Sentencing in appeal of Mr. Tan Zuoren to five years in prison

June 10, 2010

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in the People's Republic of China.

Brief description of the situation:

The Observatory has been informed by Chinese Human Rights Defenders (CHRD) and Human Rights in China (HRIC) about the sentencing in appeal of Mr. Tan Zuoren, an environmental activist based in Chengdu, Sichuan Province, for publishing commentaries online that were critical of the Government, particularly regarding the Tiananmen Massacre and the death of students in the 2008 Sichuan earthquake.

According to the information received, on June 9, 2010, the Sichuan Provincial High People's Court announced its decision to uphold Mr. Tan Zuoren's previous sentence to five years in prison, with an additional three years' deprivation of political rights, issued on February 9, 2010 by the Chengdu Municipal Intermediate People's Court, on the charge of “inciting subversion of State power”. The court session reportedly lasted only a few minutes. The court was surrounded by security forces who prevented supporters, the media, and diplomats - including representatives from the German and US embassies - from accessing the courtroom. At least four supporters, including Mr. Tan Zuoren’s daughter Li Chang, Mr. Chen Yunfei, a Chengdu activist, and Mr. Li Tinghui, a petitioner, were taken away by the police.

Mr. Tan Zuoren was detained on March 28, 2009, three days after the online release of a report entitled Independent Investigation Report by Citizens, which presented findings of his investigation into the causes of the widespread collapse of school buildings during the May 2008 earthquake in Sichuan. He had also released online a proposal to compile a list of students who died in the earthquake and to assist the parents of these children in their fight for justice. However, he was tried on the basis of attempting to organise commemorative activities for the 20th anniversary of the Tiananmen Massacre and conducting interviews with "hostile foreign forces" such as the exiled student leader Wang Dan. The Chengdu Municipal Intermediate People's Court did not allow any defence witnesses to attend the trial, and announced its guilty verdict nearly half a year after the trial, which took place on August 12, 2009, in violation of Article 168 of the Criminal Procedure Law (CPL), which allows a maximum period of two and a half months for a trial court to issue a ruling after accepting the case. Furthermore, the appeal decision, handed down on June 9, 2010, four months after Mr. Tan Zuoren appealed on February 10, 2010, is also in violation of Article 196 of the CPL, which stipulates that an appeal trial should be concluded within one and a half months after the filing of the appeal.

The Observatory strongly condemns Mr. Tan Zuoren's sentencing and arbitrary detention, which seem to merely aim at sanctioning his peaceful human rights activities in expressing his views on the Tiananmen Massacre and in helping the families of the earthquake victims to know the truth and claim for justice, and as such are a violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998.

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 Mr. Tan Zuoren;
2. Release Mr. Tan Zuoren immediately and unconditionally since his detention is arbitrary as it only aims at sanctioning his human rights activities;
3. Put an end to any acts of harassment, including at the judicial level, against Mr. Tan Zuoren, as well as against all human rights defenders in China;
4. Conform with the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the People’s Republic of China.

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)
• Ms. 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
• Ambassador Sha Zukang, 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 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 diplomatic mission or embassy of the People’s Republic of China in your respective country.

Geneva - Paris, June 10, 2010

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

The Observatory, a 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. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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
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