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Human Rights Issues
31.07.2008 - Source: Human Rights in China
Authorities have cracked down on rights activists, restricting their movement in preparation for the Olympics ("Monthly brief; July 2008") [ID 24673]
"Throughout late June and early July, there have been ongoing infringements on the rights of rights defense lawyers, including delaying law license renewals, limiting their ability to meet with their clients, and stopping a group of prominent lawyers from meeting with two visiting U.S. Congressmen.[...]
Furthermore, authorities have cracked down on other rights activists, restricting their movement in preparation for the Olympics. Many activists and dissidents have been put under house arrest, questioned, told to leave Beijing during the Olympics, or even imprisoned."
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31.07.2008 - Source: Human Rights in China
Investigations into the schools that collapsed during the Sichuan earthquake has lead to the detention of many rights defenders ("Monthly brief; July 2008") [ID 24674]
"Investigations into the schools that collapsed during the Sichuan earthquake has lead to the detention of many rights defenders. On June 9, university staff member Zeng Hongling was detained on suspicion of subversion after publishing essays on overseas Chinese websites that link the collapsed school buildings with corruption. In addition, Liu Shaokun, a teacher of Guanghan Middle School, Deyang City, Sichuan Province, was detained on June 25 and sentenced to one year of Reeducation-Through-Labor for taking photos of collapsed school buildings and posting them online. In a media interview before his detention, he expressed his anger at “the shoddy tofu buildings.”"
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06.2008 - Source: Congressional-Executive Commission on China
Harassment of Beijing-based activists during the U.S.-China Human Rights Dialogue ("China Human Rights and Rule of Law Update (June 2008)") [ID 23949]
"According to a May 26 Chinese Human Rights Defenders (CHRD) article and a May 28 Associated Press (AP) article, Beijing activists reported they were harassed, subjected to surveillance, and warned not to meet with the U.S. officials present in Beijing for the U.S.-China bilateral human rights dialogue.
* On May 24, AIDS activist Wan Yanhai was contacted by the Beijing Public Security Bureau's National Security Unit and was told that he would be subjected to heightened surveillance over the next several days, according to the CHRD article. On May 25, Wan reported, in an essay circulated online (a Chinese version has been reprinted on the U.S.-based Secret China Web site; a blogger in Canada also posted an English version), that a police car was parked in front of his door and followed him wherever he went. Wan wrote: "If it were not for the police visit, I would not have known there was going to be a Sino-U.S. human rights dialogue. My neighbors heard from police that some international VIPs are coming."
* On May 23 and 24, Zeng Jinyan, human rights activist and wife of Hu Jia, was reportedly told by the National Security police that they were watching her more closely and would prevent her from leaving her home because "a U.S. delegation wants to meet you," according to the CHRD article.
* Human rights lawyer Zhang Xingshui declined an invitation to a May 27 working lunch with Assistant Secretary of State David Kramer after police visited his home on May 25 as reported in a May 27 USA Today article. According to the article, Zhang said: "They persuaded me not to meet the U.S. visitors. They did not say what would happen, but maybe they will give pressure to my work. . . . I am afraid, so I have to give up this opportunity."
* Well-known rights defense lawyer Mo Shaoping was also warned not to accept an invitation to the May 27 lunch. According to the AP report, Mo said he went anyway.
* Many other Beijing activists were also placed under surveillance in connection with the U.S.-China human rights dialogue, including a member of the China Democracy Party, religious rights activists, and veterans of the 1989 Tiananmen protests, as reported by the CHRD article."
Document(s):
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06.2008 - Source: Congressional-Executive Commission on China
Authorities continue to harass HIV/AIDS advocates ("China Human Rights and Rule of Law Update (June 2008)") [ID 23951]
"Chinese authorities have made significant progress in their efforts to combat the spread of HIV/AIDS since 2003, but at the same time continue to harass HIV/AIDS advocates. Authorities reportedly ordered the closure of the "AIDS Museum" Web site, www.aidsmuseum.cn, according its founder, Chang Kun, in a May 7 Radio Free Asia interview. Chang, an HIV/AIDS activist, said he received a phone call on May 6 from the site's Internet Service Provider (ISP) saying that the local public security bureau's Internet surveillance division reportedly ordered the site closed because it contained information about "firearms and ammunition."
Shaanxi province officials reportedly shut down another Web site, AIDS Wikipedia, also founded by Chang from February 20 to March 12, according to a Radio Free Asia interview on February 22 reported in The Epoch Times and Chang's personal Web page. In the interview, Chang said the closure by the local public security bureau's Internet surveillance division was due to his article about farmland confiscation in Anhui province.
The closure of Chang's Web sites follows other instances over the past year where officials harassed HIV/AIDS activists and curbed their online activities."
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28.05.2008 - Source: Amnesty International
Human rights defenders and their relatives, including children, were increasingly subject to harassment, including surveillance, house arrest and beatings ("Annual Report 2008") [ID 23542]
"While space for civil society activities continued to grow, the targeting of human rights defenders who raised issues deemed to be politically sensitive intensified. The authorities criminalized the activities of human rights activists by charging them with offences such as damaging public property, extortion and fraud.
Human rights defenders and their relatives, including children, were increasingly subject to harassment, including surveillance, house arrest and beatings by both government officials and unidentified assailants. Lawyers were particularly targeted, and an increasing number had their licence renewal application rejected.
Defence lawyer and human rights activist Gao Zhisheng remained under tight police surveillance throughout the year after his conviction in December 2006 for “inciting subversion”. Between 24 June and 4 July and again between 22 September and early November, he was held incommunicado and tortured in unknown locations, before being returned to house arrest in Beijing.
Human rights lawyer Li Heping was abducted by unidentified individuals in late September, beaten for several hours and told to stop his human rights work. He was then released.
Several activists died either in detention or shortly after their release."
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28.04.2008 - Source: Human Rights Watch
Report on the situation of lawyers ("Walking on Thin Ice. Control, Intimidation and Harassment of Lawyers in China") [ID 24159]
international standards for lawyers; legal rule and party rule; violence against lawyers; intimidation; prosecution for perjury; limits on ability to represent clients; control over lawyers licenses
Document(s):
Press Release
Report
01.04.2008 - Source: Amnesty International
Report on repressive measures against human rights defenders, as well as against protesters in Tibet and surrounding regions ("The Olympics countdown – crackdown on activists threatens Olympics legacy [ASA 17/050/2008]") [ID 24160]
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11.03.2008 - Source: US Department of State
Government maintained tight controls over civil society organizations and increased measures aimed at supervising and controlling them ("Country Report on Human Rights Practices 2007") [ID 23277]
"The law provides for freedom of association, but the government restricted this right in practice. CCP policy and government regulations require that all professional, social, and economic organizations officially register with, and be approved by, the government. In practice these regulations prevented the formation of truly autonomous political, human rights, religious, spiritual, labor, and other organizations that might challenge government authority.
The government maintained tight controls over civil society organizations and over the past three years increased measures aimed at supervising and controlling them. In 2005 authorities established a task force to increase scrutiny over NGOs, especially those with links overseas. Published reports stated the task force was aimed at blocking NGOs from fomenting political change. International foundations, NGOs involved in social and charitable activities, and groups dedicated to combating discrimination against women, persons with disabilities, and minorities were reportedly targets of the campaign, along with organizations that focused on human rights and labor issues.
To register, an NGO must find a government agency to serve as the NGO's organizational sponsor, have a registered office, and hold a minimum amount of funds. Organizations with social or educational purposes that previously had been registered as private or for-profit businesses reportedly were requested to find a government sponsor and reregister as NGOs during the year. Although the registered organizations all came under some degree of government control, some NGOs were still able to operate with some degree of independence.
Despite tight restrictions and regulations, the number of civil society organizations continued to grow. According to official statistics, by the end of 2006, there were 354,000 registered civil society organizations. The World Bank estimated that there were between 300,000 and 700,000 NGOs, a significant increase from 4,800 in 1988. Other experts estimated that, including both registered and unregistered groups, there were perhaps as many as eight million quasi-governmental organizations and NGOs. Civil society organizations existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP."
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11.03.2008 - Source: US Department of State
NGOs that disregarded guidelines and unregistered groups that continued to operate could face administrative punishment or criminal charges ("Country Report on Human Rights Practices 2007") [ID 23278]
"Authorities supported the growth of some civil society organizations that addressed social problems, such as poverty alleviation. However, authorities remained cautious that these organizations might emerge as a source of political opposition among disgruntled citizens. A student-led NGO called Xinjiang Snow Lotus, which advocated on behalf of AIDS and Hepatitis B patients, was shut down in October 2006 on the claim that it was not formally registered as an NGO. Snow Lotus' founder, Chang Kun, was expelled from his university. In November 2006 Shenzhen officials investigated 12 grassroots labor rights organizations that were working together to overturn a regulation concerning labor arbitration, ultimately shutting down two of them. A number of NGOs had support from foreign secular and religious NGOs, and several were able to undertake limited advocacy roles in public interest areas such as women's issues, the environment, health, and consumer rights. According to government guidelines, NGOs must not advocate nonparty rule, damage national unity, or upset ethnic harmony. Groups that disregarded guidelines and unregistered groups that continued to operate could face administrative punishment or criminal charges."
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11.03.2008 - Source: US Department of State
Government did not permit independent domestic NGOs to monitor openly or to comment on human rights conditions; existing domestic NGOs were harassed ("Country Report on Human Rights Practices 2007") [ID 23371]
"The government sought to maintain control over civil society groups, halt the emergence of independent NGOs, and prevent what it has called the "westernization" of China. The government did not permit independent domestic NGOs to monitor openly or to comment on human rights conditions; existing domestic NGOs were harassed. The government tended to be suspicious of independent organizations and increased scrutiny of NGOs with links overseas. Most large NGOs were quasigovernmental in nature, and all NGOs had to be sponsored by government agencies.
An informal network of activists around the country continued to serve as a credible source of information about many human rights violations. The information was disseminated through organizations such as the Hong Kong-based Information Center for Human Rights and Democracy and the foreign-based Human Rights in China."
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06.2007 - Source: Freedom House
Nongovernmental organizations are required to follow strict regulatory guidelines ("Freedom in the World 2007") [ID 20403]
"Freedom of assembly is severely restricted in China. Nongovernmental organizations are required to register with the government and follow strict regulatory guidelines, with the constitution specifically prohibiting activities that undermine “party leadership” or go against the “interests of the state.”"
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06.2007 - Source: Freedom House
Cases of extrajudicial and politically motivated murder, torture, beating, and arbitrary arrest continue to be reported ("Freedom in the World 2007") [ID 20407]
"Though in most cases security forces are under direct civilian control, misuse of authority remains frequent, and human rights violations are widespread. Cases of extrajudicial and politically motivated murder, torture, beating, and arbitrary arrest continue to be reported. In August 2006, human rights activist Chen Guangcheng was jailed for four years and his conviction upheld in a rare retrial in December 2006; AIDS activist Hu Jia was detained in September and has been held under house arrest since November; and anticorruption crusader Guo Feixiong was arrested in October. Lawyers who are overly vocal in defending the rights of their clients are frequently harassed or detained. Civil rights lawyer Gao Zhisheng was arrested in October 2006, although in December 2006, he received a lighter sentence than was expected: three years with a five-year suspension."
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23.05.2007 - Source: Amnesty International
Government crackdown on lawyers and housing rights activists intensified ("Annual Report 2007") [ID 20010]
"The government crackdown on lawyers and housing rights activists intensified. Many human rights defenders were subjected to lengthy periods of arbitrary detention without charge, as well as harassment by the police or by local gangs apparently condoned by the police. Many lived under near constant surveillance or house arrest and members of their families were increasingly targeted. New regulations restricted the ability of lawyers to represent groups of victims and to participate in collective petitions.
• Gao Zhisheng, an outspoken human rights lawyer, had his law practice suspended in November 2005. He was detained in August 2006 and remained in incommunicado detention at an unknown location until his trial in December 2006. In October he was formally arrested on charges of "inciting subversion", and in December he was sentenced to three years' imprisonment, suspended for five years."
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14.03.2007 - Source: World Organisation Against Torture
To gather in order to demand that fundamental freedoms be respected remaines very difficult ("Steadfast in Protest; Annual Report 2006") [ID 19510]
"In China, it also remained very difficult to gather in order to denounce human rights violations or to demand that fundamental freedoms be respected. For instance, during the 17th anniversary of the 1989 crackdown, the police intensified the harassment and surveillance of participants, as well as of all pro-democracy activists and human rights defenders4. On June 4, 2006, over 20 relatives of the persons killed on June 4, 1989, and who had peacefully gathered in the Wan-an cemetery, were watched and filmed by about 20 plain-clothes police officers5. Likewise, on September 26, 2006, 32 peasants from the town of Chibi, Hubei province, went to Beijing to call for an inquiry into acts of corruption related to the compensation they should have received after being evicted from their homes because of a dam-construction project. Following the refusal of the authorities to grant their request, the peasants decided to kneel in Tiananmen Square in order to draw attention to their cause. The police then immediately sent them back to Chibi, and their leader, Mr. Zhou Zhirong, was detained until October 1, 2006."
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14.03.2007 - Source: World Organisation Against Torture
Legislation is increasingly used to silence and control all dissenting voices ("Steadfast in Protest; Annual Report 2006") [ID 19511]
"In China, legislation was increasingly used to silence and control all dissenting voices, in particular those of lawyers defending sensitive issues, i.e. political causes or those related to social protest movements. For example, under Article 306 of the Criminal Code, Article 38 of the Code of Criminal Procedure and Article 45 of the Law on Barristers, Public Prosecutors can arrest lawyers for “perjury” and “false testimony”, and sentence them to up to seven years’ imprisonment21. Chinese authorities also resorted to legislation relative to State secrets to restrict access to information. Indeed, the concept of State secret is not limited to national security matters, but covers, in practice, all information of which the disclosure has not first been approved by the authorities. The charge of “divulging State secrets” was thus repeatedly invoked to prosecute people who attempted to disseminate information on human rights violations, including lawyers. Furthermore, on March 20, 2006, the Association of Chinese Lawyers (ACLA) published a Guiding Opinion on Lawyers Handling Collective Cases, i.e. on cases involving more than ten people. Lawyers contravening these rules are liable to sanctions by the Association or legal departments. The Guide also warns lawyers against participating or encouraging their clients to participate in petitions addressed to governmental agencies, and against contacting foreign organisations and media. These “collective cases” refer to land conflicts and the ensuing social movements, but also cases linked to protests against tax hikes, the demolition of buildings, or environmental pollution. The Guide adds to local regulations such as those adopted in the Henan province (which specify in particular that lawyers are not allowed to express their point of view in the press), in the city of Shenyang, or in Shenzen. In such a context, lawyers were often discouraged from defending the rights of citizens against government authorities."
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14.03.2007 - Source: World Organisation Against Torture
Defenders denouncing forced evictions continued to be relentlessly repressed ("Steadfast in Protest; Annual Report 2006") [ID 19512]
"In China, defenders denouncing forced evictions continued to be relentlessly repressed. Indeed, countless large-scale urban renovation projects in all large cities led to massive forced evictions. Protest movements considerably developed, and were violently suppressed. Repression was particularly severe against those considered to be the leaders of the protests, and the lawyers who defended them. Mr. Huang Weizhong for instance, a defender of peasants’ rights in Putian, was found guilty of having “gathered a crowd with the intention of disturbing public order” by the Court of the Chengxiang district, and sentenced to three years’ imprisonment on May 17, 2006. Likewise, Mr. Niu Yuchang, director of the “Sancundadi” Institute of Social Studies in Beijing, was placed under house arrest in July 2006 after having investigated and documented violations committed against peasants who had been protesting against their forced eviction since 2000. Mr.Niu Yuchang has been regularly detained, placed under house arrest or placed in a psychiatric hospital because of his activities."
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14.03.2007 - Source: World Organisation Against Torture
Activists involved in the fight against HIV/AIDS were often the victims of acts of harassment ("Steadfast in Protest; Annual Report 2006") [ID 19513]
"In addition, activists involved in the fight against HIV/AIDS were often the victims of acts of harassment, because they raised the question of the responsibility of the authorities in the development of the epidemic, in particular through contaminated blood transfusions. For example, Mr. Hu Jia, an HIV/AIDS activist in Shanghai and cofounder and former director of the Aizhixing Institute for Health Education, was detained from February 16 to March 28, 2006. In addition, on October 18, 2006, authorities from the autonomous region of Xinjiang ordered the closing down of Snow Lotus, an unregistered NGO fighting AIDS."
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14.03.2007 - Source: World Organisation Against Torture
Repression of defenders of the right to the environment ("Steadfast in Protest; Annual Report 2006") [ID 19514]
"Lastly, the repression also applied to defenders of the right to the environment, whose activities threaten the economic interests of private actors, generally in collusion with local governments. For instance, Mr. Sun Xiaodi was briefly detained in April 2006. For the past 10 years, he has been denouncing the radioactive contamination caused by a uranium mine in the autonomous Tibetan Prefecture of Gannan (Gansu), and in particular the illegal reselling of contaminated material and the existence of illegal mining activities. Since then, he has been under constant police surveillance, and his wife and daughter have also been subjected to acts of harassment. In addition, on August 11, 2006, Mr. Tan Kai, one of the founders of the environmental NGO Green Watch, was sentenced to 18 months’ imprisonment by the People’s Intermediate Municipal Court of Hangzhou for “illegally obtaining State secrets”."
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06.03.2007 - Source: US Department of State
Lawyers and Activists ("Country Report on Human Rights Practices 2006") [ID 18969]
"Officials deployed a wide range of tactics to obstruct the work of lawyers representing sensitive clients, including unlawful detentions, disbarment, intimidation, refusal to allow a case to be tried before a court and physical abuse. According to the law, defense attorneys can be held responsible if their client commits perjury, and prosecutors and judges have wide discretion to decide what constitutes perjury. According to the All-China Lawyers Association, since 1997 more than 500 defense attorneys have been detained. More than 80 percent were acquitted, but the prosecutions nevertheless had a chilling effect on attorneys' willingness to handle controversial defense cases. In 1990 Beijing attorneys handled an annual average of 2.64 criminal cases; by 2000 the figure had dropped to 0.78. Nationwide, attorneys handled an average of only 0.72 criminal cases in 2004.
On June 10, blind legal activist Chen Guangcheng, who publicized local officials' abuses in family planning policies, was formally arrested after nine months of informal house arrest. Local officials physically abused Chen several times after he tried to file lawsuits objecting to their abuses. Officials threatened attorneys and law professors who rallied to defend Chen. In June and July, local authorities obstructed attempts by lawyers to gather evidence in Chen Guangcheng's defense. The night before Chen's August 18 trial, local authorities detained Chen's lawyers on spurious charges, which were later dropped. The following day, court-appointed attorneys effectively conceded the case against Chen. On August 24, Chen was sentenced to four years' and three months' imprisonment on dubious charges of obstructing traffic and inciting others to destroy public property. Chen's case was later remanded for retrial, where he was represented by his own lawyers. However, courts affirmed Chen's original conviction and sentence on retrial and then again on appeal.
In February lawyer Tang Jingling was beaten by thugs after visiting Guo Feixiong, who was under house arrest after helping villagers attempt to recall the elected village head of Taishi, Guangdong Province. Police refused to investigate the incident. In April Tang, who had begun practicing law at a second firm, was stripped of his license to practice law and dismissed from that law firm."
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06.03.2007 - Source: US Department of State
Task force established to increase scrutiny over NGOs ("Country Report on Human Rights Practices 2006") [ID 19094]
"Authorities established a task force in 2005 to increase scrutiny over NGOs, especially those with links overseas. Published reports said the task force was part of a campaign initiated in response to the "color revolutions" in former Soviet republics and aimed to block NGOs from fomenting political change. Security ministries participated in this task force and questioned representatives of domestic and international NGOs about their activities. International foundations, NGOs involved in social and charitable activities, and groups dedicated to combating discrimination against women, persons with disabilities, and minorities were targets of the campaign, along with organizations that focused on human rights issues.
Since 2004 according to official statistics, the number of registered NGOs increased from 288,936 to 317,000. NGOs were required to register with the government. To register, an NGO must find a government agency to serve as the NGO's organizational sponsor, have a registered office, and hold a minimum amount of funds. Organizations with social or educational purposes that had previously been registered as private or for-profit businesses reportedly were requested to find a government sponsor and reregister as NGOs during the year (see section 4). Experts estimated that, including both registered and unregistered groups, there were perhaps as many as eight million quasi-governmental organizations and NGOs."
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01.2007 - Source: Human Rights Watch
Human rights defenders ("World Report 2007") [ID 18568]
"As human rights defenders in China have become more adroit at documenting abuses, Chinese authorities, who have never tolerated independent monitoring, have retaliated with harassment, unlawful detention, banishment from Beijing, and long prison sentences, often on trumped-up charges.
Authorities have particularly targeted a small, loosely-organized network of lawyers, legal academics, rights activists, and journalists, known as the weiquan movement, which aims to pursue social justice and constitutional rights through litigation. The movement focuses on housing rights, family planning abuses, land seizures, workers’ rights, and police abuse, among other issues.
Defenders who attempt to track abuses against other activists are particularly vulnerable. Since mid-July 2006, Hu Jia has been held under house arrest and repeatedly taken by the police for interrogation. Chen Guangcheng, a blind legal activist who exposed abuses connected to family planning was sentenced in August to more than four years in prison on charges of obstructing traffic. In apparent response to considerable international attention, the appellate court in November ordered a retrial, though Chen remains in jail. After many months of house arrest, police harassment, and threats, Gao Zhisheng, a prominent human rights lawyer, was arrested in October 2006 on state security charges of “inciting subversion.” At this writing, Beijing police continued to deny Gao’s lawyer permission to visit him. Legal activist Yang Maodong (also known as Guo Feixiong), who was assisting Guangdong villagers resist land seizures, was formally arrested in September 2006 on charges of “illegal business activities.” In June 2006, a local court sentenced Huang Weizhong, elected by villagers in Fujian to protest land acquisition procedures, to three years in prison."
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12.2006 - Source: Congressional-Executive Commission on China
Government's recognition of the need to address the threat of HIV/AIDS is often outweighed by its desire to maintain control over civil society groups ("China Human Rights and Rule of Law Update (December 2006)") [ID 19567]
"Repeated government custody of AIDS activists such as Wan, Li, and Hu Jia demonstrate that the government's recognition of the need to address the threat of HIV/AIDS is often outweighed by its desire to maintain control over civil society groups and halt the emergence of independent organizations. This is also not the first time the Chinese government has interfered with, and harassed participants of, international conferences. In May 2005, Chinese government authorities abruptly canceled a planned international academic conference on constitutionalism and democracy that was jointly organized by Fordham University and the China University of Politics and Law. In June 2005, security officers in Beijing detained the executive director of a respected U.S. human rights NGO after she attended a seminar associated with the EU-China bilateral human rights dialogue."
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23.10.2006 - Source: Amnesty International
Human rights lawyer Gao Zhisheng arrested on charges of "inciting subversion"; he is still held at an unknown location and has no access to his lawyer or family ("Further Information on Urgent Action 14/06 (ASA 17/001/2006, 19 January 2006) and follow-up (ASA 17/047/2006, 22 August 2006) [ASA 17/055/2006]") [ID 17827]
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17.10.2006 - Source: World Organisation Against Torture
Shanghai: Lawyer and human rights defender put under house arrest and constant police surveillance after his release from prison; he served 3-year prison term for illegally providing state secrets overseas ("Further acts of harassment against Mr. Zheng Enchong [CHN 001 / 0803 / OBS 041.10]") [ID 17829]
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17.10.2006 - Source: World Organisation Against Torture
Reportedly arbitrary detention of petitioners for Communist Party Congress ("Detención arbitrarias de petitionarios por el congreso del partido [CHN 171006]") [ID 17830]
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13.10.2006 - Source: BBC News
Chinese rights lawyer being investigated for allegedly inciting subversion, his lawyer says ("China lawyer held for incitement") [ID 17831]
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06.10.2006 - Source: Human Rights in China
Report on the role of rights defense lawyers and scholars who influence legal and political discourse behind the scenes ("Human Rights Lawyers and the Rule-of-Law Camp") [ID 17832]
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06.10.2006 - Source: Human Rights in China
Report on official suppression against lawyers in the context of their role in defending rights ("The Need for a United Front on Rights Defense") [ID 17833]
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06.10.2006 - Source: Human Rights in China
Lawyer Chen Guangcheng sentenced to 4 years and 3 months in prison on charges of destruction of property and assembling a crowd to disrupt traffic; his lawyer was detained before his trial, Chen was represented by court-appointed lawyers ("Chen Guangcheng and Wen Jiabao: Power Vs. Human Rights") [ID 17834]
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06.10.2006 - Source: Human Rights in China
Suppressive acts by authorities mounting; rights activist calls for non-violent response ("Facing the Threat") [ID 17835]
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06.10.2006 - Source: Human Rights in China
On 4 February lawyer began hunger strike to draw attention to detentions and beatings of rights defenders; accumulation of participants in hunger strike spurred rash of detentions ("Choosing Our Battles") [ID 17836]
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06.10.2006 - Source: Human Rights in China
Petitioner for displaced peasants permanently crippled by physical assault in June ("The Case of Fu Xiancai") [ID 17837]
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06.10.2006 - Source: Human Rights in China
Draft law could further restrict media and human rights defenders ("Draft Emergency Response Law Bodes Ill for Civil Society") [ID 17893]
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10.2006 - Source: Amnesty International
Human rights activist Chen Guangcheng sentenced to 4 years and 3 months in prison; he has been charged with “damaging public property and gathering people to block traffic” and was detained incommunicado for 3 months ("Prisoner of conscience sentenced") [ID 17838]
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21.09.2006 - Source: BBC News
Human rights activists reportedly continue to be harassed and those facing the death penalty are apparently not getting fair trials ("China 'failed human rights vow'") [ID 17839]
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21.09.2006 - Source: Amnesty International
"Guiding Opinion on Lawyers handling Mass Cases" tightens official controls on lawyers ("The Olympics countdown – failing to keep human rights promises [ASA 17/046/2006]") [ID 19318]
"Amnesty International is concerned that a recent "Guiding Opinion on Lawyers handling Mass Cases", announced by the official All China Lawyers Association (ACLA) in May 2006, tightens official controls on lawyers representing groups of victims bring lawsuits against local officials and others in connection with various injustices, including alleged land expropriation, forced evictions and other human rights violations.(41) The Opinion states that lawyers should report to the Lawyers Association for ‘support, supervision and guidance’ (zhichi, zhidao he jiandu) as soon as they have taken on a ‘mass case’. The Opinion also warns lawyers not to encourage or participate in mass petitions to administrative offices, and advises a ‘cautious approach’ (shenzhong duidai)in contacts with overseas organizations and the media.
The ruling follows official announcements by the Ministry of Public Security earlier this year that there were 87,000 protests, demonstrations and other ‘public order disturbances’ in 2005, compared with 74,000 in 2004.(42) While the Opinion formally recognizes the role that lawyers play in helping to resolve disputes, Amnesty International is concerned that the practical effect of the ruling will be to erode the ability of individual lawyers or law offices to act independently. This is likely to dissuade lawyers from representing victims of human rights violations at the local level, or hamper their ability to assist victims to present an effective defence.
This ruling also appears to conflict with other recent moves by the ACLA to push for lawyers to be given greater rights of representation, including prompt, guaranteed and unfettered access to their clients in police detention. The ACLA filed a proposal with the Standing Committee of the National People’s Congress to amend the Criminal Procedure Law (CPL) to this effect in July 2006.(43) Currently under the CPL, access to a lawyer during the investigation stage of pre-trial detention is not a guaranteed right to all suspects and remains firmly at the discretion of the investigating authorities.(44) In practice, very few detainees have a legal representative during the investigation stage of detention, leaving suspects highly vulnerable to torture or ill-treatment. According to prominent lawyer Mo Shaoping, who has defended numerous dissidents and rights activists, only 30 per cent of criminal suspects are currently represented by a lawyer, with the rate falling to 10 per cent in some parts of China.(45) Review of the CPL is reported to be on the legislative agenda of the NPC but progress has been slow and it remains unclear exactly what changes will be formally proposed."
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20.09.2006 - Source: Congressional-Executive Commission on China
Human rights defenders ("Annual Report 2006") [ID 17379]
see report for further details - Chapter V(b)
"• In 2006, Chinese authorities increased restrictions on lawyers who work on politically sensitive cases or cases that draw attention from the foreign news media. Law enforcement officials intimidated lawyers defending these cases by chargingthem, or threatening to charge them, with various crimes. Since mid-2005, local authorities have also used harassment and violent measures against those who participated in criminal or civil rights defense in sensitive matters. Beijing lawyer Zhu Jiuhu was detained during the past year. Self-trained legal advocate Chen Guangcheng was sentenced on August 24, 2006, to four years and three months’ imprisonment, and Shanghai lawyer Zheng Enchong is currently under house arrest after being released from prison on June 5, 2006. Beijing lawyer Gao Zhisheng has been held incommunicado since authorities reportedly abducted him on August 15 from his sister’s home in Shandong province. Guo Feixiong, who served as a legal advisor to Gao’s law firm, was arrested and later released in late 2005, and is currently in detention after being taken from his home on September 14."
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07.09.2006 - Source: BBC News
Beijing: Human rights activist and AIDS campaigner Hu detained by police; he reportedly collects data on the detention of activists and has been under house arrest since July 2006 ("Chinese rights activist detained") [ID 17841]
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01.09.2006 - Source: World Organisation Against Torture
A lawyer involved in denouncing use of violence by authorities of Linyi, Shangdong province, in implementing birth planning policies, sentenced to 4 years and 3 months imprisonment; he was denied access to lawyers; on 18 August one lawyer was beaten up and taken into custody for 22 hours ("Sentencing of Mr. Chen Guangcheng [CHN 006 / 0706 / OBS 087.2]") [ID 17844]
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23.08.2006 - Source: Human Rights Watch
Lawyers defending human rights and exposing the absence of an independent judiciary increasingly being under attack from state authorities ("Government Must End Crackdown on Lawyers") [ID 17846]
Document(s):
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22.08.2006 - Source: Amnesty International
Shandong Province: Human rights lawyer Gao Zhisheng detained by police on 15 August and believed to be held incommunicado at unknown location being at risk of torture or ill-treatment ("Further Information on UA 14/06 (ASA 17/001/2006, 19 January 2006) [ASA 17/047/2006]") [ID 17850]
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18.08.2006 - Source: BBC News
One-child policy: Trial of a activist who raised concerns about forced abortion and sterilisation; before the trial, 3 lawyers connected to his case were arrested, 2 meanwhile released ("China abortion activist on trial") [ID 17860]
Document(s):
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18.08.2006 - Source: International Federation for Human Rights
Shangdong province: Trial of lawyer involved in denouncing extensive use of violence by authorities of Linyi in implementation of birth planning policy to open soon; he was reportedly charged with “deliberate destruction of property” and “organising a mob to disrupt traffic” ("Arbitrary detention / Judicial proceedings - CHN 006 / 0706 / OBS 087.1") [ID 17862]
Document(s):
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10.08.2006 - Source: Amnesty International
Beijing: HIV/ AIDS activist Xige detained by police in July while trying to lobby the national Ministry of Health for compensation for those who have contracted HIV/ AIDS from blood transfusions; she could be at risk of torture or ill-treatment and is reportedly being denied access to regular medical care that she needs ("Urgent Action 217/06 [ASA 17/043/2006]") [ID 17863]
Document(s):
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03.08.2006 - Source: Amnesty International
Human rights defender Zheng Enchong was released in June after serving 3 years in prison; since his release he was detained 4 times and intimidated by authorities ("Further Information on Urgent Action 315/05 (ASA 17/047/2005, 14 December 2005) [ASA 17/041/2006]") [ID 17004]
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23.05.2006 - Source: Amnesty International
Human rights defenders ("Annual Report 2006") [ID 17357]
"Individuals continued to use China’s petitioning system, and sometimes the courts, in an attempt to obtain redress for various abuses. However, fundamental weaknesses in both systems left many without redress, fuelling an increase in social protests throughout the country. New regulations were introduced in May in a stated attempt to provide better protection for the interests of petitioners but these appeared to have little impact on resolving complaints.
Informal networks of rights defenders publicly lobbied the authorities and the international community about various abuses. However, the authorities continued to use broadly defined national security offences to prosecute and imprison activists, including lawyers, petitioners and housing rights advocates. Civil society organizations continued to grow in number and effectiveness. However, controls were tightened to curtail the activities of those who challenged official policies.
Hou Wenzhuo, director of the non-governmental Empowerment and Rights Institute, was subjected to numerous abuses in connection with her human rights activities, including eviction from her home and office in Beijing and arbitrary detention by the police in southern China. Her work included investigating reports of illegal land expropriation from farmers in Foshan, Guangdong province. She fled China in October in fear of further arbitrary detention by the police."
Document(s):
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12.04.2006 - Source: Human Rights in China
Report on risks for environmental activists (restrictions on freedom of movement, imprisonment for activists, corruption, missing labour rights) ("The Case of Sun Xiaodi") [#49730], [ID 17136]
Document(s):
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12.04.2006 - Source: Human Rights in China
Prisoner profile of human rights activist Xu Wanping (repeated imprisonment, work in labour camps) ("Prisoner Profile: Xu Wanping") [#49735], [ID 17137]
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22.03.2006 - Source: World Organisation Against Torture
Annual Report 2005 of the Observatory of the Protection of Human Rights Defenders on human rights, civil society and the situation of human rights defenders per continent and country (contains case studies) ("Steadfast in Protest; Annual Report 2005") [#47216], [ID 3842]
Document(s):
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24.02.2006 - Source: International Federation for Human Rights
Lawyer and human right defender detained for 26 hours on 9 February 2006 and released afterwards; sind then his house is watched by police and he is being followed by policemen whenever he goes out ("Harassment / Arbitrary detention / Release - CHN 001 / 0206 / OBS 018") [#45316], [ID 17138]
Document(s):
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01.2006 - Source: Human Rights Watch
Human Rights Defenders ("World Report 2006") [#42330], [ID 17339]
"China has never tolerated independent monitoring and reporting of human rights abuses. Lawyers and activists who use Chinese law to assist rights victims are particularly at risk. Since August 2005, officials in Shandong province have confined Chen Guangcheng, a blind local farmer, to his home and tolerated his repeated beatings by local thugs. Chen had been working with Beijing-based lawyers to prepare a suit against local officials who committed human rights abuses during enforcement of China’s family planning policy.
Later in August, China closed down the Empowerment and Rights Institute and, for a time, restricted the freedom of Hou Wenzhou, its founder. The organization had been advising farmers and petitioners about their rights.
Yang Maodong (more commonly known as Guo Feixiong), a lawyer who assisted Taishi villagers (see above), was formally arrested on October 4, 2005. He was first detained in September on suspicion of gathering crowds to disrupt social order.
In November 2005, using a thinly veiled administrative pretext, authorities ordered Gao Zhisheng to close his law firm for one year or risk restriction on his personal freedom. Gao’s firm had taken on sensitive cases involving labor issues, cyberdissidents, Falungong and religious practitioners, and the case of Yang Maodong.
HIV/AIDS activists, as mentioned above, have been routinely harassed, detained, and roughed up, but to date, officials have permitted some of their organizations to stay open so long as they operated within government-enforced strictures."
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25.10.2005 - Source: Amnesty International
Dongshigu, Shandong: human rights defender who is under form of house arrest was reportedly beaten by a group of people; he was injured but denied access to medical treatment; he is believed to be at risk of further abuse ("People`s Republic of China - Further Information on UA 271/05") [#38377], [ID 3843]
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14.10.2005 - Source: Amnesty International
Linyi: Human rights defender and lawyer, who was helping villagers in Shandong to take legal action against local authorities has been under house arrest since 7 September; he is considers to have been arbitrarily detained and is believed to be at risk of torture and ill-treatment ("China - UA 271/05") [#37880], [ID 3844]
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10.10.2005 - Source: BBC News
Political activist missing after he was severely beaten as he tried to enter Taishi village at centre of corruption dispute ("Chinese activist attacked by mob") [#37423], [ID 3845]
Document(s):
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06.10.2005 - Source: BBC News
Guangdong: Lawyer who helped farmers try to remove their village chief, arrested; he is on hunger strike and has been given medical treatment in detention ("Chinese protest lawyer 'arrested'") [#37389], [ID 3846]
Document(s):
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05.10.2005 - Source: BBC News
Activist who raised concerns about forced abortion and sterilisation in Shandong province, beaten up by group of men; he has been under house arrest since August, when he accused officials in Linyi of breaking family planning laws ("China abortion activist 'beaten'") [#37315], [ID 3847]
Document(s):
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21.09.2005 - Source: Amnesty International
Mao Hengfeng released on completion of her 18-month term of "Re-education through labour"; she was reportedly harassed and beaten ("People`s Republic of China - Further Information on UA 280/04") [#37162], [ID 3848]
Document(s):
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08.09.2005 - Source: Guardian
Blind Chinese activist on hunger strike after he was arrested for trying to launch lawsuit against forced abortions ("Activist on hunger strike in jail") [#36355], [ID 3849]
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28.01.2005 - Source: Amnesty International
Political activist Hada reportedly tortured at the prison where he is serving a 15-year sentence for "separatism" and "espionage"; he is considered to be a prisoner of conscience, imprisoned solely for the exercise of his right to freedom of expression ("People's Republic of China - UA 24/05") [#28623], [ID 3850]
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