Submission to UN on Jiang Tianyong – October 24, 2011

October 29, 2011 Comments Off

Communique on behalf of Jiang Tianyong, citizen of People’s Republic of China, Alleging Torture

To: Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

a. Full name of the victim: Jiang, Tianyong

b. Date on which the incident(s) of torture occurred (at least as to the month and year): Between February 19, 2011, and April 19, 2011

c. Place where the person was seized (city, province, etc.) And location at which the torture was carried out (if known): Seized at his home, disappeared and tortured in unknown locations, in Beijing, China

d. Indication of the forces carrying out the torture: Beijing Public Security and State Security forces

e. Description of the form of torture used and any injury suffered as a result:

Form of torture: Various forms of physical and mental torture and abuse, including

severe beating, repeatedly kicked and punched; deprivation of sleep for five days; made to sit motionless for up to 15 hours a day in a dark room; no sunlight for many days; threatened and relentlessly subjected to interrogation and brainwashing; humiliation; threats to detain his wife.

Injury as a result: Deep mental and emotional stress, fear, insomnia

I. Identity of the person(s) subjected to torture

A. Family Name Jiang (江)

B. First and other names Tianyong (天勇)

C. Sex: Male Female Male

D. Birth date or age 1971 (40 years of age)

E. Nationality Han Chinese

F. Occupation Lawyer

G. Identity card number (if applicable) Work permit number

F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.)

A human rights defense lawyer, Mr. Jiang has helped defended the rights of AIDS sufferers, slave labor victims, and adherents of the persecuted Falun Gong spiritual practice. Mr. Jiang has also spoken out about the persecution of rights defense lawyers in China, and participated in advocacy efforts on their behalf. Formerly with the Beijing Globe Law Firm, Mr. Jiang lost his license to practice law in 2009, a decision believed to be a politically-motivated punishment for his activism.

II. Circumstances surrounding torture

A. Date and place of arrest and subsequent torture

Mr. Jiang went missing between February 19, 2011, and April 19, 2011, in Beijing Municipality, China. Taken away from his brother’s home, Mr. Jiang was held in an unknown location and subjected to torture during his entire disappearance.

B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence services, armed forces, paramilitary, prison officials, other)

It is believed that national security officers from Beijing carried out the disappearance and torture, though the individuals who initially took Mr. Jiang into custody did not present police identification.

C. Were any person, such as a lawyer, relatives or friends, permitted to see the victim during detention? If so, how long after the arrest?

No one was permitted to see Mr. Jiang during his disappearance.

D. Describe the methods of torture used

Mr. Jiang was constantly subjected to various forms of physical and mental torture and abuse between February 19, 2011, and April 19, 2011.

Immediately after being taken into custody, Mr. Jiang was severely beaten for two nights. He was repeatedly kicked and punched, and also deprived of sleep for five days. He was made to sit motionless for up to 15 hours a day in a room where the curtains were always closed; he saw no sunlight during the entire period while being held in that one location.

He was also threatened and relentlessly subjected to what authorities called “rescue education,” a type of interrogation and brainwashing whereby interrogators “educated” Mr. Jiang and tried to make him repent for his so-called “mistakes.” Mr. Jiang has said that he was not permitted to respond “I don’t know” to their questions or make any “mistakes,” or otherwise he would be subjected to threats and humiliation. He received no information from outside his place of confinement.

His interrogators reportedly told Mr. Jiang that they could both conduct themselves within Chinese law but also beyond the bounds of law. He was released after only his interrogators believed their brainwashing had succeeded and after he had signed eight pledges. Before he was freed, his captors warned him that, if pledges were broken, they could make him disappear again at any time, and even threatened to detain his wife.

E. What injuries were sustained as a result of the torture?

Jiang is reported to be in decent physical health, but he still remains under deep mental and emotional stress due to the physical and verbal abuse he was subjected to during his disappearance. Mr. Jiang also reveals that he suffers from poor memory after his release. As authorities continue to monitor him, Mr. Jiang is also fearful of what they may do to him since, by granting media interviews about the torture he has suffered, he has broken pledges that helped secure his release. He had also been ordered to report to authorities about whom he met and if he attended any gatherings, leading him to keep a very low profile after he was released.

F. What was believed to be the purpose of the torture?

It is believed the torture Mr. Jiang was subjected to was in retaliation for his efforts to represent activists and other clients in sensitive cases, such as AIDS patients and Falun Gong practitioners, and to discourage him from continuing such legal advocacy. The torture of Mr. Jiang exemplifies measures taken by authorities as part of the “Jasmine Revolution” crackdown on human rights lawyers and activists that began in February.

G. Was the victim examined by a doctor at any point during or after his/her ordeal? If so, when? Was the examination performed by a prison or government doctor?

No, he was not examined by a doctor during or after his ordeal.

H. Was appropriate treatment received for injuries sustained as a result of the torture?

No, he has not received any treatment.

I. Was the medical examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal?

N/A

III. Remedial action

Were any domestic remedies pursued by the victim or his/her family or representatives (complaints with the forces responsible, the judiciary, political organs, etc.)? If so, what was the result?

Mr. Jiang’s wife went to the local police station to look for him after he was taken away and disappeared in Feb and March. Supporters and his fellow lawyers also looked for him at the police bureaus in Beijing. Human rights groups, including CHRD, have appealed to authorities to disclose his whereabouts and release him unconditionally, as well as denouncing the use of torture. Jiang was released, but there has been no other result in terms of authorities’ actions in lifting surveillance, offering apology or compensation, conducting investigation, or holding officials criminally accountable.