Il-treatment of petitionner_Lack of an effective investigation

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the People’s Republic of China.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the arbitrary detention and ill-treatment suffered by Ms. Cao Yibao, a 57-year-old petitioner from Shanghai.

According to the information received, on 26 December 2008, Ms. Cao Yibao was picked off from the street by police in Beijing and first sent to Ma Jia Lou, a centralised “black jail” where petitioners intercepted by Beijing police are sent, and then transferred to another black jail managed by the Shanghai Municipal Government in Beijing. Ms. Cao Yibao was later on that evening brought to the Beijing Liaison Office of Baoding City, Hebei Province, where she was reportedly strip-searched, and had her ID, cell phone, and money taken.

According to the same information, when Ms. Cao Yibao, angered by this treatment, verbally lashed out at the interceptors, she was violently beaten, seriously injuring her face and head, as well as fracturing her eye sockets, on the orders of Shanghai Municipal government officials. Later, Ms. Cao Yibao, along with other detained, was held in a reportedly freezing room with insufficient food.

On 27 December 2008, Ms. Cao Yibao was reportedly forcibly returned to Shanghai by train. There, she visited various government offices, which rejected her request to have her injuries examined and lodge complaints against the alleged officials.

According to the information received, Ms. Cao Yibao paid for a medical examination at Shanghai No. 9 People’s Hospital. She was diagnosed with multiple fractures to bones in her face, and she was recommended an emergency surgery to avoid risks of infection.

The International Secretariat of OMCT is gravely concerned about these events, in particular the allegations of ill-treatment and the lack of an effective investigation thereon. OMCT recalls that China is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment. In line with their obligations under this treaty, it is incumbent on the Chinese authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a thorough and impartial investigation in this regard.

Actions Requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Cao Yibao;
2. Order a prompt, thorough and impartial investigation into these events, in particular the allegations of ill-treatment, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victim;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)
• Mr. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn
• Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;
• Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216
• Mr. Ma Zhenchuan, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com
• Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14

Embassy of the People’s Republic of China in Brussels, Avenue de Tervuren, 463 1160 Auderghem, Belgium, Tel: + 32 2 663 30 10 / + 32 2 663 30 17 / +32 2 771 14 97 / +32 2 779 43 33; Fax: +32 2 762 99 66 / +32 2 779 28 95; Email: chinaemb_be@mfa.gov.cn

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

Geneva, 9 January 2009

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