Summary
The prominent dissident, Dr. Liu Xiaobo, 53, one of the
signatories of Charter 08, was formally arrested by the
Chinese authority on 23 June for inciting subversion and
is at high risk of harsh sentence.
Prior to the release of Charter 08, the first human
rights document drafted by the civil society, on the
International Human Rights Day 2008, Dr. Liu Xiaobo was
arrested by police officers in Beijing on 8 December.
Since then, he has been put under ‘residential
surveillance’ away from his home, which is a breach
of law in relation to house arrest, and his wife Ms Liu
Xia was only allowed to visit him twice in his 6-month
detention.
Xinhua News Agency, the state-run media, quoted the
police statement that “Liu has been engaged in
agitation activities, such as spreading rumours and
defaming of the government, aimed at subversion of the
state and overthrowing the socialism system in recent
years.” Xinhua also reported that Dr. Liu has
confessed to the charge. His defense lawyer, Mr. Mo
Shaoping, stated that Dr. Liu could be sentenced up to 15
years’ imprisonment if convicted.
Everyone should enjoy freedom of expression, including
the right to hold opinions. Such right is not only
enshrined in the Universal Declaration of Human Rights
and the International Covenant on Civil and Political
Rights, which China is a signatory, but also in the
Constitution of China. Arresting Dr. Liu for his
involvement in Charter 08 is a clear violation of freedom
of expression and is arbitrary.
Dr. Liu is in grave danger of being convicted and his
conviction will create chilling effect in the Chinese
society which will deter any criticisms towards the
government and is destructive to human rights protection
and social reform. ACPP calls for international
support for the dissident who bravely speaks up for human
rights and social change, by voicing out our concern over
arbitrary detention imposed on him. More important, the
Chinese government has been stepping up persecutions to a
number of dissidents and imposing tougher restrictions on
freedom of expression and information through internet
censorship. Your response to this appeal can make the
Chinese government know that the international community
is closely watching the case and human rights violations
in the country.
|
Sample
Letter
We are writing with grave
concern over the arrest of Dr. Liu Xiaobo, one of
the signatories of Charter 08.
It is reported that Dr. Liu, has been detained
for 6 months before being formally arrested on 23
June. We are aware that Dr. Liu was arrested on
“subversion of the state and overthrowing
the socialism system” through spreading
rumours and defaming the Chinese government. As
the arrest came prior to the release of Charter
08, we believe his arrest is directly related to
the human rights document initiated by civil
society. In addition, the harassment and
interrogation of over a hundred of signatories of
the Charter, revealed a lack of tolerance in
civil society’s plea for human rights
improvement.
Articles 35 and 41 of the Constitution of
People’s Republic of China guarantee
citizens’ right to freedom of expression and
right to criticize and make suggestions to the
government. The arrest of Dr. Liu is
categorically an infringement of the
Constitution. Moreover, we are delighted to see
your government launch the National Human Rights
Action Plan (2009-2010) in April which states
that government will work to improve democracy
and the rule of law. The Action Plan reaffirms
the rights to criticize, give advice to, complain
of, and accuse state organs and civil servants.
The arrest of Dr. Liu for calling political,
legal and social reform, on the contrary, is
suppression on freedom of expression and is
contradictory to the promises in the Action Plan.
Recently, the Chinese government has been
emphasizing the importance of harmonious society.
This can only be realized by addressing the
discontent and criticism from the public.
Silencing dissidents will only be a
counter-productive way to respond to the
deep-rooted social conflict in your country.
The world is impressed by the economic stride in
China, but only genuine social and political
change can gain respect from international
communities. In order to show the commitment of
the government to improve human rights in China,
we sincerely urge you to:
• release Dr. Liu Xiaobo immediately and
unconditionally; and
• stop persecution of other signatories of
Charter 08.
|
|
Background
It is believed that the arrest of Dr. Liu Xiaobo is a
result of his involvement in Charter 08. Many of the
recommendations in the Charter are in line with the
Constitution. Therefore, the arrest of Dr. Liu is
politically-motivated and is unjust.
Charter 08
Charter 08 is a blueprint of constitutional, political,
legal and social reform drafted by the civil society
which was planned to be released on the International
Human Rights Day 2008. An initial group of 303 Chinese
citizens endorsed the Charter, and the number of
signatories keeps growing. Until June 2009, around 8,600
have endorsed the Charter.
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. To elaborate these concepts, 19 specific
standpoints and proposal on political system, civil
rights and social development are raised in the document,
such as, amending the Constitution as a legal foundation
for democracy and making it the supreme law for human
rights protection; separation of legislative, judicial,
and administrative power; democratizing law making
process; establishing the Human Rights Commission,
repealing the urban-rural household registration system
to equalize rights of citizens, and ensuring freedom of
association, expression and religion.
Charter 08 remains a politically-sensitive document as
perceived by the Chinese government. Apart from the
arrest of Dr. Liu Xiaobo, other signatories also
encountered harassment for indicating support to Charter
08. For example, during the visit of US Secretary of
State, Ms Hillary Clinton to China in February 2009,
several signatories of Charter 08 were put under house
arrest or surveillance. As of April 2009, 143 of them
have been interrogated by the authorities.
Full text of Charter 08(English):
http://www.hrichina.org/public/contents/press?revision%5fid=89851&item%5fid=85717
Profile of Dr. Liu Xiaobo
Dr. Liu Xiaobo is a prominent dissident writer. His
involvement in human rights in China dated back to 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 calling for the impeachment of
Jiang Zemin, president at that time. These persecutions
have not stopped him from expressing his political
opinions. The latest incident of persecution was the
arrest due to his involvement in Charter 08.
Political Prosecution against Human Rights
Defenders
Freedom of expression is guaranteed under article 35 of
the Chinese Constitution. Article 41 further specifies
the right to “criticize and make suggestions to any
state organ or functionary”. In reality, however,
like Dr. Liu Xiaobo, dissidents are always punished for
exercising their constitutional rights.
In China, “inciting subversion of state power”,
“leaking state secret”, and other charges are
always invoked to jail human rights defenders with the
aim of clamping down political opinions which may
threaten to the Communist regime. The charges invoked are
always politically-motivated. Moreover, in the process,
the defendants are always deprived of the right to legal
assistance and fair trial.
Several activists were put under surveillance, or forced
to leave Beijing before the 20th anniversary of the
Tiananmen Massacre. Recently, detaining human rights
lawyers, like Gao Zhisheng and Ji Sizun, for criticizing
the government, also indicates that human rights
defenders remain vulnerable to political persecution in
China.
To support the justice call for political reform and
respect for human rights, and protest against the
arbitrary detention of Dr. Liu Xiaobo, UA081224(9) was
issued in December 2008. UA080125(1)
and UA090330(1) have
also been issued to support human rights defenders who
strive for justice in China.
Sources:
Reuters
BBC
Charter 08
Human Rights in China
|