Summary
To commemorate the 100th year of
China’s Constitution, the 60th
anniversary of the Universal Declaration of Human Rights,
the 30th anniversary of the birth of
“democracy wall” and the 10th year
since China signed the International Covenant of Civil
and Political Rights, a group of about 300 Chinese
writers, intellectuals, lawyers, journalists, workers and
peasants, co-signed and released on internet the
“Charter 08”, to demand for improvement of
human rights, democracy and the rule of law in
China. The Charter is a blueprint for fundamental
legal and political reform in China, with the goal of a
democratic system that respects human rights which are
already recognized in the Chinese law and Constitution.
However, on 8 December – 2 days before Human
Rights Day, which the Charter was planned to be released,
police officers in Beijing arrested outspoken writer and
political critic, Dr. Liu Xiaobo, and political theorist,
Mr. Zhang Zuhua, for “inciting subversion of state
power”. Although Mr. Zhang was released after
12 hours of questioning and having his home ransacked and
personal equipments confiscated, Dr. Liu is still under
detention.
Since the Charter was launched, there were at
least 39 reported cases of signatories being questioned,
summoned, intimidated, closely followed or have had their
movement restricted in Beijing and Shanghai and 8
provinces (Liaoning, Zhejiang, Fujian, Guangdong, Hainan,
Shaanxi, Hubei and Hunan).
According to Mr. Wang Chen, minister in-charge of
the State Council’s Information Office, China has
made “historic developments in human rights”
having made arduous efforts to strengthen and protect
human rights with “Chinese
characteristics.” On 18 December, at a
ceremony to mark the 30th anniversary of its
reform and opening up, President Hu Jintao also claimed
that “without democracy, there would be no socialist
modernization.”
In reality, as seen after the Beijing 2008 Olympic
Games, many events have contradicted these beautiful
statements, such as the arrests and harassment of
petitioners, cover up of tainted milk and related
accountability issues, and the resumption of blocking of
websites, curtailing freedom of speech. In this
newest wave of harassment and arrests, the Criminal
Procedure Law and the public security regulation
regarding the procedure for handling criminal cases have
been violated, as security officials failed to provide
information on the whereabouts of Dr. Liu Xiaobo to his
family, as well as a detention notice within 24 hours of
arrest. Dr. Liu’s family-appointed lawyer has
not yet been able to meet with him and his physical
condition is still unknown.
According to the Chinese Criminal Procedure Law,
in case of a “major suspect”, formal
notification of approval of arrest must be given within a
maximum of 37 days after arrest, or he must be released
immediately. “If Liu is to be ultimately
charged with state security crimes, it would be yet
another example of how Chinese authorities are using
criminal law to squash pleas for reform,” said
Roseann Rife, Deputy Director of Amnesty
International’s Asia Pacific Programme.
|
Action Requested
Please write polite letters to Chinese
authorities, requesting them to:
• release Dr. Liu Xiaobo immediately and
unconditionally;
• provide information to Dr. Liu’s
family on his whereabouts and the rationale for his
arrest, in accordance with the Criminal Procedure Law and
the public security regulation;
• stop all acts of harassment to signatories
of Charter 08, and return all confiscated equipments; and
• respect and ensure the realization of
rights guaranteed in the Constitution, as well as the
international human rights conventions signed by China.
| Send
letters to: |
|
|
President Hu Jintao
President of the People’s Republic of China
State Council General Office
2 Fuyoujie, Xichengqu, Beijing
PEOPLE’ S REPUBLIC OF CHINA
|
|
|
| Send
copies to: |
|
|
Mr. Meng Jianzhu
Minister of the Public Security
14 Dongchang’anjie, Dongchenqu
Beijing 100741
PEOPLE’ S REPUBLIC OF CHINA
Mr. Ma Zhenchuan
Director of Beijing Public Security Bureau
9 Qianmen Dongdajie, Dongchengqu,
Beijing 100740
PEOPLE’ S
REPUBLIC OF CHINA
|
Fax:
Fax: |
+86-10-6309 9216
+86-10-8522 2320 |
| Diplomatic representatives of People's
Republic of China in your country |
|
|
|
Sample
Letter
We write with deep concern
about condition of Dr. Liu Xiaobo who was taken
away by security officers on 8 December 2008.
We were informed that his family members have not
been formally notified of the reasons for
detention within 24 hours of arrest and that even
after 14 days, there have been no information on
his whereabouts or his physical condition.
This appears to be a violation of Criminal
Procedure Law.
We are also concerned about the harassment,
summons and unreasonable interrogation of
writers, lawyers, academics and intellectuals who
have co-signed the Charter 08 – a document
which calls for political and human rights
reforms which are based on the Chinese
Constitution. Dr. Liu Xiaobo and the 300
other signatories are simply exercising their
freedom of speech enshrined in article 35 of the
Chinese Constitution. Their action is a
peaceful expression of their views on how to
further improve human rights, democracy and rule
of law, and as your country has recently
celebrated the 30 years of economic reform, the
Charter 08 should be seen as efforts to
consolidate modernization in your country.
Back in April 2006, at the Human Rights
Council’s first election, your government
has submitted a document to the United Nations
promising to uphold the highest standards in
promotion and protection of human rights.
The harassment of signatories and supporters of
Charter 08 and human rights defenders in general,
especially on the eve of Human Rights Day has
openly contradicted these promises.
With sincere faith in your commitment towards a
modernised and democratic nation, we kindly urge
your authority to:
• release Dr. Liu Xiaobo immediately and
unconditionally;
• provide information to Dr.
Liu’s family on his whereabouts and the
rationale for his arrest, in accordance with the
Criminal Procedure Law and the public security
regulation;
• stop all acts of harassment to
signatories of Charter 08, and return all
confiscated equipments; and
• respect and ensure the realization
of rights guaranteed in the Constitution, as well
as the international human rights conventions
signed by China.
|
|
Background
Charter 08
Democracy is a dream being pursued by Chinese people for
a hundred years dating back to the May 4th
Movement in 1919. After the civil wars and
invasions in Kumontang’s era, democratization was
stagnant. After the rise of “New China”
under the Communist Party regime, decades of human rights
catastrophes which claimed millions of lives in
Anti-Rightist Campaign, the Great Leap Forward, the
Cultural Revolution, Tiananmen Massacre and so on, are
results of the absence of rule of law and authoritarian
governance. As such, a group of intellectuals,
lawyers, journalists, artists, activists and ordinary
citizens started a civil movement to reaffirm fundamental
rights and called for political reform to bring a
“free, democratic and constitutional nation”
which gave birth to the “Charter 08.” An
initial group of 303 Chinese citizens have co-signed
Charter 08 before its launching on the International
Human Rights Day.
Charter 08 calls on the reaffirmation of freedom, human
rights, equality, republicanism, democracy and
constitutionalism. These are universal values and
rights stipulated in Constitution of the People’s
Republic of China. In line of these concepts, 19
specific standpoints and proposal on political system,
civil rights and social development are raised in the
document.
Full text of Charter 08(English):
www.hrichina.org/public/contents/press?revision_id=86303&item_id=85717
Suppression on Freedom of Expression
The publishing of Charter 08 has proven the urgency of
human rights protection in China. Dr. Liu, who was
one of the signatories, was arrested by at least 10
police officers on 8 December. His wife, Liu Xia
said the warrant indicated that the reason of arrest was
“conspiracy to subvert the state”. Mrs.
Liu also said the police raided their home over the night
and confiscated computers, books and printed
articles. Another signatory, Mr. Zhang Zuhua, was
detained but released after 12 hours of
interrogation. In addition, Chinese Human Rights
Defenders has documented that at least 39 cases of
Charter 08 signatories who have been intimidated.
Rights Infringed
As Charter 08 has highlighted, “human rights are not
bestowed by the state, but are rights that each person is
born with and enjoys.” On the top of that,
these rights are recognized and protected by the
Constitution and International Covenant of Civil and
Political Rights (ICCPR) which China is a signatory.
Constitution
Chapter Two of the Constitution of the People’s
Republic of China spells out the fundamental rights of
citizens. Freedom of expression and right to
criticize and make suggestions to the government are
stipulated:
Citizens of the People's
Republic of China enjoy freedom of speech, of the press,
of assembly, of association, of procession and of
demonstration. (article 35)
Citizens of the People's Republic of China have the
right to criticize and make suggestions to any state
organ or functionary. […] (article 41)
International Covenant of Civil and Political Rights
(ICCPR)
The ICCPR provides right to hold opinion and freedom of
expression in article 19. Article 9 also states
that no one shall be arbitrarily detained. To
define arbitrary detention, the Working Group on
Arbitrary Detention of the UN Human Rights Council spells
that out deprivation of liberty must not be resulted from
the exercise of rights or freedom guaranteed by the
Universal Declaration of Human Rights and ICCPR,
including freedom of expression.
Hence, the arrest of Dr. Liu and harassment to other
signatories who were exercising their freedom of
expression, have breached human rights standards and are
unconstitutional.
Profile of Dr. Liu Xiaobo
Dr. Liu Xiaobo, a prominent dissident writer. He was once
an academic at Beijing Normal University in 1980s.
While he was visiting the Colombia University in New York
as a visiting scholar, he returned to Beijing to
participate in the pro-democracy movement in 1989.
In the aftermath of the Tiananmen Massacre, Dr. Liu was
imprisoned for half a year. In 1996, he was
sentenced to three years in a forced-labour camp for
writing a petition calling for the impeachment of Jiang
Zemin, president at that time. These persecutions
have not stopped him from speaking up for human rights
and democracy in China. He has been actively
expressing his political ideas in spite of the risk of
harassment. His latest harassment was his arrest
under “conspiracy to subvert the state” on 8
December 2008, apparently for being one of the
signatories of Charter 08. He is the only one still
in detention, while other signatories have been released
after various forms of intimidation.
ACPP-Hotline Asia supports the cause of Charter 08
which voices out the aspiration of respect for human
rights and call for freedom and democracy. Earlier,
in January, an Urgent Appeal, UA080123(1)
was issued to support human rights defenders who faced
harassment for defending such values.
Sources:
Charter 08
Amnesty Internationa
Chinese Human Rights Defenders
South China Morning Post
|