called for political reform

Case CHN 090103
Arbitrary arrest and incommunicado detention / Risk of torture / Freedom of expression

The International Secretariat of OMCT requests your URGENT intervention in the following situation in China.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the arrest and incommunicado detention of at least six dissidents who were signatories to an open letter in which they called for political reform in the People's Republic of China.

According to the information received, Chinese dissident Zhao Changqing, who was secretly detained two months ago, has now been officially arrested, and several other participants in an open letter to China’s 16th Party Congress have been secretly detained. Xi’an-based Zhao Changqing is believed to have been detained on November 4th, 2002, just before the issuing of an open letter to China’s 16th Party Congress signed by 192 opposition activists calling for political reform. His whereabouts were not disclosed until December 27th, when Xi’an Public Security officials delivered an official notice of arrest to his elder brother, Zhao Changhai. Zhao Changqing is charged with "incitement to subvert state power," for which he could be sentenced to up to 15 years in prison.

According to the information received, Zhao Chanqing was already suffering from tuberculosis at the time of his secret detention, and his condition has deteriorated to the point where Public Security officials found it necessary to transfer him to a prison infirmary. Zhao’s family members have hired legal counsel to defend him in his upcoming trial (the exact date of which is not yet known). Zhao Changqing, aged 35, was a history student at Shaanxi Normal University when he was arrested in June 1989 and detained in Beijing’s Qincheng Prison for more than half a year for taking part in the democracy demonstrations that year in Beijing. Following his release, Zhao gathered enough signatures to stand for election as a local representative to the National People’s Congress in 1997, but soon afterward was arrested for endangering state security and sentenced to three years in prison. Since his release in March 2001 Zhao has reportedly continued his political activism in spite of considerable hardship.

The open letter drafted by Zhao and signed by 192 dissidents made six political demands, including reassessment of the 1989 democracy movement; allowing political exiles to return to China; restoring Zhao Ziyang’s political rights and releasing him from house arrest; releasing all prisoners of conscience; pushing the National People’s Congress to ratify the International Covenant on Civil and Political Rights and bringing domestic law into conformity with international treaties; and expanding democratic elections from the villages and municipalities to national elections.

Following the publication of the open letter, the Chinese Government has reportedly initiated a crackdown against the signatories, many of whom are believed to have been secretly detained. The following dissidents are currently in custody: Ouyang Yi in Sichuan; Dai Xuezhong in Shanghai; and He Depu in Beijing. Chinese officials have declined to notify the dissidents’ families of the reasons for their arrests, the locations where they are being held, or any other circumstances of their detention, giving rise to fears that they may be being subjected to ill-treament or potentially torture.

Reports indicate that another signatory, Jiang Lijun, based in Tieling, Liaoning Province, was also secretly detained on November 6th, and that Public Security officials forced his wife to surrender the key to his office in order to allow them to search the premises. Tieling Public Security officials told Jiang’s wife that the provincial Public Security Bureau had arrested Jiang because of his participation in the open letter. Jiang was subsequently transferred to the custody of the Public Security Bureau in Beijing, where officials informed Jiang’s wife that he was being held in Beijing’s Qincheng Prison. However, up to the present officials have not issued a formal warrant or any other documentation regarding Jiang’s arrest.

Most recently, OMCT has been informed of the arrest on December 26th, 2002, of another of the letter's signatories, dissident Han Lifa. Han Lifa, born in 1968, is a long-time participant in China’s democratisation movement. Since beginning his political activism in 1989 Han has been sentenced to "reform through labour" three times, including two sentences of three years each. He was released in July 2001 after completing his last nine-month sentence. Han Lifa reportedly realized that he might be arrested following publication of the open letter, and for that reason had left Shanghai on business, only to be arrested while on his trip. According to reliable information, Han Lifa’s family only learned of his arrest recently when the Yangpu division of Shanghai’s Public Security Bureau directed his brother to bring some personal affects to him in detention. Up to the present, however, the PSB has not informed Han’s family of the reason for his arrest, nor has it provided them with any legal documentation. There is reason to believe other signatories have also been detained, but their fates remain unknown because their families wish to keep the matter under wraps, or because families and friends are themselves unaware of the arrests.

Ouyang Yi, Dai Xuezhong, Jiang Lijun and He Depu are also long-time activists for democratic reform and human rights, and like Zhao Changqing and Han Lifa have been subjected to repeated harassment and detention. Dai Xuezhong in particular was sentenced to "reform through labour" on several occasions since his participation in the Democracy Wall movement.

The International Secretariat of OMCT is gravely concerned for the personal integrity of Zhao Changqing, Ouyang Yi, Dai Xuezhong, Jiang Lijun, He Depu, Han Lifa and the other signatories that are being detained, notably given that many of them are being detained incommunicado and therefore are at a heightened risk of being subjected to ill-treatment or torture. OMCT calls on the Chinese authorities to guarantee their physical and psychological integrity and immediately release them in the absence of valid legal charges against them. OMCT also calls on the authorities to guarantee the internationally recognised right to the freedom of opinion and expression.

Action requested

Please write to the authorities in the People's Republic of China, urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Zhao Changqing, Ouyang Yi, Dai Xuezhong, Jiang Lijun, He Depu, Han Lifa and all other persons being detained in relation with the open letter, including the provision of adequate medical assistance as a matter of urgency;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these arrests in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. put an immediate end to the persecution and harassment of the above-mentioned persons;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

· President Jiang Zemin, People's Republic of China; C/o Embassy of the People's Republic of China; 2300 Connecticut Ave., NW, Washington, D.C., 20008: Fax: + 01 202 588-0032
· President Jiang Zemin, 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
· President Jiang Zemin, Chinese Communist Party, Yongdingmen CK Street, Beijing 100032, PRC
· Governor, Henan Provincial People's Government; Zhengzhoushi, Henansheng, PRC
· Governor, Hunan Provincial People's Government, Zhang Yunchuan Shengzhang, Hunansheng Renmin Zhengfu, 7 Wuyizhonglu, Changshashi 410011, Hunansheng, PRC
· Governor, Shaanxi Provincial People's Government, Chen Andong Shengzhang, Shaanxisheng Renmin Zhengfu, Xixin Jie, Xi'anshi 710004, Shaanxisheng, PRC
· Governor, Sichuan Provincial People's Government Chengdushi Sichuanshung, PRC
· Mayor, Shanghai Municipal People's Government SHanghaishi Renmin Zhengfu, 30 Fuzhoulu Shanghaishi 200002 PRC
· Mayor, Beijing Municipal People's Government Beijingshi Renmin Zhengfu 2, Zhengyilu Dongchengqu Beijingshi 100744, PRC.

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

Geneva, January 9, 2003

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