PUBLIC AI Index: ASA 17/047/2008

1 February 2008

Further Information on UA 01/08 (ASA 17/035/2008, 2 January 2008) Fear of further torture and ill treatment /arbitrary detention

CHINA Hu Jia (m), aged 34

Zeng Jinyan (f), aged 24, his wife

Beijing-based human rights activist Hu Jia was formally charged with “inciting subversion” on 28 January. He continues to be denied access to his lawyer, members of his family and medical treatment, including necessary daily medication for liver disease resulting from Hepatitis B infection. Hu Jia's wife, Zeng Jinyan, is still under house arrest with their newborn baby. She is not permitted to leave their home, and her telephone line and internet connection have been cut.

Hu Jia’s family were formally told of the charges by the Beijing Municipal Public Security Bureau (PSB) on 29 January. He is held at the Municipal PSB Detention Centre in Dougezhuang, Chaoyang district, Beijing. His lawyer, Li Jingsong, who is also being held under tight police surveillance, reportedly submitted an application for bail for Hu Jia on medical grounds in mid-January, but this was formally rejected by the police at the end of the month.

Hu Jia’s formal detention, after being held for months under house arrest, appears to be an attempt to prevent him from continuing with his peaceful human rights activities and to silence his public criticism of China’s human rights record ahead of the Beijing Olympic Games, due to be held in August 2008. It also sends a message to other Chinese activists not to engage in similar activities.

Prior to his formal detention, Hu Jia had publicly expressed concerns over human rights abuses by police in Beijing, including the arrest of activists without the necessary legal procedures. This included the case of land rights activist, Yang Chunlin, who is also detained on subversion charges (see UA 240/07, ASA 17/042/2007, 07 September 2007, and follow-up). Politically-motivated subversion charges continue to be used to silence and imprison rights activists in China, including those like Hu Jia, who have been openly critical of China’s human rights record.

In November 2007, Hu Jia participated via webcam in a European Union parliamentary hearing in Brussels in which he stated that China had failed to fulfill its promises to improve human rights in the run-up to the Olympics.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or own language or your own language:

- expressing deep concern that Hu Jia has been detained solely for engaging in peaceful and legitimate human rights activities and in violation of his fundamental human rights to freedom of expression, and calling for his immediate and unconditional release;

- pending his release, urging the authorities to give Hu Jia immediate access to his lawyer, members of his family and any medical treatment he may require;

- urging the authorities to stop police surveillance and harassment of Zeng Jinyan and allow her to contact the outside world in line with her fundamental human rights to freedom of movement, expression and association.

- calling on the authorities to provide immediate guarantees for the safety of Hu Jia and Zeng Jinyan and that they will not be subjected to beatings or other forms of torture or ill-treatment;

- expressing deep concern that detention without trial of human rights activists runs counter to promises made by numerous Chinese officials that human rights would improve in the run-up to the Beijing Olympics of August 2008.

APPEALS TO:

Prime Minister of the People's Republic of China

WEN Jiabao Guojia Zongli

The State Council General Office

2 Fuyoujie

Xichengqu

Beijingshi 100017

People's Republic of China

Fax: +86 10 65961109 (c/o Ministry of Foreign Affairs)

Salutation: Your Excellency

Minister of Justice of the People's Republic of China

WU Aiying Buzhang

Sifabu

10 Chaoyangmen Nandajie

Chaoyangqu

Beijingshi 100020

People's Republic of China

Fax: +86 10 65292345

Email: minister@legalinfo.gov.cnor pfmaster@legalinfo.gov.cn

Salutation: Dear Minister

Minister of Public Security of the People's Republic of China

MENG Jianzhu Buzhang

Gong’anbu

14 Dongchang’anjie

Dongchengqu

Beijingshi 100741

People's Republic of China

Fax: +86 10 63099216 (it may be difficult to get through, please keep trying)

Salutation: Your Excellency

COPIES TO:

Director of the Beijing Public Security Bureau

MA Zhenchuan Juzhang

Beijingshi Gong'anju

9 Qianmen Dongdajie

Dongchengqu

Beijingshi 100740

People's Republic of China

Fax: +86 10 85222320

Email: wbjc＠sohu.com

Salutation: Dear Director

and to diplomatic representatives of China accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 15 March 2008.