China
22.08.03
Urgent Interventions
China : secret trial of Mr. Zheng Enchong
URGENT APPEAL - THE OBSERVATORY
CHN 001 / 0803 / OBS 041
Arbitrary detention / Judicial proceedings
China
August 22nd 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.
Brief description of the situation :
The Observatory has been informed by the non-governmental
organization Human Rights in China (HRIC), that a formal public
prosecution was opened against Mr. Zheng Enchong, a Shanghai lawyer
involved in the defence of economic and social rights of displaced
persons, on charges of illegally obtaining state secrets.
According to the information received, 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 Zheng's license was
revoked in 2001 in relation to cases he was handling for people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. Although the authorities have not
provided details regarding the reasons for Zheng's arrest, Mr.
Zheng's June 3 arrest may be directly related to the Zhou Zhengyi
case.
Mr. Enchong's case has raised considerable attention and concern
overseas and also within China's legal community. The Observatory is
gravely concerned about the detention and the lawsuit against Mr.
Zheng Enchong, recalling that charges for illegally obtaining state
secret can result in heavy prison sentences. The Observatory
considers that Mr. Enzhong's detention is arbitrary since it clearly
aims at preventing him from continuing to defend economic and social
rights and fight against State corruption.
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 his physical
and psychological integrity;
ii. Drop the charges against Mr. Enchong since 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 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
Paris - Geneva, 22 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
CHN 001 / 0803 / OBS 041
Arbitrary detention / Judicial proceedings
China
August 22nd 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.
Brief description of the situation :
The Observatory has been informed by the non-governmental
organization Human Rights in China (HRIC), that a formal public
prosecution was opened against Mr. Zheng Enchong, a Shanghai lawyer
involved in the defence of economic and social rights of displaced
persons, on charges of illegally obtaining state secrets.
According to the information received, 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. Although the authorities have not
provided details regarding the reasons for Zheng's arrest, Mr.
Zheng's June 3 arrest may be directly related to the Zhou Zhengyi
case.
Mr. Enchong's case has raised considerable attention and concern
overseas and also within China's legal community. The Observatory is
gravely concerned about the detention and the lawsuit against Mr.
Zheng Enchong, recalling that charges for illegally obtaining state
secret can result in heavy prison sentences. The Observatory
considers that Mr. Enzhong's detention is arbitrary since it clearly
aims at preventing him from continuing to defend economic and social
rights and fight against State corruption.
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 his physical
and psychological integrity;
ii. Drop the charges against Mr. Enchong since 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 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
Paris - Geneva, 22 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