Posts Tagged ‘China’

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China continues to imprison whoever disagrees

September 24, 2023

The New York Times of 22 September 2023 and other outlets report on the increasing crackdown on dissent: Huang Xueqin, the journalist who gave #MeToo Victims a voice, and Wang Jianbing, a labor activist, have been accused of inciting subversion.

A casually dressed woman in a broad-brimmed black hat stands against a green wall, holding a sign that reads “Me Too.”
The Chinese journalist Huang Xueqin in Singapore in 2017. She has been in detention in China for two years.Credit…#FreeXueBing, via Associated Press

On 22 September saw the start of their trial after two years of arbitrary detention. A large number of civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT) expressed their deep concern about their conditions of detention and called for their immediate and unconditional release.

Huang Xueqin, an independent journalist who was once a prominent voice in China’s #MeToo movement, and her friend Wang Jianbing, the activist, were taken away by the police in September 2021 and later charged with inciting subversion of state power. Their trial was held at the Guangzhou Intermediate People’s Court in southern China.

Little is known about the government’s case, but the vaguely worded offence with which the two were charged has long been seen as a tool for muzzling dissent. Since China’s top leader, Xi Jinping, came to power in 2012, the ruling Communist Party has sought to essentially silence people who have fought for free speech and political rights. A steady stream of activists, lawyers, tycoons and intellectuals have been put on trial and sentenced.

In Ms. Huang and Mr. Wang’s cases, the authorities questioned dozens of their friends in the months after their detentions and pressured them to sign testimonies against the two, according to Chinese Human Rights Defenders, an advocacy group that is in close contact with many activists.

In the meantime the Washington Post of 22 September reports that Rahile Dawut, a prominent Uyghur academic who disappeared six years ago at the height of the Chinese government’s crackdown in Xinjiang, has been given a life sentence in prison, according to a human rights group that has worked for years to locate her..

Dui Hua, a California-based group that advocates for political prisoners in China, said in a statement Thursday that the 57-year-old professor — who was convicted in 2018 on charges of endangering state security by promoting “splittism” — had lost an appeal of her sentence in the Xinjiang Uyghur Autonomous Region High People’s Court.

At a regular press briefing, Ministry of Foreign Affairs spokesperson Mao Ning said she was “unaware” of Dawut’s case. “What I can tell you is that China is a law-based country and handles relevant cases in strict accordance with the law.”

A former professor at Xinjiang University and leading scholar on Uyghur folklore, she is among more than 300 intellectuals, artists and writers believed to be detained in Xinjiang, amid a government campaign ostensibly aimed at better assimilating China’s Muslim minority and promoting ethnic harmony. Rights groups have accused the Chinese government of committing “cultural genocide” by wiping out previously vibrant local Uyghur culture. See also: https://humanrightsdefenders.blog/2020/11/11/rahile-dawut-recipient-of-courage-to-think-award-2020/

“The sentencing of Professor Rahile Dawut to life in prison is a cruel tragedy, a great loss for the Uyghur people, and for all who treasure academic freedom,” said John Kamm, executive director of the Dui Hua Foundation.

https://www.fidh.org/en/region/asia/china/china-call-for-the-release-of-human-rights-defenders-huang-xueqin-and

https://edition.cnn.com/2023/09/21/china/china-metoo-activist-huang-xueqin-trial-intl-hnk/index.html

https://www.washingtonpost.com/world/2023/09/22/rahile-dawut-life-sentence-uyghur-china/

https://www.theguardian.com/world/2023/sep/24/chinese-authorities-uyghur-professor-rahile-dawut

Posted in FIDH, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
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Human rights lawyer Gao Zhisheng and the practice of enforced disappearances: joint letter

September 5, 2023

We, the undersigned organizations, call on the Chinese authorities to immediately and unconditionally release prominent human rights lawyer Gao Zhisheng ahead of the sixth anniversary of his disappearance on August 13. 

And as we near “The International Day of the Disappeared” on August 30, we also condemn the Chinese government’s use of enforced disappearances as a tactic to silence and control activists, religious practitioners, Uyghurs and Tibetans, and even high-profile celebrities, entrepreneurs, and government officials. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Gao Zhisheng was one of the first human rights lawyers to emerge in the early 2000s and he became an important leader of China’s rights defense movement. He took on cases to help migrant workers and defend spiritual practitioners, including Falun Gong adherents and Christians. Gao wrote open letters to China’s top political leadership to call attention to the plight of Falun Gong practitioners and the abuse he had suffered while defending them. 

In 2006, Gao was sentenced to three years in prison on the charge of “inciting subversion of state power,” and after being released on parole, he was repeatedly disappeared for extended periods and tortured by police between 2007 and 2011. In December 2011, state media reported that Gao had been imprisoned in the Uyghur region to serve out his sentence after violating terms of his parole. He was then released in 2014 but remained under house arrest.

Gao’s relatives in China, as well as fellow rights lawyers and activists, who previously remained in contact with him, have not heard from him since August 13, 2017. Ever since then, Chinese authorities have, implausibly, claimed that Gao is not under any “criminal coercive measures.”   

Over the past six years, Gao has effectively remained in a state of enforced disappearance. 

Gao Zhisheng’s wife, Geng He, although living in the United States, has continued to advocate for him, pleading with the Chinese government to allow the world to “see him if he’s alive, or see his corpse if he’s dead”. Most recently, she has demanded that he be put on trial if he is guilty, and at the very least, that his lawyers should be allowed to meet with him and family members should have videoconferences. 

However, the Chinese government has not provided Geng He with even this minimum amount of information. 

On several occasions United Nations bodies and human rights experts have sought information about Gao Zhisheng’s status, but the Chinese government has refused to clarify his situation. Most recently, in 2020, the Chinese government responded to a letter from six UN Special Rapporteurs by claiming that, “In August 2014 Mr. Gao was released, having served his sentence. Since his release, the public security authorities have not taken any coercive measures against him.”

Gao Zhisheng’s case has been treated under the humanitarian mandate of the UN Working Group on Enforced or Involuntary Disappearances (case no. 10002630). The UN Working Group on Arbitrary Detention had also previously issued an opinion in 2010 stating that Gao’s detention was arbitrary under international law and calling for his immediate release, but Gao has remained under control of the authorities ever since.

Enforced disappearances of other human rights defenders

While Gao Zhisheng’s case is arguably the most famous and well-documented case of prolonged enforced disappearance in blatant violation of international law, there are several other noteworthy cases: 

Former human rights lawyer Yu Wensheng and his wife Xu Yan were detained in April 2023 as they were taking the subway to attend an event at the European Delegation in Beijing. They have been arrested and charged with “inciting subversion of state power,” but authorities have prevented lawyers from visiting them, and their 18-year-old son is under “house arrest.”  See also: https://humanrightsdefenders.blog/tag/yu-wensheng/

Human rights activist Jia Pin has been missing since September 24, 2022. He was last known to have been traveling to Beihai City in Guangxi. His friends do not know where he is, although some speculate that he may have been taken away by Henan provincial police.

Protester Peng Lifa, was taken away by authorities on October 13, 2022 after engaging in a one-man protest on the Sitong Bridge in Haidian District in Beijing against China’s stringent COVID measures and against the rule of Xi Jinping. There have been no reports about where Peng Lifa is being held.

Jiangsu-based human rights defender Tao Hong has been a victim of enforced disappearance since September 9, 2022, after she signed a open petition showing concern for the death of Mao Lihui, a petitioner who police claimed died via self-immolation while detained in a hotel. Before being detained, Tao Hong told friends on WeChat that she “absolutely wouldn’t commit suicide” – as a pre-emptive warning not to believe authorities should she mysteriously turn up dead.

Journalist Yang Zewei, who goes by the pen name Qiao Xinxin, was presumably taken away in Laos on May 31 by what is believed to have been a joint Chinese and Laotian policing effort. Earlier in the year he had launched a campaign to urge for the dismantling of the Great Firewall, an action he labeled as the #BanGFW movement. Before being detained Yang had tweeted that authorities were harassing his relatives in his hometown, and he also declared that he would not commit suicide in detention. On August 8 it was confirmed that he had been returned to China and was being held at the Hengyang Detention Center in Hunan.

Falun Gong practitioners Chen Yang (陈阳) and Cao Zhimin from Hunan province have been held incommunicado since October 2020, after being detained when studying spiritual scriptures with fellow believers. Yang had previously been jailed for four years for his activism and Cao had been held with her five-year-old daughter at an extralegal detention facility in 2010. According to the couple’s daughter, now a teenager studying in the United States, relatives in China have been unable to meet with them since their detention and lawyers hired were stopped from representing the couple. They are believed to have been sentenced to prison in November 2022, but the length of sentence remains unknown, no formal notification was sent to the family, and no news is available on their condition in custody. 

Enforced disappearances of Uyghurs and Tibetans

The Chinese Communist Party, composed solely of Han Chinese officials at the highest levels of decision making, continues to use systemic enforced disappearances of non-Han groups to control, intimidate, and silence them. See: https://humanrightsdefenders.blog/2023/08/18/un-experts-demand-detailed-information-on-nine-tibetan-environment-defenders/

In the Xinjiang Uyghur Autonomous Region (XUAR), also known as the Uyghur region or East Turkistan by Uyghurs, there likely remain hundreds of thousands of Uyghurs who are subjected to arbitrary detention and enforced disappearance through the legal system. In 2022, the Xinjiang High People’s Procuratorate, stated that 540,826 people had been prosecuted in the region since 2017. In November 2022, the UN Committee on the Elimination of Racial Discrimination (CERD) urged China to “immediately release all individuals arbitrarily detained in the XUAR, and to provide relatives of those detained or disappeared with detailed information about their status and well-being.”

As the UN Office of the High Commissioner for Human Rights (OHCHR) has noted, there is almost no public data about the criminal justice system in the region since 2020 and the government has not made public criminal verdicts or provided relevant information to the OHCHR. Furthermore, as a UN Working Group on Arbitrary Detention (WGAD) opinion noted in a 2022 decision finding that three Uyghurs – Qurban Mamut, Ekpar Asat and Gulshan Abbas – had been arbitrarily detained and were victims of enforced disappearance, no verdicts were ever made public and the Chinese government did not respond to the UN with any information regarding the proceedings, “it is unclear if they have indeed stood trial at all.”  In another case from 2022, the WGAD issued an opinion that found that Abdurashid Tohti, Tajigul Qadir, Ametjan Abdurashid and Mohamed Ali Abdurashid had been arbitrarily detained. The Chinese government refused to provide any information about the detention and or of any legal proceedings against them, and the WGAD was “disturbed at the total secrecy which appears to surround the fate and whereabouts” of the four people.

In Tibet, the Panchen Lama, Gedhun Choekyi Nyima, has been missing since May 17, 1995.  In 2022, UN human rights experts have raised their concerns regarding the arrest, detention and subsequent enforced disappearance of Tibetan writer Mr. Lobsang Lhundup (pen name of Dhi Lhaden), musician Mr. Lhundrup Drakpa, and teacher Ms. Rinchen Kyi, in connection with their cultural activities advocating for Tibetan language and culture. Dhi Lhaden and Rinchen Kyi were subsequently released.

On August 10, UN experts urged Chinese authorities to provide clarification on the situation regarding nine imprisoned Tibetan environmental human rights defenders, including information about why they were imprisoned, where they were detained, and their current health conditions. The nine defenders are Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy. 

Disappearances as a form of governance [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Even powerful and famous people in China are not immune to becoming victims of disappearances: 

..

More broadly, the Chinese authorities appeared to have increasingly adopted disappearances as a form of governance. In 2012, the government amended the Criminal Procedure Law to allow for the police to hold suspects in non-detention facilities for up to six months, depriving those investigated for national security crimes of access to lawyers, family members, or other detainees – a practice known as “residential surveillance in a designated location” (RSDL). The government continues to use RSDL, despite numerous UN independent experts urging its abolition because it is a form of secret detention and enforced disappearance, and therefore incompatible with China’s human rights obligations and despite countless cases of torture and other ill-treatment occurring in RSDL having been exposed. 

In 2018, the National Supervision Law created a “retention in custody” (or liuzhi) system to subject Chinese Communist Party members and public employees to incommunicado detention for up to six months for disciplinary infractions and alleged dereliction of duty, including, but not limited to, corruption. The system is run by a non-judicial, non-law enforcement body, the National Supervision Commission (NSC) and precedes formal detention and arrest. 

As humanity approaches the 75th anniversary of the Universal Declaration of Human Rights (UDHR), we urge the Chinese government to take seriously the fundamental principles of human rights enshrined in the UDHR.

Unconditionally and immediately free Gao Zhisheng, and all others who are victims of enforced disappearance, and pending that release, allow for Geng He and other family members as well as Gao Zhisheng’s lawyers to communicate with him through in-person visits and/or videoconferencing.

Provide other relatives of those detained or disappeared with detailed information about their status and well-being.

End the practice of enforced disappearance, which gravely impacts some of the core rights articulated in the UDHR, such as the right not to be subjected to torture, the right not to be subjected to arbitrary arrest or detention, and even the right to life. 

Abolish RSDL (Articles 72-75 of the Criminal Procedure Law) and liuzhi (Article 22 of the National Supervision Law), and any other laws and regulations providing for practices tantamount to enforced disappearance.

Cosigned by, in alphabetical order:

ARTICLE 19

Campaign For Uyghurs

China Aid

China Against the Death Penalty (CADP)

Chinese Human Rights Defenders (CHRD)

Christian Solidarity Worldwide (CSW)

Committee for Freedom in Hong Kong Foundation

Dialogue China

European Criminal Bar Association 

FIDH – International Federation for Human Rights

Freedom House

Friends of Falun Gong (FoFG)

Front Line Defenders

Hans Gaasbeek, Coordinator of the Foundation Day of the Endangered Lawyer

Human Rights in China (HRIC)

Human Rights Now

Humanitarian China

International Association of People’s Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers

International Observatory for Lawyers in Danger (OIAD) 

International Service for Human Rights (ISHR)

Judicial Reform Foundation

Lawyers’ Rights Watch Canada 

New School for Democracy Association

PEN America

PEN International

Safeguard Defenders

Symone Gaasbeek-Wielinga, President of the Dutch League for Human Rights

Taipei Bar Association Human Rights Committee 

Taiwan Bar Association Human Rights Protection Committee

Taiwan Support China Human Rights Lawyers Network

Tencho Gyatso, President of The International Campaign for Tibet 

Tibetan Centre for Human Rights and Democracy 

The Rights Practice

The World Uyghur Congress (WUC)

Uyghur Human Rights Project (UHRP)

https://www.frontlinedefenders.org/en/statement-report/release-human-rights-lawyer-gao-zhisheng-and-end-practice-enforced-disappearances

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UN experts demand detailed information on nine Tibetan environment defenders

August 18, 2023

From TibetanReview.net, on 11 August 2023:

Three UN human rights experts have issued a joint statement on Aug 10, asking the Chinese government to provide information about nine Tibetans imprisoned for their peaceful efforts to protect Tibet’s fragile environment.

The experts—the Special Rapporteur on the situation of human rights defenders (Ms Mary Lawlor); the Special Rapporteur on freedom of assembly and association (Mr Clément Nyaletsossi Voul); and the Special Rapporteur on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (Mr David Boyd)—have asked Beijing to provide details about the reason for the detention and the health conditions of the nine Tibetans, who were all taken in between 2010 and 2019.

“We urge the Chinese government to provide details on why and where they are being held and their health conditions, provide them with adequate medical care and permit their families access to visit them,” the Special Rapporteurs have said.

The experts have further made it clear that the lack of information shared by Chinese authorities could be interpreted as a “deliberate attempt” to hide the environmental defenders from global attention.

The nine Tibetans, identified in the release as Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy were all detained after they protested illegal mining activities or exposed the poaching of endangered wild lives.

Three of the activists are serving up to 11-years jail sentences. However, China has not made public the jail sentences of the remaining six, namely Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namsey. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

The experts have sought to know the extent of access to legal representation the imprisoned Tibetans had, and whether any of them had been provided with medical assistance while in prison.

Since the defenders were sentenced, the right to a clean, healthy and sustainable environment was recognised at the international level by the Human Rights Council and the General Assembly.

“If China is committed to tackle the impacts of climate change, it should refrain from persecuting environmental human rights defenders and release all nine immediately,” the experts have said.

China has declared mining as one of its pillar industries in occupied Tibet, and has also continued to carry out massive environmentally devastating urbanization and infrastructure projects. These have led to increasing persecution and long-term imprisonment of many environment defenders.

In a report published in June 2022, Washington-based advocacy group International Campaign for Tibet had documented 50 known cases of such Tibetans arbitrarily detained, arrested, tried and/or sentenced since 2008. Of the 50 documented cases, the prison sentences imposed on 35 of the individuals are known. The sentences range from one year and nine months to 21 years, with an average sentence length of nine years, said the group Aug 10 while reporting on the UN experts’ statement.

The environmental health of Tibet has major global implications. As the world’s “Third Pole” and Asia’s “water tower,” the Tibetan Plateau holds the largest volume of frozen freshwater outside the polar regions and is the source of Asia’s eight great rivers, ultimately sustaining the livelihoods of up to 1.4 billion people living downstream, the group has pointed out.

http://www.phayul.com/2023/08/12/48800/

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HRDs from Hong Kong fear arrest warrants and bounty

July 19, 2023

On 13 July 2023 the ITUC has protested to the Hong Kong authorities, the ILO and the UN over its deep concern about the escalation in the climate of fear, intimidation, arrests, arbitrary prosecutions, threats for the exercise of trade union rights and civil liberties in Hong Kong.

In particular, the disproportionate and unwarranted extra-territorial application of the National Security Law to target trade unionists, human rights defenders and pro-democracy advocates by the Authorities of the Hong Kong Special Administrative Region (HKSAR) undermines its commitment to fulfil their international obligations.

The ITUC has called on the HKSAR Chief Executive Officer to respect and fully implement the conclusions and recommendations of ILO supervisory bodies and UN Human Rights bodies, in law and practice, including those regarding the National Security Law.

And he has been urged to release all those arrested and imprisoned for allegations related to the exercise of civil liberties including freedom of assembly, expression, press and association and those participating in pro-democracy activities.

On 4 July 2023, the HKSAR authorities announced, under the National Security Law, the issuance of arrest warrants against eight human rights defenders and pro-democracy advocates and placed a bounty of HK$ one million on each of their heads.

ITUC Acting General Secretary Luc Triangle said: “We unequivocally deplore the HKSAR authorities’ criminalisation and securitisation of trade union and democracy-promoting activities. We consider it particularly egregious, especially given the risks to life and safety faced by trade unionists, human rights defenders and pro-democracy advocates around the world for their legitimate activities, that the HKSAR authorities approved and announced a bounty on the heads of these eight people for exercising their civil liberties or trade union rights.

“As a special administrative region of a member State of the ILO, China, the HKSAR is also obliged to respect and promote the fundamental principles and rights at work including freedom of association and treat with the utmost regard, the authoritative guidance of the ILO’s supervisory bodies.”

The ITUC letter of protest sets out the recent findings of the ILO and other UN bodies on the abuse of workers’ and trade union rights by the HKSAR. It says that seeking to apply the National Security Law in an extraterritorial manner and placing a bounty on the heads of pro-democracy advocates and human rights defenders for alleged crimes related to the exercise of civil liberties and trade union rights is an overreach and certainly not proportionate – its coercive and chilling effective is wide ranging. With the use of the National Security Law in this disproportionate and arbitrary manner, the HKSAR authorities are violating their obligations under the Constitution of the ILO and Convention 87.

https://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-enhttps://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-en

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New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

‘Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.‘

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/

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Human Rights Defenders issues at the 53rd Session of the UN Human Rights Council

June 20, 2023

The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.

To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.

See also: https://humanrightsdefenders.blog/2023/05/09/hrc52-civil-society-presents-key-takeaways-from-human-rights-council/

Here are some highlights of the session’s thematic discussions

Human rights of migrants

The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.

Reprisals

..States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

This month ISHR launched a new campaign regarding five cases. ISHR urges States to raise these cases in their statements:

  • Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
  • Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
  • Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
  • Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
  • Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.

Other thematic reports

At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:

  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  • The Special Rapporteur on the right to freedom of expression
  • The Special Rapporteur on the right to health
  • The Special Rapporteur on extrajudicial, summary of arbitrary executions
  • The Special Rapporteur on promotion and protection of human rights in the context of climate change
  • The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
  • The Working Group on the issue of human rights and transnational corporations and other business enterprises
  • The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
  • The Special Adviser to the Secretary-General on the Prevention of Genocide

In addition, the Council will hold dedicated debates on the rights of specific groups including:

  • The Working Group on discrimination against women and girls
  • The Special Rapporteur on violence against women and girls, its causes and consequences
  • The Special Rapporteur on the human rights of migrants
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on independence of judges and lawyers

#HRC53 | Country-specific developments

Afghanistan

The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.

Algeria

On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022.  We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.

China

The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.

The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.

Egypt

Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

Israel and OPT

Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.

The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.

In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Nicaragua

Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.

Russia

Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.

Sudan

Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.

Venezuela

On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:

  • Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
  • Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
  • Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
  • Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.

Tunisia

Civil society organisations have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.  

Syria

On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.

Other country situations

The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
  • Interactive Dialogue with the Special Rapporteur on Burundi
  • Interactive Dialogue with the High Commissioner on Ukraine
  • Interactive Dialogue with the Special Rapporteur on Belarus
  • Interactive Dialogue with the Fact-Finding Mission on Iran
  • Interactive Dialogue with the Independent Expert on Central African Republic

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following mandates:

  1. Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
  2. Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).

Resolutions to be presented to the Council’s 53rd session

At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):

  1. Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
  2. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
  3. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  4. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
  5. Human rights of migrants (Mexico)
  6. Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
  7. Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
  8. Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
  9. Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
  10. Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 5 panel discussions are scheduled for this upcoming session:

  1. Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
  2. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
  3. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
  4. Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
  5. Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]

https://ishr.ch/latest-updates/hrc53-key-issues-on-agenda-of-june-2023-session-of-the-human-rights-council/

https://www.reuters.com/world/asia-pacific/un-rights-chief-seeks-establish-presence-china-india-2023-06-19/

https://forum-asia.org/?p=38297

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Human Rights Measurement Initiatives – 2023 Human Rights Data Release on Asian countries

June 16, 2023

On 14 June 2023 FORUM-ASIA announced the upcoming 2023 Human Rights Data Release by affiliate member, the Human Rights Measurement Initiatives (HRMI) based in New Zealand. HRMI will this June unveil the latest findings on civil and political rights, economic and social rights (ESR), and human rights in East Asia. On June 22nd, HRMI will present the civil and political rights data, including the measurement of Freedom of Religion and Belief in nine countries, as well as scores for Bangladesh, Thailand, and the Maldives. On June 29th, they will reveal the economic and social rights data, highlighting the crucial role of ESR data in increasing investment in low-income countries and its correlation with wealth improvement. Furthermore, on June 28th, HRMI will delve into the human rights situation in China, Hong Kong, and Taiwan, exploring topics such as the evolving freedom of opinion and expression and the impact of Hong Kong’s National Security Law. Esteemed guest panelists will share their valuable insights and provide context to the scores.

For HRMI see: https://humanrightsdefenders.blog/2023/06/16/human-rights-measurement-initiative-hrmi-explained/

Civil and political rights data launch

June 22nd 2023 11pm NZ Standard Time

2023 civil and political rights data, including measuring Freedom of Religion and Belief in 9 countries, producing scores for Bangladesh, Thailand, and the Maldives, producing people at risk data about sex workers, and much more.

You can register for the zoom webinar here, it will also be livestreamed on Youtube here.

Economic and social rights data launch

June 29th 2023 Every time zone

2023 economic and social rights (ESR) data, including the role of ESR data in increasing investment in low income countries, how improving ESRs increases wealth, and much more.

You can register for our zoom webinar here, it will also be livestreamed on Youtube here.

Human rights in East Asia data launch

June 28th Every time zone

China, Hong Kong, and Taiwan’s 2023 human rights data, including how freedom of opinion and expression are evolving in these countries, the impact of Hong Kong’s National Security Law on human rights, and much more.

You can join the zoom webinar here (no registration required), it will also be livestreamed on Youtube here.

See also: https://humanrightsdefenders.blog/2019/08/22/new-zealand-funds-much-needed-human-rights-monitoring-in-the-pacific/

https://forum-asia.org/?p=38262

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HRC52: CIVIL SOCIETY PRESENTS KEY TAKEAWAYS FROM HUMAN RIGHTS COUNCIL

May 9, 2023

With quite a bit of delay I reproduce here the rsults of the 52nd session of the UN Human Rights Council. [see: https://humanrightsdefenders.blog/2023/03/02/human-rights-defenders-at-the-52nd-session-of-the-un-human-rights-council/].

  • The 52nd regular session of the Human Rights Council (HRC52) was held from Monday 27th February to Tuesday 4th April 2023.
  • On 7 March, the UN High Commissioner for Human Rights, Mr. Volker Türk presented an oral update on the human rights situation around the world. In his intervention, the High Commissioner referred to several situations around the world that raise human rights concerns and highlighted several developments. During the session, the High Commissioner also provided oral updates on Nicaragua and on Sudan on March 3,  on the Bolivarian Republic of Venezuela on March 21, on the Democratic Republic of the Congo on March 30, and on Ukraine on March 31. These oral updates given by the High Commissioner provided the basis for the general debate under Item 2 on 7th and 8th March.
  • Ten new Special Procedures mandate-holders were appointed to the following mandates: the Special Rapporteur on the situation of human rights in the Russian Federation, the Special Rapporteur on the right to development, one member to the Working Group of Experts on People of African Descent (from Asia-Pacific States), four members to the Expert Mechanism on the Right to Development (one member from African States, one from Asia-Pacific States, one from Eastern European States and one from Western European and other States), two members to the Expert Mechanism on the Rights of Indigenous Peoples (one from Asia and one from the Arctic), and one member to the Working Group on Enforced or Involuntary Disappearances (one member from Latin American and Caribbean States).
  • 43 texts (all resolutions) were considered by the Council. This represents a 23% increase in the number of adopted texts compared to one-year prior (HRC49). Of the 43 adopted texts, 28 were adopted by consensus (65%) and 15 by a recorded vote (35%).
  • After adopting 43 resolutions, the Council extended the mandates of nine thematic mandate-holders (i.e., adequate housing, foreign debt, freedom of opinion and expression, human rights defenders, migrants, minority issues, racism, sale and sexual exploitation of children, and torture), and nine country mandate-holders (i.e., Belarus, Democratic People’s Republic of Korea, the Islamic Republic of Iran, Mali, Myanmar, Nicaragua, South Sudan, Syrian Arab Republic, and Ukraine).

16 NGOs made a joint analysis:

That this Council has chosen to blatantly ignore the findings of the Fact Finding Mission (FFM) on Libya and end its mandate at a time when crimes against humanity are being perpetrated, with no sign of abating, is shocking. That it is set to replace it with a capacity-building resolution, with no ongoing monitoring and investigative component, is shameful. It sends a to message to abusive militias and armed groups that they can continue to perpetrate crimes under international law without fear of consequences. These crimes include arbitrary detention, murder, rape, enslavement, sexual enslavement, extrajudicial killing and enforced disappearance in detentions, and increasingly, repressive measures against civic groups.  David Yambio, a co-founder and speaker of the self-organized protest movement Refugees in Libya and a refugee in Libya who was forcibly conscripted by the RADA militias, and sent to war fronts, asked UN Member States in his statement before the Council, if the mandate of the FFM on Libya is discontinued who will document the violations in Libya, including against migrants, and how will the victims find justice and accountability.  Instead of appeasing unaccountable warlords and officials, the Council should let victims of violations in Libya and their loved ones know that they matter, and that committing a crime comes at a cost because no one is above the law. As a matter of priority, as per the FFM’s recommendations, the Council should establish an independent international investigative mechanism and an OHCHR established autonomous mechanism to monitor and report on gross human rights violations. See also: https://www.hrw.org/news/2023/04/07/weak-un-resolution-libya-exposes-eu-bias

We are deeply concerned by the push to undermine language on gender based discrimination and violence evidenced by the amendments tabled to replace gender with sex, or gender responsive with gender sensitive, across resolutions. This is a continuation of the trend at HRC sessions to deliberately use disinformation to attack gender equality and measures to address gender based discrimination. We remind States of their obligation to prevent and eliminate gender based discrimination and violence, it is not optional and should not be reduced in its scope. We are also deeply concerned by the attempts by some States to question the fact that a clean, healthy and sustainable environment is a universal human right, despite the recognition of this right by both the HRC and the UNGA, and in the context of the triple planetary crisis and the strong demands for environmental justice across the world. We are equally concerned about growing and coordinated efforts to undermine or outright delete standard language on the need for a ‘human rights based approach’ to development and other rights agendas, offering as a subpar substitute undefined and duplicative concepts such as a ‘people-centered approach.’ 

We welcome the adoption of the resolution on the human right to a clean, healthy and sustainable environment. The fact that all tabled amendments were massively rejected and that no State eventually called for a vote shows how much this right is important for the work of the HRC and for the international community as a whole.

We welcome the resolution on the contribution of the Human Rights Council with regard to the human rights implications of drug policy, which comes at a critical time, as States prepare for next year’s mid-term review of the 2019 political declaration. It underlines the role of the Human Rights Council, as the UN’s premier human rights body, in contributing to human rights strengthening throughout the UN system.  We welcome that the resolution promotes an approach centered on human rights and public health, including harm reduction, and that some of the amendments tabled to weaken this approach were rejected, but we regret that other amendments aimed at continuing a harmful and punitive approach to drugs were adopted. We now call on States to ensure that they comply with their human rights obligations in the design and implementation of drug policies.

Civil society participation is a cornerstone of the HRC. It brings voices from local communities and organisations who can effectively inform the HRC of human rights priorities and needs on the ground. Yet the special emergency measures and ongoing budget constraints adopted by the HRC in 2019, 2020, 2021 and 2022, coupled with measures adopted to respond to the Covid-19 crisis, and the ongoing Strategic Heritage Plan, have heavily restricted civil society participation at the HRC. We appreciate the reinstatement of side events and request that the Council continues to work with UNOG and New York to ensure that side events are kept in place amidst the implementation of the Strategic Heritage Plan. We reiterate our calls on the HRC to maintain hybrid modalities (remote participation in all debates and informal consultations) for all Observers of the HRC (States and civil society organisations with ECOSOC status), as complementary to in-person participation; to reinstate General Debates in June sessions and maintain them unrestricted; and to ensure that efficiency is not prioritised over effectiveness, expertise and inclusiveness, including by addressing the chronic underfunding of the UN’s human rights pillar. Furthermore, civil society must be able to access and communicate with the HRC freely and safely. They should not be intimidated nor suffer reprisals related to that engagement.

We welcome the renewal of the mandate of the Special Rapporteur on Human Rights Defenders. Coinciding with the 25th anniversary of the Declaration on HRDs and the 75th anniversary of the Universal Declaration of Human Rights, this reflects that the unhindered work of defenders is integral to the realisation of all human rights for all people, particularly those who have suffered discrimination or repression.

We welcome the renewal of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on the thirty-year anniversary of the creation of the mandate. Over 30 years, the mandate has played an essential role in creating a robust set of international standards and shaping how we understand the right to freedom of expression in the digital age, as well as responding to violations and helping ensure accountability and justice.

We welcome the renewal of the mandate of the Special Rapporteur on the sale, sexual exploitation and sexual abuse of children. We welcome the change in the title of the mandate in line with the Luxembourg Guidelines and the inclusion of children among the stakeholders the mandate should consult with.

We welcome the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath, given the strong report of the High Commissioner following the OHCHR examination of the human rights situation in Belarus, and the need to renew the mandate of the mechanism. However, we express disappointment that the call of Belarusian and international organisations to establish an independent investigative mechanism went unheeded.

We welcome the adoption by consensus of the resolution on the situation of human rights in the Democratic People’s Republic of Korea (DPRK) which renews the mandates of the Special Rapporteur and the OHCHR Seoul office, which are key avenues for accountability for victims and survivors. The consensus adoption demonstrates the isolation of the North Korean government and the universal condemnation of its grave violations of the human rights of its people. States should support efforts to document and preserve evidence of crimes for future prosecutions, and explore other pathways to bring to account those responsible for serious international crimes committed in North Korea.

We welcome the resolution on cooperation with Georgia, however we strongly urge Georgia to remain focused on addressing the human rights challenges in the territory within its control, not just in the Georgian territories of Abkhazia and the Tskhinvali region/South Ossetia.

While we welcome the resolution on technical assistance in Haiti, we regret that the Human Rights Council took years before putting Haiti back on its agenda.  Since the discontinuation of the independent expert in March 2017, the human rights situation in Haiti has deteriorated rapidly. The security crisis has exacerbated inequalities and has pushed thousands of Haitians to be forcibly displaced. This situation has been noted by the report of the OHCHR of February 2023 and by the High Commissioner himself after his official visit earlier this year. We also welcome that the resolution envisages the creation of an Office of the High Commissioner in the future.

We welcome the adoption of the resolution on the situation of human rights in the Islamic Republic of Iran, and the change of approach from a purely procedural resolution merely renewing the mandate of the UN Special Rapporteur on human rights in Iran to a more substantial resolution addressing some of the key issues of concern, including violations committed in the context of the repression of recent protests, violations of the rights of women and girls and of minorities, illegal use of the death penalty and persistent impunity for violations of human rights. For the first time ever, the HRC has adopted a resolution, through which it collectively expresses alarm at these “widespread, repeated and persistent” violations and urges Iranian authorities to take action on them. We also welcome the increased support from States from all regions to this resolution, and we note with appreciation that opposition to the renewal of the mandate has significantly decreased at this session, reflecting growing concerns with the situation of human rights in Iran since the repression of the protests started in September 2022 following the custodial death of Jina Mahsa Amini.  

We welcome the resolution on the situation of human rights in Myanmar maintaining the situation high on the agenda of the HRC and reaffirming the Council’s collective condemnation of the grave violations and abuses of international human rights and humanitarian law in the country. However, we regret that despite clear, repeated calls by the Special Rapporteur and civil society, the Council once again failed to call for a comprehensive arms embargo on Myanmar to prevent the ongoing violations, especially indiscriminate airstrikes on civilians and civilian infrastructure.

We welcome the resolution on the promotion and protection of human rights in Nicaragua that consolidates and extends for two years the mandates of the Group of Human Rights Experts and the OHCHR, with a new emphasis on violence against Indigenous Peoples and Afrodescendants, those forcibly displaced and striped of nationality, and reprisals, including against EMRIP member Anexa Cuningham. The exceptional two-year extension is a sheer reflection of the sustained worsening and gravity of the country’s human rights crisis – where the Group of Experts found crimes against humanity -, fueled by the government’s unprecedented lack of engagement with the UN system. The Group of Experts will be able to deepen its investigation, further identify perpetrators, and preserve evidence for justice processes.

We welcome the resolution on the situation of human rights in Ukraine stemming from the Russian aggression. The report of the Independent International Commission of Inquiry (COI) was clear: war crimes are being committed in Ukraine and the patterns of serious violations suggest other crimes are likely being committed as well, including crimes against humanity. Given the need for further investigation, the HRC is right to mandate the COI for a further year.

We welcome the renewal of the mandate of the Commission of Inquiry on Syria and call on the Council to continue to support scrutiny and accountability for gross human rights violations committed in Syria. We welcome the language in the resolution in support of the establishment of an international mechanism for the missing in Syria, and we call on UN Member States to support the creation of such an institution at the General Assembly.

We welcome the adoption of a resolution that further extends the mandate of the Commission on Human Rights in South Sudan. Such a mechanism remains vital as the conditions that prompted the Council to establish the Commission, in 2016, have not significantly changed to warrant less scru­tiny. Regarding this and other country situations, the Council should stand steadfast in support of accountability for grave violations. We stress that a purely technical assistance and capacity-building focus would be unsui­table to tackle South Sudan’s serious human rights challenges and would risk further emboldening those who perpetrate the most serious crimes.

We regret that the Council failed to respond adequately to several human rights situations including Algeria, China, Egypt, India, and Saudi Arabia.

We regret that the Council failed to respond to the situation in Algeria. Since the beginning of the Hirak pro-democracy movement in Algeria, more than 5500 Algerians have been prosecuted for exercising their fundamental rights and freedoms. According to the documentation of activists in the country, more than 70% of the people detained are in pre-trial detention. In the context of heightening repression against activists and closure of civic space, more than 500 individuals are prosecuted on the basis of so-called terrorism charges pursuant to the 2021 amended article 87 bis of the penal code. Between 2022 and 2023, four Algerians were condemned to lengthy prison sentences ranging between 10 and 15 years on the basis of this article. UN Special Procedures have continued to address the situation in Algeria, regarding the increased use by the authorities of ‘national security laws to prosecute people who exercise their rights to freedoms of opinion and expression, and peaceful assembly and association’ and raise ‘alarm at the extent of crackdown on dissent in Algeria’. In her statement on 22 February 2023, Special Rapporteur on human rights defenders addressed the dissolution of two leading human rights associations, and said “acts of intimidation, silencing and repression against the human rights movement must end”. Algeria, a member of the Council, is failing to cooperate with the Council and its mechanisms, including in the context of the UPR review where Algeria did not accept several important recommendations, especially with regards to amending the counter-terrorism law to meet international law requirements, to guarantee the protection of human rights defenders, and fundamental freedoms, including freedom of assembly and expression.

We regret the ongoing failure of the Council to respond meaningfully to the OHCHR Xinjiang report through a resolution on China. The Council’s ‘China exceptionalism’, facilitated by but by no means solely attributable to the OIC’s shameful double-standards, not only weakens its credibility but also undermines the confidence of victims and human rights defenders everywhere in its ability to respond to international crimes orchestrated by the most powerful governments. With a historic Urgent Action ruling by the CERD in November, countless Treaty Bodies recommendations, an OHCHR report, and three joint statements by over 40 Special Procedures experts, the UN system cannot be clearer: the crisis is severe, and so should be the Council’s response to it.

We regret that the Council failed to respond to the situation in Egypt. Egyptian and international civil society organisations have been calling on the  Council to adopt a resolution on the human rights situation in Egypt. The human rights situation in Egypt merits the Council’s attention according to the objective criteria which States from all regions have committed to apply on whether a situation merits the HRC’s attention. Yet, civil society’s request for HRC action at the 52nd session was declined. WHRD Sanaa Seif, sister of arbitrarily detained British-Egyptian human rights defender Alaa Abdel Fattah, came to the HRC to advocate for her brother’s release and the thousands others arbitrarily detained in Egypt. She told the Council “you can’t keep turning a blind eye on Egypt”, and urged the Council to address the human rights crisis in Egypt.

We regret that the Council once again failed to respond to the situation in India, despite the systematic rollback of fundamental freedoms, the rule of law and independent institutions as well as the ongoing harassment, intimidation and criminalisation of human rights defenders, journalists, and dissidents, and targeting of civil society organisations using national security and counter-terrorism infrastructure. The Council also has responsibility to take appropriate action to prevent potential atrocity crimes against minorities, especially Muslims, as a result of the increasing discrimination and incitement to violence often by Hindu nationalist leaders.

We regret that the Council failed to respond to the situation in Saudi Arabia, where the situation meets the objective criteria. According to ALQST’s 2022 annual report, the Saudi authorities continue patterns of abuse, including arbitrary arrests, severe jail sentences for peaceful, legitimate activity on social media, enforced disappearances, systemic gender discrimination, and harsh restrictions on prisoners of conscience released from prison, including travel bans, thus further deepening the climate of fear. We reiterate our call on the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Signatories:

  1. ARTICLE 19
  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. Association for Progressive Communications (APC)
  4. Cairo Institute for Human Rights Studies (CIHRS)
  5. Child Rights Connect
  6. CIVICUS: World Alliance for Citizen Participation
  7. Commonwealth Human Rights Initiative (CHRI)
  8. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  9. Franciscans International
  10. Gulf Centre for Human Rights
  11. Impact Iran
  12. International Bar Association’s Human Rights Institute (IBAHRI)
  13. International Federation for Human Rights (FIDH)
  14. International Service for Human Rights
  15. Southern Africa Human Rights Defenders
  16. World Uyghur Congress

https://www.universal-rights.org/uncategorized/report-on-the-52nd-session-of-the-human-rights-council/

https://mailchi.mp/ishr/ishrs-human-rights-council-monitor-april2023?e=d1945ebb90

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Yu Wensheng and Xu Yan detained again in China

April 24, 2023

On 18 April 2023 CHRD called on the Chinese government to immediately release human rights lawyer Yu Wensheng and his wife Xu Yan, who have been criminally detained and denied access to lawyers of their choice. CHRD also calls on the Chinese government to end its de facto house arrest of Yu Wensheng and Xu Yan’s 18-year-old son. CHRD urges the EU, EU member states, the US, UN bodies, and other member of the international community to forcefully condemn the Chinese government’s detention of Yu Wensheng and Xu Yan. See also: https://humanrightsdefenders.blog/2022/03/03/breaking-news-mea-laureate-yu-wensheng-released/

On April 13 at approximately 4:00 pm, human rights lawyer Yu Wensheng and his wife Xu Yan left their home in Beijing to travel by subway to attend an event at the European Delegation. They were invited to an event with the EU’s Ambassador to China Jorge Toledo Albiñana according to Politico.  

However, Yu and Xu were prevented from accessing the subway by four plainclothes police officers. One of the officers, a state security police officer, told them that they were being summoned to a police station, which Yu Wensheng announced on Twitter. The four police officers took them to the Shijingshan Bajiao police station. Human rights lawyers Wang Quanzhang, Li Heping, and Bao Longjun were also harassed by authorities during this period.

The EU Delegation to China tweeted on April 13, “We demand their immediate, unconditional release. We have lodged a protest with MFA [China’s Ministry of Foreign Affairs] against this unacceptable treatment.”

According to Rights and Livelihood Watch, on April 15 in the evening, approximately seven police officers came to Yu Wensheng and Xu Yan’s home, and they orally read a criminal detention notice to the couple’s son, who had just turned 18 years old. The pair were criminally detained on the charge of “picking quarrels and provoking trouble.” Police would not allow the son to take photos, nor would they give him the criminal detention notice. Also, even though no warrant was presented, police proceeded to search the home and carried off many items.

On April 16, two lawyers, Song Yusheng and Peng Jian, paid a visit to Yu and Xu’s son to bring him fruit, and fill out paperwork to obtain legal status to represent Yu and Xu.  There were two people guarding the door of Yu and Xu’s home. Lawyer Song knocked on the door, and it was answered by the son, but the lawyer saw that in the home there were also two officers inside, one plainclothes and one wearing a uniform. The plainclothes officer, who said his name was Lu Kai, asked what they wanted. The lawyers said that they were there to visit the son and have him sign an agreement (委托书) to entrust them as lawyers. However, the plainclothes police officers said that Yu Wensheng told them that he “doesn’t want to have lawyers at this stage” and that Xu Yan had already found two lawyers.

Yu Wensheng’s detention may also be related to his condemnation of the sentencing of Xu Zhiyong and Ding Jiaxi, two prominent pro-democracy figures. On April 12, Yu Wensheng wrote on Twitter that he had been visited at his home by Shijingshan police for a tweet he had sent out on April 9 that said, “[I] strongly condemn the Chinese authorities heavy sentence of scholar Xu Zhiyong to 14 years and of Lawyer Ding Jiaxi to 12 years! I pay my respects to Xu Zhiyong and Ding Jiaxi, who have worked hard in the struggle for freedom, democracy, human rights, and the rule of law. I believe that one day the Dream of a Beautiful China will be realized.”

In March 2022, Yu Wensheng was released from prison after serving four years and three months on the charge of “inciting subversion of state power.” Yu was taken away by police in 2018 the day after he released an open letter recommending changes to China’s Constitution, including a call for elections and the creation of an oversight system for the Chinese Communist Party.

The Chinese government has put heightened pressure on human rights award winners. Yu Wensheng was the recipient of the prestigious Martin Ennals Award in 2021 [see: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e] and the winner of the Franco-German Prize for Human Rights and the Rule of Law in 2018. Previous winners of awards have been subjected to extra-legal abuse. While Nobel Peace Prize Laureate Liu Xiaobo was at one point granted “medical parole,” he was not allowed the freedom of movement to seek medical treatment outside of China and died in de facto state custody. Likewise, Hu Jia, a prominent human rights defender and winner of the Sakharov Prize for Freedom of Thought in 2008, was prevented from seeing his dying father in his final days. Hu Jia was deprived of his liberty and “forcibly traveled” starting from March 4 of this year. Being “traveled” is a common tactic used by state security officers to ensure journalists at the annual March Two Sessions meetings or other “sensitive” political events do not talk to dissidents. Hu Jia’s father passed away from pancreatic cancer on March 9, 2023. 

The Chinese government is preventing defendants in sensitive cases from having lawyers of their own choice and instead mandating government-approved lawyers in order to prevent real legal defense. On February 10, 2023, digital rights activist Ruan Xiaohuan was sentenced to seven years in prison on the charge of “inciting subversion of state power.” His wife, Ms. Bei, wanted to hire an experienced lawyer for the appeals stage, and so she went to Beijing to talk with Shang Baojun. However, upon landing in Beijing, she was taken away by eight Shanghai police. Meanwhile lawyer Shang Baojun tried to visit Ruan at the Yangpu Detention Center in Shanghai, but staff there would not allow for the visit since they claimed that Ruan already had two legal aid lawyers. 

https://www.feedspot.com/fo/2238712/fe/4614987?hash=feed/fof_fo_2238712__f_4614987?dd=7644857710522777

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Xu Zhiyong and Ding Jiaxi, two human rights defenders in China, sentenced

April 11, 2023

The Network of Chinese Human Rights Defenders, on 10 April 2023 condemned the Chinese government’s sentencing of Ding Jiaxi and Xu Zhiyong, two of China’s most notable human rights defenders. “Their sentencing once again demonstrates the Chinese government’s hostility to peaceful advocacy of democracy and human rights, and marks a new low in the Chinese government’s human rights record,” said Ramona Li, Senior Researcher and Advocate for the group.

On April 10, the Linshu County Court sentenced Ding Jiaxi to 12 years imprisonment and 3 years deprivation of political rights, and Xu Zhiyong to 14 years imprisonment. The court, located in Shandong province, found both guilty of the crime of subverting state authority following closed-door trials.

The government consistently violated their rights under international and Chinese law throughout their detention and trial. Both Ding Jiaxi and Xu Zhiyong had been held in prolonged pre-trial detention for over three years, including periods in a form of incommunicado detention referred to as “residential surveillance in a designated location” where both were subjected to torture. Ding Jiaxi’s lawyers attempted multiple times to have the court dismiss his “confessions” as illegally obtained evidence because of they had been extracted under torture; the court rejected these motions.

Ding Jiaxi and Xu Zhiyong were refused access to lawyers for the first thirteen months of their detention, and their attorneys were refused copies of the files containing the information on which the charges were based. Witnesses cited by the prosecution, Wang Jiangsong and Dai Zhenya, publicly refuted testimony that the prosecution alleged they had provided. Family members said that authorities charged the two in Linshu county, far away from Beijing, to avoid public scrutiny of the case.

Ding Jiaxi and Xu Zhiyong were active in the New Citizens Movement, which promoted a form of civic engagement through grassroots advocacy for the implementation of the civil and human rights based on China’s laws and constitution. They were both detained amid a crackdown on human rights activists and lawyers following an informal gathering in southern Fujian province in December 2019.

Ding Jiaxi is also a Beijing lawyer who has provided support to many of the most marginalized and underprivileged groups in China, including education rights for the children of migrant workers and grassroots petitioners appealing to central government officials as a last resort to address wrongdoing by local officials. Xu Zhiyong was also a prominent lawyer who was an instrumental figure in pushing through legal reforms defending the rights of China’s internal migrant population. [see also: https://humanrightsdefenders.blog/2020/03/24/un-experts-alarmed-over-chinas-missing-human-rights-lawyers-victims-of-rsdl/]

In a pre-written statement released before his sentencing, Ding Jiaxiconnected his work to his belief in the possibility of China’s “peaceful, rational, and non-violent” transition from an authoritarian state. He wrote: “No matter the many who have doubted me or the difficulties and setbacks I’ve encountered, including physical torture that I’ve suffered, I will not part from my steadfast convictions.”

In his own statement, Xu Zhiyong described his hopes for a liberal democratic China with free elections, equal access to education and job opportunities, and social support for even the poorest to have “enough to live a dignified life.” He said he had simply “called on Chinese people to become real citizens,” and explained the urgency of doing so, saying “we cannot saddle the next generation with this duty.” [see also: https://humanrightsdefenders.blog/2014/01/24/xu-zhiyongs-closing-statement-to-the-court-a-remarkable-document/]

Both Ding Jiaxi and Xu Zhiyong should be immediately and unconditionally released per the recommendation of UN human rights experts, who have found that the two have been arbitrarily detained in violation of international law. UN human rights experts have further characterized the crime of “subversion of state authority” as being so broadly worded that charges under the crime fail to provide adequate due process to the extent that they are in violation of the Universal Declaration of Human Rights.

“The heavy sentencing of Ding Jiaxi and Xu Zhiyong is a travesty of justice. At every step, Chinese authorities have taken the wrong turn: from detaining them in secret, torturing them, falsifying witness testimony, putting them on trial in secret, and now this heavy sentence,” said William Nee, Research and Advocacy Coordinator for CHRD.

“Democracies and international organizations around the world must stop paying only lip service to human rights. They must take concrete and credible measures to gain the release of Xu Zhiyong and Ding Jiaxi, as well as the thousands of prisoners of conscience in China, in the Tibetan and Xinjiang regions and Hong Kong,” said Renee Xia, CHRD executive director.

https://www.nchrd.org/

https://www.theguardian.com/world/2023/apr/10/china-jails-two-leading-human-rights-lawyers-after-closed-door-trial

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