CHN002 / 1012 / OBS 097

Arbitrarydetention /

Ongoingharassment

People’sRepublic of China

October29, 2012

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the World Organisation Against Torture (OMCT) and theInternational Federation for Human Rights (FIDH), requests your urgentintervention on the following situation in the People’s Republic of China.

New information:

The Observatory has been informed by Chinese Human Rights Defenders(CHRD) of the ongoing arbitrary detention since September 30 of Ms. Mao Hengfeng, a Shanghaiactivist who has been active in defending the right to housing and opposingforced evictions as well as in promoting women’s reproductive rights.

According to theinformation received, as of issuing this Urgent Appeal, Ms. Mao Hengfengremained detained at Yangpu District Police DetentionCentre in Shanghai, on suspicion of “gathering a crowd to disrupt public order”under Article 291 of the Chinese Criminal Code. Moreover, her family membershave not yet been allowed to visit her and while some of them are currently making arrangements tofind a lawyer, it is feared that the latter will not be allowed to visit herneither.

Reportedly,Ms. Mao Hengfeng was taken away in Beijing by two men in plain clothes believedto be Shanghai police officers on September 30. She was subsequently taken fromBeijing to Shanghai. The Notification of Criminal Detention received by herhusband did not mention when Ms. Mao was arrested in Beijing nor when she wasbrought back to Shanghai.

The Observatory expresses its deep concernabout Ms. Mao Hengfeng’s detention, which is believedto be aimed at preventing her from carrying out campaigning work during the18th National Congress of the Communist Party scheduled to convene on November8, and fears for herphysical and psychological integrity. Accordingly, the Observatory calls upon the Chineseauthorities to takeprompt action in order to immediately and unconditionally release Ms. MaoHengfeng, and to put an end to the harassment against her, which seem to merely aim at sanctioning herhuman rights activities.

Background information:

The Observatory recalls that Ms. Mao Hengfenghas been detained several times and subjected to ill-treatment in the pastyears due to her human rights activities.

On February 23, 2010, Ms.Mao Hengfeng was arrested at her hotel in Beijing byBeijing and Shanghai police officers and placed under administrative detentionfor ten days for “disturbing social order”. She was arrested and detainedbecause of the slogans she shoutedoutside the Beijing Municipal No. 1 Intermediate People’s Court on December 25,2009 to denounce the arbitrary sentencing of Mr. Liu Xiaobo, a prominent human rightsactivist and scholar, co-author of the “Charter 08”, a petition calling forpolitical reforms and the protection of human rights in the People's Republicof China.

On March 4, 2010, Ms. Mao was ordered by the ShanghaiMunicipal Committee for the Management of Re-educationThrough Labour (RTL) to serveone and a half year of RTL. While detained atthe Anhui RTL facility, Ms. Mao was subjected to ill-treatments, includingbeatings by the RTL guards and by the persons in charge of the facility.

On February 22, 2011, Ms. Mao Hengfeng was granted medical parolebecause of her very high blood pressure.

Yet, on the morning of February 23, 2011, more than ten police officersblocked the entrance of her home and did not allow her to leave. The policeofficers stayed in front of the house until February 24, 2011, when the Head ofthe Anhui RTL facility, along with a dozen Shanghai and Anhui police officers,entered Ms. Mao’s home and took her away and announced that her medical parolehad been rescinded[1]. It is not until June 9, 2011 that Ms. Mao’s husband received official noticeregarding Ms. Mao’s whereabouts, when he wasinformed that she had been kept in the Shanghai prison general hospital from February 24 for treatmentof her high blood pressure.

On July 28, 2011, Ms. Maowas released from RTL, one month before the completion of her 18-month RTLorder. The decision to release her early was based on the prison hospital’ssuggestion that she get hospital treatment outside of prison.

Actions requested:

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

i. Guarantee in all circumstances the physicaland psychological integrity of Ms. Mao Hengfeng;

ii. Release Ms. Mao Hengfeng immediately andunconditionally since her detention is arbitrary as it seems to only aim atsanctioning her human rights activities;

iii. In the meantime, guarantee unconditional access to her lawyerand family;

iv. Put an end to all forms of harassment,including at the judicial level, against Ms. Mao Hengfeng as well as againstall human rights defenders in China;

v. Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, especially its Article 1, which states that “everyone has the right,individually and in association with others, to promote and to strive for theprotection and realisation of human rights and fundamental freedoms at thenational and international levels”, and Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

vi. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by the People’s Republic of China.

Addresses:

· Mr. Wen Jiabao, PrimeMinister of the People’s Republic of China, Guojia Zongli, The State CouncilGeneral Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic ofChina, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

· Ms. Wu Aiying, Ministerof Justice of the People’s Republic of China, Buzhang Sifabu, 10 ChaoyangmenNandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +8610 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

· Mr. Dai Bingguo,Minister of Foreign Affairs of the People’s Republic of China, BuzhangWaijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic ofChina, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn

· Chief of the Public Security Bureau,Yangpu Branch, Shanghai Municipal, Cai Tian Juzhang, No. 2049 Pingliang Road,Yangpuqu, Shanghai, 200090, People’s Republic of China. Fax: +86 22 170130.Email: Shyp@shyp.gov.cn

· Chief of the Public Security Bureau,Shanghai Municipal, Zhang Xuebing Juzhang, No.128 Wuning South Road, Jing’an,Shanghai, 200042, People’s Republic of China. Fax: +86 24 062676. Email: gaj02@shanghai.gov.cn

· Ambassador He Yafei,Permanent Mission of the People’s Republic of China, Chemin de Surville 11,P.O. Box 85, 1213 Petit-Lancy 2, Geneva, Switzerland, Fax: +41 22 7937014,E-mail: mission.china@ties.itu.int

· Embassy of the People’s Republic of China in Brussels, Avenue deTervuren, 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 diplomatic mission or embassy of the People’sRepublic of China in your respective country.

***

Geneva-Paris, October 29, 2012

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

The Observatory, a OMCT and FIDH venture, is dedicated to the protectionof Human Rights Defenders and aims to offer them concrete support in their timeof need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 (0) 1 43 55 2518 / +33 1 43 55 18 80

[1] The Anhui RTL facility authorities cited Ms. MaoHengfeng’s “illegal activities inconsistent with [the stipulations of] medicalparole” as the basis of the decision, but did not specify what those activitieswere.