amnesty international PEOPLE'S REPUBLIC OF CHINA No Improvement in Human Rights: The Imprisonment of dissidents in 1998 4 March 1999 AI Index: ASA 17/14/99 Despite the marking of the 50th anniversary of the adoption of the United Nations Declaration of Human Rights in 1998 and despite the recent signing by China of the two United Nations Covenants on Human Rights there are still no guarantees for the Chinese people that they will not be detained or arrested for seeking the freedoms of association and expression enshrined in the UN Declaration. In the past twelve months, many scores of people throughout China have been detained, harassed and imprisoned solely for exercising these rights. The Chinese government’s signing of the International Covenant on Civil and Political Rights (ICCPR) in October 1998, the visits to China of American President Bill Clinton, and the UN High Commissioner for Human Rights, Mary Robinson were heralded as triumphs for diplomacy and human rights ‘dialogue’. International opinion began to suggest that the Chinese authorities were making improvements in human rights. However, as the prospect of international censure recedes and the international spotlight faded, the Chinese authorities once again began to crack down on dissidents and activists. During the last few weeks of 1998, over 29 dissidents were detained, four leading dissidents sentenced to lengthy terms of imprisonment and several other dissidents and labour activists have been sentenced to re-education through labour terms and lengthy terms of imprisonment. Since October 1998 when China signed the ICCPR it is estimated that over 80 dissidents have been detained and at least 15 high profile dissidents have been given heavy prison sentences or assigned to re-education through labour. The Chinese authorities have rushed through the trials of three key dissidents who had attempted to openly set up a political party.1 The trials of Wang 1 Throughout China dissidents in various provinces have been attempting to register the party locally. Each attempt has been met with refusal and the detention/harassment of the activists. According to the constitution of the Party there is no reference made to it seeking the overthrow of the Chinese Communist Party. Youcai, Xu Wenli and Qin Yongmin took place on 17 and 21 December. Each trial lasted only a few hours. These are the first very high-profile dissidents to be tried under the new “national security” provisions of the Criminal Law, which replaced the provisions on “counter-revolutionary crimes” after the law was revised in 1997 (which came into force in October 1997). The three trials took place in three different provinces, barely three weeks after the defendants were detained, on 30 November 1998. The speed with which the defendants were brought to trial and the harassment of the chosen defenders made it impossible for them to hire lawyers of their choice and to prepare a proper defence. Wang Youcai and Qin Yongmin did not have lawyers - only Xu Wenli had a lawyer, appointed by the state. The trials and the sentences given to these dissidents and many others not highlighted in this document show very clearly that the repeal of the old provisions on ‘counter- revolution’ have not lead to any meaningful reform of the law itself. Instead it is clear that the new charges regarding activities allegedly violating ‘state’ or ‘national security’ are being used instead for the continuing repression and imprisonment of dissidents and political activists. Unofficial Groups Many of those detained in 1997 have been detained in connection with their support for a small but growing number of unofficial political groupings or parties. Among recent groupings, the most organised and widespread seems to be the Chinese Democratic Party (CDP) which was initially founded in Zhejiang province by a group of dissidents; Wang Youcai, Wang Donghai and Lin Hui. The first arrests of members of the CDP began on 10 July 1998 within hours of the first application to register the CDP. The arrests of party members started a chain of protests within China from other dissidents, many of whom were themselves later harassed, questioned or detained. Members in other provinces also began to try to legally register provincial branches of the CDP and were themselves detained or arrested. According to Statements received the Chinese Democratic party’s main aims are “Freedom, Democracy, Justice and Peace” by "non-violent, rational and peaceful methods". In the application to register the group in Shanghai, it was stated that the CDP will ‘continue to recognize ‘ the Chinese Communist Party as the ruling party. According to Chinese law, all independent groups must be registered. Under the Chinese Constitution “citizens of the people’s republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” 2 and could therefore organise themselves into groups. In practice however this is not the case. 2Article 35, Constitution of the People’s Republic of China (1982). In October 1998, the same month that it signed the International Covenant on Civil and Political Rights, which enshrines the right to freedom of association, the Chinese government revised several laws on the registration of groups which had the effect of increasing the limitations on this right. 3 These laws cover the whole of Chinese society. They increase the legal requirements and time necessary for establishing a social group, they allow the authorities more leeway to forbid the registration of selected groups, forbid any involvement of people who have ever had their political rights removed, and increase the controls which can be placed on the groups by their official government ‘sponsors’. The new laws also specify the amount of ‘legitimate’ funds a new group should have. The term ‘legitimate ‘ is not clear and the authorities could use this clause to interfere with and stop the running of a group. Under Chinese laws, receiving funds from “harmful to state security” or “hostile” individuals and groups outside the country may be considered a criminal offense. Related charges have been used against many of the dissidents who have been recently sentenced such as Wang Youcai who was accused of, amongst other things, colluding with overseas hostile organisations and ‘accepted overseas assistance to engage in activities for the purpose for subverting state power’. Other groups which have emerged in the past twelve months include the China Development Union and its sister organization the China New Development Strategy Research Institute4. The leader of this grouping of self styled "moderates", reformist writer, Peng Ming, led weekly discussions in their Beijing office on reform issues. In October he was briefly detained and allegedly ordered to dissolve the Institute. Still optimistic about his future at that time he told a journalist: " If the authorities cannot tolerate a moderate like me, does China still have hope?"5. On 23 November Peng Ming and six other members were detained and the Beijing Bureau of Civil Affairs "disbanded" the organization, claiming it was an un approved and unregistered body and equipment was confiscated from the office. On 26 November Beijing Dongcheng District Court reportedly accepted a lawsuit filed by Peng Ming against the Bureau for unlawfully closing the group. Two months later, on 25 January 1999, Peng was detained by the police for allegedly 'buying sex' from prostitutes, in what he and his family assert was a set-up. On 26 February his family were informed that he had been assigned to 18 months' re-education through 3On October 25, 1998, China’s State Council promulgated new Regulations on the Registration and Management of Social Groups. It also promulgated the Provisional Regulations on the Registration and Management of People-Organized Non-Enterprise Units and another law, the Provisional Regulations on the Registration and Management of Institutional Units is expected. 4Reportedly, the Institute was initially sponsored in late 1997 by the official China International Culture Broadcast Centre, affiliated to the Ministry of Public Security, and the Union was registered in Hong Kong in 1998. 5Reuters 8.11.98 labour for prostitutes and their clients (shouke jiaoyang) for "suspected involvement in hiring prostitutes". They were reportedly not informed of his whereabouts. Several other dissidents have been sent to re-education through labour camps for similar alleged offences in the past few months including Wei Quanbao and Zhang Lin who were both assigned to three years' re-education through labour for various alleged offences including hiring prostitutes. Other similar new groups include the ‘Economic and Social Rights Promotion Association’ headed by Leng Wanbao and An Fuxing, the China Human Rights Monitor which involved Qin Yongmin and others who have also been detained, and the ‘Corruptive Behaviour Observers’ headed by An Jun in Henan province which was ordered by the authorities to shut down all its activities in October 1998. In addition to the detention and arrests of political activists many others have also been the victims of the Chinese authorities unwillingness to respect the human rights of their citizens. Many others working for freedom of association, the right to hold strikes and form trade unions, people who have been supporters of democracy activists and those exercising their right to participate in elections have all been harassed, detained or imprisoned. This document and the following cases outline some illustrative examples of the people being sentenced to imprisonment for daring to call for freedom of association or the freedom to have independent trade unions and even for exercising the freedom to use the Internet. It does not cover the cases of people detained for exercising their right to freedom of religion or those belonging to minority groups. WANG YOUCAI Wang Youcai, 32 years, a former student leader in Beijing in 1989, based in Hangzhou, Zhejiang province, was sentenced on 17 December 1998 to eleven years imprisonment and three years deprivation of political rights for the crime of "Subverting State Power" .