A/HRC/45/36
and sentenced to two years in prison, following a closed-door trial (CHN 2/2018).10 In its
October 2019 report, the Working Group noted that it found the detention of Mr. Zhen
Jianghua arbitrary and recommended that he be released and provided compensation and
other reparations (A/HRC/WGAD/2019/20, paras. 68, 77, 87, 91, 95). 11 On 8 November
2019, he was released at the completion of his sentence.
18.
The case of the international non-governmental organization Chinese Human
Rights Defenders (CHRD) was included in the 2019 report of the Secretary-General
(A/HRC/42/30, para. 46 and Annex I, para. 19) on allegations of intimidation and
harassment for sharing information with the UN, as well as for training human rights
defenders seeking to cooperate with the UN. In December 2019 and January 2020, Chinese
state media criticized CHRD’s research submitted to the Committee on the Elimination of
Racial Discrimination (CERD) in 2018.
19.
The case of Ms. Chen Jianfang, a human rights defender, was included in the 2014
and 2019 reports of the Secretary-General (A/HRC/27/38, para. 17; A/HRC/42/30, para. 46
and Annex II, para. 18) on allegations of intimidation and reprisal for her campaign for civil
society participation in the UPR, including a tribute to Ms. Cao Shunli 12 on the fifth
anniversary of her death (CHN 11/2013).13 On 19 August 2019, special procedures mandate
holders raised concern about Ms. Chen Jianfang’s alleged arbitrary detention and enforced
disappearance (CHN 16/2019). According to reports received by OHCHR, on 20 March
2019, the Shanghai Public Security Bureau arrested Ms. Chen Jianfang and her husband
and took them to an unknown location. Ms. Chen Jianfang’s husband was released on bail
on 3 April 2019, while she was detained in an unknown location. Their house was put
under surveillance by police officers in plain clothes, who have reportedly put pressure on
family members not to speak publicly about Ms. Chen Jianfang’s case. Ms. Chen Jianfang
was held on charges of “inciting subversion of state power,” later changed to the more
serious charge of “subversion of state power.” On 2 July 2019, authorities from the Pudong
New District Procuratorate reportedly refused to recognize her legal counsel. Mandate
holders noted that, in August 2019, authorities had refused to disclose the place of Ms.
Chen’s detention and her whereabouts were unknown (CHN 16/2019).
20.
On 10 October 2019, the Government responded,14 stating that on 20 March 2019
Ms. Chen Jianfang was the subject of criminal coercive measures (arrest) carried out by the
Shanghai Public Security Agency, in accordance with the law, because she was suspected
of subversion of the political power of the State. The Government stated that, after an
investigation, she fully confessed to the offence. On 22 May 2019, the Pudong New Area
Procurator’s Office in Shanghai approved her arrest, in accordance with the law, and, on 30
August 2019, her case was transferred to the Shanghai No. 1 Intermediate People’s Court
for prosecution. The Government stated that she is now in detention at the Shanghai
municipal detention center, and her case is currently being heard.
21.
The case of Ms. Wang Yu, a lawyer, was included in the 2019 and 2018 reports of
the Secretary-General (A/HRC/42/30, para. 46 and Annex II, para. 19; A/HRC/39/41,
Annex I, paras. 10–12) on allegations of arrest and charges of “subversion of state power,”
(CHN 6/2015),15 including in connection to her role in the case of Ms. Cao Shunli (see
above). It was reported to OHCHR that Ms. Wang Yu continued to face surveillance and
harassment from police and judicial bureau officials during the reporting period, and her
passport continues to be confiscated since July 2015.
22.
The cases of Mr. Qin Yongmin, and his wife, Ms. Zhao Suli, were included in the
2019 and 2018 reports of the Secretary-General (A/HRC/42/30, para. 46 and Annex II, para.
20; A/HRC/39/41, Annex I, paras. 13–14). During the reporting period, Mr. Qin Yongmin
reportedly remained in prison in Qianjiang City, Hubei Province, serving his 13-year prison
10
11
12
13
14
15
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33943.
Opinion No. 20/2019 adopted by the Working Group on Arbitrary Detention at its eighty-fourth
session, concerning Mr. Zhen Jianghua and Qin Yongmin (China), 24 April–3 May 2019.
A/HRC/42/30, Annex II, paras. 17–19; A/HRC/39/41, Annex I, para.10–11; A/HRC/33/19, para. 39;
A/HRC/30/29, Annex I, para. 1; and A/HRC/27/38, paras. 17–19.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32042.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34911.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32826.
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