Jiang Tianyong
Cases- Location of case in SG report
- 2017-022-001
- Relevant SG report
- Year of the report
- 2017
- From Country
- Country Geolocation
Latitude: 35.86166
Longitude: 104.195397
- Country Geolocation (linked Cases)
- China
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 2 December 2016; 28 December 2016; 7 June 2017
- 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
prominent human rights lawyer
- Type of rights defended
- Unclear in SG Report
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
Meetings with the Special Rapporteur on extreme poverty and human rights
- Engagement with UN body
- UN Special Procedures: thematic
- Dates of engagement
- August 2016
- Type of attempted engagement
- Meeting with UN officials during country visit / with locally present UN officials
- Dates of mentioned reprisals
- 21 November 2016
- Location of mentioned reprisals
- Changsha, Hunan Province
- Reprisal information
On 21 November, Mr. Jiang sent a message to a friend informing that he was boarding the train back to Beijing. Since this communication, he has gone missing. In their letter, the experts stated that given Mr. Jiang’s meeting with the Special Rapporteur on extreme poverty and human rights in Beijing in August 2016, they are also concerned that his disappearance may have occurred, at least in part, in reprisal for his cooperation with the Special Rapporteur.
- Types of reprisals suffered
- 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
- 20 January 2017; 7 June 2017
- Government response content
On 20 January 2017, the Government responded, stating that the Gong’an (law enforcement authority) has lawfully taken compulsory criminal measures against Mr. Jiang for fraudulently using the identification documents of others and on suspicion of illegal possession of national confidential documents and espionage. The Government’s reply did not address the allegations relating to reprisals
During the interactive dialogue with the Special Rapporteur, the Government noted that the Special Rapporteur had criticized several cases of detention of criminals which went beyond his mandate and infringed on the sovereignty of China. The Government said it would not tolerate that the protection of human rights be used to support activities that go against public order.
- 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
- 2018
- Follow up information provided in SG report 0
4.The 2017 report of the Secretary-General (see A/HRC/36/31, Annex paras. 22-24) referred to the disappearance of Mr. Jiang Tianyong, a prominent human rights lawyer who had met with Mr. Philip Alston, Special Rapporteur on extreme poverty and human rights during his visit to China in August 2016.On 2 December 2016, four special procedures mandate holders raised concerns regarding actions taken against Mr. Jiang, including that his disappearance may have occurred, at least in part, in reprisal for his cooperation with the Special Rapporteur (A/HRC/34/75, CHN 13/2016). 15.On 6 September 2017 four special procedures mandate holders called on the Government to immediately release Mr. Jiang, who was on trial for inciting subversion of the State’s power and expressed concernsover a lack of fair trial standards.1They expressed concern that he had been detained and under surveillance at an unknown location for more than nine months, without access to his family or a lawyer of his own choosing, and that he may have been subjected to torture and ill-treatment.The special procedures mandate holders stated that “Mr. Jiang’s ‘crime’ apparently included communications with foreign entities, which potentially include the United Nations human rights mechanisms, giving interviews to foreign media, and receiving training on the Western constitutional system, all of which have been carried out in the course of his work as a lawyer.”216.Mr. Jiang was found guilty of inciting subversion of the State’s power on 21November 2017 by the Changsha Intermediate People’s Court and sentenced to two years jail. On 23 November 2017, four special procedures mandate holders condemned the verdict and appealed to the Government to unconditionally release Mr. Jiang, noting that “Mr.Jiang’s trial clearly fell short of international standards and his conviction represents an unfair and arbitrary punishment of a human rights lawyer and defender, whose only crime was to exercise his rights to free speech and to defend human rights.”3They had previously expressed concernthat his confession may have been coerced by the use of torture.On 23March 2018, five special procedures mandate holders issued another statementregarding Mr.Jiang’s deteriorating health conditions while in detention and called on the authorities to give him urgent medical attention.4The Government in its response to the special procedures’ communicationsof 2 December 2016 (CHN 13/2016)and 28 December 2016 (CHN 15/2016) respectively stated that Mr. Jiang had been charged with illegal possession of classified State documents with the intention of illegally transmitting State secrets abroad. It further noted that he has also received long-term funding and support from abroad and has identified himself as a “citizen agent,” interfering in several sensitive cases. The Government noted that he fabricated and disseminated rumours online, incited petitioners of the Government and the family members of persons involved in the cases to oppose State authorities, interfered with the administration of justice, and disturbed public order.The Government stated that Mr. Jiang has admitted to committing offences.The Government did not address the allegations of reprisals
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- No
- Was this case followed up by a UN body? 0
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 1
- 2019
- Follow up information provided in SG report 1
The case of lawyer Mr. Jiang Tianyong was included in the report of the Secretary- General in 2017 and 2018 (A/HRC/36/31, Annex I, paras. 22–24 and A/HRC/39/41, Annex II, paras. 14–16) and the subject of multiple actions by special procedures mandate holders (CHN 13/2016; CHN 15/2016; and CHN 3/2017). 122 He had met the Special Rapporteur on extreme poverty and human rights, during his visit to China in August 2016 (A/HRC/34/75, CHN 13/2016) 123 The mandate holders urged the Government to immediately release Mr. Jiang, who was held incommunicado and may have been subjected to torture and ill- treatment in relation to his association with the Special Rapporteur. 124 His case is registered with the Working Group on Enforced or Involuntary Disappearances (no.10006805) and his subsequent detention was found arbitrary by the Working Group on Arbitrary Detention. 125 26. On 20 January 2017, the Government noted that Mr. Jiang had been charged with illegal possession of classified State documents with the intention of illegally transmitting State secrets abroad, among other charges to which he had admitted (A/HRC/39/41, Annex II, para. 16). 126 Mr. Jiang was reportedly released from prison on 28 February 2019 and placed in police custody. He, his family members and visitors remain under surveillance and are subject to harassment and intimidation. On 20 May 2019, six mandate holders expressed serious concern about the lasting impact of Mr. Jiang’s arrest and detention on his health (CHN 9/2019). [....] 31. Regarding the case of Mr. Jiang Tianyong, the Government indicated that he was accused of inciting subversion of State power, as he had long been influenced by anti-China forces including on “sensationalized high-profile case incidents.” He publicized statements defaming the Government on websites outside of mainland China and on several occasions travelled abroad to take part in training for overthrowing the State power. He also sought funds from outside mainland China to be used to sensationalize incidents relating to high- profile cases. Mr. Jiang Tianyong was sentenced in November 2017, released in February 2018, and is currently in the three-year period of deprivation of political rights.
- Followup Trends 1
- Significant positive and negative developments
- Date of follow up 1
- August 2018; 20 May 2019
- Did the government respond? 1
- Yes
- Was this case followed up by a UN body? 1
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 2
- 2020
- Follow up information provided in SG report 2
The case of lawyer Mr. Jiang Tianyong was included in the 2019, 2018 and 2017 reports of the Secretary-General on allegations of intimidation and harassment for his cooperation with the Special Rapporteur on extreme poverty and human rights during his visit to China in August 2016 22 (A/HRC/42/30, para. 46 and Annex II, para. 25–26; A/HRC/39/41, Annex II, paras. 14–16; and A/HRC/36/31, Annex I, paras. 22–24) and was the subject of actions by special procedures mandate holders (CHN 9/2019 23 and CHN 13/2016, CHN 15/2016 24 ; CHN 3/2017 25 ). 26 27. On 24 September 2019, special procedures mandate holders 27 called upon China to immediately end harassment and surveillance of Mr. Jiang Tianyong. They stated that “Despite his release, Mr. Jiang is not a free man. He remains under constant surveillance by the authorities and his movement is severely restricted. He continues to be punished, along with his family and friends, with harassment and intimidation by the authorities.” They further stated that “while this is being done on the ground ... he has been deprived of his political rights for three years, [and] such treatment is both gratuitously punitive and legally unjustified.” 28 The experts also expressed concern about Mr. Jiang Tianyong’s lack of access to appropriate medical care, especially in view of his deteriorating health. 28. It was reported to OHCHR that following the issuance of the September 2019 press statement by special procedures, national security officers from the Xinyang City Public Security Bureau in Henan Province harassed Mr. Jiang Tianyong and his parents at their home. During the reporting period, he continued to be restricted in his movement, only allowed to leave home accompanied by police, and he and his family were allegedly subject to police harassment.
- Followup Trends 2
- Deterioration/further reprisals
- Date of follow up 2
- 24 September 2019
- Did the government respond? 2
- No
- Was this case followed up by a UN body? 2
- UN Special Procedures: Thematic
- In which SG report was this case followed up on? 3
- 2021
- Follow up information provided in SG report 3
- The case of lawyer Mr. Jiang Tianyong was included in the 2020, 2019, 2018 and 2017 reports of the Secretary-General129 on allegations of intimidation and harassment for his cooperation with the Special Rapporteur on extreme poverty and human rights during his visit to China in August 2016130 and was the subject of actions by special procedures mandate holders (CHN 9/2019131 and CHN 13/2016, CHN 15/2016;132 CHN 3/2017)133 . 134 On 24 September 2019, special procedures mandate holders 135 had called upon China to immediately end harassment and surveillance of Mr. Jiang Tianyong. During the reporting period, according to information received, he remained under house arrest at his parents’ home, where he has been since his release from prison in February 2019. He is reportedly under continuous police and camera surveillance and is not allowed to leave without a police escort. His parents and younger sister are reportedly also under surveillance and are often harassed by authorities. It is also alleged that visitors are confronted by government authorities, who require the visitors to produce identification and frequently detain them for interrogation. Mr. Jiang Tianyong is reportedly subject to a travel ban, preventing him from leaving the country and reuniting with family abroad.
- Followup Trends 3
- Stayed same
- Did the government respond? 3
- No
- In which SG report was this case followed up on? 4
- 2022
- Follow up information provided in SG report 4
- The case of lawyer Mr. Jiang Tianyong was included in the 2017, 2019, 2020 and 2021 reports of the Secretary-General on allegations of intimidation and harassment for his cooperation with the Special Rapporteur on extreme poverty and human rights during his visit to China in August 2016 and was the subject of actions by special procedures mandate holders (CHN 9/2019 and CHN 13/2016, CHN 15/2016; CHN 3/2017). The Working Group on Arbitrary Detention found the detention of Mr. Jiang Tianyong arbitrary (A/HRC/WGAD/2018/62, paras. 59, 62, 77, 78). On 24 September 2019, special procedures mandate holders had called upon China to immediately end harassment and surveillance of Mr. Jiang Tianyong. According to information received by OHCHR, Mr Jiang Tianyong reportedly remained under house arrest during the reporting period, with a travel ban abroad, and prevented from reuniting with this family. Reportedly, he was under close surveillance by local public security at his parents’ home in Luoshan, where he has been since his release from prison in February 2019. On 28 February 2022, the part of his sentencing depriving him of political rights for three years expired and, on 1 March 2022, he allegedly received a “notice of expiry of the period of deprivation of political rights.” Reportedly, since 1 March 2022 the degree of surveillance has decreased to a certain extent, and he is allowed to leave his home but restrictions are still in force. At the time of writing, he remained under camera surveillance and must inform and seek the approval of the relevant authorities to leave his home.
- Followup Trends 4
- Significant positive and negative developments
- Did the government respond? 4
- Yes
- In which SG report was this case followed up on? 5
- 2024
- Follow up information provided in SG report 5
-
The case of human rights lawyer Mr. Jiang Tianyong was included in the reports of the Secretary-General from 2019 until 2022, and prior to that in 2017,72 on allegations of intimidation and harassment for his cooperation with the then Special Rapporteur on extreme poverty and human rights during his visit to China in August 201673 and was the subject of actions by special procedures mandate holders (CHN 9/2019 74 and CHN 13/2016, CHN 15/2016; 75 CHN 3/2017). 76 The Working Group on Arbitrary Detention found the detention of Mr. Jiang Tianyong arbitrary (A/HRC/WGAD/2018/62, paras. 59, 62, 77, 78).77 On 24 September 2019, special procedures mandate holders had called upon China to immediately end harassment and surveillance of Mr. Jiang Tianyong.78 Reportedly, since his release from prison in February 2019, Mr. Jiang Tianyong has remained under house arrest at his parents’ home in Luoshan, banned from international travel, and under close surveillance by local public security. According to information received by OHCHR, in May 2023 his application to renew his passport was rejected, and since late 2023 police monitoring and surveillance has tightened, allegedly after his wife and daughter shared information on his situation and forced family separation with United Nations human rights mechanisms. In January 2023, surveillance cameras were allegedly set up in the home of relatives he was visiting in Zhongshan city. His parents’ applications to renew their passports were also reportedly rejected given connection to their son.
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Regarding the situation of Mr. Li Heping and Ms. Wang Qiaoling as well as of Mr. Jiang Tianyong, the Government noted that the Chinese judicial authorities had taken nocoercive measures whatsoever against Mr. Li Heping, Ms. Wang Qiaoling or Mr. Jiang Tianyong.
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- Followup Trends 5
- Deterioration/further reprisals
- Did the government respond? 5
- Yes