Statements

From: China Human Rights Lawyers Group

To: His Excellency Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights, Office of the United Nations High Commissioner for Human Rights (OHCHR)

The International Bar Association

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To:
Mr. Jens Modvig, Chairperson of the Committee against Torture (CAT)
      Mr. Juan Mendez, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
      Dr. Jyoti Sanghera, Chief, Asia Pacific Section, Office of the United Nations High Commissioner for Human Rights

Subject: Call for Concern on Issues Relating to the Serious Torture Experienced by Human Rights Lawyers in China in the 709 Crackdown

Date: 26 June 2017

(Chinese original follows/ 中文原文随后)

Call for Concerns on Issues Relating to the Serious Torture

Experienced by Human Rights Lawyers in China in the 709 Crackdown

26 June 2017

Dear High Commissioner,
Dear Colleagues at the International Bar Association,

In the early hours of July 9, 2015, Chinese police began a nation-wide crackdown targeting a group of human rights defenders who were mainly rights lawyers. They were detained, “interviewed” and “warned”. Dozens of the lawyers and defenders were detained, a few hundred of lawyers, scholars and citizens were called in for “chats” and warned, and a few dozens of the others were prohibited from travelling out of the country.

For those captured, they would mostly be applied the criminal compulsory measure “residential surveillance at designated location” on the pretext that they had “endangered state security”. This happened no matter what crimes they were alleged of committing, “subversion of state power”, “inciting subversion of state power” or the more pedestrian picking quarrels and provoking trouble.

Residential surveillance at designated location is a criminal compulsory measure that was articulated and codified in the Criminal Procedure Law, revised in 2012 and enacted in 2013. In its implementation, the provision has been abused by the police. They subjected detainees into their complete secret control and applied torture on them as they desired.

The torture suffered by those arrested in the 709 crackdown and held under residential surveillance at designated location can be read from the transcription of lawyer Xie Yang’s testimony provided by his defence counsel Chen Jiangang. One can also listen to the accounts by Li Heping’s family and friends who visited him after he was given a suspended sentence, or infer by taking note of the psychological breakdown once suffered by lawyer Li Chunfu when he was released on bail. It may as well be observed from the writings of lawyer Li Shuyun and legal assistant Zhao Wei, or from the fragments of lawyer Xie Yanyi recount of his experiences after he was granted bail.

Wang Quanzhang, another lawyer arrested in the 709 Crackdown, has been in detention for nearly two years, but without a single piece of news released about his life and death. It remains a grave concern that Wang has suffered and or is suffering serious torture. Lawyer Jiang Tianyong, detained as a result of his striving for the release of the human rights defenders under arrest, has not been allowed to see the defence counsels appointed by his family for over 7 months. Words about his torture went around from time to time. In late May 2017, a statement bearing Jiang’s signature surfaced, noting his intention to dismiss his defence counsels. This has caused grave concerns that Jiang had been, and is still being tortured.

The Chinese police have never established evidence for the criminal acts allegedly committed by these human rights lawyers and defenders. The sole purpose of using medication to torment them both physically and mentally is to overcome them, so that they would be succumbed to confess on TV and cooperate in trials until they are completely driven out of the human rights field.

The human rights lawyers and defenders targeted in the 709 Crackdown should be fully protected by the provisions stipulated in the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The situation of the human rights defenders in China, in particular rights lawyers, has become gimmer over the recent years. With the legislation of the new laws, especially that of the State Security Law, the Overseas NGO Domestic Activities Management Law, the Charity Law, the Criminal Law Amendment (No. 9) and the Anti-Espionage Law, they have been completely hemmed in and trapped. Now, they could lose their freedoms and be faced with torture any time

No individual, nor any country in the world, is an island unto itself. Concern for others is the same as concern for oneself. Protection of human rights, opposition to torture and concerns for victims of torture should be extended across ethnic and racial boundaries. These are precisely the founding principles behind the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

As human rights lawyers in China, we respectfully request that you convey your concerns to the human rights defenders who are still under detention and faced with torture; that you take note of the violations committed by the Chinese government against the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We call on your attention to China’s continual transgression on human rights and render your assistance to the human rights lawyers and others rights defenders in need.

Thank you.

The China Human Rights Lawyers Group

 

Brief introduction to the China Human Rights Lawyers Group

The China Human Rights Lawyers Group was established on September 13, 2013 as an open platform for lawyers to connect and work together. Since its founding, the China Human Rights Lawyers Group has engaged themselves in the protection of human rights and promotion of rule of law by issuing joint public statements as well as taking part in human rights cases or issues, for instances.

Chinese lawyers who support the ideals of human rights and are willing to safeguard the basic rights of the citizens can join the group through an existing member by making a statement affirming their commitments. Promoting the rule of law and safeguarding human rights are the tireless pursuit of the China Human Rights Lawyers Group. We look forward to working together with you!

Contact persons (in alphabetical order)

CHANG, Boyang (常伯阳) +86 188 3718 3338

LIU, Shihui (刘士辉) +86 185 1663 8964

LIN, Qilei (蔺其磊) +86 186 3922 8639

TANG, Jitian (唐吉田) +86 131 6130 2848

YU, Wensheng (余文生) +86 139 1003 3651

©

Chinese original follows

:中国人权律师团
: 联合国人权事务高级专员 扎伊德•拉阿德•侯赛因 先生
    国际律师协会

副本抄送:

  1. 禁止酷刑委员会主席 延斯·莫德维先生
  2. 酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题特别报告员胡安·门德斯先生
  3. Jyoti Sanghera 博士, 联合国人权事务高级专员办事处亚太区主管

事宜:请关注中国人权律师在709系列案中遭遇严重酷刑的问题

日期:2017626

请关注中国人权律师在709系列案中遭遇严重酷刑的问题

尊敬的联合国人权高专办专员、国际律师协会同仁:

201579日凌晨开始,中国警方对以人权律师为主的人权捍卫者社群实施了一场全国范围的抓捕、“约谈”和警告——数十位人权律师和其他人权捍卫者被抓;数百名律师、学者和公民被“约谈”和警告;数十位律师和公民被限制出境。

这些被抓捕者,无论涉嫌的罪名是“颠覆国家政权”还是“煽动颠覆国家政权”抑或是普通的“寻衅滋事”,都普遍被以“危害国家安全”为由适用“指定居所监视居住”的刑事强制措施。

“指定居所监视居住”这一刑事强制措施,在2012年修改并于2013年实施的《刑事诉讼法》中被明确化和具体化。实践中,中国警方滥用该相应条款,将被羁押人员置于他们完全的秘密掌控之中,实施酷刑,为所欲为。

709事件被抓捕者在“指定居所监视居住”期间遭遇的酷刑可以从陈建刚律师对谢阳律师的会见笔录中看到;可以从李和平律师缓刑后对看望他的友人的陈述中听到;可以从李春富律师取保候审后的一度精神失常的状态中推测到;可以从李姝云律师、赵威助理自己发的文章中察觉到;可以从谢燕益律师取保候审后谈及遭遇的只言片语中领略到。

709事件中遭抓捕的王全璋律师被羁押至今已经接近两年,竟然没有任何消息透露出来,生死未卜,让人担忧其已经遭受过或和正在遭受极严重的酷刑。因积极参与营救709被抓人权捍卫者从而被抓的江天勇律师,至今超过7个月一直得不到家人委任的律师会见,其被酷刑的消息不时传出;20175月底出现由其署名的解聘律师声明,高度怀疑江天勇律师已受且正在遭受酷刑。

中国警方从未查证这些遭抓捕的人权律师等人权捍卫者实施过任何犯罪行为,他们辅以药物对这些人权律师和人权捍卫者普遍进行肉体上的折磨和精神上的摧残仅只是为了让他们屈服,让他们电视认罪、配合审判直至彻底离场人权捍卫领域。

709事件中遭抓捕的人权律师和其他人权捍卫者理应受到联合国《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》着力保护。 以人权律师为主体的人权捍卫者,在中国的境遇越来越严峻。尤其在《国家安全法》、《境外非政府组织境内活动管理法》、《慈善法》、《刑法修正案(九)》、《反间谍法》出台之后,他们动辄得咎、进退维谷,随时可能失去自由,并遭受酷刑折磨。

每个个体、每个国家都不再是一个孤岛,对他人的关心就是对自己的关心。对人权的捍卫,对酷刑的反对,对酷刑受害者的关注,应当超越种族和民族藩篱,这也正是联合国制定《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》的初衷。

我们作为中国人权律师,敬请你们关注尚被羁押、遭遇酷刑的中国人权捍卫者,敬请你们关注中国政府违背《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》的事实,敬请你们关注中国人权被日益践踏的现实情况并帮助困境中的人权律师和其他人权捍卫者。

谢谢!

中国人权律师团律师

2017626

中国人权律师团简介

中国人权律师团成立于2013913日,是一个开放性的律师协作平台。中国人权律师团成立以来,通过发起联合声明、介入人权案件或事件等方式为保障人权、推进法治进行了诸多努力。认同人权理念、愿意维护公民基本权利的中国律师均可通过人权律师团任一成员声明加入。推进法治和捍卫人权是中国人权律师团律师不懈的追求。期待与您携手同行!

联系人(以姓氏拼音为序):

常伯阳 +86 188 3718 3338

刘士辉 +86 185 1663 8964

蔺其磊 +86 186 3922 8639

唐吉田 +86 131 6130 2848

余文生 +86 139 1003 3651

©

【Forward】Letter of concern with regard to our colleagues/Chinese lawyers in detention and to the situation of their relatives

A JOINT STATEMENT BY LEGAL PROFESSIONAL GROUPS & HUMAN RIGHTS NGOS ON THE FORTHCOMING TRIALS OF THE CASES OF THE 709 CRACKDOWN - CALL ON CHINA TO ENSURE THE RIGHT TO A FAIR TRIAL

A Statement to Condemn the Hunan Authorities For its other attempt to conduct media trial against Jiang Tianyong

Statement on Torture and Inhuman Treatments against Lawyers in Detention

Statement for “The Day of Endangered Lawyers” dedicated to the lawyers in China in 2017

A Joint Statement by Groups in Hong Kong and Taiwan: 10 Days after the Disappearance of Human Rights Lawyer Jiang Tianyong

﹝Fwd﹞An Open Letter to Mr. Xi Jinping by the 709 families

(Fwd) A Message from the China Human Rights Lawyers Group for its 3rd Anniversary

(Fwd) A Joint Statement by the 709 Families for Mid-Autumn Festival

Statement: Call on the Chinese Government to repeal the Convictions Against Hu Shigen, Zhou Shifeng, Zhai Yuanmin and Gou Hongguo

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