Chinese Human Rights Defenders (CHRD)
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Promoting human rights and empowering grassroots activism in China Shanghai Activist Gong Haoming Detained for Linking Olympics to Human Rights
Authorities' Refusal of Access to Lawyer Raises Fear of Torture
(Chinese Human Rights Defenders, December 3, 2007) — Gong Haoming (龚浩明), a Shanghai petitioner/activist, has been detained incommunicado since November 8, 2007. His family and lawyer, who were denied visits, fear that Gong is at risk of being tortured and that his health is deteriorating. Family said that police were asking for Gong's health records and suspected that the police may try to blame Gong's deteriorating condition on pre-existing health problems. The family's fear is founded on recent deaths of prominent Shanghai petitioners and human rights defenders, such as Chen Xiaoming and Duan Huimin, who died immediately after being released from police custody, where they had apparently been tortured and denied treatment.
Gong was taken into custody on November 8 by Shanghai Public Security Bureau (PSB) Huangpu Sub-division and later criminally detained on suspicion of "intentionally leaking state secrets." On November 27, Gong's lawyer went to Shanghai Public Security Bureau (PSB) Huangpu Sub-division Detention Center, where Gong is held, to request a meeting with Gong. However, the lawyer was denied access by the police because, they said, the case involves "state secrets." Deprivation of access to legal counsel and visits from his family puts Gong at high risk of torture.
Gong became a petitioner when his home and shop were demolished in 1996. Since then, he has become an activist, helping his neighbors whose properties were also forcibly demolished and filing a lawsuit against the Shanghai city government for violating housing and property rights. In December 2003, Gong was sent to Re-education through Labor for two and a half years for "disturbing social order." In May 2007, Gong helped organize the "We Want Human Rights, Not the Olympics" letter-signing activities to demand improvement of human rights conditions in China.
Recommendations
CHRD calls on the Shanghai authorities to respect Article 7 of the International Covenant on Civil and Political Rights, which China has signed, and ensure that Gong is not tortured or subjected to other forms of cruel and inhuman treatment. CHRD also calls on the Shanghai authorities to ensure that Gong has access to medical treatment.
CHRD urges the Shanghai authorities to end deprivation of Gong's right to legal counsel and visitation rights by his lawyer and family. Without any third-party monitoring and intervention, beyond the public view, the risk of torture during police interrogation at detention centers increases in China.
Police in China routinely deny lawyers' requests for visits on grounds of the case involving "state secrets," a vague term arbitrarily invoked in many cases of incommunicado detention. Since there is no clear legal boundary as to when and under what circumstances the police can claim a case involves "state secrets," in practice, police have wide powers of interpretation in deciding to detain suspects. The Chinese laws barring legal access to those accused of state-secret-related crimes violate international conventions such as the International Covenant on Civil and Political Rights, especially Article 14 (3). They also violate the 1995 Johannesburg Principle, an international guideline regarding criminal procedure related to state secrets.
To urge government officials to take these actions, please contact:
Director of the Shanghai Bureau of Public Security
WU Zhiming
Shanghaishi Gong'anju
185 Fuzhoulu
Huangpuqu
Shanghaishi 200002
People's Republic of China
Email: gaj02@shanghai.gov.cn or shgajxfb@sh.china110.com
Director of the Shanghai Bureau of Justice
WU Junying
Shanghaishi Sifaju
225 Wuxinglu
Shanghaishi 200030
People's Republic of China
Fax: +86 21 64743029
Email: contact_us@eastday.com or webmaster@justice.gov.cn or jijianjiancha@eastday.com
President of the Shanghai Municipal High People's Court
TENG Yilong
Shanghaishi Gaoji Renmin Fayuan
209 Fuzhoulu
Huangbuqu
Shanghaishi 200002
People's Republic of China
Email: gyxxzx@hshfy.sh.cn
Chief Procurator of the Shanghai Municipal People's Procuratorate
WU Guangyu
Shanghaishi Renmin Jianchayuan
648 Jianguo Xilu
Xuhuiqu
Shanghaishi 200030
People's Republic of China
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Chinese Human Rights Defenders (CHRD) is a non-political, non-government network of grassroots and international activists promoting human rights protection and empowering grassroots activism in China. CHRD's objective is to build NGO capacities, monitor rights development, and assist victims of abuse. CHRD advocates non-violent and rule of law approaches. CHRD conducts investigation and research, provides information, organizes training, supports a program of small grants, and offers legal assistance.
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