我在此请您关注一个中国正在发生的强迫失踪和任意羁押的案例，即联合国今年三月九日综合报告的内容。（文件编号No. UA CHN 6/2020）
HRC45 l China urged to release lawyer Ding Jiaxi
In a statement at the UN Human Rights Council today, Sophie Luo called for the immediate release of her husband, activist Ding Jiaxi, and a clear commitment by the Council to addressing rights violations in China.
In dialogue with UN experts on enforced disappearances, Sophie Luo – whose husband, human rights activist Ding Jiaxi, has been held in incommunicado detention for more than six months – emphasised the dangers of Chinese authorities’ practices, including the reliance on ‘residential surveillance in a designated location’, or RSDL.
Luo’s testimony highlighted Ding’s important work in promoting human rights and universal values in China, and the impact of the crackdown on Ding and other human rights defenders on overall rule of law in the country. Luo and her daughters have been separated from Ding, and remain unable to receive information from him, or to be assured of his access to a lawyer of his or their choice.
The Working Group’s annual report noted that the Chinese government has still – after more than 7 years – failed to positively respond to their request to visit the country; at the same time, the number of outstanding cases taken on by the Working Group increased by over 40% between 2018 and 2019 reporting periods, from 68 to 98. The report also raised concerns with ‘the continued use of residential surveillance in a designated location’ and emphasised that, as per the UN Declaration, ‘accurate information on the detention of persons deprived of liberty and their place or places of detention, including transfers, should be made promptly available to their family members, to their counsel or to any other persons having a legitimate interest in the information’.
Where China has failed to do this – as in the case of RSDL – such practices, say the experts, ‘amount to an enforced disappearance’. As Luo and other activists said today, China’s consistent engagement in enforced disappearances demands the attention of the international community, and a dedicated effort to monitor, report and hold Chinese authorities accountable.
Luo’s statement is available here; a longer version of the statement was also prepared for circulation.
Thank you, Madame President, Mr. Chair,
My husband Ding Jiaxi began his civil rights activities in China in 2011. He advocated for Chinese citizens to practice the rights enshrined in international conventions and the Chinese constitution. He promoted nonviolent protest, and encouraged Chinese citizens to confront social injustices.
For this work, he has been harassed, jailed, and tortured. He has been separated from me and our daughters. And from 26 December last year until now, he has been held in incommunicado detention including 6 months of “residential surveillance at a designated location”, or RSDL, on the charge of ‘inciting subversion of the state power’.
His lawyers’ requests to meet him have been continuously denied, and our family has had no communication with him. Mr. Chair, you and your colleagues have said clearly: this kind of detention constitutes enforced disappearance. I call on the Chinese government to set my husband Ding Jiaxi free!
My husband’s situation is typical of what China has been practicing against many human rights defenders in China, and other populations as well.
I call on governments and the United Nations as a whole to ensure China abides by its human rights obligations, repeals RSDL, and stops its crackdown on basic rights and freedoms, and those who defend them.
Thank you, Madame president,
I’d like to bring your attention to an ongoing case of enforced disappearance and arbitrary detention in China that is the content of the joint communication (ref No. UA CHN 6/2020 dated 9 March 2020).
To group of Special Rapporteurs inquiring about the case, including yourself, Mr. Chair, Chinese government made blatantly false replies (ref No. GJ/21/2020). The facts are the opposite.
My husband Ding Jiaxi started activities to promote civil rights in 2011. He advocated for Chinese citizens to practice their rights enshrined in international conventions and the Chinese constitution and to call for Freedom, Social justice, and Love in China. He promoted theories and practices of nonviolent protest, and encouraged citizens to confront social injustice in their daily life.
His peaceful and legal activities brought him three and half year’s jail from April 2013 to October 2016 on false charges of “gathering a crowd to disrupt order in a public place”. After his release, my husband picked up right where he’d left off – defending the rights of those more vulnerable, and holding power to account.
On December 26, 2019, my husband was forcefully taken away by Yantai Public Security Bureau in Shandong province without any legal notice and was kept in secret detention under “residential surveillance at a designated location”, or RSDL for 6 months without access to his family and his lawyers. He was formally arrested by Linyi Public Security Bureau of Shandong province on June 19 and was moved to Linshu Detention Center under a fake name not known to those of us outside. His lawyers’ requests to meet him have been continuously denied using the excuse of State Secrecy. As of today, neither I nor his lawyers have been allowed any communication with him, and his lawyers haven’t been provided any evidence of the alleged crime.
What’s more, from reliable sources, we have learned that my husband was tortured during his time in RSDL, which you, Mr Chair and your colleagues have determined as enforced disappearance.
Despite this situation, the reply from the Chinese Government states that my husband’s legal rights were ensured. I urge the Chinese Government to do as they have said, and return the legal rights to my husband.
By secretly detaining and torturing Ding Jiaxi, the Chinese authorities have violated Chinese laws and the international human rights laws that the Chinese government committed to abide by. And it is not an exception. My husband’s situation is typical of what China has been practicing against many human rights defenders in China, and other populations as well. This must end.
I call on the Working Group and Member States to investigate the practice of RSDL, to use your voice and your leverage to request China to cease using RSDL and other state-security related laws to target human rights defenders.
I call on the Council and all delegations present to take decisive actions to ensure better monitoring and reporting of the situation in China, and that China is held accountable for its conduct when its actions violate universal human rights and undermine the international human right system.