A/HRC/42/30
13/2011).63 Mr. Liu reportedly refused to attend the hearing, which was held in absentia,
following which he was notified that he had been stripped of his license to practice law.
17.
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. 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). 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.
18.
On 28 December 2018, activist Mr. Zhen Jianghua, who had engaged with the UN
human rights mechanisms, was convicted of “inciting subversion of state power” and
sentenced to two years in prison, following a closed-door trial. He was reportedly seized
from his apartment without a warrant on 1 September 2017 and denied access to a lawyer.
On 29 September 2017, he was reportedly put under “residential surveillance at a
designated location.” Mr. Zhen’s case was raised by four special procedures mandate
holders in January 2018 (CHN 2/2018).66
19.
In May 2019, it was reported that staff members of the international nongovernmental organization Chinese Human Rights Defenders (CHRD) faced serious
intimidation and harassment for sharing information with the United Nations and
conducting trainings for China-based human rights defenders seeking to cooperate with the
United Nations. Between February and July 2018, repeated anonymous emails in Chinese
reportedly threatened CHRD and its staff members with “severe consequences” if the
organization held its planned trainings, including physical assault and abduction at airports
and forcible return to China. The last reported email was sent weeks before the Committee
on the Elimination of Racial Discrimination (CERD) review of China in August 2018, and
three months before the universal periodic review (UPR) of China in November 2018. It
was further reported that an article published in a Chinese newspaper denounced CHRD’s
United Nations human rights trainings and efforts to engage the UPR and treaty body
reviews.
20.
On 1 July 2019, the Government responded to the allegations in writing. Regarding
the case of Ms. Li Xiaoling, the Government indicated that, in April 2018, she was charged
with “picking quarrels and provoking trouble” and illegal possession of a State classified
document. According to the Government, since 2010, Ms. Li Xiaoling, has repeatedly
created disturbances in public places by expressing solidarity for others, forming crowds of
onlookers, and holding up signs and slogans. She has also shared information about these
activities and maliciously sought to sensationalize and draw attention to them via on-line
platforms as well as media outlets based outside mainland China. In November 2018, the
first instance court found Ms. Li Xiaoling guilty of provocative and disturbing acts and
sentenced her to three years imprisonment, suspended for five years. Ms. Li Xiaoling
lodged an appeal, which was rejected on 11 February 2019, and she is currently on
probation.
63
64
65
66
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=30914.
Opinion No. 15/2019 adopted by the Working Group on Arbitrary Detention at its eighty-fourth
session, concerning Yu Wensheng (China), 24 April–3 May 2019.
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=33962.
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=33943.
21