Submission to UN on Jiang Tianyong, Tang Jitian, Wang Cheng, and Zhang Junjie – May 16, 2014
Comments Off on Submission to UN on Jiang Tianyong, Tang Jitian, Wang Cheng, and Zhang Junjie – May 16, 2014Submission to:
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Working Group on Arbitrary Detention
Special Rapporteur on the situation of human rights defenders
Special Rapporteur on the independence of judges and lawyers
Allegation Letter
on behalf of Jiang Tianyong, Tang Jitian, Wang Cheng, and Zhang Junjie,
citizens of the People’s Republic of China
Alleging Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Arbitrary Detention, Violation of the Independence of Judges and Lawyers, and
Reprisals against Human Rights Defenders
I. Identity of the person(s) subjected to torture (1)
A. Family Name:Jiang (江)
B. First and other names: Tianyong (天勇)
C. Sex: Male
D. Birth date or age: May 19, 1971
E. Nationality: People’s Republic of China
F. Occupation: Lawyer whose license was revoked by the authorities in 2009 due to his rights activism and defense of many cases of human rights violations. He now represents human rights cases as a “citizen agent” providing legal assistance.
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.):On March 21, 2014, Mr. Jiang went to Heilongjiang Province (with the other individuals named in this communiqué) to investigate the case of individuals illegally held in a “black jail” mostly used to lock up religious practitioners.
G. Residential and/or work address:Changshengyuan Residential Community, Changping District, Beijing Municipality
I. Identity of the person(s) subjected to torture (2)
A. Family Name:Tang (唐)
B. First and other names: Jitian (吉田)
C. Sex: Male
D. Birth date or age: September 1, 1968
E. Nationality: People’s Republic of China
F. Occupation: Lawyer whose license was revoked by the authorities in 2010 due to his rights activism and defense of many cases of human rights violations. He now represents human rights cases as a “citizen agent” providing legal assistance.
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.):On March 21, 2014, Mr. Tang went to Heilongjiang Province (with the other individuals named in this communiqué) to investigate the case of individuals illegally held in a “black jail” mostly used to lock up religious practitioners.
G. Residential and/or work address: Due to the authorities’ pressure and harassment, Tang Jitian does not have a fixed residence in Beijing and has lived in friends’ homes.
I. Identity of the person(s) subjected to torture (3)
A. Family Name:Wang (王)
B. First and other names: Cheng (成)
C. Sex: Male
D. Birth date or age: November 7, 1975
E. Nationality: People’s Republic of China
F. Occupation: Lawyer whose license was revoked by the authorities due to his rights activism and defense of many cases of human rights violations. He now represents human rights cases as a “citizen agent” providing legal assistance.
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.):On March 21, 2014, Mr. Wang went to Heilongjiang Province (with the other individuals named in this communiqué) to investigate the case of individuals illegally held in a “black jail” mostly used to lock up religious practitioners.
G. Residential and/or work address: Hangzhou City, Zhejiang Province, but at the time of writing this allegation, Wang Cheng, as well as his family, is being pressurized by Zhejiang authorities to move back to his hometown in Hubei Province.
I. Identity of the person(s) subjected to torture (4)
A. Family Name:Zhang (张)
B. First and other names: Junjie (俊杰)
C. Sex: Male
D. Birth date or age: April 9, 1974
E. Nationality: People’s Republic of China
F. Occupation: Lawyer
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.):On March 21, 2014, lawyer Zhang went to Heilongjiang Province (with the other individuals named in this communiqué) to investigate the case of individuals illegally held in a “black jail” mostly used to lock up religious practitioners.
G. Residential and/or work address: Henan Yingxie Law Firm, Room 7009, Block A, Yingxie Square, Zhengbian Road, Zhengzhou City, Henan Province
II. Circumstances surrounding torture
A. Date and place of arrest and subsequent torture
On March 22, 2014, Jiang, Tang, Wang, and Zhang were taken from their rooms in the Green Tree Inn (room numbers: 8265 and 8269) in Jiansanjiang City, Heilongjiang Province. On that same day, the four men were taken to the Daxing District Branch of the Heilongjiang Public Security Bureau, where they were subjected to severe torture.
B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence services, armed forces, paramilitary, prison officials, other)
Police from the Daxing District Branch and Qixing Branch of Heilongjiang Public Security Bureau. Officers who conducted the torture reportedly include Yu Wenbo (于文波), Chen Qi (陈奇), Liu Changhe (刘长河), and Yao Wujun (姚武君).
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 allowed to see the four victims.
D. Describe the methods of torture used
Tang Jitian was handcuffed and had his hands strung up over his head while attached to a device. Police beat him severely on his chest and kicked him against a wall. Officers also threatened to bury him alive, tear out his kidneys, throw him to be bitten and eaten by dogs, detain him in illegal “black jails,” and bankrupt him. During interrogation, police also did not give provide Tang any food and poured cold water all over his body.
Wang Cheng was beaten severely with a police baton on his chest, legs, and back. He was then hooded and handcuffed before being interrogated. After refusing to cooperate with police, he was hanged up from behind, with his hands still handcuffed. In addition, police verbally abused him and threatened to shoot him and bury him alive.
Zhang Junjie was struck on the head, knocked to the floor, and beaten and kicked for several minutes, leaving him with excruciating pain in his back. After his release from detention, Zhang wrote a detailed account of his detention and torture that was later translated and posted on a blog: http://www.siweiluozi.net/2014/03/zhang-junjies-account-part-one.html.
Jiang Tianyong was subjected to torture as well, but details are unknown.
The four men were also deprived of food while serving administrative detentions in Qixing Detention Center. Jiang, Tang, and Wang served 15-day detentions, while Zhang served a five-day detention.
E. What injuries were sustained as a result of the torture?
Injuries reported include the following:
Tang Jitian: spinal tuberculosis; 13 fractured ribs; hurt seriously when breathing and coughing; injured lumbar and teeth; injuries all over his body; suffering nightmares contributing to sleep difficulties
Wang Cheng: 3 fractured ribs; severe pain in chest
Zhang Junjie: 4 broken vertebra; waist swelling; inability to stand upright, sit down, or bend down
Jiang Tianyong: 8 fractured ribs; chest swelling; many bruises and soft tissue injuries on chest and stomach; many soft tissue injuries on waist
F. What was believed to be the purpose of the torture?
Torture was most likely used to coerce them into giving up their human rights defense activities, including the specific investigation into the “black jail” in Jiansanjiang City, Heilongjiang Province.
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?
The individuals were not examined during their ordeals. Before the individuals were detained, however, a doctor at a detention center examined them and discovered their injuries. But due to pressure from the Jiansanjiang Public Security Bureau, no images of the injuries were taken, and no treatment was given.
The individuals went to public hospitals by themselves for examination after they were released from detention. Jiang Tianyong went to the Second Artillery General Hospital of Chinese People’s Liberation Army and Tianjin Hospital. Tang Jitian went to the Second Artillery General Hospital of Chinese People’s Liberation Army and the Military General Hospital of Beijing. Wang Cheng went to Wuhan Union Hospital. Zhang Junjie went to Yellow River Central Hospital.
Tang Jitian received some medical treatment at the Military General Hospital of Beijing but was pressured to leave the premises on April 24. When Jiang Tianyong initially went to the Second Artillery General Hospital of Chinese People’s Liberation Army, he was followed and watched closely by police officers, and the examination result indicated that he did not have any injuries. In tremendous physical pain, Jiang went to Tianjin Hospital for another examination, which showed that he had eight fractured ribs and other injuries. Jiang, Wang and Zhang are taking medicine at home after the examinations.
The examinations and treatment of these individuals (following their release from detention) were not performed by prison or government doctors, but by doctors in public hospitals. Based on the experiences of Tang and Jiang, it can be concluded that the doctors who provided examinations and treatment were very likely under the control of authorities and therefore unable to provide valid medical diagnoses or adequate medical care.
H. Was appropriate treatment received for injuries sustained as a result of the torture?
Jiang Tianyong, Wang Cheng and Zhang Junjie are taking medicine at home after the examinations, and appropriate treatment was not provided to Tang Jitian. On April 24, Tang Jitian was even pressured by authorities at the Military General Hospital of Beijing to leave the premises; he was told that no surgery was needed for his spinal tuberculosis, which contradicted doctors’ recommendation when he initially arrived. Mr. Tang was not allowed to obtain or copy his examination results, with the hospital telling him he could only get the results after another two weeks.
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?
The medical examinations performed by the doctor at the detention center did not produce any injury reports. In addition, likely under pressure from the Jiansanjiang Public Security Bureau, the doctor said that the individuals’ “injuries were caused before they were sent to the detention center,” in an apparently attempt to absolve authorities from any responsibility.
Details of injuries caused by the torture are provided in section “E” above. The injuries appeared in medical reports from the hospitals the individuals went to get medical examinations and treatment following their release, including: Tianjin Hospital (for Jiang Tianyong), the Second Artillery General Hospital of Chinese People’s Liberation Army and the Military General Hospital of Beijing (for Tang Jitian), Wuhan Union Hospital (for Wang Cheng), and Yellow River Central Hospital (for Zhang Junjie)
J. If the victim died in custody, was an autopsy or forensic examination performed and which were the results?
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?
Lawyer Zhang Junjie has filed complaints to the Department of Justice of Henan Province and All China Lawyers Association, but these entities have not responded to his complaints. Zhang has also appealed to the People’s Procuratorate of Heilongjiang Province, but it has not responded.
The individuals wrote about their experiences of torture, and the accounts were published online and shared with human rights communities both inside and outside of China. On April 13, 2014, the victims also released a joint statement calling for an investigation into the torture and abolishing of arbitrary detention in extrajudicial “legal education centers.”
Date Submitted: May 16, 2014
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