"Observatoire" <observatoire@iprolink.ch> Date Thu, 6 Nov 2003 11:37 AM
To hr-asia@derechos.net
Subject [hr-asia] The Observatory - China
URGENT APPEAL - THE OBSERVATORY
CHN 002 / 1103 / OBS 060
Arbitrary detention / Ill-treatment
China
6 November 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.
Description of the situation :
The Observatory has been informed by China Labour Bulletin (CLB) and
Human Rights in China (HRIC), that two labour activists, Yao Fuxin
and Xiao Yunliang, imprisoned since March 2002, were transferred on 8
October 2003, from Jinzhou Prison to the notorious Lingyuan Prison,
considered to be one of the most brutal prison in China. Lingyuan
Prison is a huge penal colony, located in Liaoning Province close to
the border of Inner Mongolia.
The transfer was made despite the extremely poor state of health of
both prisoners. According to the information received, Yao Fuxin and
Xiao Yunliang's health condition has rapidly deteriorated since their
transfer to Lingyuan prison, due to the lack of proper medical
facilities available in that prison.
The families of both men were able to visit the two prisoners on 22
October at Lingyuan. They confirmed that hope that the two prisoners
will survive their prison sentences is diminishing every day due to
the lack of medical treatment and the seriousness of their underlying
medical conditions.
Yao Fuxin and Xiao Yunliang were arrested as the leaders of a mass
workers demonstration, that took place in March 2002 against
corruption and unpaid benefits in the city of Liaoyang, Liaoning
Province (See the 2002 Annual Report of the Observatory). They were
tried in January 2003 on charges of "subverting state power," (art.
105 of the criminal law) and on 9 May 2003 they were handed down
prison sentences of seven and four years respectively. Their appeals
were subsequently rejected by a higher court.
The Observatory is extremely worried for Yao Fuxin and Xiao
Yunliang's physical integrity. Moreover, it considers their detention
to be arbitrary since it only aims at sanctioning their freedom of
assembly and peaceful association. These detentions take place in a
context where workers in the PRC continue to be denied the right to
set up independent unions and the leaders of workers' protests are
systematically arrested.
The Observatory points out that the imprisonment of the two labour
activists is a flagrant violation of the UN Declaration on Human
Rights Defenders article 1 and article 5 which states that "for the
purpose of promoting and protecting human rights and fundamental
freedom, everyone has the right, individually and in association with
others, at the national and international levels: (a) to meet or
assemble peacefully; (b) to form, join and participate in non-
governmental organizations, association or groups."
The conditions of detention described above contravene principles 1
and 9 of the 1990 United Nations Basic Principles for the Treatment
of Prisoners. Principle 9 states that 'prisoners shall have access to
the health services available in the country without discrimination
on the grounds of their legal situation.' In addition, the state has
the obligation to guarantee the physical and psychological integrity
of the two prisoners while in detention.
Action requested :
Please write to the authorities of China urging them to :
i. Guarantee the physical and psychological integrity of Yao Fuxin
and Xiao Yunliang and grant them immediate access to medical care.
ii. Release the two prisoners immediately since their detention is
arbitrary.
iii. 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
5.a and 5.b mentioned above;
iv. Conform to the principles adopted by the United Nations General
Assembly on the Treatment of Prisoners and particularly principle 1
'All prisoners shall be treated
with the respect due to their inherent dignity and value as human
beings,' and principle 9 as mentioned above;
v. Conform to the provisions of the Universal Declaration on Human
Rights and international human rights standards, including the
ICESCR.
Addresses :
President Hu Jintao, 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 Hu Jintao, 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, 6 November 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
---------------------------------------------------------------------
Please note: Materials by sources other than Derechos distributed in this
mailing list do not necessarily imply the endorsement of Derechos
---------------------------------------------------------------------
Non-Turkish Crimes Against Humanity