Affichage des articles dont le libellé est Xie Yanyi. Afficher tous les articles
Affichage des articles dont le libellé est Xie Yanyi. Afficher tous les articles

mardi 21 novembre 2017

Rogue Nation

China jails yet another human rights lawyer in ongoing crackdown on dissent
By Emily Rauhala and Simon Denyer

Jiang Tianyong in 2012.

BEIJING — A Chinese court on Tuesday convicted a prominent human rights lawyer of “inciting subversion of state power,” a vague charge often used to jail critics of the Chinese Communist Party, and sentenced him to two years in prison.
Jiang Tianyong, 46, is the latest lawyer known for defending government critics to be jailed. 
More than 200 have been detained over the last two years in the ongoing crackdown on criticism in China.
The court in the central Chinese city of Changsha said Jiang tried to “overthrow the socialist system” by publishing articles on the Internet, accepting interviews from overseas media, smearing the government and over-publicizing certain cases.
His defenders maintain these are all normal activities of his job as a lawyer.
The trial and sentencing are seen by human rights experts as an attack on what remains of the country’s legal activist community and on liberal politics in general, as Xi Jinping moves to bolster the Communist Party and purge its critics.
This case has been an absolute travesty from the beginning, sustained by nothing other than pure political persecution, not facts or broken laws,” said Sophie Richardson, China director of Human Rights Watch. “By putting Jiang Tianyong behind bars, China does him, his family and itself irrevocable harm.”
Jiang Tianyong’s trial was a total sham,” William Nee, China researcher at Amnesty International, said in a statement.
“Even with the most rudimentary examination of the facts, the case against him crumbles,” he continued. 
“His so-called confession and apology, extracted under duress, were nothing more than an act of political theater directed by the authorities.”
Jiang is one of more than 200 lawyers, legal assistants and activists detained in what is known as the “709 crackdown” for the day the purge started — July 9, 2015.
Some were released, but a number of leading lawyers have been charged with subversion, smeared in the party-controlled press, then subjected to what critics call political show trials, where they inevitably confess, on camera, to whatever charges they face.
In recent weeks, Chinese authorities stopped the child of another human rights lawyer who was targeted, Wang Yu, from traveling abroad to study. 
Wang’s lawyer, Li Yuhan, was detained in October.
Jiang was known for his robust defense of those criticizing the Chinese government.
Xie Yanyi, a Chinese rights lawyer, called him in a statement the “soul of the 709 rescue effort” for his determination to help colleagues in trouble. 
Jiang “spared no effort” when it came to defending China’s most vulnerable groups, Xie said.
Jiang disappeared into state custody in November 2016 as he traveled from Beijing to Changsha to advise another human rights lawyer, Xie Yang, who had been detained.
In January, Xie’s attorneys published a transcript of their client describing the torture he endured in custody. 
But at his trial in May, Xie denied his own account. 
At his own trial in August, Jiang told the court that he had helped Xie invent the account.
Experts see the turnarounds in Xie and Jiang’s testimonies as further evidence that “709” lawyers are being tortured while in custody. 
At his August trial, Jiang, looking defeated, confessed to the court — and the cameras — that he did everything prosecutors claimed and then asked, meekly, for mercy.
“We are concerned that throughout the proceedings Jiang Tianyong has not been allowed access to lawyers of his own choosing and that he was obviously prejudged through a ‘confession’ aired by Chinese TV before his trial had even begun,” German Ambassador Michael Clauss said in statement released at the time of trial. 
“Under these circumstances, a fair trial is impossible.”
Jiang’s wife, Jin Bianling, who lives in Los Angeles, has already written to Matt Potinger, an adviser to Trump, asking for help with her husband’s case. 
“I am entreating you to save my husband,” she wrote in a letter dated. Aug. 24.
Jin said she was able to briefly speak with Jiang after the sentencing. 
She said she told him she will wait for him and that she hopes she will one day see him again.
“He said he misses us,” she said.

mardi 24 janvier 2017

China must respect lawyers’ human rights

"By detaining and disappearing these lawyers and law firm staff, China is in breach of its international obligations as well as Chinese domestic criminal law and constitutional principles. 
"It is also violating the UN basic principles on the role of lawyers, the UN declaration on human rights defenders and the UN body of principles for the protection of all persons under any form of detention or imprisonment."

Wang Yu, a prominent Chinese human rights lawyer, pictured in April 2015. She and her husband Bao Longjun were arrested on subversion charges. Her son Bao Zhuoxuan has also disappeared. 
On 18 January 2016, senior lawyers, judges and jurists from many countries and international organisations wrote a letter to the Guardian to express our deep concern about the unprecedented crackdown on criminal defence and human rights lawyers that began on the night of 9 July 2015 with the enforced disappearance of lawyers Wang Yu and Bao Longjun, and their 16-year-old son, and has most recently included the emergence of lawyer Li Chunfu from over 500 days of incommunicado detention with signs of serious mental illness, as well as physical suffering.
From 9 July 2015 to the present, hundreds of lawyers, law firm staff, and family members have been subject to intimidation, interrogation, detention as criminal suspects, wrongful criminal convictions and forced disappearance.
We, the undersigned lawyers, judges and jurists, now write again to express our continued grave concern over subsequent developments in China, in particular the treatment of the lawyers and legal assistants named in our 18 January 2016 letter, as well as some of their close colleagues, supporters and family members.
We observe the following developments with concern:
The authorities have continued to deny several of the detainees, who have been held incommunicado and are facing trial, access to their appointed lawyers (in cases including those of, Li Heping, Wang Quanzhang, and until recently Xie Yang and Li Chunfu.
• Detainees are reported to have suffered physical violence at the hands of prison guards: lawyer Xie Yang in January 2017 testified to torture methods including beatings; stress positions; several guards simultaneously blowing cigarette smoke in his face; food, drink and sleep deprivation; denial of medical care; denial of basic personal hygiene; death threats; and excessive questioning at the hands of the authorities. On 23 January 2017, lawyers Li Heping and Wang Quanzhang were reported to have been tortured with electric shocks that made them faint.
• Detainees are feared to have been inappropriately medicated (documented in the case of Li Chunfu, who was given pills for “high blood pressure” even though his blood pressure according to independent diagnosis is normal).
• The authorities have claimed that lawyers chosen by the detainees or their family members have been “dismissed” and replaced by lawyers chosen by the authorities (for example, in the case of Li Heping).
• Some detainees have suffered judicial persecution through implausible criminal charges and convictions including “subversion of state power”, “inciting subversion of state power” and other crimes against national security and public order (for example, in August 2016, Zhou Shifeng was sentenced to seven years in prison).
• Some detainees, including Wang Yu and her husband Bao Longjun and legal assistant Zhao Wei, are claimed to have been “released” from detention centres into private homes, and yet they are closely monitored and wholly isolated from friends and colleagues.
• Written, oral and video statements of self-incrimination and self-renunciation by the detainees, apparently induced by the authorities, have been released through official media channels (for example, lawyer Zhang Kai was induced to make such a statement, which he later retracted).
The authorities have put pressure on detainees’ spouses, siblings, children and parents to persuade the detainees to confess and admit guilt (for example, video-recorded statements by the parents of lawyers Li Chunfu and Li Heping were obtained by means of false representations).
Detainees’ families have suffered further persecution: for example, the wives of Li Heping, Wang Quanzhang, Xie Yang and Xie Yanyi have been subjected to police monitoring and harassment; the children of Li Heping and Wang Quanzhang have been denied enrolment at state schools due to police pressure; and the authorities have put pressure on the landlords of Wang Quanzhang’s and Xie Yanyi’s families to evict them from their homes.
• Detainees have been defamed through media reports, officially released video-clips and similar materials similar materials portraying them as criminals and enemies of their country.
Further, human rights lawyer Jiang Tianyong is being held on charges of inciting subversion of state power, after having been disappeared on 21 November 2016. 
A colleague and friend of several of the original detainees, lawyer Jiang Tianyong has been forcibly disappeared and on at least two occasions tortured in the past; and his health remains frail, partly as a result of previous torture. 
There is grave concern that his rights to personal liberty, the right not to be tortured, and right to a fair trial have been violated yet again.
We continue to be particularly concerned about people who have been detained and/or disappeared and tortured on past occasions of forced disappearance or criminal detention. 
These include Li Heping, his brother Li Chunfu, Wang Quanzhang and Jiang Tianyong, as well as Zhang Kai, who retracted his self-renunciation statement in late August 2016.
Xi Jinping has repeatedly stated that “China is a country ruled by law” and that “every individual [Communist] party organisation and party member must abide by the country’s constitution and laws and must not take the party’s leadership as a privilege to violate them”. 
Yet the events just described appear to move farther and farther away from those commitments.
China has signed and ratified the UN convention against torture and signed the international covenant on civil and political rights. 
By detaining and disappearing these lawyers and law firm staff, China is in breach of its international obligations as well as Chinese domestic criminal law and constitutional principles. 
It is also violating the UN basic principles on the role of lawyers, the UN declaration on human rights defenders and the UN body of principles for the protection of all persons under any form of detention or imprisonment.
In order to vindicate its claim to be a responsible stakeholder in the international community and to be a respected global superpower, it is imperative that China honour its international commitments to international conventions and human rights. 
Therefore, we respectfully urge China to:
• Ensure the release of the detained or arrested lawyers and others held with them without legal basis.
• Ensure access to counsel for all those detained, arrested or otherwise held as a criminal suspect.
• Confirm the whereabouts of those forcibly disappeared.
• Ensure that the rights of those detained, including their right to adequate medical treatment, are safeguarded.
• Ensure that those detained and their colleagues will be protected from any future control measures such as: tracking and following, violent attacks, soft detention, being “travelled”, being asked to have “chats”, criminal, administrative, judicial detention, forced disappearance, torture and psychiatric incarceration.
We will continue to monitor the fate of the lawyers and staff concerned closely.


Dominique Attias
Vice-president of the Paris bar, general secretary of the International Observatory of Lawyers in Danger, France
Robert Badinter Former French minister of justice and former president of the French Constitutional Council, France
Gill H Boehringer Coordinator of the International Association of People’s Lawyers, former dean of the Macquarie University Law School, Australia
Laurence Bory President of the International Association of Lawyers (IAL)
Edgar Boydens Dormer president of the Dutch Brussels Ba, president of Lawyers with Borders (Belgium)
Kirsty Brimelow QC Chair of the Bar Human Rights Committee of England and Wales (BHRC), UK
Jean-Pierre Buyle President of the French and German speaking bar of Belgium
Reed Brody Counsel and spokesperson for Human Rights Watch, United States
David Collins President, American Bar Foundation (2014-2016), United States
Alexandre Couyoumdjian and Virginie Dusen Co-chair, Association of Armenian Lawyers and Jurists, France
Elizabeth Evatt Companion of the Order of Australia; former president, Australian Law Reform Commission, and member of the UN Human Rights Committee; currently, commissioner, International Commission of Jurists, Australia
Pascal Eydoux President of the French National Bar Council; president of the International Observatory for Lawyers in Danger, France
Carlos Fuentenebro President of the Bizkaia Bar Association, Spain
Ruthven Gemmell President of the Council of Bars and Law Societies of Europe
Sonia Gumpert President of the Madrid Bar Association, Spain
Patrick Henry President of the Human Rights Committee of the Council of Bars and Law Societies of Europe (CCBE) and vice-president of Lawyers without Borders, Belgium
Asma Jahangir Jurist, president of the Supreme Court Bar Association of Pakistan, founding member of the Human Rights Commission of Pakistan
Grégoire Mangeat President of the Geneva Bar Association, Switzerland
Michael Mansfield QC Barrister and professor at law, City University, London, UK
Andrea Mascherin President of the Italian National Bar Council, Italy
Juan E Mendez Professor of human rights law, former UN special rapporteur on torture, 2010-2016, Argentina
Marcus Mollnau President of the Berlin bar (Rechtsanwaltskammer Berlin), Germany
Manfred Nowak Professor of international law and human rights at Vienna University, Austria
Victoria Ortega Benito President of the Spanish National Bar Council, Spain
Christophe Pettiti General secretary of the Paris Bar Human Rights Institute, France
Stuart Russell Former administrative judge, Australia
Clive Adrian Stafford Smith Human rights lawyer, UK
David J Scheffer Former US ambassador at large for war crimes issues; Mayer Brown/Robert B Helman professor of law and director, Center for International Human Rights, Northwestern University Pritzker School of Law, USA
Rechtsanwalt und Notar Ulrich Schellenberg President of the German Bar Association (Deutscher Anwaltverein), Germany

samedi 10 décembre 2016

Human Rights Day: US and EU call on China to release political prisoners

‘I remain extremely concerned about the ongoing detention of Chinese lawyers,’ the US ambassador to China says
By Benjamin Haas in Hong Kong

More than half a dozen political prisoners in China should freed, the United States and European Union have said, citing a deteriorating human rights situation that has seen hundreds lawyers and activists detained in the past year.
Since coming to power in 2012, Xi Jinping has presided over a wide-ranging crackdown on freedom of expression, rights lawyers, feminists, activists and religion. 
About 250 lawyers and activists were detained by police starting in July last year in what some have called a war on law.
“I remain extremely concerned about the ongoing detention of Chinese lawyers,” Max Baucus, the US ambassador to China, said in a statement
“China’s treatment of these lawyers and advocates calls into question its commitment to the rule of law.”
Crusading attorneys Li Heping, Wang Quanzhang, Xie Yang and Xie Yanyi all remain remain behind bars, and Baucus singled out their cases and called for their release. 
The EU echoed many of the same sentiments and highlighted the same jailed lawyers.
“We urge China to immediately release any individual who has been detained … for seeking to exercise, protect or promote their own rights or the rights of others,” the EU statement said.
The US and EU made the calls to mark Human Rights Day, a United Nations holiday commemorating the adoption of the Universal Declaration of Human Rights, which China signed.
“During the past year, we have been extremely troubled about the deterioration of the situation with respect to freedom of expression and association,” the EU statement said.
“We are equally concerned about all human rights defenders and their family members who have been harassed and punished because of their work in promoting rights which are protected in China’s Constitution and international law.”
Both the US and EU called for Nobel Peace prize laureate and democracy activist Liu Xiaobo, who has been in prison since 2008, to be freed.
Tashi Wangchuk, a jailed Tibetan language advocate, was also mentioned by both governments. 
His case is emblematic of the hardline stance China has taken towards ethnic minorities who do not toe the Communist party line. 
Another victim of those policies is Ilham Tohti, a Muslim Uighur academic sentenced to life in prison, who the EU said should be released.
“I can tell you that China’s approach to human rights directly impacts our overall bilateral relationship,” Baucus said. 
“While other countries celebrate when their citizens win the Nobel Peace prize, Chinese Peace prize winner Liu Xiaobo remains jailed.”
The strongly-worded statement on human rights from the US may be its last for a while, Chinese activists worry
They fear president-elect Donald Trump will pull back from defending right around the world.
Curiously absent from the EU statement was Gui Minhai, a Swedish national and publisher of books critical of China’s leaders, who was abducted from Thailand a year ago
He later appeared in China, giving a televised “confession”.
More than 120 authors also took the opportunity of Human Rights Day to call on Xi to his end his government’s fierce crackdown on writers and dissidents, with the authors saying they “cannot stand by as more and more of our friends and colleagues are silenced”.