Submission of Information to the Special Procedures

7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

To what issues/themes/areas is your submission related? Please select the primary area of concern concern (the following are a general categorization of concerns. Therefore, in case of doubt please use the option “Human rights violation”): * Human rights violation Bill, legislation or policy Add information to a previous submission

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Submission summary

Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

Primary area of concern Please select one of the three options to progress beyond this page; only one option can be selected for each submission.

Help and Information Fields marked with an asterisk are mandatory; you have to fill them in, in order to move to the next step.

“Human right violations” address cases of alleged abuses against, or violations of the human rights of an individual or individuals, or a group or a community.

“Bill, legislation or policy” address cases where a draft or existing legislation, a decree or a policy are allegedly contravening human rights norms and standards. « Add information to a previous submission »: if your submission was sent via the online form, please include its submission reference.

https://spsubmission.ohchr.org/type 1/1 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

To what issues/themes/areas is your submission related? Please select 1 to 5 issue(s) of concern to which your submission is related to in the list, then reply to the consent question at the bottom of the screen. Once you have confirmed consent you can continue to the next step. * African Descent albinism arbitrary Detention business cultural rights development disability disappearances education environment executions food foreign debt freedom of opinion and expression freedom of peaceful assembly and of association hazardous substances health housing human rights defenders independence of judges and lawyers indigenous peoples internally displaced persons international order international solidarity leprosy mercenaries migrants minority issues older persons poverty privacy racism religion or belief sale of children https://spsubmission.ohchr.org/type/mandates 1/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures sexual orientation and gender identity slavery terrorism torture trafficking in persons truth, justice, reparation and guarantees of non-recurrence unilateral coercive measures violence against women water and sanitation women and girls

Belarus Cambodia Central African Republic Democratic People’s Republic of Korea Eritrea Islamic Republic of Iran Mali Myanmar Palestinian territories occupied since 1967 Somalia Sudan

Consent

You must check the box below to indicate you have the consent of the alleged victim to make a submission to Special Procedures. * I am/we are the alleged victim(s), and I/we give my/our consent I am/we are the representative(s) of the alleged victim(s), and I/we have her/his/their consent I am/we are member(s) of the family/ies of the alleged victim(s), and I/we have her/his/their consent The nature of the allegation is such that consent cannot be obtained, e.g. the victim(s) is/are dead or has/have been subject to an enforced disappearance

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Submission summary

Help and Information The selection of an issue of concern is mandatory. You may select only one or up to five issues of concern.

Then reply to the consent part at the bottom of the page. https://spsubmission.ohchr.org/type/mandates 2/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Consent Before giving consent, please note that:

The identity of alleged victims will be included in communications with Governments and others, such as intergovernmental organisations, businesses, military or security companies. If the alleged victims or their representatives make it clear in the submission that concerns relating to the security of the alleged victims exist, the experts may exceptionally decide to withhold the victims’ names from the communication The names of alleged victims usually appear in the public Communications reports of the Special Procedures - except alleged victims under 18 years of age or alleged victims of sexual violence, whose names are NOT published. If the alleged victims or their representatives make it clear in the submission that concerns relating to the security of the alleged victims exist, the names of the alleged victims will NOT be published.

https://spsubmission.ohchr.org/type/mandates 3/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Victim's information - victim is a person

Personal information

First name: * Family name: *

Michael Kovrig

Sex: * Male Female Other

Does the self-identified name/gender/identity differ from the information above? Yes No Date of birth: 1970

Date of birth approximate? Victim is a child (under 18 years of age)?

Nationality: Canada

Information relating to arbitrary Detention

Identity document Issued by

Passport Canada

Issued on Identity document number

Other information concerning the victim

Ethnic, religious, social or other background: Occupation:

Senior Adviser, International Crisis Group

Other status: Bisexual Ethnic minority Gay Indigenous Internally displaced Intersex Lesbian Migrant person National minority Older person People of African Person with disability descent

https://spsubmission.ohchr.org/victims/individual 1/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures Refugee / asylum Religious minority Stateless Transgender seeker Other

Affiliation or activity: Affiliation in an organization or association

Contact information of the victim

Address: The victim is detained in China and can not be contacted.

57 / 2000 characters max

Email: Telephone:

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Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

A group/community Please choose this box if the incident/situation involves an alleged violation of the human rights of the group or the community as such.

Name and/or description of the group/community

In case the group/community does not have a name, please make sure to provide a precise description of the group/community, in particular its common social, economic or political interests ; characteristics ; location ; or any other status that make it a group/community in the context of this submission.

Contact information of the victim

Please indicate the address at which you can be contacted ; if this is not your address of residence, please indicate care of (C/O) the person or civil society organisation or association through whom/which you can be contacted.

Communications with governments

Please note that the identity of alleged victims will be included in communications with Governments and others, such as intergovernmental organisations, businesses, military or security companies. If the alleged victims or their representatives https://spsubmission.ohchr.org/victims/individual 2/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures make it clear in the submission that concerns relating to the security of the alleged victims exist, the experts may exceptionally decide NOT to include the victims’ names in the communication

Special procedures communications reports to the human rights council Please note that the names of alleged victims usually appear in the public Communications reports of the Special Procedures - except alleged victims under 18 years of age or alleged victims of sexual violence, whose names are NOT published. If the alleged victims or their representatives make it clear in the submission that concerns relating to the security of the alleged victims exist, the names of the alleged victims will NOT be published

https://spsubmission.ohchr.org/victims/individual 3/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Victim's information - victim is a person

Personal information

First name: * Family name: *

Michael Kovrig

Sex: * Male Female Other

Does the self-identified name/gender/identity differ from the information above? Yes No Date of birth: 1970

Date of birth approximate? Victim is a child (under 18 years of age)?

Nationality: Canada

Information relating to arbitrary Detention

Identity document Issued by

Passport Canada

Issued on Identity document number

Other information concerning the victim

Ethnic, religious, social or other background: Occupation:

Senior Adviser, International Crisis Group

Other status: Bisexual Ethnic minority Gay Indigenous Internally displaced Intersex Lesbian Migrant person National minority Older person People of African Person with disability descent

Affiliation or activity: Humanitarian, solidarity, human rights-related activity

Contact information of the victim

Address: The victim is detained and China and can not be contacted.

58 / 2000 characters max

Email: Telephone:

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Help and information

Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture Victims: Michael Kovrig ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

A group/community Please choose this box if the incident/situation involves an alleged violation of the human rights of the group or the community as such.

Name and/or description of the group/community In case the group/community does not have a name, please make sure to provide a precise description of the group/community, in particular its common social, economic or political interests ; characteristics ; location ; or any other status that make it a group/community in the context of this submission.

Contact information of the victim

Communications with governments https://spsubmission.ohchr.org/victims/individual 2/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Please note that the identity of alleged victims will be included in communications with Governments and others, such as intergovernmental organisations, businesses, military or security companies. If the alleged victims or their representatives make it clear in the submission that concerns relating to the security of the alleged victims exist, the experts may exceptionally decide NOT to include the victims’ names in the communication

https://spsubmission.ohchr.org/victims/individual 3/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Victim's information - victim is a person

Personal information

First name: * Family name: *

Michael Spavor

Sex: * Male Female Other

Does the self-identified name/gender/identity differ from the information above? Yes No Date of birth: 1976

Date of birth approximate? Victim is a child (under 18 years of age)?

Nationality: Canada

Information relating to arbitrary Detention

Identity document Issued by

Passport Canada

Issued on Identity document number

Other information concerning the victim

Ethnic, religious, social or other background: Occupation:

Consultant

Other status: Bisexual Ethnic minority Gay Indigenous Internally displaced Intersex Lesbian Migrant person National minority Older person People of African Person with disability descent

Affiliation or activity: Cultural activity

Contact information of the victim

Address: The victim is held in detention in China and can not be contacted.

66 / 2000 characters max

Email: Telephone:

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Help and information

Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture Victims: Michael Kovrig ✘ Michael Kovrig ✘ Michael Kovrig ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

A group/community Please choose this box if the incident/situation involves an alleged violation of the human rights of the group or the community as such.

Contact information of the victim

https://spsubmission.ohchr.org/victims/individual 2/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

https://spsubmission.ohchr.org/victims/individual 3/3 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Submitting person

Personal information

First name: * Family name: *

David Matas

Does the self-identified name/gender/identity differ from the information above? Yes No

Contact information Your case may not be taken up by the Special Raporteur, the Independent Expert or the Working Group if they can not contact you, the victim or the victim’s legal representent.

Address: 602-225 VAUGHAN ST Winnipeg, Manitoba Canada R3C 1T7

52 / 2000 characters max

Email: * Telephone:

[email protected] 1-204-944-1831

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Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture Victims: Michael Kovrig ✘ Michael Spavor ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español https://spsubmission.ohchr.org/submitter/individual 1/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Submitting person(s) / organisation(s) The identity of the person(s) or organisation(s) submitting information to the Special Procedures is kept confidential; it is NOT mentioned in the communication to the Government, and it is NOT published in the Special Procedures Communications Report to the Human Rights Council.

https://spsubmission.ohchr.org/submitter/individual 2/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Consent / Disclosure /Confidentiality

Disclosure consent

Does the alleged victim(s) or group/community agree to have their name(s) disclosed in a letter that may be sent to the Government, or others, such as intergovernmental organisations including United Nations entities, businesses, military or security companies? * Yes No Please specify: I assume that they would agree. Their victimization is publicly reported in Canada.

Does the alleged victim(s) agree to have their name(s) appear in a public report to the Human Rights Council? * Yes No Please specify: For the same reason, that their victimization is publicly reported.

Consent relating to arbitrary Detention

Please confirm that the victim, or the victim's family, or the victim's legal representative is in agreement that the case can be dealt with through the regular procedure of the The identity and the details of the victim's case can be Working Group communicated to the Government concerned Yes Yes No No

The identity of the victim can be published in the communications report to the UN Human Rights Council Yes No

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https://spsubmission.ohchr.org/disclosure 1/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures Help and information

Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention torture Victims: Michael Kovrig ✘ Michael Spavor ✘ Submitter: David Matas ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

Communications with governments Please note that the identity of alleged victims will be included in communications with Governments and others, such as intergovernmental organisations, businesses, military or security companies. If the alleged victims or their representatives make it clear in the submission that concerns relating to the security of the alleged victims exist, the experts may exceptionally decide NOT to include the victims’ names in the communication. In case you choose not to consent to have the name(s) of the victim(s) disclosed in a letter that may be sent to the Government or others, such as intergovernmental organisations, businesses, military or security companies, please specify what are your reasons in terms of protection of the victim(s).

https://spsubmission.ohchr.org/disclosure 2/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Circumstances of the case

Case details

Country where the incident allegedly occured/is occuring/might occur: * China

If relevant to your submission, please indicate whether there are additional country/ies where the incident allegedly occurred/is occurring/might occur, or otherwise related to the case submitted Afghanistan Albania Algeria Andorra District / province / area (could be different locations) where the incident allegedly occurred/ is occurring/ might occur (if/ as relevant): For Michael Kovrig, Beijing. For Michael Spavor, Dandon, Liaoning

Please provide a short chronological summary of the incident: what happened; when (date/time); who was involved? See attached file.

18 / 2000 characters max

Does the alleged victim believe she/he was targeted due to her/his: Age Belonging to a specific group Colour Engagement in human rights, trade union, political, religious activities or other types of activities Has the incident been reported to the relevant authorities? Yes No Don't know

Please include details of any complaints filed or any other action taken by the alleged victim(s) or anyone else on their behalf? I am not aware of any other complaints filed.

45 / 2000 characters max https://spsubmission.ohchr.org/caseinfo 1/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Has the Government taken action to prevent or investigate the incident, punish the perpetrators, or ensure compensation to the alleged victim(s)? Yes No Don't know

Information relating to arbitrary Detention

Date of arrest Approximate date?

10/12/2018 Yes No Place of arrest Not known

Beijing for Michael Kovrig, Dandong Liaoning for Michael Sp Yes No What reasons were given for the arrest? Not known?

Spying Yes No What was the legal basis for the arrest? Not known

Spying Yes No Date of detention arrest Approximate date

16/05/2019 Yes No Duration of the detention Not known / approximate

Since December 10, 2018 Yes No Place(s) of detention (indicate any transfer and the current place of detention) Not known

Beijing for Michael Kovrig, Dandong, Liaoning for Michael Sp Yes No Reasons given for the detention Not known

spying Yes No Legal basis for the detention Not known

spying Yes No What are the reasons why you believe the deprivation of liberty is arbitrary? See attached file.

Are the reasons for the deprivation of liberty authorized by the law? Yes No

https://spsubmission.ohchr.org/caseinfo 2/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures If yes, please elaborate See attached file.

Are the reasons for the deprivation of liberty linked to the exercise by the victim of her/his human rights or fundamental freedoms? Yes No If yes, please elaborate See attached file.

If applicable, do you know if the right to a fair trial has been respected? (for example : the right to defend yourself and the right to legal assistance; the right to be presumed innocent until proven guilty according to law; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law; the right when charged with a criminal offence to be informed of the nature and cause of criminal charges brought against them; etc.) Yes No If yes please elaborate See attached file.

In the case of an asylum seeker, migrant or refugee who has been subjected to prolonged administrative detention, was she/he was guaranteed the possibility of administrative or judicial review of the detention, or remedy? Yes No If yes please elaborate

Can you indicate if complaints were made to the administrative or judicial authorities, or remedies sought with respect to this particular case ? Do you know what were their results? Yes Yes No No

https://spsubmission.ohchr.org/caseinfo 3/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures If yes please elaborate See attached file.

Information relating to torture

Please indicate where the person was seized (city, province, etc.) and location at which the torture was carried out, if known. See attached file.

Indication of the forces carrying out the torture. See attached file.

Description of the form and methods of torture used abd any injury sustained as a result. See attached file.

Were any person, such as a lawyer, relatives or friends, permitted to see the alleged victim(s) during detention? If so, how long after the arrest? See attached file.

What was believed to be the purpose of the torture? See attached file.

https://spsubmission.ohchr.org/caseinfo 4/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures Was the alleged victim(s) examined by a doctor at any point during or after victim's ordeal? If so, when? Was the examination performed by a prison or government doctor? See attached file.

Was appropriate treatment received for injuries sustained as a result of the torture? See attached file.

Was the examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal? See attached file.

If the alleged victim(s) died in custody, was an autopsy or forensic examination performed and which were the results? Not relevant.

Additional information concerning the incident In addition to filling out the above questionnaire, if there is any further information/ material you want to provide, you may attach files here. Upload permissible maximum 3 files of 3 MB each.

TEXT.docx ✘

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Submission summary Reference: 5qteh6ua Type: Human rights violation arbitrary Detention https://spsubmission.ohchr.org/caseinfo 5/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures torture Victims: Michael Kovrig ✘ Michael Spavor ✘ Submitter: David Matas ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

Providing a description

The questions will guide you in describing the incident: please be as precise, accurate, and comprehensive as possible, and provide information to the best of your knowledge, in order to help experts to make a rapid decision on the submission.

Information submitted can refer to alleged violations that have already occurred, that are ongoing or are about to occur.

https://spsubmission.ohchr.org/caseinfo 6/6 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Information on the individual(s)/authority(ies)/organization(s) (perpetrator(s)) allegedly responsible for the incident Please answer the following questions to the best of your knowledge.

Alleged perpetrator details

Please specify the number of alleged perpetrators:

Is the identity/occupation of the alleged perpetrator(s) known? Yes No Don't know

Were the alleged perpetrators State agents or believed to be State agents? * Yes No Don't know

Please specify: See attached file.

18 / 2000 characters max

If the alleged perpetrators were State agents, were they acting in their official capacity? Yes No Don't know Please specify: See attached file

17 / 2000 characters max

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Submission summary Reference: 5qteh6ua https://spsubmission.ohchr.org/perpetrators 1/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Type: Human rights violation arbitrary Detention torture Victims: Michael Kovrig ✘ Michael Spavor ✘ Submitter: David Matas ✘ You may change the language of the submission at any time, just click on the appropriate language button: English | Français | Español

Perpetrators State agents are officials at the local or national level; military, police, agents of security services. Provide details, including if applicable, the unit to which they belong, rank, title and functions; description of the uniform; type of vehicule used; other. Please indicate whether they were acting in their official capacity.

https://spsubmission.ohchr.org/perpetrators 2/2 Review submission Reference: 5qteh6ua

Date: Wednesday, July 22, 2020

Type: Human rights violation

Original: English

Consent: The nature of the allegation is such that consent cannot be obtained, e.g. the victim(s) is/are dead or has/have been subject to an enforced disappearance

Related mandates • arbitrary Detention • torture

Victims Name: Michael Kovrig

Type: Individual

Sex: Male

Date of birth approximate? 1970

Victim is a child (under 18 years of age)? No

Nationality: Canada

Address: The victim is detained and China and can not be contacted.

Occupation: Senior Adviser, International Crisis Group

Affiliation or activity: Humanitarian, solidarity, human rights-related activity

Identity document Passport

Issued by Canada

Name: Michael Spavor

Type: Individual

Sex: Male

Date of birth approximate? 1976

Victim is a child (under 18 years of age)? No

Nationality: Canada

Address: The victim is held in detention in China and can not be contacted.

Occupation: Consultant

Affiliation or activity: Cultural activity

Identity document Passport

Issued by Canada

Submitted by Name: David Matas

Type: Individual

Email: [email protected]

Telephone: 1-204-944-1831

Address: 602-225 VAUGHAN ST Winnipeg, Manitoba Canada R3C 1T7

Disclosure Does the alleged victim(s) or group/community agree to have their name(s) disclosed in a letter that may be sent to the Government, or others, such as intergovernmental organisations including United Nations entities, businesses, military or security companies? Yes - I assume that they would agree. Their victimization is publicly reported in Canada. Does the alleged victim(s) agree to have their name(s) appear in a public report to the Human Rights Council? Yes - For the same reason, that their victimization is publicly reported. The identity and the details of the victim's case can be communicated to the Government concerned Yes The identity of the victim can be published in the communications report to the UN Human Rights Council Yes

Case details Country where the incident allegedly occured/is occuring/might occur: China

District: For Michael Kovrig, Beijing. For Michael Spavor, Dandon, Liaoning

Please provide a short chronological summary of the incident: what happened; when (date/time); who was involved? See attached file. Are there witnesses to the incident? Don't know Is there evidence or substantiating information concerning the incident? Don't know Does the alleged victim believe she/he was targeted due to her/his National origin Has the incident been reported to the relevant authorities? Yes Please include details of any complaints filed or any other action taken by the alleged victim(s) or anyone else on their behalf? I am not aware of any other complaints filed. Has the Government taken action to prevent or investigate the incident, punish the perpetrators, or ensure compensation to the alleged victim(s)? No Is this case under consideration by any other international or regional body? Don't know arbitrary Detention Date of arrest 10/12/2018 Approximate date? No Place of arrest Beijing for Michael Kovrig, Dandong Liaoning for Michael Spavor Not known No What reasons were given for the arrest? Spying What was the legal basis for the arrest? Spying Date of detention arrest 16/05/2019 Approximate date No Duration of the detention Since December 10, 2018 Not known / approximate No Place(s) of detention (indicate any transfer and the current place of detention) Beijing for Michael Kovrig, Dandong, Liaoning for Michael Spavor, specific locations not known Not known Yes Reasons given for the detention spying Legal basis for the detention spying What are the reasons why you believe the deprivation of liberty is arbitrary? See attached file. Are the reasons for the deprivation of liberty authorized by the law? No If yes, please elaborate See attached file. Are the reasons for the deprivation of liberty linked to the exercise by the victim of her/his human rights or fundamental freedoms? Yes If yes, please elaborate See attached file. If applicable, do you know if the right to a fair trial has been respected? (for example : the right to defend yourself and the right to legal assistance; the right to be presumed innocent until proven guilty according to law; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law; the right when charged with a criminal offence to be informed of the nature and cause of criminal charges brought against them; etc.) No If yes please elaborate See attached file. Can you indicate if complaints were made to the administrative or judicial authorities, or remedies sought with respect to this particular case ? No If yes please elaborate See attached file. torture Please indicate where the person was seized (city, province, etc.) and location at which the torture was carried out, if known. See attached file. Indication of the forces carrying out the torture. See attached file. Description of the form and methods of torture used abd any injury sustained as a result. See attached file. Were any person, such as a lawyer, relatives or friends, permitted to see the alleged victim(s) during detention? If so, how long after the arrest? See attached file. What was believed to be the purpose of the torture? See attached file. Was the alleged victim(s) examined by a doctor at any point during or after victim's ordeal? If so, when? Was the examination performed by a prison or government doctor? See attached file. Was appropriate treatment received for injuries sustained as a result of the torture? See attached file. Was the examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal? See attached file. If the alleged victim(s) died in custody, was an autopsy or forensic examination performed and which were the results? Not relevant.

Perpetrators Is the identity/occupation of the alleged perpetrator(s) known? Don't know Were the alleged perpetrators State agents or believed to be State agents? Yes See attached file. If the alleged perpetrators were State agents, were they acting in their official capacity? Yes See attached file

7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Finalise submission

Additional information

Any additional comments and information: See attached file.

18 / 2000 characters max

Review submission

Reference: 5qteh6ua Date: Wednesday, July 22, 2020 Type: Human rights violation Original: English Consent: The nature of the allegation is such that consent cannot be obtained, e.g. the victim(s) is/are dead or has/have been subject to an enforced disappearance

Related mandates arbitrary Detention torture

Victims Name: Michael Kovrig Type: Individual Sex: Male Date of birth approximate? 1970

Victim is a child (under 18 years of age)? No Nationality: Canada Address: Occupation: Senior Adviser, International Crisis Group The victim is detained and China and can not be t t d

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Communications with governments

Please note that the identity of alleged victims will be included in communications with Governments, unless the alleged victim(s) and/or her/his/their representative(s) have demonstrated the existence of protection concerns. https://spsubmission.ohchr.org/submit 1/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

Special procedures communications reports to the human rights council The names of alleged victims usually appear in the Communications Reports of the Special Procedures. Please note however that by default the names of alleged victims under 18 years of age, as well as the names of alleged victims of sexual violence are NOT published. Similarly, when the alleged victim(s) or her/his/their representative(s) have demonstrated the existence of protection concerns, the name(s) of the victim(s) will NOT be published.

https://spsubmission.ohchr.org/submit 2/2 7/22/2020 Office of the High Commissioner for Human Rights - Submission of information to Special Procedures

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Submission of information to the Special Procedures

Submission sent You have successfully sent your submission to the Special Procedures of the Human Rights Council. Special Procedures mandate-holders will review the submissions received and decide on action to be taken. Should the Special Procedures decide to act on your submission, communications with Governments and others, such as intergovernmental organisations, businesses, military or security companies, and the latter’s responses if any, remain confidential until published in the Communications Report to the Human Rights Council. Please note that due to the high number of submissions received and the initial confidential nature of communications, it is not possible to provide status updates on submissions, and you will therefore not be notified whether action has been taken by the Special Procedures on the basis of your submission. Please consult the periodic Communications Reports of the Special Procedures which are made available at http://www.ohchr.org/en/hrbodies/sp/pages/communicationsreportssp.aspx. You are kindly encouraged to provide comments on the functionality and user-friendliness of this new platform by writing to [email protected]

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If you wish to make a further submission to the Special Procedures you can start a new submission using the button below.

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https://spsubmission.ohchr.org/submit/acknowledge 1/1 Submission of Information to Special Procedures Report 5qteh6ua

Reference: 5qteh6ua Date: Wednesday, July 22, 2020

Type: Human rights violation Original: English

Consent: The nature of the allegation is such that consent cannot be obtained, e.g. the victim(s) is/are dead or has/have been subject to an enforced disappearance

Related mandates arbitrary Detention torture

Victims

Name: Michael Kovrig Type: Individual

Sex: Male Date of birth approximate? 1970

Victim is a child (under 18 years of age)? No Nationality: Canada

Address: Occupation: Senior Adviser, International Crisis Group The victim is detained and China and can not be contacted.

Affiliation or activity: Humanitarian, solidarity, human rights-related Identity document Passport activity

Issued by Canada

Name: Michael Spavor Type: Individual

Sex: Male Date of birth approximate? 1976

Victim is a child (under 18 years of age)? No Nationality: Canada

Address: Occupation: Consultant The victim is held in detention in China and can not be contacted.

Affiliation or activity: Cultural activity Identity document Passport

Issued by Canada

Submitted by

Name: David Matas Type: Individual

Email: [email protected] Telephone: 1-204-944-1831

Address: 602-225 VAUGHAN ST Winnipeg, Manitoba Canada R3C 1T7

United Nations Office of the High Commissioner for Human Rights 1/3 Submission of Information to Special Procedures Report 5qteh6ua The identity of the victim can be published in the communications report to the UN Human Rights Council Yes

Case details

Country where the incident allegedly occured/is occuring/might District: For Michael Kovrig, Beijing. For Michael Spavor, Dandon, occur: China Liaoning

Date of arrest 10/12/2018 Approximate date? No Place of arrest Beijing for Michael Kovrig, Dandong Liaoning for Michael Spavor Not known No What reasons were given for the arrest? Spying What was the legal basis for the arrest? Spying Date of detention arrest 16/05/2019 Approximate date No Duration of the detention Since December 10, 2018 Not known / approximate No Place(s) of detention (indicate any transfer and the current place of detention) Beijing for Michael Kovrig, Dandong, Liaoning for Michael Spavor, specific locations not known Not known Yes Reasons given for the detention spying Legal basis for the detention spying What are the reasons why you believe the deprivation of liberty is arbitrary? See attached file. Are the reasons for the deprivation of liberty authorized by the law? No

United Nations Office of the High Commissioner for Human Rights 2/3 Submission of Information to Special Procedures Report 5qteh6ua If yes, please elaborate See attached file. Are the reasons for the deprivation of liberty linked to the exercise by the victim of her/his human rights or fundamental freedoms? Yes If yes, please elaborate See attached file. If applicable, do you know if the right to a fair trial has been respected? (for example : the right to defend yourself and the right to legal assistance; the right to be presumed innocent until proven guilty according to law; the right to a fair and public hearing by a competent, independent and impartial tribunal established by law; the right when charged with a criminal offence to be informed of the nature and cause of criminal charges brought against them; etc.) No If yes please elaborate See attached file. Can you indicate if complaints were made to the administrative or judicial authorities, or remedies sought with respect to this particular case ? No If yes please elaborate See attached file. torture

Please indicate where the person was seized (city, province, etc.) and location at which the torture was carried out, if known. See attached file. Indication of the forces carrying out the torture. See attached file. Description of the form and methods of torture used abd any injury sustained as a result. See attached file. Were any person, such as a lawyer, relatives or friends, permitted to see the alleged victim(s) during detention? If so, how long after the arrest? See attached file. What was believed to be the purpose of the torture? See attached file. Was the alleged victim(s) examined by a doctor at any point during or after victim's ordeal? If so, when? Was the examination performed by a prison or government doctor? See attached file. Was appropriate treatment received for injuries sustained as a result of the torture? See attached file. Was the examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal? See attached file. If the alleged victim(s) died in custody, was an autopsy or forensic examination performed and which were the results? Not relevant.

Additional information See attached file.

United Nations Office of the High Commissioner for Human Rights 3/3 Submission to the United Nations Working Group on Arbitrary Detention on Michael Kovrig and Michael Spavor July 17, 2020 by David Matas

Facts

Chinese national Meng Wanzhou, chief financial officer for the Chinese telecommunications equipment company Huawei, was arrested in Vancouver on December 1, 2018. The arrest was the result of an extradition request made from the United States to Canada. She was released on bail on December 12, 2018 and remains in Canada pending extradition proceedings.

Canadian national Michael Kovrig was detained December 10, 2018 in Beijing China. Before his detention he was working for the International Crisis Group as senior advisor for North East Asia.1 He was on leave from Global Affair Canada where he had worked as a diplomat.2 At the time of his arrest, he was visiting Beijing for his work.

Canadian national Michael Spavor was detained also on December 10, 2018 in Dandong, Liaoning, China. He is a consultant and the founder of Paektu Cultural Exchange, engaged in facilitating exchanges between North Korea and the international community.3

The Chinese Foreign Ministry on May 16, 2019 announced the arrest of both Michael

1 https://www.crisisgroup.org/who-we-are/people/michael-kovrig

2 https://www.theglobeandmail.com/world/article-former-canadian-diplomat-michael-kovrig- detained-in-china-sources-say/

3 https://financialpost.com/pmn/business-pmn/biographical-sketches-of-2-canadians-missin g-in-china Kovrig and Michael Spavor for "stealing and providing state secrets for abroad".4 The Second Branch of the Beijing People's Procuratorate, on June 19, 2020, filed a public prosecution against Michael Kovrig for "spying on state secrets and collecting classified intelligence".5 (Chinese documents refer to Michael Kovrig as Kang Mingkai). On the same day, in a different city, the People's Procuratorate of Dandong City, Liaoning Province filed a public prosecution against Michael Spavor for "spying and illegally offering state secrets abroad."6

While in detention, the two Canadians have not been allowed access to family or lawyers, either by visit or by phone or by any other means. They were allowed consular visits once a month until January 2020. They have been denied consular visits since January 2020.7 The men are kept under 24-hour artificial lighting and constant surveillance. They can not go outside or see daylight. They are being held in isolation.8 China specialist Peter Humphrey has stated that in detention Michael Kovrig and Michael Spavor "suffer conditions equal to torture."9

The Chinese government has linked the continued detention of Michael Kovrig and Michael Spavor to the legal proceedings against Meng Wanzhou. Foreign Affairs spokesperson

4 https://www.nytimes.com/2019/05/16/world/asia/china-canadian-arrested.html

5 http://www.spp.gov.cn/spp/qwfb/202006/t20200619_465754.shtml

6 http://www.spp.gov.cn/spp/qwfb/202006/t20200619_465753.shtml

7 https://safeguarddefenders.com/en/blog/unwelcoming-nation-china-ramps-hostage-diplo macy

8 https://webcache.googleusercontent.com/search?q=cache:xZXT9TXxOSUJ:https://www.t heglobeandmail.com/world/article-two-canadians-detained-in-china-are-prevented-from-se eing-the-sun-or/+&cd=1&hl=en&ct=clnk&gl=ca

9 https://thediplomat.com/2019/12/the-cruel-fate-of-michael-kovrig-and-michael-spavor-in- china Zhao Lijian stated in June 2020 that, if the Government of Canada were to intervene in the legal proceedings against Meng Wanzhou and set her free, that "could open up space for resolution to the situation of the two Canadians".10

The Law

The 2020 Working Group on Arbitrary Detention Opinion Cheng Yuan, Liu Dazhi and Wu Gejianxiong v. China sets out a number of legal principles related to detention in China relevant to the present case.11 This communication draws on those principles.

Michael Spavor and Michael Kovrig, other than being allowed fourteen consular visits, have been held effectively incommunicado during the entire period of their detention, without access to family or legal assistance. Incommunicado detention is inherently arbitrary.

The length of detention now amounts to 585 days. Such a prolonged detention, with no trial date in sight, adds to the conclusion of arbitrary detention.

This prolonged detention before charge is unusual even by Chinese standards. It can not be explained by normal Chinese legal procedures. It can be explained as a manner of keeping the Canadians detained pending proceedings in Canada against Meng Wanzhou.

The two Canadians were detained, arrested and charged without any legal basis. The public statement by the two offices of the Procuratorate of charges against the two

10 https://www.theglobeandmail.com/politics/article-china-suggests-it-will-free-two-michaels- if-canada-allows-huawei/

11 Working Group on Arbitrary Detention, Opinion No. 11/2020 concerning Cheng Yuan, Liu Dazhi and Wu Gejianxiong (China) https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session87/A_HRC_WGAD_ 2020_11_Advance_Edited_Version.pdf Canadians are vague in the extreme, without any reference to facts.

An act can be punished consistent with human rights standards only if the act was the object of a precise criminal law. The state secrets law in China is not precise. The NGO Human Rights in China has written "The state secrets system allows large amounts of information to be classified as state secrets, employs extensive technological, police and social controls to monitor the flow of information, and places it all under political reins. In this complex, arbitrary and encompassing system, anything and everything can be determined to be a state secret, especially under the retroactive classification that the system allows."12

There is nothing precise about the acts for which the applicants are charged. Indeed, it is impossible to say what they are. The Canadians have been deprived of their liberty without a specific basis and, accordingly, been denied due process of law.

Laws need to be formulated and acted on in such a way that individuals can understand the law and regulate their conduct accordingly. In the case of the two Canadians, it is impossible to know what they could have done differently.

The right to freedom of expression includes the right of everyone to "freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."13

This right is subject to the restrictions for the protection of national security. However, these restrictions are permissible, according to international human rights law, only if

12 https://www.hrichina.org/en/publications/hric-report/state-secrets-chinas-legal-labyrinth

13 the International Covenant on Civil and Political Rights article 19(2) necessary.14

In the case of Tohti Tunyaz v. China,15 the Working Group on Arbitrary Detention has already held that this right to freedom applies to the Chinese state secret laws.16 There is no indication how, if at all, the detention, arrest and charge of the two Canadians is necessary to protect Chinese national security.

The Canadians have been denied the right to legal assistance. The right to legal assistance is inherent in the right to liberty and security of the person.

During the period of their detention, the two Canadians have not had access to the Chinese courts to challenge the legality of their detention. The inability to do so violates a fundamental safeguard of personal liberty.

The detention, arrest and charge of the two Canadians violates the principle of equality before the law and the equal protection of the law. Where one of the reasons for detention, arrest and charge of a person is that the person is Canadian, that arrest violates the principle of equality before the law and the equal protection of the law. The apparent reason the two Canadians were arrested is that they were distinguished, accomplished, Canadian, and in China at the time Meng Wanzhou was arrested.

Given the facts on the detention and arrest, no trial should take place. The charges against the two Canadians should be dropped.

Nonetheless, because charges have been laid, there is a likelihood of judicial proceedings. In this context, the denial of access by the two Canadians to lawyers and family, as well

14 Article 19(3)(b)

15 U.N. Doc. E/CN.4/2002/77/Add.1 at 50 (2001), OPINION No. 7/2001, http://hrlibrary.umn.edu/wgad/7-2001.html

16 Paragraphs 20 to 24 as their mistreatment, has undermined the ability of the two Canadians to defend themselves and has hindered their exercise of a right to a fair trial.

Conclusion

The two Canadians have been detained, arrested and charged because Canada has acted on the request from the United States for extradition of Meng Wanzhou and for no other reason. The reason that Michael Kovrig and Michael Spavor were arrested had nothing to do with spying and everything to do with the detention of Meng Wanzhou.

These two Canadians were chosen, among the many Canadians in China at the time, because they were the most accomplished, distinguished Canadians that the Government of China could lay their hands on in China on short notice after the arrest of Meng Wanzhou. The Government of China wanted to detain Canadians of sufficiently high stature to generate a detention comparable in significance to the detention by Canada of Meng Wanzhou. The detention of Michael Spavor and Michael Kovrig are revenge detentions, hostage detentions.

This conclusion is based on these facts: 1) the timing of the detentions, shortly after the detention of Meng Wenzhou, 2) the profiles of the Canadians arrested, 3) the absence of any suggested connection between the two Canadians or their alleged spying activities, 4) the same date of detention for both Canadians, December 10, 2018, 5) the same date of arrest for both Canadians, May 16, 2019, 6) the same date of charge for both Canadians June 19, 2020, 7) the imprecise, arbitrary nature of the law under which the Canadians were detained, arrested and charged, 8) the absence of any indication of the factual basis for the detentions, arrests and charges, 9) the denial to the Canadians of access to lawyers and family 10) the solitary confinement of the Canadians without access to daylight and with 24 hour bright artificial lighting, 11) the unexplained prolonged delays in arresting and charging the Canadians, and 12) the linkage the Government of China itself has made between the continued detention of the two Canadians and the extradition proceedings in Canada against Meng Wanzhou...... David Matas is counsel to Rebel News, the petitioner in this communication.