AMNESTY INTERNATIONAL
PRESS RELEASE
AI Index:ASA 17/005/2003(Public)
News Service No:008
14 January 2003
must not be used to imprison rights activists
Tomorrow (15 January 2003) two labour rights activists, Yao Fuxin and Xiao Yunliang,
are due to stand trial for organizing workers protests in March last year in Liaoyang
city. They have reportedly been charged with "subversion" and there are serious concerns
that they will not receive a fair trial.
"If they are convicted of 'subversion' after doing nothing more than peacefully
exercising their rights to freedom of expression, association or assembly, we would
consider them to be prisoners of conscience," Amnesty International said asking for their
immediate release.
It is reported that Yao Fuxin's lawyer has been prevented from gaining full access to
his client and the families of both men have been prevented from receiving incoming
telephone calls in an apparent attempt to prevent them from publicising the case. Yao
Fuxin is also believed to be in poor health.
'Subversion' charges which carry a maximum penalty of life imprisonment or the death
penalty continue to be used widely to detain and imprison rights activists in China. Since
the beginning of November 2002, at least ten people have reportedly been detained by the
Chinese authorities in connection with their peaceful activities, such as petitioning the
authorities and publishing or accessing information on the Internet. At least two have
been charged with "inciting subversion".
"These cases contradict recent positive developments such as the early release on 24
December of long-term dissident Xu Wenli who was also convicted of 'subversion'," Amnesty
International said.
"For every single individual released, many more continue to be detained in China in
violation of their fundamental human rights," the international human rights organization
continued, adding that the institutional framework that allows such violations in China
remains unchanged.
Background
Yao Fuxin, Xiao Yunliang, Wang Zhaoming and Pang Qingxiang were detained on 20 March
2002 for their alleged role in organizing demonstrations involving 30,000 workers from
twenty bankrupt state-run firms in Liaoyang city, Liaoning province. The workers were
protesting against lay-offs, alleged management corruption and delayed welfare payments.
Wang Zhaoming and Pang Qingxiang were released on bail on 20 December 2002, reportedly on
condition that they obtain evidence against other demonstrators. However, Wang Zhaoming,
was detained once again on 31 December, after hiring a lawyer in an apparent attempt to
sue the authorities for his ninth-month detention. Yao Fuxin and Xiao Yunliang were
initially charged with "illegal assembly and demonstration" but, according to a local
court official this has since been changed to "subversion".
More recently, seven political activists have
been detained in connection with organizing or signing a petition to the 16th Chinese
Communist Party Congress (held in November 2002) calling for political reforms. They are
Zhao Changqing, Ouyang Yi, Dai Xuezhong, Jiang Lijun, Sang Jianchen, He Depu, Liao Yiwu
and Han Lifa. Liao Yiwu and Ouyang Yi had also reportedly published a series of articles
on the Internet calling for political reform in China. Both Zhao Changqing, who organised
the petition, and Sang Jianchen, one of its signatories, have reportedly been charged with
"inciting subversion". It is not known whether any of the others have been formally
charged.
Since the beginning of November 2002, Amnesty International has also received reports of people being detained in connection with publishing or accessing materials on the Internet: Liu Di, a student from Beijing, who goes by the pen-name "Stainless Steel Rat"
and Li Yibin, a political activist were detained in early November 2002. Liu Di had posted various items on the Internet, including a statement in support of Huang Qi, a computer engineer detained in June 2000 and charged with 'subversion' after setting up a human rights website. Li Yibin had published an online pro-democracy magazine, called "Democracy
and Freedom". It is unclear whether they have been formally charged and their current whereabouts are not known. Amnesty International had earlier documented the cases of 33 people, including Huang Qi, who had been detained for Internet-related offences. Most have been charged with 'subversion'. (For more information , please refer to: People's Republic of China: State Control of the Internet in China, ASA 17/007/2002 and People's Republic of China: State Control of the Internet in China - appeal cases, ASA 17/046/2002).
Veteran dissident Xu Wenli was released into exile in the USA in December 2002, nine years before the end of his sentence. Xu Wenli was serving a 13-year prison sentence for
"subversion" imposed in 1998 after he established the China Democracy Party. He was officially released on medical parole due to a deterioration in his state of health after he contracted Hepatitis B in prison.
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