China Human Rights Briefing September 20-27, 2012

Contents
 Arbitrary Detention
    •    Lawyer Yang Zaixin Released Into Bail After 15 Months in Detention Without Trial, Health Has Declined
Harassment of Activists
    •    Jiangxi Police Physically Abuse Activists Seeking Permits to Hold Rally
Forced Eviction & Demolition/Land Expropriation
    •    Hunan Man Crushed to Death by Construction Vehicle, Authorities Block News
Special Notice
    •    CHRD Makes Submission to UN on Behalf of Petitioners Forcibly Committed in Psychiatric Institutions
    •    CHRD Makes UN Submission on Behalf of Imprisoned Human Rights Lawyer Wang Yonghang

Arbitrary Detention
Lawyer Yang Zaixin Released Into Bail After 15 Months in Detention Without Trial, Health Has Declined
Guangxi human rights lawyer Yang Zaixin (杨在新) has been released into “bail awaiting trial” after being held on a charge of “suborning perjury” for more than 450 days, with his detention taking a serious toll on his health. Sent home on September 13 on bail terms that will last for one year, Yang has said that he has difficulty walking up stairs due to weakness in his legs, and that his emotional state has been deeply affected. Yang was initially detained in June of 2011, while serving on a legal defense team that submitted pre-trial evidence revealing that police had tortured defendants to extract confessions in a beating death case in Beihai City. In March 2012, Beihai authorities ordered Yang to be put under “residential surveillance” for six months instead of releasing him or approving his arrest, after already having sent his case back to police twice for further investigation. In violation of China’s Criminal Procedure Law, Yang did not serve “residential surveillance” at home, and his family members and others were blocked from visiting him during his lengthy detention.[1]
Harassment of Activists
Jiangxi Police Physically Abuse Activists Seeking Permits to Hold Rally
Jiangxi police held and beat two activists after the pair tried to submit an application to hold a rally, with authorities likely acting in retaliation for the activists’ exposing online of plainclothes police participation in anti-Japan rallies on previous days. On September 19, Liu Ping (刘萍) and Wei Zhongping (魏忠平) were seized when they turned in an application to police in Xinyi City. Liu and Wei were then subjected to brutal abuse and illegal treatment for more than 11 hours, including having their personal data recorded as if they were criminal suspects. In Liu’s case, she was strip-searched, beaten, kicked, and verbally abused. In 2011, the activists were prevented from running as independent candidates in local People’s Congress elections.[2]
Forced Eviction & Demolition/Land Expropriation
Hunan Man Crushed to Death by Construction Vehicle, Authorities Block News

A Hunan villager was crushed under a construction vehicle while desperately protesting a land seizure and home demolition project done to construct a highway, and officials moved aggressively to control the scene of the incident, placate the victim’s family, and intimidate local residents. The villager, He Zhihua (何志华), had petitioned authorities after learning that his property in Changsha City was slated for government takeover and finding the compensation offered unfair. On September 16, He angrily confronted an official at the project site and lay down on the ground to halt construction. But the official reportedly ordered the work to continue, and a road leveling machine moved forward and ran over him. Authorities moved quickly to try to pay off He’s family and also to prevent news of the incident from spreading by having cell phones confiscated at the scene. The next day, hundreds of security personnel surrounded the area, with some removing the victim’s remains and beating villagers who tried to interfere. (See video and images  of the aftermath on CHRD’s website.)[3]
Special Notice
CHRD Makes Submission to UN on Behalf of Petitioners Forcibly Committed in Psychiatric Institutions
CHRD submitted allegations of human rights violations on September 14 to Special Procedures of the United Nations Human Rights Council on behalf of seven petitioners who are believed to be currently held against their will in psychiatric institutions in China. Most of the individuals have also been forcibly medicated or subjected to other cruel and inhuman treatment. Without access to legal recourse, they have been detained for periods of months up to several years in retaliation for expressing grievances about local government misconduct. Explored in CHRD’s  recent report, psychiatric commitment in China is fraught with ongoing concerns, as the National People’s Congress Standing Committee’s revised draft of its Mental Health Law still allows for detention based on psychosocial disabilities, and fails to provide adequate safeguards against the involuntary commitment of individuals who do not have any mental illness. CHRD’s submission was made just prior to the UN review of China’s compliance with the UN Convention on the Rights of Persons with Disabilities.[4]
CHRD Makes UN Submission on Behalf of Imprisoned Human Rights Lawyer Wang Yonghang
On September 20, CHRD submitted allegations of human rights violations to Special Procedures of the United Nations Human Rights Council on behalf of Wang Yonghang (王永航), a former lawyer and outspoken advocate for Falun Gong practitioners. Wang is serving a seven-year prison sentence in Liaoning Province. Detained in July 2009, Wang was tried that October on a charge of “using a cult to undermine implementation of the law” and sentenced the next month. During his detention, Wang has been repeatedly subjected to violent, inhumane treatment, and since early 2012 his situation has grown even worse, as he has been tortured and his health has seriously declined. While Wang was held in pre-trial detention, neither his lawyer nor family members were allowed to meet him, with police claiming the case involved “state secrets.” “Evidence” against Wang cited in the court’s decision included his conducting interviews with overseas media and writing and posting online various documents about the persecution of Falun Gong practitioners.[5]
Editors: Victor Clemens and Renee Xia

[1] “Guangxi Rights Defense Lawyer Yang Zaixin Out on Bail and Returns Home, But in Very Poor Health” (广西维权律师杨在新取保回家,身体很差), September 21, 2012, WQW; “Lawyer Chen Guangwu Questions Procuratorate Over Issue of Yang Zaixin’s Residential Surveillance” (陈光武律师就杨在新监视居住问题向检察院发商榷函), March 25, 2012, WQW; “Guangxi Human Rights Lawyer Yang Zaixin Missing After Being Ordered to Residential Surveillance” (广西维权律师杨在新被监视居住后失踪), March 17, 2012, WQW; “Guangxi Beating Death Case Embroiled in Questions About Evidence, Violence Against Defense Lawyers,” China Human Rights Briefing, October 21-26, 2011; “Guangxi Lawyers’ Case Report, No. 15: Court Recesses on October 23 Shortly After Proceedings Open” (广西律师案15:23日短暂开庭后休庭), October 23, 2011, WQW; “Urgent News: Beihai Defense Lawyer Team Surrounded Outside Courthouse” (紧急消息:北海律师团在法院门口被围攻), October 21, 2011; “Guangxi Lawyers’ Case: Court Finally Halts Process of Excluding Illegal Evidence”  (广西律师案:法庭终止非法证据排除程序), October 21, 2011, WQW; “Case of Four Guangxi Lawyers: One Arrest Approved, Three Lawyers Released,” (广西四律师案:一人被批捕,三人已释放), June 29, 2011,; “Beihai, Guangxi Rights Defense Lawyer Yang Zaixin Criminally Detained,” (广西北海维权律师杨在新被刑拘), June 14, 2011, WQW
[2] “Rights Defense Network: Strong Condemnation of Violence by ‘Maintenance Stability’ Personnel and Wanton Assaults Against Human Rights Activists” (维权网:强烈谴责暴力维稳和肆意殴打维权人士的暴行), September 21, 2012, WQW; “Xinyu, Jiangxi Independent Candidates Liu Ping, Wei Zhongping Viciously Beaten by Police, Had Submitted Rally Application” (江西新余独立参选人刘萍、魏忠平申请游行被警察殴打), September 20, 2012, WQW; “Liu Ping: Encounters Horrible Treatment in ‘Black Jail’ During ‘Two Meetings’” (刘萍:“两会”被关“黑监狱”遭虐经过), March 25, 2012, WQW; “Jiangxi Independent Candidate Wei Zhongping Reveals Details of Black Jail Detention, Beatings During ‘Two Meetings’” (“两会”期间,江西独立参选人魏忠平被殴打的详细情况), March 2, 2012, WQW
[3] “Changsha’s ‘Qian Yunhui’ Incident: Official Instigates Crushing Death of Petitioner” (长沙“钱云会”事件:官员授意碾死上访村民), September 22, 2012, Boxun; “Shocking Scene in Changsha Reminiscent of ‘Qian Yunhui’ Incident” (长沙惊现疑似“钱云会”事件), September 20, 2012, HRCC
[4] Submission to UN on Individuals Subjected to Involuntary Psychiatric Commitment – September 14, 2012
[5] Submission to UN on Case of Wang Yonghang – September 20, 2012, CHRD
 

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