Wen Jiabao Guojia Zongli
Prime Minister of the People's Republic of China
The State Council General Office
2 Fuyoujie, Xichengqu
Beijingshi 100017
People's Republic of China
5 October 2007
Dear Prime Minister,
Re: Disappearance of lawyer and human rights campaigner Gao Zhisheng
We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) in connection with the disappearance and apparent detention of lawyer and human rights campaigner, Mr Gao Zhisheng. The IBAHRI wrote to the Chinese authorities concerning the well-being of Mr Gao Zhisheng in November 2006, however no response has yet been received.
In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBAHRI works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
The IBAHRI has received a number of reports indicating that Gao Zhisheng has faced harassment, intimidation, unlawful detention and physical assault as a result of his professional activities as a lawyer and human rights campaigner. In April 2007, Gao Zhisheng reported having being treated harshly during a four month period whilst in the custody of the police. He reported that he was forced to sit on an iron chair for extended periods of time and that police shone bright lights at him during interrogations.
On 16 September 2007, members of the National Security Unit of the Beijing Public security Bureau reportedly searched Gao Zhisheng’s home. This appears to be linked to an open letter he sent to the United States Congress on 13 September 2007, which stated that, due to the deteriorating human rights situation in China, Gao Zhisheng could not support China’s staging of the 2008 Olympic Games.
According to reports, on 22 September 2007 ten plain clothed policemen and several police vehicles arrived at Gao Zhisheng’s house. Several reports lead us to believe that Gao Zhisheng has been detained by members of the State Security Bureau; he has not been since this date, and we are extremely concerned for his safety.
These circumstances raise a number of concerns regarding both Gao Zhisheng’s safety and the rights and safeguards that should be accorded to all citizens in China and elsewhere. We would like to remind you of your obligations under Article 33 of the Constitution of the People’s Republic of China, which states: ‘the State respects and preserves human rights’. Article 35 of the Constitution also guarantees that: ‘Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.’
We would also like to draw your attention to Article 9 of the Universal Declaration of Human Rights, which provides that ‘[n]o-one shall be subject to arbitrary arrest, detention or exile’ and Article 19, which states that ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’ These rights are also protected under Article 9 and 19 of the International Covenant on Civil and Political Rights, to which China is a signatory. Accordingly, while not bound by the individual provisions, China must not act inconsistently with the purpose of this Covenant.
As a state party to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, China is bound by Article 1, which prohibits any ‘any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.’
The IBAHRI calls on the government of the People’s Republic of China to reveal the whereabouts of Gao Zhisheng immediately and to reveal the details of any lawful charge against him. We further call on the Chinese authorities to guarantee that Gao Zhisheng will not be tortured or ill-treated while he is in custody, and that he has access to lawyers, members of his family and any necessary medical treatment in accordance with China’s national and international obligations. Further, the IBAHRI calls on the government to investigate the allegations of ill-treatment against Gao Zhisheng and to take appropriate action against those responsible, as required under Article 5 of the Constitution. In addition, we urge the Chinese authorities to ensure that human rights defenders and lawyers can carry out their peaceful and legitimate professional and personal activities without fear of arbitrary detention, torture or ill-treatment, or other human rights violations, in compliance with internationally recognised human rights standards.
We should be grateful to receive your assurances that our concerns will be addressed and investigated as a matter of urgency.
Yours sincerely,
Ambassador Emilio Càrdenas
Justice Richard J. Goldstone
Human Rights Institute Council Chairs
Zhou Yongkang Buzhang, Minister of Public Security of the People’s Republic of China
Ma Zhenchuan Juzhang, Director of the Beijing Public Security Bureau
Zha Peixin, Embassador of the People’s Republic of China, London
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