China Human Rights Briefing December 1-15, 2008
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China Human Rights Briefing
Reporting human rights development from the grassroots
December 1-15, 2008
Please click here for the full China Human Rights Briefing in PDF
HIGHLIGHTS
· On December 9, a group of 303 Chinese citizens launched Charter 08, a declaration that outlines a vision for a democratic China and establishes a platform for citizen action. More than 5,000 people have since added their names to the Charter. The Charter and discussions about it have spread over China’s internet faster than cyber–censors’ attempts to squelch them.
· A day before the launch of Charter 08, police took into custody Liu Xiaobo and Zhang Zuhua, two Beijing-based dissident intellectuals the authorities believe to be the Charter’s organizers. Although Zhang was later released, Liu remains in custody on suspicion of “inciting subversion of state power”. As of December 18, CHRD has documented official harassment of at least 48 other Charter signatories.
· Authorities in Guizhou illegally and secretly detained three activists, now released, to prevent them from publicly commemorating the 60th anniversary of the Universal Declaration of Human Rights on December 10, in direct contradiction of the government’s claim in November that “the accusation that China was obstructing NGOs from publicizing human rights instruments ‘is groundless”.
TABLE OF CONTENTS
China’s Censors Block or Delete Charter 08. 2
Right to Participate in Government 2
Hubei Villagers Protest Appointment of Unelected Village Secretary. 2
Harassment and Persecution of Rights Activists. 3
Prominent Dissident Intellectual Liu Xiaobo Remains in Police Custody. 3
Guizhou Human Rights Activists Released. 3
Olympics Protest Applicant Held Incommunicado in Fujian Province. 3
Exiled Tiananmen Student Leader Detained during Family Visit to China. 4
Harassment and Persecution of Petitioners. 4
Petitioners Detained for Walking around Tiananmen Square Wearing Complaint T-shirts. 4
Petitioners Intercepted in Beijing and Forcibly Returned to Wuhan. 4
Falun Gong Practitioner Convicted Without Access to Legal Counsel 5
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment 5
Petitioner and Activist Liu Jie’s Application for Release for Medical Treatment Denied. 5
Olympics Prisoner Yang Chunlin Forced to Perform 14 Hours of Daily Labor 5
Member of Pan-Blue Alliance of Chinese Nationalists Tortured in Prison. 5
Hubei Villagers Seriously Injured in Violent Land Seizure. 6
Regulation and Policy Watch. 6
Wuhan Passes Regulations to Protect Rights of Mentally Ill 6
Zhejiang to Protect Migrant Children’s Right to Education. 6
Citizens’ Actions to Defend Human Rights. 6
Chinese Citizens Launch Charter 08. 6
CHRD Calls on the Government to Ratify International Covenant on Civil and Political Rights. 7
CHRD’s Latest Report Finds No Decrease in Media Censorship in China. 7
Freedom of Expression
China’s Censors Block or Delete Charter 08
CHRD said in a press release on December 16 that the government has blocked or deleted websites and blogs that carried Charter 08. CHRD conducted a Google search in China for Charter 08 on December 12. Out of the first twenty-one websites the search returned, 86% of them (18 websites) either “cannot be displayed” or their “content cannot be found”. According to subsequent internet searches we conducted, although most of the thousands of listings of the Charter were subsequently blocked or deleted, the Charter continues to be posted on other blogs and websites in China. It appears that Chinese internet users have so far outpaced the government’s internet censors. (CHRD)[i]
Right to Participate in Government
Hubei Villagers Protest Appointment of Unelected Village Secretary
On December 11, about 100 villagers from Sunjiawan Village, Xihe Township, Economic Development District, Suizhou City, Hubei Province, went to the city’s Chinese Communist Party Committee (CCP) to complain about the township government’s appointment of an unelected man as the secretary of the village committee. On December 3, after the election at Sunjianwan Village, the township government gave the position to a candidate who did not receive the highest number of votes. (CRLW)[ii]
Harassment and Persecution of Rights Activists
Prominent Dissident Intellectual Liu Xiaobo Remains in Police Custody
Liu Xiaobo (刘晓波), signatory of Charter 08 and prominent dissident intellectual, remains in police custody after he was taken away from his home on December 8. When the police took him into custody, they presented a detention warrant stating that Liu was detained on suspicion of “inciting subversion of state power”. However, the police have not formally informed Liu’s family about his detention, in violation of China‘s Criminal Procedure Law which stipulates that a suspect’s family should be notified of the reasons for detention within 24 hours of his incarceration. On December 15, Liu’s wife, Liu Xia (刘霞), visited Beijing Public Security Bureau (PSB) with Jiang Qisheng (江棋生), a fellow signatory. Police told Liu Xia that the decision to detain Liu was made at “a very high level” and refused to provide further information regarding his detention.
Liu is held at the National Security Corps at Beijing Municipal Public Security Bureau (PSB). When police took Liu into custody, they also searched his home and confiscated his computers, mobile phones, books, magazines, printed papers and a draft of Charter 08. (CHRD)[iii]
Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated
CHRD has documented the cases of police harassment of at least 39 signatories of Charter 08 in Beijing and Shanghai Municipalities and Liaoning, Zhejiang, Fujian, Guangdong, Hainan, Shaanxi, Hubei and Hunan Provinces. The signatories have been questioned, summoned (chuanhuan), intimidated, closely followed or had their movement restricted because of their endorsement of the Charter.
On December 8, Zhang Zuhua (张祖桦) and Liu Xiaobo (刘晓波), signatories of Charter 08 and prominent dissident intellectuals, were taken from their homes and interrogated by the police. Liu remains in police custody but Zhang was released on bail. (CHRD)[iv]
Guizhou Human Rights Activists Released
On December 11, Chen Xi (陈西), Shen Younian (申有年) and Du Heping (杜和平), human rights activists based in Guiyang City, Guizhou Province, were released from illegal detention by Guiyang police. On December 4, the three were taken from their homes and detained at various locations in the Guiyang suburbs. The Guizhou activists were detained to prevent them from organizing the Fourth Guizhou Citizens’ Forum, which they had planned to host on Human Rights on December 10. The police had repeatedly warned them against marking the anniversary and told them that the event was “illegal”. (CHRD)[v]
Olympics Protest Applicant Held Incommunicado in Fujian Province
On November 30, a friend and fellow petitioner received a postcard sent by Ji Sizun (纪斯尊), an activist detained since August 11 after he applied to protest in the “Protest Zones” in Beijing. From the content of the postcard, it is apparent that Ji never received the letters or glasses sent by his friends over half a month ago. CHRD learned on November 11 that Ji was arrested for “forging an official seal” by Fuzhou Public Security Bureau (PSB) in Fujian Province. His friends have been barred from visiting him. It is believed that Ji has had no contact with his family while in detention. (CHRD)[vi]
Exiled Tiananmen Student Leader Detained during Family Visit to China
CHRD learned on December 12 that Zhou Yongjun (周勇军), a former student leader during the 1989 democracy movement, has been detained since September 30 when he entered Chinese territory at Luohu, an immigration point between Hong Kong and Shenzhen. Zhou was returning to China to visit his family. He was first detained at Shenzhen No.2 Detention Center but was moved in early November to Shenzhen No. 1 Detention Center. Zhou was initially detained on suspicion of “spying” but the charge was later changed to “financial fraud”. (CRLW)[vii]
Harassment and Persecution of Petitioners
Petitioners Detained for Walking around Tiananmen Square Wearing Complaint T-shirts
On December 1, three petitioners against forced eviction from Tianxin District, Changsha City, Hunan Province, Tang Zhufang (汤竹芳), Tang Tiemiao (汤铁苗) and Chen Zhuyong (陈竹勇) walked around Tiananmen Square wearing t-shirts with detailed complaints written on them (zhuangyi). Military police patrolling the Square dragged them into a police vehicle parked at the square. They were then sent to Ma Jia House where petitioners are detained before being forcibly escorted back to their hometowns. It is unclear whether the three petitioners have been released. (CHRD)[viii]
Petitioners Intercepted in Beijing and Forcibly Returned to Wuhan
On December 12, Cheng Xue (程雪), Dai Youping (戴幼萍) and Hu Li (胡丽), three petitioners with various complaints against local authorities in Wuhan City, were intercepted while petitioning outside of the Letters and Visits Bureau in Beijing. The three were first sent to Ma Jia House and then forcibly returned to Wuhan City where they were subsequently released. (CRLW)[ix]
On December 5, Zou Guilan (邹桂兰), a petitioner from Erqi Street Office, Jiangan Distrct, Wuhan City, was petitioning at the Ministry of Construction in Beijing when she was apprehended by interceptors from Erqi Street Office and Jiangan District. Zou was first detained in Wuhan City Beijing Liaison Office, then Jiangan District Beijing Liaison Office, and then was forcibly sent back to Wuhan and released the next day. (CRLW)[x]
Right to Fair Trial
Falun Gong Practitioner Convicted Without Access to Legal Counsel
On December 15, Sun Fengli (孙锋利), a Falun Gong practitioner from Lubei District, Tangshan City, Hebei Province, was tried for “using a cult organization to undermine law enforcement” without ever having been given access to legal counsel, even though he had hired two Beijing lawyers to represent him. Sun’s lawyers, Tang Jitian (唐吉田) and Jiang Tianyong (江天勇), were repeatedly barred from meeting Sun. The police officers at Tangshan City No.1 Detention Center, where Sun is held, said “higher authorities” had decided that the lawyers were not allowed to meet suspects in Falun Gong-related cases. (CHRD)
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
Petitioner and Activist Liu Jie’s Application for Release for Medical Treatment Denied
On December 1, the husband of Liu Jie (刘杰), a human rights defender currently serving 18 months of Re-education through Labor (RTL), was told by RTL camp authorities that Liu’s application for release for medication treatment has again been denied. According to the authorities, Liu “did not fulfill the conditions for release” and could only receive treatment at local hospitals. However, when Liu’s husband demanded the medical records on which the decision was based, the authorities refused to provide them.
Authorities have denied Liu access to appropriate medical treatment even though she was diagnosed with a severe eye illness soon after she was sent to RTL on November 12, 2007. Liu‘s eye injuries require treatment unavailable in Heilongjiang Province, so she must be sent to Beijing for treatment. However, authorities have repeatedly delayed responding to Liu’s requests for release for medical treatment. (CHRD)[xi]
Olympics Prisoner Yang Chunlin Forced to Perform 14 Hours of Daily Labor
CHRD learned on December 12 that Yang Chunlin (杨春林), a Heilongjiang farmers’ representative imprisoned for collecting signatures on the petition, “We Want Human Rights, Not the Olympics”, has been forced to perform over fourteen hours a day of labor at Xianglan Prison, Jiamusi City, Heilongjiang Province. Yang told his sister during a visit on December 11 that except for lunch break, he works from when he wakes up at around 5 a.m. until 8 p.m. Yang is assigned the task of gluing paper cartons. (CRLW)[xii]
Member of Pan-Blue Alliance of Chinese Nationalists Tortured in Prison
CHRD learned on December 6 that Zhang Zilin (张子霖), a key member of the Pan-Blue Alliance of Chinese Nationalists currently imprisoned, has been repeatedly beaten and forced to perform heavy labor for over thirteen hours a day. Zhang, from Hunan Province, was sentenced on February 22 to two years of imprisonment for “fraud and extortion”. Zhang is currently held at Jishou Prison in Hunan Province, which has a reputation for violent and disrespectful treatment of prisoners. (CHRD)[xiii]
Hubei Villagers Seriously Injured in Violent Land Seizure
On December 10, Human Rights Day, thirty villagers of Xinxin Village, Economic Development District, Qianjiang City, Hubei Province were beaten by thugs. Policemen who were present did not intervene. The villagers tried to reason with the thugs, who had arrived at the village and threatened to start building on a piece of contested land that the local government had forcibly appropriated from the villagers. Twelve villagers were injured and seven were sent to the hospital for treatment. (CHRD)[xiv]
Regulation and Policy Watch
Wuhan Passes Regulations to Protect Rights of Mentally Ill
According to a Legal Daily article on December 4, Wuhan City government recently passed the Wuhan City Mental Health Regulations which aim to protect the rights of the mentally ill. The regulations prohibit illegal detention of the mentally ill, guarantee the right to equal opportunities in employment and education after individuals recover from mental illness, and protect the privacy of individuals who have sought psychiatric treatment. However, the Regulations do not stipulate concrete measures to prohibit the use by authorities of the many loopholes in current Chinese law to forcibly incarcerate individuals, especially petitioners, in psychiatric institutions. (Legal Daily)[xv]
Zhejiang to Protect Migrant Children’s Right to Education
According to a Legal Daily article on December 11, Zhejiang Provincial government issued a document ordering governments at all levels in the province to include provisions in their education budget for children of migrant workers. According to the order, government schools must admit migrant children and ensure that their schools are given the financial and human resources required to cater to the migrant children in their areas. (Legal Daily)[xvi]
Citizens’ Actions to Defend Human Rights
Chinese Citizens Launch Charter 08
On December 9, a group of Chinese citizens launched Charter 08 (零八宪章), a declaration that outlines a vision for a constitutionally democratic China and sets a platform for citizens’ actions. Charter 08 calls for bold political reforms, including an end to one-party rule and replacement of the current political system with one based on human rights and democracy. Charter 08 was signed not only by well-known dissidents and intellectuals but also by officials and rural leaders. The signatories will form an informal and open group to promote democratization and advance human rights in China. Charter 08, assisted by CHRD, was inspired by Czechoslovakia’s Charter 77, which espoused similar ideals. The Charter was initially signed by 303 Chinese citizens, but since December 9, more than 5,000 others have added their names. (CHRD)[xvii]
CHRD Calls on the Government to Ratify International Covenant on Civil and Political Rights
On December 9, CHRD issued a public letter calling on the National People’s Congress Standing Committee to ratify the International Covenant on Civil and Political Rights, which China signed over ten years ago on October 5, 1998. As part of the ratification process, CHRD urged the government to review its laws and administrative regulations and abolish or amend those provisions that violate civil and political rights. (CHRD)[xviii]
Notable CHRD Publications
CHRD’s Latest Report Finds No Decrease in Media Censorship in China
CHRD released “‘Follow the Principles of the Party’: State Control of the Media (And What the Media is Doing to Fight Back)” on December 9. The report finds that the Chinese government continues to employ a wide and complex web of regulations and techniques to ensure that the media’s primary purpose is to “follow the principles of the Party”. The report analyzes the overall institutional framework and administrative mechanisms governing the media in China as well as several recent trends in media control. The report also reviews initiatives taken by members of the Chinese media and other developments that have had the effect of promoting greater freedom. The report concludes with recommendations to the Chinese government. (CHRD)[xix]
Editor: Wang Songlian
[i] CHRD, “Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated”, December 16, 2008, https://www.nchrd.org/Article/Class9/Class98/200812/20081216212554_12417.html
[ii] CHRD, “Sunjiawan villagers Rode 10 Trackers to the Party Committee at Suizhou City to Express Discontent with the Appointed Village Official <随州孙家湾村十辆拖拉机载村民至市委不满任命村官>”, December, 11, 2008, https://www.nchrd.org/Article/Class55/200812/20081211235909_12343.html
[iii] CHRD, “Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated”, December 16, 2008, https://www.nchrd.org/Article/Class9/Class98/200812/20081216212554_12417.html; CHRD, “Chinese Government Responds with a Crackdown on Activists for Commemorating 60th Anniversary of UDHR”, December 9, 2008, https://www.nchrd.org/Article/Class9/Class98/200812/20081210085443_12282.html
[iv] CHRD, “Crackdown on Charter 08 Widens as More Activists are Interrogated and Intimidated”, December 16, 2008, https://www.nchrd.org/Article/Class9/Class98/200812/20081216212554_12417.html; CHRD, “Chinese Government Responds with a Crackdown on Activists for Commemorating 60th Anniversary of UDHR”, December 9, 2008, https://www.nchrd.org/Article/Class9/Class98/200812/20081210085443_12282.html
[v] CHRD, “Guizhou Human Rights Activists Released and Returned Home <贵州人权活动人士获释回家>”, December 11, 2008, https://www.nchrd.org/Article/Class53/200812/20081211225028_12334.html
[vi] CHRD, “Ji Sizun’s Right to Communication Has Been Deprived; He Might Even Have Fallen into the Trap Set by the Authorities <纪斯尊通信权被剥夺，并可能被当局设计利用>”, December 1, https://www.nchrd.org/Article/fmzj/200812/20081201132101_12097.html
[vii] Civil Rights and Livelihood Watch (CRLW), “Four Pieces of Human Rights News <人权消息四则>”, December 12, 2008, http://www.msguancha.com/Article/ShowArticle.asp?ArticleID=1649; CRLW, “Zhou Yongjun Secretly Detained Once He Entered China <周勇军回国入关被秘密关押>”, December 4, 2008, https://www.nchrd.org/Article/Class53/200812/20081204223537_12186.html
[viii] CHRD, “Hunan Petitioners Brought to Ma Jia House for Walking around Tiananmen Square Wearing Complaint T-shirts <湖南访民天安门广场穿状衣被带到马家楼>”, December 1, 2008, https://www.nchrd.org/Article/fmzj/200812/20081201211857_12106.html
[ix] Civil Rights and Livelihood Watch (CRLW), “Four Pieces of Human Rights News <人权消息四则>”, December 12, 2008, http://www.msguancha.com/Article/ShowArticle.asp?ArticleID=1649
[x] CRLW, “Wuhan Zou Guilan Detained for Petitioning in Beijing <武汉邹桂兰等北京上访遭扣压>”, December 6, 2008, https://www.nchrd.org/Article/fmzj/200812/20081206104351_12217.html
[xi] CHRD, “Authorities Again Refused to Release Petitioner Liu Jie for Medical Treatment <上访维权代表刘杰再次被拒绝保外就医>”, December 2, 2008, https://www.nchrd.org/Article/Class18/liujie/200812/20081202214012_12129.html
[xii] Civil Rights and Livelihood Watch (CRLW), “Four Pieces of Human Rights News <人权消息四则>”, December 12, 2008, http://www.msguancha.com/Article/ShowArticle.asp?ArticleID=1649
[xiii] CHRD, “Hunan Rights Activist Zhang Zilin Mistreated in Prison <湖南维权人士张子霖在狱中受虐待>”, December 6, 2008, https://www.nchrd.org/Article/Class18/zhangzilin/200812/20081206202426_12223.html
[xiv] CHRD, “Hubei Villagers Seriously Injured in Violent Land Seizure”, December 11, 2008, https://www.nchrd.org/Article/Class9/Class10/200812/20081211212654_12332.html
[xv] Legal Daily, “Wuhan Mental Health Regulations Demonstrate the Law’s Humanistic Concern; Let Discrimination Stay Far Away from Mentally Disabled <武汉精神卫生立法显法律人文关怀 让歧视远离精神障碍者>”, December 4, 2008, http://www.legaldaily.com.cn/0705/2008-12/04/content_995166.htm
[xvi] Legal Daily, “Zhejiang Issues Opinion to Protect the Education of Children of Migrant Workers; [Education of Migrant Children] Included in Government’s Development and Planning <纳入政府发展规划 浙江省出台意见力保农民工子女教育>”, December 11, 2008, http://www.legaldaily.com.cn/0705/2008-12/11/content_999610.htm
[xvii] Charter 08, in Chinese, https://www.nchrd.org/Article/lingbaxianzhang/200812/20081209130050_12266.html; in English, https://www.nchrd.org/Article/Class9/Class98/200812/20081210142700_12297.html
[xviii] CHRD, “An Open Letter to Calling on the National People’s Congress Standing Committee to Ratify the ICCPR”, December 10, 2008 (in Chinese), https://www.nchrd.org/Article/Class4/200812/20081209030825_12257.html
[xix] CHRD, “‘Follow the Principles of the Party’: State Control of the Media (and What the Media is Doing to Fight Back)”, December 9, 2008, https://www.nchrd.org/Article/Class9/Class11/200812/20081209223905_12273.html (Part I) and https://www.nchrd.org/Article/Class9/Class11/200812/20081209224005_12274.html
