UPDATE (CHINA): Update on human rights defender Mr. Zheng Enchong in Shanghai 

Dear friends

The Asian Human Rights Commission (AHRC) is forwarding the urgent appeals of the Asian Center for the Progress of Peoples (ACPP) on the conviction of Mr. Zheng Enchong, a Shanghai lawyer, who has been involved in defending the economic and social rights of displaced people affected by redevelopment projects in Shanghai.. On 28 October 2003, Mr. Zheng Enchong was sentenced to three years in prison and deprivation of his political rights for one year, on charges of “illegally providing state secrets to entities outside of China” by the Shanghai Second Intermediate People’s Court. (Regarding this case, refer to previous urgent appeal: FA-31-2003 ) Please send a letter to the local authorities and request to release Mr. Zheng Enchong immediately. (Please respond before 30 December 2003)

If you have any question, please do not hesitate to contact ACPP.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

On 28 October 2003, Mr. Zheng Enchong, a Shanghai lawyer, was sentenced to three years in prison and deprivation of his political rights for one year by the Shanghai Second Intermediate People’s Court on charges of “illegally providing state secrets to entities outside of China”. Mr. Zheng has provided legal advice to people who have been displaced from their homes due to redevelopment projects.

One of the communications considered to be a “state secret” by the Shanghai State Secrets Bureau referred to the surrounding by 500 policemen of more than 500 workers who were striking on 9 May 2003, following the announcement that three-quarters of Shanghai Yimin Food Product No. 1 Factory’s workers would be laid-off. According to local sources, this strike was public knowledge. The Court acknowledges that the document concerning the strike and police intervention never reached any human rights entities outside of China, to which it was allegedly sent. Moreover, the Chinese Constitution (Art. 35) guarantees the right to freedom of expression, and the information in question fell into a category protected under the Declaration on Human Rights Defenders.

Human rights organizations are calling on the international community to apply pressure to the Chinese government to secure the immediate release of Mr. Zheng Enchong and other human rights defenders.

BACKGROUND INFORMATION:

Situation of idsplaced residents in Shanghai 

The authorities’ failure to provide either public consultations with affected inhabitants in planning the redevelopment of portions of the city or a fair assessment procedure for determining compensation has led to peaceful protests by affected residents. Residents are often offered insufficient compensation to allow them to obtain other housing in the city, or, as in the situation leading to the lawsuit, are moved to remote districts that have poor transportation links.

Since early March of this year, police have dispersed a number of peaceful protests, prevented victims from travelling to Beijing to complain to the central government, and have forcibly sent protesters back upon their arrival in Beijing. Harassment, repression and intimidation of displaced residents who seek assistance from the central government have been reported.

More than ten persons involved in repeated protests against Shanghai’s redevelopment and relocation scheme are expected to be sentenced to “Re-education through Labor” on charges of “illegal assembly.” These protesters were among approximately 85 people whom Shangai Police rounded up on 29 September 2003 while they were in Beijing to petition the authorities over forced relocations, unjust conditions attached to the redevelopment projects, and inadequate compensation of the displaced residents. After reportedly having been forcibly returned to Shanghai, the arrestees were kept in various detention centres throughout the city.

Injustice in arrest and detention of lawyer

Mr. Zheng Enchong was originally detained on 6 June 2003 after assisting displaced families in more than 500 cases relating to Shanghai’s urban redevelopment projects. Mr. Zheng had been advising families involved in a lawsuit alleging corrupt collusion between officials and a wealthy property developer, Mr. Zhou Zhengyi, who allegedly relocated 2,159 residents of a property in West Beijing Road to a fringe district with very poor transportation and communication links, without paying anything for a 70-year land lease on the property.

Mr. Zheng’s first family visit while he was imprisoned at the Shanghai Public Security Bureau Detention Center was on 20 August. His house was searched at least twice. During the searches, Public Security police warned his wife, Jiang Meili, not to speak to the foreign media or other parties outside of China.

Mr. Zheng’s license had been revoked in 2001 after he stated that it was necessary to amend Article 10 of Chinese Constitution that secures the state’s right to own the land in cities and towns and the right “to expropriate the land in the country in public interests” from collective owners. Despite Mr.Zheng’s loss of his licence to practice law and increasing official persecution, he continued to provide legal advice to people even though he could not represent them in court. When news came in August that Mr. Zheng was being tried secretly, more than 300 people to whom he had been providing legal advice gathered to protest 0utside the court. The court called in some 200 police officers to control the crowd, and more than 100 protesters were arrested.

Mr. Zheng was tried behind closed doors on 28 August, on charges of “illegally providing state secrets to entities outside of China” at the Shanghai Second Intermediate People’s Court in Zhongshan North Road. His wife, Jiang Meili, and other observers were barred from the court on the grounds that the case involved state secrets. However, it is reported that the proceedings were monitored by representatives of the Shanghai municipal government. Mr. Zheng pleaded not guilty in the trial, which lasted for more than five hours and reportedly involved vigorous legal arguments.

Obligations to human rights defenders in China

Mr. Zheng’s trial is a flagrant violation of the UN Declaration on Human Rights Defenders. In particular, article 5(c) states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to communicate with non-governmental or intergovernmental organisations.” Its article 6(b) according to which “everyone has the right, individually and in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and article 9.3(c) “In the exercise of human rights and fundamental freedoms, [.], everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance in defending human rights and fundamental freedoms”.

Mr. Zheng’s trial also contravenes the United Nations Basic Principles on the Role of Lawyers which states that “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” (article 16). Mr. Zheng’s situation draws attention to both the treatment of human rights defenders in China and the violation of housing rights in Shanghai.

Recent progress

International organizations concerned with housing rights have requested, in an open letter to the Chinese President Hu Jintao, that he intervene to ensure that redevelopment projects are undertaken in a manner that does not violate China’s obligations under numerous international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights. The letter suggested steps to ensure adequate alternative housing or resettlement for all affected by redevelopment projects. This includes consultation with affected persons, legal remedies with adequate compensation, and that evictions only be carried out in strict compliance with relevant provisions of international human rights law.

After arriving in Beijing on 18 November, Mr. Zheng’s wife, Jiang Meili, was kidnapped in Beijing and was escorted back to Shanghai before being released. She was in Beijing to meet with Mr. Zheng Enchong’s lawyer about the planned appeal. She also planned to invite a number of China’s leading legal scholars to give their opinions on whether communications between Mr. Zheng Enchong and Human Rights in China constituted state secrets.

ACTION REQUESTED:

Please write polite letters expressing your concern about the conviction and sentence of Mr. Zheng, as well as the treatment of the displaced residents. Urge the Chinese authorities to:

1. Release Mr Zheng immediately and unconditionally;
2. Conform with the UN Principles on the Role of Lawyers, restore Mr. Zheng’s license to practice law and restore his political rights;
3. Conform with the provisions of the UN Declaration on Human Rights Defenders, ending any form of harassment of lawyers and human rights defenders in China;
4. Ensure that the rights to adequate housing, compensation and peaceful assembly of individuals and their families are protected and upheld, in conformity with the International standards;
5. Release all those arrested for protesting against Shanghai re-development and relocation projects.

Send letters to:

1. President Hu Jintao
People’s Republic of China
c/o Embassy of the People’s Republic of China
2300 Connecticut Ave., NW, Washington, D.C., 20008
USA
Fax: +01 202 588-0032

2. Premier Wen Jiabao
Gowuyuan, 9, Xihuangchenggenbeijie Street,
Beijing 100032,
People’s Republic of China

3. Ministry of Justice of the People’s Republic of China
10 Chaoyangmen Nandajie, Chaoyangqu,
Beijingshi 100020
People’s Republic of China
Fax: +86 10 65 292345

4. Mayor Han Zheng of Shanghai Municipal
Shanghai Municipal Government Office
No. 200, People’s Street, Shanghai,
CHINA Zip code: 200002

5. Ms. Hina Jilani
Special Representative of the Secretary-General on the Situation of Human Rights Defenders
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Fax: +41 22 917 9006
E-mail: webadmin.hchr@unog.ch

Send copies to:

Diplomatic representatives of People’s Republic of China in your country.

Due to the sensitivity of the issue, please avoid typing ‘cc ACPP’ at any part of your letter but send copies to us separately for monitoring purpose.

To support this case, please click here: SEND APPEAL LETTER