Xu Yan
Cases- Location of case in SG report
- 2019-014-004
- Relevant SG report
- Year of the report
- 2019
- From Country
- Country Geolocation
Latitude: 35.86166
Longitude: 104.195397
- Country Geolocation (linked Cases)
- China
- From Region
- Type of record
- Named individual
- Gender
- Female
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
her campaign for the release of her detained husband, Mr. Yu Wensheng. The case of Mr. Yu was addressed by the Working Group on Arbitrary Detention 64 and the subject of a special procedures communication (CHN 5/2018). 65 He was the attorney for human rights lawyer Mr. Wang Quanzhang (subject of a Working Group on Arbitrary Detention opinion No. 62/2018 – see Annex II).
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
had engaged with the UN human rights mechanisms; her husbands case was raised by WGAD and other SPs (suppose her engagement related to that)
- Engagement with UN body
- UN Special Procedures: thematic
- Dates of engagement
- Unclear
- Type of attempted engagement
- Submission of information to UN
- Dates of mentioned reprisals
- 4 January 2019; 27 January 2018
- Reprisal information
On 4 January 2019, Ms. Xu Yan, who had engaged with the UN human rights mechanisms, was called for questioning by individuals allegedly associated with the police related to her campaign for the release of her detained husband, Mr. Yu Wensheng. Previously on 27 January 2018, Ms. Xu had been summoned by police and informed that her husband was suspected of “inciting subversion of state power,” transferred to Xuzhou, Jiangsu Province (hundreds of miles away), and put under “residential surveillance at a designated location.” On several occasions in 2019, Ms. Xu was reportedly subjected to surveillance and unable to leave her home.
- Types of reprisals suffered
- Surveillance
- Travel restriction
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Government response dates
- 1 July 2019
- Government response content
Concerning the situation of Ms. Xu Yan, the Government indicated that the judicial authorities have not taken any compulsory measures against her.
- Which State raised the case at the UN and when?
United Kingdom raised the case in September 2020 at the 45th session of the HRC during the Interactive Dialogue with the Assistant Secretary-General on reprisals under item 5: "We are also disturbed by the high number of cases relating to China, including reprisals against Li Yuhan, Chen Jiangfang, Xu Yan, and Qin Yongming."
Germany raised the case in September 2023 at the 54th session of the HRC during the Interactive Dialogue with the Assistant Secretary-General on reprisals under item 5.
Germany raised the case in September 2024 at the 57th session of the HRC during the Interactive Dialogue with the Assistant Secretary-General on reprisals under item 5: "China´s increasing repression of human rights defenders at home and abroad is also deeply worrying. We call on China to respect their freedom of opinion and expression and release those arbitrarily detained for exercising their rights, including Yu Wensheng, Xu Yan and Chow Hang-Tung. "
Germany raised the case in September 2025 at the 60th session of the HRC during the Interactive Dialogue with the Assistant Secretary-General on reprisals: "We condemn reprisals in the strongest terms and express our utmost concern about the many individual cases documented in the report. This includes, but is not limited to the cases of: - Yu Wensheng, Xu Yan and Chow Hang-Tung [Sprich: Yü Uen-scheng, Schü Yän, Tschou Hang-Tung],."
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 6
- In which SG report was this case followed up on? 0
- 2020
- Follow up information provided in SG report 0
The case of Ms. Xu Yan, who had engaged with UN human rights mechanisms, was included in the 2019 report of the Secretary-General (A/HRC/42/30, para. 45 and Annex I, paras. 13, 17) in relation to her interrogation for her campaign for the release of her detained husband, Mr. Yu Wensheng, a human rights lawyer whose case was addressed by the Working Group on Arbitrary Detention (A/HRC/HRC/WGAD/2018/62) 8 and other special procedure mandate holders (CHN 5/2018). 9 It has been reported to OHCHR that, during the reporting period, the attempts of Ms. Xu Yan to visit her husband, or receive information about him, were blocked by the authorities, and that her phone and computer are monitored. In the current reporting period, she reportedly continued to remain subjected to surveillance and unable to leave her home or travel abroad.
- Followup Trends 0
- Stayed same
- Did the government respond? 0
- No
- In which SG report was this case followed up on? 1
- 2021
- Follow up information provided in SG report 1
- The case of Ms. Xu Yan, who had engaged with UN human rights mechanisms, was included in the 2020 and 2019 reports of the Secretary-General 110 in relation to her interrogation for her campaign for the release of her detained husband, Mr. Yu Wensheng, a human rights lawyer whose case was addressed by the Working Group on Arbitrary Detention (A/HRC/HRC/WGAD/2018/62) 111 and other special procedure mandate holders (CHN 5/2018).112 It has been reported to OHCHR that Ms. Xu Yan learned that her husband had been secretly convicted and sentenced to four years prison on 17 June 2020, and transferred to a Nanjing Prison (see also CHN 16/2020113). She was only able to confirm the location of his imprisonment after repeated calls to multiple authorities in February 2021 and was able to visit her husband on 15 March 2021 for the first time since his detention in January 2018. Ms. Xu Yan reportedly remained under surveillance by authorities, who at times prevented her from leaving her home, including on 10 December 2020, blocking her public participation in Human Rights Day
- Followup Trends 1
- Deterioration/further reprisals
- Did the government respond? 1
- No
- In which SG report was this case followed up on? 2
- 2022
- Follow up information provided in SG report 2
- The case of Ms. Xu Yan, who had engaged with UN human rights mechanisms, was included in the 2019, 2020, and 2021 reports of the Secretary-General in relation to her interrogation for her campaign for the release of her detained husband, Mr. Yu Wensheng, a human rights lawyer whose detention was considered arbitrary by the Working Group on Arbitrary Detention and whose case was addressed by other special procedure mandate holders (CHN 5/2018). According to information received by OHCHR, Ms. Xu was allegedly prevented from leaving her house twice during the reporting period: on 17 September 2021 by State Security from the Shijingshan District, when she was planning to attend an event at the U.S. Embassy; and on 10 December 2021 by unidentified persons preventing her from publicly observing Human Rights Day. On 1 March 2022, Mr. Yu Wensheng was reportedly released after completing a four-year sentence. On 1 April 2022, Ms. Xu Yan and her husband were allegedly prevented from leaving Beijing for a vacation.
- Followup Trends 2
- Deterioration/further reprisals
- Did the government respond? 2
- Yes
- In which SG report was this case followed up on? 3
- 2023
- Follow up information provided in SG report 3
- The case of Ms. Xu Yan, who had engaged with UN human rights mechanisms, has been included in the reports of the Secretary-General since 2019, 46 in relation to her interrogation for her campaign for the release of her detained husband, Mr. Yu Wensheng, a human rights lawyer whose detention was considered arbitrary by the Working Group on Arbitrary Detention47 (CHN 5/2018).48 On 1 March 2022, Mr. Yu Wensheng was reportedly released after completing a four-year sentence. According to information received by OHCHR since his release from prison, he and Ms. Xu Yan have been under close surveillance, and at times confined to their homes for days. On 13 April 2023, several police officers reportedly prevented Ms. Xu Yan and her husband from taking the subway to attend a meeting in the EU Embassy in Beijing. They were informed they were being summoned and taken to the Shijingshan Bajiao police Station. The following day, they were formally arrested on suspicion for “picking quarrels and provoking trouble.” Reportedly, on 15 April, several police officers searched the family’s apartment and confiscated items without a search warrant.
- Regarding Mr. Yu Wensheng and Ms. Xu Yan, the Government reiterated the information provided in its reply to last year’s report (A/HRC/51/47, Annex II, para. 53) and noted further that Mr. Yu Wensheng had been released on 1 March 2022 after having served his full sentence. The Government added that, on 14 April 2023, Beijing public security authorities had initiated a criminal investigation against Mr. Yu Wensheng and Ms. Xu on suspicion of the crime of picking quarrels and provoking trouble and that it was ongoing
- Followup Trends 3
- Deterioration/further reprisals
- Did the government respond? 3
- Yes
- In which SG report was this case followed up on? 4
- 2024
- Follow up information provided in SG report 4
-
The case of Ms. Xu Yan, who reportedly had been targeted for engaging with UN human rights mechanisms, has been included in the reports of the Secretary-General since 2019,56 in relation to her interrogation for her campaign for the release of her detained husband, Mr. Yu Wensheng, a human rights lawyer whose detention was considered arbitrary by the Working Group on Arbitrary Detention57 (CHN 5/2018).58 On 1 March 2022, Mr. Yu Wensheng was reportedly released after completing a four-year sentence. According to information received by OHCHR since his release from prison, he and his wife were subsequently placed under close surveillance and, on 14 April 2023, they were both arrested on suspicion of “picking quarrels and provoking trouble.” According to information received by OHCHR, Ms. Xu Yan and her husband Mr. Yu Wensheng remain in pre-trial detention initially in Beijing Shijingshan Detention Centre and, since January 2024, in Suzhou City No. 1 Detention Centre. Reportedly Mr. Xu Yan has lost 14 kilograms in body weight since his arrest, his health has deteriorated while in detention, and he urgently needs to undergo a surgical intervention. Ms. Xu Yan has allegedly been threatened with the arrest of her son.
-
Regarding the situation of Mr. Yu Wensheng and Ms. Xu Yan the Government noted that on 30 April 2024, the Suzhou Municipal People’s Procuratorate of Jiangsu Province had charged Mr. Yu Wensheng with the crime of picking quarrels and provoking trouble and filed a public indictment with the Suzhou Municipal Intermediate People’s Court, where the case was currently being heard in the first instance.
-
- Followup Trends 4
- Deterioration/further reprisals
- Did the government respond? 4
- Yes
- In which SG report was this case followed up on? 5
- 2025
- Follow up information provided in SG report 5
- The case of Ms. Xu Yan, who reportedly had been targeted for engaging with United Nations human rights mechanisms, has been included in the reports of the Secretary-General since 2019,44 in relation to her interrogation due to her campaign to release her detained husband, Mr. Yu Wensheng, a human rights lawyer whose detention was considered arbitrary by the Working Group on Arbitrary Detention45 (CHN 5/2018).46 On 1 March 2022, Mr. Yu Wensheng was reportedly released, after completing a four-year sentence, and subsequently placed under close surveillance. Reportedly, on 14 April 2023, they were both arrested and charged on 30 April 2024 with the crime of “picking quarrels and provoking trouble”. According to information received by OHCHR, Ms. Xu Yan and her husband Mr. Yu Wensheng were tried in closed proceedings before the Suzhou Intermediate Court between 28 and 30 August 2024 on charges of “inciting subversion of state power.” On 29 October 2024, the Court reportedly convicted and sentenced Ms. Xu Yan and Mr. Yu Wensheng to 21 and 31 months of imprisonment respectively. On 15 November 2024, OHCHR issued a social media statement expressing regret over their conviction and sentencing and reiterated its calls for their immediate and unconditional release.47
- Ms. Xu Yan was reportedly released on 13 January 2025 and is now under police surveillance. According to information received by OHCHR,her residence is monitored by a guard 24 hours a day and she is photographed and followed when she leaves her home. Mr. Yu Wensheng remains in prison as of April 2025. 57. Regarding the situation of Mr. Yu Wensheng and Ms. Xu Yan, the Government noted that on 30 August 2024, the Suzhou Intermediate People’s Court held separate hearings on charges of inciting subversion of state power. On 29 October 2024, Mr. Yu Wensheng was sentenced to three years’ imprisonment and political rights deprivation for three years, ten months, and fifteen days. Ms. Xu Yan received a sentence of one year and nine months, with one year of political rights deprivation. Mr. Yu Wensheng appealed, but on 6 January 2025, the Jiangsu Provincial High People’s Court upheld the original judgment. He is serving his sentence at the time of writing while Ms. Xu Yan was released on 13 January 2025 upon completion of hers.
- Followup Trends 5
- Significant positive and negative developments
- Date of follow up 5
- 15 November 2024
- Did the government respond? 5
- Yes
- Was this case followed up by a UN body? 5
- OHCHR: OHCHR - General