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DemocracyAlertsFrom time to time, the World Movement for Democracy issues alerts concerning participants and other colleagues who are, or may be, facing personal danger due to their work on behalf of democracy and for whom a vigorous response from around the world may be critical. To see previous alerts go to www.wmd.org/democracyalerts/democracyAlerts.html. (May 14, 2004) Yang Jianli Sentenced to 5 Years in Prison On May 13, 2004, China's Beijing No.2 Intermediate People's Court sentence Yang Jianli to five years in prison. Yang was found guilty for espionage and illegal border crossing. Yang had been imprisoned in Beijing for over two years with verdicts pending. More Information, go to:
(May 5, 2004) Yang Jianli's Supporters Mark Two-Year Anniversary of His Illegally Prolonged Detention On April 26, 2004, the second anniversary of Yang Jianli's arrest in China, the ChinaEweekly, an online publication of the Foundation for China in the 21st Century, launched a special issue with over a dozen articles, both in English and Chinese, on Yang's case. The ChinaEweekly also recently published an analysis on Yang's situation by Andrea Worden, a fellow at the China Law Center of Yale Law School. Her article, entitled " Illegally Prolonged Detention in China and the Case of Yang Jianli," is available both in English and Chinese. To read the special issue of ChinaEweekly, go to: www.yangjianli.com/digest/yibao143_en.htm To read the article, go to: www.wmd.org/documents/andreaworden.pdf (English version-Original) and www.chinaeweekly.com/history/gb04040305.htm(Chinese version-Translated). For daily updates on Yang's situation, go to www.supportjianli.org/ (March 9, 2004) Support Yang Jianli's Hunger Strike Declaration! Dr. Yang Jianli's wife, Christina Fu, is collecting signatures for a petition to build solidarity for Dr. Yang and calling for the Chinese government to end his illegally prolonged detention. The Chinese National People's Congress is currently in session in Beijing until March 15, and Ms. Fu is planning to submit this petition to the Chinese government within two days. Please find below the text of the petition that Ms. Fu has sent to the World Movement Secretariat, and e-mail your name and affiliation to info@yangjianli.com as soon as possible. For information about Dr. Yang and his case, please see our earlier alerts below. Petition Regarding the Illegally Prolonged Detention of Dr. Yang Jianli To the Standing Committee of the National People's Congress: In June 2003, the Judicial and Internal Affairs Committee of the Standing Committee of the NPC, resolved to put an end to the "chronic disease" of illegally prolonged detention. Accordingly, the Supreme People's Procuratorate, the Supreme People's Court, and the Ministry of Public Security undertook last year to resolve all outstanding cases of illegally prolonged detention and adopted measures designed to prevent new cases from occurring. We applaud these efforts as being significant steps on the path to rule of law and the respect and protection of human rights. However, there is one case of illegally prolonged detention that has not yet been resolved, which we now respectfully draw to your attention. Dr. Yang Jianli, a Chinese citizen and U.S permanent resident, was tried in a three-hour closed trial in the Beijing No. 2 Intermediate People's Court on August 4, 2003 for illegal entry into China and espionage for Taiwan. He has remained in detention since he was first taken into custody on April 26, 2002, and a verdict has yet to be announced in his case. As you are undoubtedly aware, in June 2003, the United Nations Working Group on Arbitrary Detention concluded that Dr. Yang was being arbitrarily detained. Yet, Dr. Yang remains in detention without a decision as to his guilt or innocence. According to Article 168, section 1, of the Criminal Procedure Law, a court has, at maximum, two and one half months from the date it accepts a case to announce a judgment in the case. The exceptions to the two-and-one-half-months requirement set forth in sections 2 and 3 of Article 168 have no bearing on Dr. Yang's current detention status. Since there is no legal basis for Dr. Yang's current detention, he is being held in illegally prolonged detention. In accordance with Article 41 of the Constitution, which provides that citizens of the P.R.C. have the right to make suggestions and expose violations of the law, we respectfully request that the Standing Committee exercise its powers under Article 71 of the Constitution and appoint a special investigative committee to conduct an independent and impartial investigation regarding the reasons behind Dr. Yang's ongoing illegally prolonged detention. Furthermore, if our interpretation is erroneous, and Article 168, section 1, of the Criminal Procedure Law somehow authorizes courts to pronounce a judgment and detain a defendant for a time period exceeding two and a half months, we respectfully request the Standing Committee to exercise its authority under Article 67 (4) of the Constitution and Article 42 of the Law on Legislation and provide a legislative interpretation of Article 168, section 1, of the Criminal Procedure Law, which provides: "A People's Court shall pronounce judgment on a case of public prosecution within one month or, one and a half months at the latest, after accepting it. Under one of the situations provided in Article 126 of this Law, the period may be extended by one more month upon approval or decision by the Higher People's Court of a province, autonomous region or municipality directly under the Central Government." Respectfully submitted, PRC Citizens: Other supporters: (March 4, 2004) World Movement Participant Detained in China Plans Hunger Strike The World Movement Secretariat learned that Chinese pro-democracy advocate Dr. Yang Jianli, who has been imprisoned in Beijing for 22 months, was planning to begin a hunger strike on March 3, 2004, in response to his deplorable treatment by the Chinese government since his arrest in April 2002. His Beijing-based lawyer, Mo Shaoping, didn't know whether it started as planned, and there is no phone number listed for Yang's prison in Beijing. Through Mr. Mo, Dr. Yang stated four reasons for his hunger strike: More information about this case is available below. Updated information can also be found at:
(June 26, 2002) World Movement Participant Detained in China The World Movement has learned that Dr. Yang Jianli, Chairman of the Boston-based Foundation for China in the 21st Century and an advocate of democracy and the rule of law in China, has been detained and remains in custody in China, and has been kept incommunicado by an unidentified agency since April 26, 2002. He was arrested in Kunming on April 26 at the end of a seven-day visit to the country. Repeatedly denied a passport by the Chinese government, he had travelled to China on a passport that was not his own. The Chinese government has not released any information regarding Dr. Yang's condition, his whereabouts, or any charges that he may face. He has been denied access to family, friends, and a lawyer. When Dr. Yang's wife, Christina Fu, attempted to enter China in May to gain information about her husband's condition, she was sent home to the United States after being held briefly at the airport in Beijing. Dr. Yang, a Chinese citizen with permanent U.S. residency, has been banned from China since 1989, when he traveled to Beijing to support the Tiananmen Square democracy protesters. He participated in the World Movement for Democracy's First Assembly in New Delhi, India, in February 1999 and the Second Assembly in São Paulo, Brazil, in November 2000. For more background information about Dr. Yang and his case, go to: www.chinaeweekly.com/yangReports.asp Dr. Yang Jianli's family and friends are concerned about his safety and welfare. A number of organizations and individuals have expressed their concern about his case and have called for action to urge that he be treated fairly and, as a humanitarian gesture, be released immediately. Please address your concerns to the Chinese Ambassador in your country or to: The Honorable Yang Jiechi Ambassador Extraordinary and Plenipotentiary Embassy of the People's Republic of China 2300 Connecticut Avenue, NW Washington, D.C. 20008, USA Fax: +1-202-588-0046 You can also write to members of your Parliament and ask them to write directly to the Chinese Embassy in your country. * * * * * * * Following are some examples of letters and appeals that have already been sent on behalf of Dr. Yang Jianli. Letter from The Most Reverend Desmond Tutu, Archbishop Emeritus 6 June 2002 Letter from U.S. Senator John F. Kerry May 22,2002 Letter from the U.S. Congressional Human Rights Caucus June 8, 2002 Letter from Congressman Christopher Cox, Chairman of the House Policy Committee, to U.S. President George W. Bush April 29, 2002 |
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