China: Sentencing of Mrs. Wang Qiaojuan

Case CHN 300605.1
Follow-up to case CHN 300605

Sentencing

Geneva, 23rd September 2005

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

New Information

The International Secretariat of OMCT has been informed by a reliable source that Mrs. Wang Qiaojuan, a petitioner from Shanghai who was arrested on 24th June 2005 during clashes with police in Beijing, has been sentenced to one year of Reeducation Through Labour (RTL) on the charge of ‘obstructing the execution of public duty’. The Shanghai RTL Administrative Committee notified Wang’s family of the decision to sentence Wang to one year of RTL on 17th August 2005. Wang is reportedly planning to appeal the RTL decision, but has not yet found a lawyer, and is currently being held in Shanghai Railway PSB Station pending her appeal.

Furthermore, Wang Mingqing and Yang Weiming, also mentioned in CHN 300605, were reportedly released.

The RTL Administrative Committee decision states that Wang was convicted on the basis of the following charge: “On the evening of June 24, 2005, Wang Qiaojuan and others were in the waiting room of the Shanghai west train station when they attempted to board a train without holding tickets. When a train station employee tried to prevent them from boarding the train, Wang and the others paid no attention. Police officers on duty at the station heard of the incident and tried to prevent Wang and the others from boarding the train, but they paid the police officers no heed, and forced their way into the train by climbing through the windows. In the process of climbing through the window, Wang Qiaojuan bumped her head on the window frame, after which she cried, ‘The police are beating me!’ and began grabbing at the private parts of one of the policemen, causing him injury. She was subsequently detained.” The decision states, “The aforementioned facts were attested to by police officers and other eyewitnesses, and supported by an injury treatment certificate and other evidence. The facts are clear and the evidence is conclusive. Wang Qiaojuan did not testify.”

However, reportedly more than a dozen petitioners who witnessed the incident have signed a statement describing a completely different course of events. According to the eye-witness account provided by the petitioners (appended in full to this press release), two police officers grabbed Wang and slammed her head against the window frame, causing her to bleed heavily and lose consciousness. The witnesses say Wang herself did not assault anyone.

Furthermore, according to the information received, sources also point out that the RTL decision refers to a previous instance in 2003 when Wang was detained for 10 days on the grounds of disturbing the peace in a public place, but that conviction was subsequently withdrawn due to police falsification of evidence, and should not have been referred to in the present decision.

Brief reminder of the situation

According to the information received, more than 30 petitioners including Wang Qiaojuan, Wang Minqing and Yang Weiming were attacked by several police officers at Shanghai’s West Train Station when they were preparing to board a train to Beijing to express their dissatisfaction with the new process, as outlined in the new petition regulations that came into effect 1st May 2005. The new regulations were suppose to reduce the number of petitioners going to the central authorities by improving the effectiveness of the local officials to petitioners. For a period, there was a reduction in the number of petitioners going to the central authorities, however, over the past two months many petitioners have felt that local officials are not committed to dealing with their complaints so they have returned to filing complaints with the central authorities. It is reported that the number of petitioners currently going to the central authorities exceeds the numbers prior to the enactment of the new regulations.

According to the information received, Wang Qiaojuan was severely beaten to the point that she collapsed and her face was covered with blood. Fellow petitioners recorded the badge number of the PSB officer who assaulted her as well as the badge numbers of other officers involved in the incident. When petitioners attempted to get Wang Qiaojuan to the hospital, PSB officers prevented her from being admitted. On the afternoon of July 7, public security police detained Wang at her home and two days later informed her family that she had been formally detained on a charge of “disturbing the peace in a public place.” Five other petitioners were detained on similar grounds in the following days, but all were subsequently released.

Wang Qiaojuan was originally a relatively prosperous operator of two small storefront businesses run from her home. But due to a redevelopment of the neighbourhood, Wang’s family was forcibly removed from their home in November 2001, and the premises were levelled. For nearly four years now, Wang has been pursuing justice in the matter, travelling to Beijing more than 30 times to petition the central authorities, and delivering innumerable petitions to local authorities as well. In the course of her petitioning, Wang has been detained and beaten on many occasions, and has initiated civil actions against the police.

>Remarks:

The International Secretariat of OMCT is also gravely concerned by recently reported events concerning the round-up of about 100 long-term petitioners since September 14th. According to the information received, most of the detainees remain in custody, although their families have not been presented with any warrants for their detention, and many have been threatened with forcible psychiatric treatment.

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 Mrs. Wang Qiaojuan;
i. Revoke the decision sentencing her to one year of Reeducation Through Labour (RTL);
ii. Order a thorough and impartial investigation into the circumstances of 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;
iii. 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 to the United Nations in Geneva, Chemin de Surville 11, PO Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +4122 793 70 14, 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

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

Geneva, 23rd September 2005

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