Qin Yongmin
Cases- Location of case in SG report
- 2018-013-001
- Relevant SG report
- Year of the report
- 2018
- From Country
- Country Geolocation
Latitude: 35.86166
Longitude: 104.195397
- Country Geolocation (linked Cases)
- China
- From Region
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
democracy activist and dissident
- 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
prosecuted in part for his advocacy of the use of United Nations human rights mechanisms amongst civil society in China, including the Working Group on Arbitrary Detention, and for promotion of the implementation of United Nations human rights treaties to which China is a party. Mr. Qin had also appealed to the special procedures to intervene on behalf of his wife, Ms. Zhao Suli, who has been held incommunicado while under “residential surveillance” (de facto house arrest) since February 2018, following over three years of enforced disappearance in police custody.
- Engagement with UN body
- UN Special Procedures: thematic
- Unclear
- Dates of engagement
- unclear
- Type of attempted engagement
- Submission of information to UN
- Unclear
- Dates of mentioned reprisals
- 17 June 2016; 11 May 2018; 11 July 2018;
- Location of mentioned reprisals
- Wuhan
- Reprisal information
criminal indictment against Qin, which was issued by Wuhan City People’s Procurorate on 17 June 2016, states that Qin was being prosecuted due to his promotion of engagement with United Nations human rights mechanisms. “fundamental method of his [advocacy] work is based on using the Constitution and various UN human rights treaties, leading those around him to strive for human rights protections, organizing them in accordance with the law, uniting various spontaneously created organizations, and coordinating the work on various fronts,” as a way to allegedly form a “powerful political opposition group.” Prosecuted 11 May 2018. The Wuhan City Intermediate People’s Court in Hubei Province charged Mr. Qin for “subversion of state power” (Criminal Law, Article 105(1)), and on 11 July 2018 sentenced him to 13 years in prison.
- Types of reprisals suffered
- Charge/Investigation/Prosecution: Conviction
- Disappearance/Kidnapping
- 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
- 31 July 2018
- Government response content
Government stated that in March of 2015, he was “lawfully subjected to criminal detention on suspicion of subverting State power; his arrest was approved by the procuratorial authorities in May of 2015, and [his case] was referred for prosecution in June of 2016.” The Government noted that the Wuhan Municipal Intermediate People’s Court held an open trial on 11 July 2018, which held that Mr. Qin had committed the crime of subverting State power and lawfully sentenced him to 13 years’ fixed-term imprisonment and three years’ deprivation of political rights. The Government stated that, “following his release on the completion of his term of imprisonment [for that crime], and motivated by his dissatisfaction with State power and the socialist system, he continued to engage in activities subversive of State power, advocating his ideas on subverting State power and proposing the goal, strategies and methods of subverting it through written essays, published books and the use the Internet and foreign media.” The Government stated that to “achieve the goal of subverting State power, Mr. Qin sought out members, drafted regulations and established the structure of an unlawful organization that he set up with himself as its head, and raised funds by levying membership fees, soliciting donations and accepting financial subsidies, to be used for undertaking activities subversive of State power.” The Government did not address the allegation of reprisals.
- Was the case raised by a State at the UN?
- Yes
- Which State raised the case at the UN and when?
In September 2020, the United Kingdom raised the case at the 45th session of the Human Rights Council during the Interactive Dialogue with the Assistant Secretary-General on the report on reprisals for cooperation with the UN: 'Similarly, 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.'
- 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?
- 3
- In which SG report was this case followed up on? 0
- 2019
- Follow up information provided in SG report 0
The case of Mr. Qin Yongmin, democracy activist and dissident, and his wife, Ms. Zhao Suli, was included in the 2018 report of the Secretary-General (A/HRC/39/41, Annex I, paras. 13–14). In October 2018, Mr. Qin was reportedly transferred to Guanghua Prison in Qianjiang City, Hubei Province to serve a 13-year prison sentence on “subversion of state power” charges brought in July 2018. The criminal indictment reportedly accuses Mr. Qin of promotion of engagement with United Nations human rights mechanisms. On 31 July 2018, the Government stated that in March of 2015 he was “lawfully subjected to criminal detention on suspicion of subverting State power” and that he was “lawfully sentenced to 13 years’ fixed-term imprisonment and three years’ deprivation of political rights” (A/HRC/39/41, Annex I, para. 17). Mr. Qin’s wife Ms. Zhao reportedly remains under de facto house arrest, but has now been granted regular, albeit monitored, monthly visits since he was transferred to Guanghua Prison. They are both reportedly suffering health issues. [...] 29. Regarding the case of Mr. Qin Yongmin, the Government indicated that after his release from prison in 2010, he continued to engage in activities aimed at the subversion of State power by writing articles, publishing books, and using the Internet and media outlets based outside mainland China. In July 2018, he was found guilty of subversion of State power and establishing an illegal organization under his leadership, and sentenced to 13 years in prison and deprivation of political rights for three years. His appeal was rejected in September 2018. According to the Government, his health is in good condition and “the house arrest” of his wife Ms. Zhao Suli never happened.
- Followup Trends 0
- Stayed same
- Did the government respond? 0
- Yes
- In which SG report was this case followed up on? 1
- 2020
- Follow up information provided in SG report 1
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 sentence on charges brought in July 2018 on “subversion of state power,” which reportedly also accused Mr. Qin Yongmin of promotion of engagement with UN human rights mechanisms. His family has reportedly been unable to contact him since the COVID-19 outbreak, and, prior to the outbreak, he had not been allowed to make phone calls and his family received only sporadic letters from him. Ms. Zhao Suli reportedly continues to remain under de facto house arrest, and when she leaves her home she is reportedly followed by police.
On 17 August 2020, the Government responded in detail to the note verbale sent in connection to the present report. Concerning Mr. Qin Yongmin, the Government stated that his rights to receive visitors and to send and receive mail are protected in prison in accordance with the law. His third elder brother and wife have visited him in prison. Since the outbreak of the coronavirus disease (COVID-19) in January 2020, however, the prison has suspended such visits.
- Followup Trends 1
- Stayed same
- Did the government respond? 1
- Yes
- In which SG report was this case followed up on? 2
- 2021
- Follow up information provided in SG report 2
- The cases of Mr. Qin Yongmin, and his wife, Ms. Zhao Suli, were included in the 2020, 2019 and 2018 reports of the Secretary-General.120 During the reporting period, Mr. Qin Yongmin remained in prison serving a 13-yearprison sentence for engaging in human rights that included promotion of engagement with UN human rights mechanisms, and his long-term detention was raised by special procedures mandate holders (see CHN 4/2021121). According to information received, Mr. Qin Yongmin reportedly continues to suffer from poor health. His family’s most recent communication with him was a letter received in August 2020, dated December 2019. His family reports that authorities do not permit him to convey anything about conditions in prison. After one visit in January 2020, authorities reportedly refused the family’s monthly visitation requests, citing the COVID-19 outbreak, although quarantine measures in the region had ended and other criminal justice proceedings in the area had returned to normal. A lawyer engaged by his family attempted to visit Mr. Qin Yongmin in person at Qianjiang Guanghua Prison in Hubei province in November 2020 but was denied due to COVID-19 and informed that he would need to sign documentation to be granted a video visit. Ms. Zhao Suli reportedly remains under 24-hour surveillance. and is therefore unable to work. Her son has been monitored by national security officers.
- Followup Trends 2
- Deterioration/further reprisals
- Date of follow up 2
- 28 April 2021
- Did the government respond? 2
- No