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Urgent campaigns / Urgent Interventions / China / 2012 / April

China: Sentencing of Beijing-based housing rights activist and legal advocate, Ms. Ni Yulan and her husband Mr. Dong Jiqin_Fear for their safety

Case CHN 030611.1

Follow-up of case CHN 030611

Sentencing/ Arbitrary detention/ Alleged torture and ill-treatment/ Fear for the safety

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation inthe People’s Republic of China.

New information

TheInternational Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of OMCT SOS-Torture Network, about the sentencing of Beijing-based housing rights activist and legal advocate, Ms. Ni Yulan and her husband Mr. Dong Jiqin.

According to the information received, on 10 April 2012, Ms. Ni Yulan was convicted of “creating a disturbance” and “fraud” and sentenced to two years and eight months in prison by Xicheng District People’s Court in Beijing, following a ten minutes hearing. Her husband, Mr. Dong Jiqin, was sentenced to two years in prison for “creating a disturbance”.

Ms. Ni Yulan and Mr. Dong Jiqin were taken into custody on 7 April 2011, during the crackdown against civil society launched by the Chinese authorities following anonymous online calls for a “Jasmine Revolution”[1] early 2011, and tried on 29 December 2011. They were reportedly accused of having torn up a registration book and insulted the staff at a hotel, where they were staying early 2011. Ms. Ni Yulan was additionally charged with “fraud” for misrepresenting herself as a lawyer in order to gain financially.

Ms. Ni Yulan and Mr. Dong Jiqin are detained in Xicheng District Detention Centre in Beijing. OMCT remains gravely concerned for their physical and psychological integrity, in particular given Ms. Ni Yulan’s health condition. As the result of repeated torture over the past decade, Ms. Ni Yulan cannot walk and suffers from several chronic medical issues.

OMCT recalls that the Beijing police had previously detained Ms. Ni Yulan on two occasions for an extended period of time. On 27 September 2002, she was arrested when petitioning the Beijing National People's Congress Standing Committee about police beating that she had endured on 27 April 2002 when filming the forced demolition of a Beijing home. The beating left her unable to walk without crutches. She was convicted of "obstructing official business" and sentenced to one year in prison. Furthermore, in 2008, Ms. Ni Yulan was accused of having beaten a member of the demolition crew who knocked down a wall of her home, on 15 April 2008. She was again convicted of "obstructing official business" and, during her period of detention, from 2008-2010, she was, among others, allegedly verbally insulted, beaten, held with people with infectious diseases, denied medical treatment, subjected to forced labour and placed in solitary confinement[2].

OMCT recalls to the competent Chinese authorities that China is legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In line with their obligations under this treaty, it is also incumbent on the Chinese authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a thorough and impartial investigation in this regard.

OMCT believes that the detention and sentencing of Ms. Ni Yulan and Mr. Dong Jiqin merely aim at intimidating them and impeding them from carrying out their peaceful activities in the defence of human rights and to exercise their rights to freedom of expression.

Brief description of the situation

OMCT had earlier been informed about the arbitrary detention of Ms. Ni Yulan, and her husband Mr. Dong Jiqin, as well as of Wuhan-based political activist, Mr. Li Tie. OMCT was gravely concerned about their safety. OMCT had also been informed about the arbitrary detention and subsequent release of Mr. Wei Quiang,originally from Yan'an City, and Mr. Li Tie’s lawyer, Mr. Jin Guanghong, who were both allegedly tortured and ill-treated in detention[3].

Actions Requested

Please write to the authorities in the People’s Republic of China urging them to:

i.                     Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ni Yulan, and Mr. Dong Jiqin;

ii.                   Guarantee Ms. Ni Yulan and Mr. Dong Jiqin full access to their lawyers, their family as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the recommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;

iii.                  Order Ms. Ni Yulan and Mr. Dong Jiqin immediate release as their detention is arbitrary as it only aims at sanctioning their peaceful activities;

iv.                 Put an end to any kind of harassment – including at the judicial level – against Ms. Ni Yulan and Mr. Dong Jiqin;

v.                   Ensure that adequate, effective and prompt reparation, including adequate compensation and rehabilitation, is granted to the victims concerned;

vi.                 Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

·      Mr. Wen Jiabao, Prime Minister of the People’s Republic of China, Guojia Zongli, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China, Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

·      Mr. Wu Aiying, Minister of Justice of the People’s Republic of China, Buzhang Sifabu, 10 Chaoyangmen Nandajie, Chaoyangqu, Beijingshi 100020, People’s Republic of China, Fax: +86 10 6529 2345, minister@legalinfo.gov.cn / pfmaster@legalinfo.gov.cn

·      Mr. Yang Jiechi, Minister of Foreign Affairs of the People’s Republic of China, Buzhang Waijiaobu, 2 Chaoyangmen Nandajie, Beijingshi 100701, People’s Republic of China, Fax: +86 10 6588 2594, Email: ipc@fmprc.gov.cn;

·      Mr. Meng Jianzhu, Minister of Public Security of the People’s Republic of China, Buzhang, Gong’anbu, 14 Dongchang’anjie, Dongchengqu, Beijingshi 100741, People’s Republic of China, Fax: +86 10 63099216

·      Mr. Fu Zhenghua, Director of the Beijing Public Security Bureau, Juzhang, Beijingshi Gong’anju, 9 Qianmen Dongdajie, Dongchengqu, Beijingshi 100740, People’s Republic of China, Fax: +86 10 85222320, Email: wbjc2sohu.com

  • Permanent Mission of the People’s Republic of China, Ch. De Surville, CP 85, 1213 Petit-Lancy 2, Suisse, e-mail: mission.china@ties.itu.int, Fax : +41 22 793 70 14

Please also write to the embassies of the People’s Republic of China in your respective country.

Geneva, 13 April 2012.

***

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.



[1] The 2011 Chinese “Jasmine Revolution” protests refer to weekly pro-democracy street actions in over a dozen cities in China starting on 20 February 2011. An anonymous call for protest was initially published on line on 19 February 2011, particularly on Twitter, suggesting specific places in 12 to 13 cities, where people should gather.

[2] See OMCT urgent appeal CHN 310708 and CHN 310708.1

[3] For further details, please see OMCT urgent appeal CHN 030611.

Properties

Date: April 13, 2012
Activity: Urgent campaigns
Type: Urgent Interventions
Country: China
Subjects: Justice system, Torture and violence

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