Hotline Asia Urgent Appeals -- UA031128(11)

Action Requested || Sample Letter || Background
Please respond before 30 December 2003
Update

Summary

On 28 October, Mr. Zheng Enchong, a Shanghai lawyer was sentenced to three years in prison and deprivation of his political rights for one year, on charges of "illegally providing state secrets to entities outside of China" by the Shanghai Second Intermediate People's Court. Mr. Zheng has been involved in the defence of the economic and social rights of displaced persons. He was the most important source of legal advice to Shanghai families affected by redevelopment projects, assisting families suing a company controlled by a wealthy developer.

One of the communications considered to be a "state secret" by the Shanghai State Secrets Bureau refered to the surrounding by 500 policemen of more than 500 workers who were striking on 9 May 2003, following the announcement that three-quarters of Shanghai Yimin Food Product No. 1 factory's workers would be laid-off. According to local sources, this incident was a matter of public knowledge. The Court acknowledges that this document never reached the non government organisation Human Rights in China, an "entity outside China," to which it is alleged to have been sent. Moreover, the Chinese Constitution (Art. 35) guarantees the right to freedom of expression, and the information in question fell into a category protected under the Declaration on Human Rights Defenders.

Human rights organizations are calling on the international community to apply pressure to the Chinese government to secure the immediate release of Mr. Zheng Enchong and other human rights defenders.

Action Requested

Please write polite letters to express your concern about the conviction and sentence of Mr. Zheng, as well as the treatment of the diplaced residents who protest about their conditon. Urge the Chinese authorities to:

1. release Mr Zheng immediately and unconditionally;

2. conform with the UN Principles on the Role of Lawyers, restore Mr. Zheng's license to practice law, and restore his political rights;

3. conform with the provisions of the UN Declaration on Human Rights Defenders, ending any form of harassment of lawyers and human rights defenders in China;

4. ensure that the rights to adequate housing, compensation and peaceful assembly of individuals and their families are protected and upheld, in conformity with the International standards; and

5. release all those arrested for protesting against Shanghai re-development and relocation projects.

Due to the sensitivity of the issue, please avoid typing 'cc ACPP' at any part of your letter
but send copies to us separately for monitoring purpose.

Sample Letter

Background

SITUATION OF DISPLACED RESIDENTS IN SHANGHAI
The authorities' failure to provide public consultations with affected inhabitants in planning the redevelopment of portions of the city, and a fair assessment procedure for determining compensation, have led to peaceful protests by affected residents. Residents are often offered insufficient compensation to allow them to obtain other housing in the city, or, as in the situation leading to the lawsuit, are moved to remote districts that have poor transportation links.

Since early March this year, police have dispersed a number of peaceful protests, prevented victims from travelling to Beijing to complain to the central government, or rounded them up and forcibly sent them back on their arrival in Beijing. Harassment, repression and intimidation of displaced residents who attempt to voice their grievances and seek assistance from the central government have been reported.

More than ten persons involved in repeated protests against Shanghai's redevelopment and relocation scheme are expected to be sentenced to "Re-education Through Labor" on charges of "illegal assembly." These protesters were among approximately 85 people whom Shangai Police rounded up on 29 September 2003 while they were in Beijing to petition the authorities over forced relocations, unjust conditions attached to the redevelopment projects, and inadequate compensation of the displaced residents. After reportedly having been forcibly returned to Shanghai, the arrestees were kept in various detention centres throughout the city.

INJUSTICE IN ARREST AND DETENTION OF LAWYER
Mr. Zheng Enchong was originally detained on 6 June 2003 after assisting displaced families in more than 500 cases relating to Shanghai's urban redevelopment projects. Mr. Zheng had been advising families involved in a lawsuit alleging corrupt collusion between officials and wealthy property developer, Mr. Zhou Zhengyi who allegedly relocated 2,159 residents of a property in West Beijing Road to a fringe district with very poor transportation and communication links, without paying anything for a 70-year land lease on the property.

Mr. Zheng's first family visit while he was imprisoned at the Shanghai Public Security Bureau Detention Center, was only allowed on 20 August. His house was searched at least twice. During the searches, Public Security police warned his wife, Jiang Meili, not to speak to the foreign media or other parties outside of China.

Mr. Zheng's license had been revoked in 2001 after he stated in cases he was handling for people displaced by urban redevelopment, that it was necessary to amend Article 10 of Chinese Constitution that secures the state's right to own the land in cities and towns and the right "to expropriate the land in the country in public interests" from collective owners. Despite Mr. Zheng's deprivation of his licence to practice law and increasing official persecution, he continued to provide legal advice to people even though he could not represent them in court.

When news came in August that Mr. Zheng was being tried secretly, more than 300 people to whom he had been providing legal advice gathered to protest outside the court. The court called in some 200 police officers to control the crowd, and more than 100 protesters were arrested and taken away in police vehicles.

Mr. Zheng was tried behind closed doors on 28 August, on charges of "illegally providing state secrets to entities outside of China" at the Shanghai Second Intermediate People's Court in Zhongshan North Road. His wife, Jiang Meili, and other observers were barred from the court on the grounds that the case involved state secrets. However, it is reported that the proceedings were monitored by representatives of the Shanghai municipal government. Represented in court by his lawyers, Mr. Zheng pleaded not guilty in the trial, which lasted for more than five hours and reportedly involved vigorous legal arguments.

OBLIGATIONS TO HUMAN RIGHTS DEFENDERS IN CHINA
Mr. Zheng's trial is a flagrant violation of the UN Declaration on Human Rights Defenders. In particular, article 5(c) states that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to communicate with non-governmental or intergovernmental organisations." Its article 6(b) according to which "everyone has the right, individually and in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms" and article 9.3(c) "In the exercise of human rights and fundamental freedoms, […], everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance in defending human rights and fundamental freedoms".

Mr. Zheng's trial also contravenes the United Nations Basic Principles on the Role of Lawyers which state that "Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference" (article 16).

Mr. Zheng's situation draws attention to both the treatment of human rights defenders in China and the violation of housing rights in Shanghai.

RECENT PROGRESS
International organizations concerned with housing rights have requested, in an open letter to the Chinese President Hu Jintao, that he intervene to ensure that redevelopment projects are undertaken in a manner that does not violate China's obligations under numerous international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights. The letter suggested steps to ensure adequate alternative housing or resettlement for all affected by redevelopment projects. This includes consultation with affected persons, legal remedies with adequate compensation, and that evictions only be carried out in strict compliance with relevant provisions of international human rights law.

After arriving in Beijing on 18 November, Mr. Zheng's wife, Jiang Meili, was kidnapped in Beijing and was escorted back to Shanghai before being released (by representatives of a Shanghai government body). She was in Beijing to meet with Mr. Zheng Enchong's lawyer about the planned appeal. She also planned to invite a number of China's leading legal scholars to give opinions on whether communications between Mr. Zheng Enchong and Human Rights in China constituted state secrets.

Other Actions suggested:

1. Find a copy of the United Nations Basic Principles on the Role of Laywers. It can be downloaded from http://www.unhchr.ch/html/menu3/b/h_comp44.htm Arrange to meet lawyers in your community. Present them with the Principles and the facts of this case. Ask them to write solidarity letters to Mr. Zheng as a fellow lawyer. Lawyers can also send letters to Chinese authorities in Shanghai to add pressure on this case.

2. Visit the web site of Human Rights in China to read the stories of other Chinese human rights defenders. Consider sending appeal letters on their behalf.

3. Read the informal translation of Mr. Zheng's defence statement provided on the web site of Human Rights in China (http://iso.hrichina.org/iso/article.adp?article_id=5420 ) Write to the Foreign Affairs Minister of your country presenting the facts of the case and a copy of the statement. Request that the Minister raise the issue with the Government of the People's Republic of China.

4. Remember Mr. Zheng Engchong and other human rights defenders in your personal, family or community prayer. Contact liturgy coordinators to request that a prayer of petition be included in your faith community's worship.

Sources:
South China Morning Post, Human Rights in China, World Organization Against Torture, and HK JP Commission

For more information/further reading
On housing Rights: OHCHR Fact Sheet No. 25, Forced Evictions and Human Rights; and OHCHR Fact Sheet No.21, The Human Right to Adequate Housing
On human Rights Defenders: Human Rights in China and The Observatory

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!