China Human Rights Briefing February 1-15, 2009
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Reporting human rights development from the grassroots
February 1-15, 2009
HIGHLIGHTS
– While the Chinese government’s human rights record was reviewed during the Fourth Session of the United Nations Human Rights Council’s Universal Periodic Review on February 9 and 11, rights abuses went on as usual at home, as we have documented in this issue. Though the government spoke proudly of their forthcoming “National Human Rights Action Plan” and pledged “broad consultation” with civil society, authorities in Beijing had only days before detained and interrogated human rights activists who attempted to submit applications to participate in the drafting of the plan.
– CHRD is concerned by reports that authorities, after pausing for Spring Festival and while the Universal Periodic Review was in session, may be gearing up for another wave of the crackdown on Charter 08 signatories. Authorities in Zhejiang, Shanghai, Shenzhen, and Shandong have summoned a number of individuals for questioning and a popular online encyclopedia was shut down for posting Charter 08 content.
– CHRD has issued a report in English on the Re-education through Labor system, entitled: “Re-education through Labor Abuses Continue Unabated: Overhaul Long Overdue,” the product of extensive research and interviews with petitioners and former RTL detainees, and a report in Chinese on the obstacles and restrictions on freedom of association.
Contents:
Persecution of Human Rights Activists. 2
Activists Detained for Requesting to Join Drafting of the “National Human Rights Action Plan”. 2
Request Demanding Details of Liu Xiaobo’s Detention Denied. 2
Shanghai Dissident Dai Xuezhong Detained in Home. 3
Family of Olympics Protestor Finally Discover Details of His Incarceration. 3
Wuhan Petitioner Victim of Knife Attack. 3
500 Prisoners Allowed Home for Spring Festival in Sichuan Province. 4
Supreme People’s Court Begins Judicial Reform.. 4
Authorities Encourage Local Officials to Institute “Basic Standards” for Petitioners. 5
Re-education through Labor Abuses Continue Unabated: Overhaul Long Overdue. 5
CHRD’s Letter to Secretary of State Clinton. 5
CHRD Issues Report on Freedom of Association. 6
Universal Periodic Review
On February 9 and 11, the United Nations Human Rights Council’s fourth session of the Universal Periodic Review held its review of China’s human rights record. CHRD was distressed by the failure of most states to challenge the Chinese government’s human rights record, as well as the Chinese government’s rejection of those comments made by countries critical of the regime. For a full summary and analysis of the session, including recommendations to the international community for the coming months, please see <https://www.nchrd.org/Article/Class9/Class10/200902/20090213000705_13642.html>.
Charter 08 Update
CHRD continues to monitor the official response to Charter 08 as the crackdown enters its third month. There was a brief lull during the Chinese New Year as fewer signatories were summoned (chuanhuan). However, in the past week authorities in Zhejiang and Shanghai have once again renewed efforts to intimidate, harass, and question individuals involved with Charter 08, including many who have been interrogated or summoned on multiple occasions.[i] Since its last update[ii] in early January, CHRD has confirmed thirty-seven new cases of citizens being summoned or interrogated by police, putting the total number of harassed at 143 nationwide. As CHRD’s network is operating at reduced capacity due to continued pressure, the true number is likely higher.
CHRD also learned on February 4 that the user-edited online encyclopedia “Weiku” (维库, www.wikilib.com) was temporarily shut down by internet authorities in late January after articles containing information about Charter 08 and drafters of the Charter appeared on the site. According to sources, the site was closed on the orders of the government offices responsible for internet surveillance and control, and set to re-open in February, after the content was removed. (CHRD)[iii]
Persecution of Human Rights Activists
Activists Detained for Requesting to Join Drafting of the “National Human Rights Action Plan”
On the morning of February 6, Cao Shunli (曹顺利), Zhang Ming (张明) and a group of fellow activists arrived at the State Council Information Office in Beijing, where they hoped to submit an application requesting to join in the drafting of the “National Human Rights Action Plan.” Though the group succeeded in reaching the reception office, an employee there refused to accept their application and turned them away, saying that this matter did not concern the State Council Information Office. Immediately afterwards, Cao and Zhang were caught by Beijing police and taken to the Andingmenwai Police Station of the Beijing PSB. They were released at 7 pm on February 6. Cao and others had previously attempted to submit similar applications, and Cao was detained last month for the same reason.[iv] This is extremely troubling news, especially in light of the emphasis placed by the Chinese government on “broad consultation” with the public in drafting the action plan at this month’s UPR review. (CRLW)[v]
Request Demanding Details of Liu Xiaobo’s Detention Denied
On the morning of February 11, Shang Baojun (尚宝军), a lawyer for detained activist Liu Xiaobo (刘晓波), arrived at the Beijing Municipal PSB to submit a request demanding that the Beijing PSB notify Liu’s family of the crime for which Liu is being detained for investigation, the government agency responsible for his case, and the duration of his residential surveillance in accordance with relevant Chinese laws. However, officials at the PSB refused to accept the request or provide any of the information sought by Shang. Liu Xiaobo, a signatory of Charter 08 and prominent Beijing-based writer and intellectual, has been held in custody since December 8, 2008 and is currently being subjected to “residential surveillance” (jianshi juzhu) at an undisclosed location in Beijing. Liu has been barred from contacting the outside world except for one meeting with his wife, Liu Xia (刘霞), on January 1 in Xiaotangshan, Changping District, Beijing. (CHRD)[vi]
Shanghai Dissident Dai Xuezhong Detained in Home
On the morning of February 7, Shanghai activist Dai Xuezhong (戴学忠) was prevented from leaving his home by local police, who remained at his residence through the afternoon. The police were reportedly dispatched to prevent Dai from meeting with fellow activist Deng Yongliang (士邓永), who had recently arrived in Shanghai to see Dai. A participant in the 1970 Shanghai Democracy Wall activities as well as pro-democracy demonstrations in 1989, Dai has been detained and sent to RTL on numerous occasions. (CRLW)[vii]
Family of Olympics Protestor Finally Discover Details of His Incarceration
On February 15, CHRD spoke with Ji Xiuzhuang (纪秀妆), sister of Ji Sizun (纪斯尊), the protestor detained for applying to protest in the “Protest Zones” during the Beijing Olympics and later sentenced to three years’ imprisonment for “forging documents and seals of national agencies” by Taijiang District Court, Fuzhou City, Fujian Province on January 7, 2009. Ji Xiuzhuang reported that her family has not been informed by the police or court authorities about Ji’s detention and subsequent imprisonment. The family learned about his incarceration only during Spring Festival, at least six months after Ji was apprehended, when she called her brother’s friends. After the family discovered Ji’s imprisonment, they went to Fuzhou to visit Ji, but their request was denied.
The family has since hired lawyers from Beijing and Fuzhou to represent Ji during his upcoming appeal. Although Ji was barred from receiving visitors, he was allowed to send a few postcards out to his friends. In these postcards, Ji revealed that he was represented by a court-appointed lawyer during his first trial. (CHRD)[viii]
Persecution of Petitioners
Wuhan Petitioner Victim of Knife Attack
On the evening of January 28, more than ten unidentified individuals burst into the Wuhan home of petitioner Liao Desi (廖德四), attacking him with knives and cutting his legs. According to other Wuhan petitioners, the attack may have been related to Liao’s reporting on a local official’s corruption, which cost the cadre his job. Family members immediately reported the attack to police, who have so far made no progress in the case. Liao is 64 years old, with a long history of petitioning. In April 2008, he was detained in a Wuhan area black jail for petitioning, during which time he was beaten and suffered injuries to his ear, back, and legs. (CRLW)[ix]
Citizens’ Actions
More than 11,000 Citizens Sign Application to Establish “Citizens’ Association for Government Oversight”
CHRD learned in early February that a group of citizens announced their campaign in December 2008 to apply for the creation of a “Citizens’ Association for Government Oversight” during the upcoming sessions of the National People’s Congress and Chinese People’s Political Consultative Conference. The committees would monitor the work of local governments in an effort to root out corruption, combat bureaucratic inefficiencies, and protect the rights of citizens. According to the public announcement, the application has already been sent to 9 members of the Standing Committee of the Political Bureau of the Central Committee of the CCP and at the same time widely distributed within China, where it has been signed by over 11,000 citizens.
The application calls for the creation of these associations to begin in large cities, and envisions bodies that would work with central government leadership and supervisory organs but remain independent from administrative bureaus and local governments. (CHRD)[x]
Law and Policy Watch
500 Prisoners Allowed Home for Spring Festival in Sichuan Province
Accord to a January 25, 2009 Legal Daily report, some 500 prisoners from 40 detention facilities across Sichuan Province were allowed to return home to spend Spring Festival with their families. Though the Sichuan prison system has experimented with this type of program before, this marks the first time such a large number of inmates were allowed to leave for visits. The prisoners, who were drawn from the minimal security population and had served more than half of their sentences, were selected to receive between 3 and 7 “vacation days” after completing numerous rounds of background checks. The Sichuan prison authorities announced plans to extend the program to Qingming Festival, Mid-Autumn Festival, and other traditional holidays. To ensure the prisoners’ timely return, prison officials have called upon local PSBs to aid in monitoring those selected to leave for visits. (Legal Daily)[xi]
Supreme People’s Court Begins Judicial Reform
According to a February 5 Legal System News Network report, the Supreme People’s Court convened a conference on February 4 to discuss the implementation of 12 specific reform tasks (including reform of the criminal, civil, and administrative procedural systems) as well as to set a plan for researching and implementing further steps in judicial reform. While CHRD welcomes attempts to address the litany of problems with China’s legal system, CHRD is wary of the ability of the judiciary, which enjoys very limited autonomy and is subject to political interference, to enact substantive and positive reforms on its own behalf. (Legal System News Network)[xii]
Authorities Encourage Local Officials to Institute “Basic Standards” for Petitioners
According to a February 1 Legal Daily report, central authorities recently issued a request that local officials standardize and systematize procedures for receiving petitioners. At the same time, authorities also requested national organs fix a date for cadres to research public opinion and supervise the resolution of problems with the letters and visits system. In recent years, administrative units and departments of the party and government in some places have instituted an “open door” policy to encourage visits from citizens, and this new request is intended to be an extension of this policy.
However, short of substantive reform of the deeply flawed letters and visits system, such half-measures are unlikely to have any real benefit. Rather that encouraging citizens to visit officials and vice-versa, the government would be better served by addressing the systematic intimidation and violence directed against petitioners. (Legal Daily)[xiii]
Notable CHRD Publications:
Re-education through Labor Abuses Continue Unabated: Overhaul Long Overdue
On February 10, CHRD issued “Re-education through Labor Abuses Continue Unabated: Overhaul Long Overdue,” its report on the state of the RTL system in China. The report traces the evolution of RTL, examines the myriad problems and abuses within the system, and offers a list of recommendations to the Chinese government. The report is based on extensive research, a survey of more than 1000 petitioners, and interviews with RTL detainees. The report is available online at https://www.nchrd.org/Article/Class9/Class11/200902/20090210224220_13575.html.
CHRD’s Letter to Secretary of State Clinton
On February 11, Chinese human rights activists affiliated with CHRD sent a letter to U.S. Secretary of State Hillary Clinton asking her to raise a number of critical human rights issues during her first trip to China on February 20. For the full text of this letter, please visit https://www.nchrd.org/Article/Class9/Class10/200902/20090212023011_13603.html.
CHRD Issues Report on Freedom of Association
On February 7, CHRD issued a report on the current situation of freedom of association in China, entitled “结社自由障碍重重，宪法权利亟待落实” (Numerous Obstacles to Freedom of Association, Urgent Need to Fulfill Constitutional Rights). The text, in Chinese, is available at https://www.nchrd.org/Article/Class1/200902/20090208125614_13525.html. In the coming weeks, CHRD will prepare an English-language report based on this original work.
Editors: Wang Songlian and David Smalls
[i] “Zhejiang ‘Charter 08’ Signatories Again Questioned by Police “(浙江部分《零八宪章》签署人再次遭警方询问), February 12 2009. <https://www.nchrd.org/Article/lingbaxianzhang/200902/20090212100830_13620.html>
[ii] China Human Rights Briefing: January I Edition <https://www.nchrd.org/Article/Class9/Class10/200901/20090119224938_13180.html>
[iii] “Internet Encyclopedia ‘Weiku’ Shut Down for Publishing ‘Charter 08’ Content” (网络百科全书《维库》因刊登《零八宪章》相关内容被迫关闭), February 2 2009. <https://www.nchrd.org/Article/lingbaxianzhang/200902/20090204220955_13423.html>
[iv] China Human Rights Briefing: January I Edition <https://www.nchrd.org/Article/Class9/Class10/200901/20090119224938_13180.html>
[v] “Beijing’s Cao Shunli and Many Others Repeatedly Request to Join “National Action Plan for Human Rights”, are Arrested” (北京曹顺利等多人再次要求参加《国家人权行动计划》被抓), February 6 2009. <https://www.nchrd.org/Article/Class53/200902/20090206153923_13487.html>
[vi] “Lawyer for Liu Xiaobo Submits Formal Request Demanding Details of Activist’s Detention”, February 12 2009. <https://www.nchrd.org/Article/Class9/Class10/200902/20090212040242_13604.html>
[vii] “Shanghai Dissident Dai Xuezhong Tries to Meet Friends, Put under House Arrest” (上海异议人士戴学忠会见朋友遭软禁), February 7 2009. <https://www.nchrd.org/Article/Class53/200902/20090207183655_13509.html>
[viii] “Fujian Judicial Administration Bureau’s Handling of Ji Sizun’s Case Violates Law” (福建司法部门违法办理纪斯尊案), February 15 2009. https://www.nchrd.org/Article/Class53/200902/20090215234621_13707.html
[ix] “Old Wuhan Petitioner Liao Desi Attacked on Chinese New Year’s” (武汉老上访户廖德四春节遭砍伤),February 2 2009. < https://www.nchrd.org/Article/fmzj/200902/20090202183706_13398.html>
[x] “Ten Thousand Citizens Sign Application to Establish Chinese Citizens Government Oversight Committees”(万人联署申请成立中国公民监政会建议书), February 13 2009. <https://www.nchrd.org/Article/Class53/200902/20090213111354_13655.html>
[xi] “Sichuan Moves Forward with Prison Sentencing Socialization; 500 Prisoners Return Home for New Year’s ” (四川省推进监狱行刑社会化 500名服刑人员回家过年), January 25 2009. <http://www.legaldaily.com.cn/0801/2009-01/25/content_1026684.htm>.
[xii] “Supreme People’s Court Begins Reform of Judicial System; No Time for Delay in Carrying out this Just Mission” (最高法院全面启动司法改革 正义的使命和职责不能懈怠), February 5 2009. <http://www.chinalnn.com/Html/Article/Class1/Class2/12886720090205092555.html >.
[xiii] “Central Authorities Will Accept Rise in Petitioners as “Compulsory Exercise,” “Minimal Standards” Issued” (中央将接访上升为”规定动作” 提出”最低标准), February 1 2009. <http://www.legaldaily.com.cn/0801/2009-02/01/content_1026887.htm>
[1] “Zhejiang ‘Charter 08’ Signatories Again Questioned by Police “(浙江部分《零八宪章》签署人再次遭警方询问), February 12 2009. <https://www.nchrd.org/Article/lingbaxianzhang/200902/20090212100830_13620.html>
[1] China Human Rights Briefing: January I Edition <https://www.nchrd.org/Article/Class9/Class10/200901/20090119224938_13180.html>
[1] “Internet Encyclopedia ‘Weiku’ Shut Down for Publishing ‘Charter 08’ Content” (网络百科全书《维库》因刊登《零八宪章》相关内容被迫关闭), February 2 2009. <https://www.nchrd.org/Article/lingbaxianzhang/200902/20090204220955_13423.html>
[1] China Human Rights Briefing: January I Edition <https://www.nchrd.org/Article/Class9/Class10/200901/20090119224938_13180.html>
[1] “Beijing’s Cao Shunli and Many Others Repeatedly Request to Join “National Action Plan for Human Rights”, are Arrested” (北京曹顺利等多人再次要求参加《国家人权行动计划》被抓), February 6 2009. <https://www.nchrd.org/Article/Class53/200902/20090206153923_13487.html>
[1] “Lawyer for Liu Xiaobo Submits Formal Request Demanding Details of Activist’s Detention”, February 12 2009. <https://www.nchrd.org/Article/Class9/Class10/200902/20090212040242_13604.html>
[1] “Shanghai Dissident Dai Xuezhong Tries to Meet Friends, Put under House Arrest” (上海异议人士戴学忠会见朋友遭软禁), February 7 2009. <https://www.nchrd.org/Article/Class53/200902/20090207183655_13509.html>
[1] “Fujian Judicial Administration Bureau’s Handling of Ji Sizun’s Case Violates Law” (福建司法部门违法办理纪斯尊案), February 15 2009. https://www.nchrd.org/Article/Class53/200902/20090215234621_13707.html
[1] “Old Wuhan Petitioner Liao Desi Attacked on Chinese New Year’s” (武汉老上访户廖德四春节遭砍伤),February 2 2009. < https://www.nchrd.org/Article/fmzj/200902/20090202183706_13398.html>
[1] “Ten Thousand Citizens Sign Application to Establish Chinese Citizens Government Oversight Committees”(万人联署申请成立中国公民监政会建议书), February 13 2009. <https://www.nchrd.org/Article/Class53/200902/20090213111354_13655.html>
[1] “Sichuan Moves Forward with Prison Sentencing Socialization; 500 Prisoners Return Home for New Year’s ” (四川省推进监狱行刑社会化 500名服刑人员回家过年), January 25 2009. <http://www.legaldaily.com.cn/0801/2009-01/25/content_1026684.htm>.
[1] “Supreme People’s Court Begins Reform of Judicial System; No Time for Delay in Carrying out this Just Mission” (最高法院全面启动司法改革 正义的使命和职责不能懈怠), February 5 2009. <http://www.chinalnn.com/Html/Article/Class1/Class2/12886720090205092555.html >.
[1] “Central Authorities Will Accept Rise in Petitioners as “Compulsory Exercise,” “Minimal Standards” Issued” (中央将接访上升为”规定动作” 提出”最低标准), February 1 2009. <http://www.legaldaily.com.cn/0801/2009-02/01/content_1026887.htm>