Li Yuhan

Cases
Location of case in SG report
2019-014-002
Relevant SG report
Year of the report
2019
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

human rights lawyer

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant, member of the security forces or of the judiciary?
No
Reported trigger of reprisal

had engaged with the UN human rights mechanisms & WGAD opinion in August 2018

Engagement with UN body
  • UN Special Procedures: thematic
  • Unclear
Dates of engagement
Unclear; August 2018
Type of attempted engagement
  • UN raised case of person/organization
  • Unclear
Dates of mentioned reprisals
6 April 2019; 9 October 2017; 15 November 2017
Location of mentioned reprisals
Shenyang City
Reprisal information

A trial hearing for human rights lawyer Ms. Li Yuhan, who had engaged with the UN human rights mechanisms, at the Shenyang City Heping District Court was scheduled for 9 April 2019 but then cancelled on 6 April 2019. She is in pre-trial detention on charges of “picking quarrels and provoking trouble” since being seized by the police on 9 October 2017 and formally arrested on 15 November 2017. Ms. Li has reportedly suffered ill- treatment and torture in detention and denied medical treatment. In August 2018, the Working Group on Arbitrary Detention determined that the detention of Ms. Li Yuhan is arbitrary and recommended that she be released and provided compensation.

Types of reprisals suffered
  • Physical attack: Torture/Cruel, inhuman, degrading treatment
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. Li Yuhan, the Government indicated that she was taken into criminal detention on 9 October 2017 on allegations of “provocative and disturbing acts.” The first instance court charged her with a count of fraud and provocative and disturbing acts following allegations she had repeatedly provoked trouble and created disturbances in public places, undermining social order. Hearings on the case are ongoing and, according to the Government, the so-called “abuses” and “tortures” have not happened.

Which State raised the case at the UN and when?

UK, HRC 45, Sept 2020, ID ASG Item 5

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
2020
Follow up information provided in SG report 0

The case of human rights lawyer Ms. Li Yuhan, who had engaged with UN human rights mechanisms and whose detention was considered arbitrary by the Working Group on Arbitrary Detention, 6 was included in the 2019 report of the Secretary-General (A/HRC/42/30, para. 45 and Annex I, paras. 13, 15). It was reported to OHCHR that during the reporting period, Ms. Li Yuhan has been held in Shenyang City No.1 Detention Center, still in pre-trial detention since May 2019 on charges of “picking quarrels and provoking trouble” since being seized by the police on 9 October 2017. She has reportedly not been able to meet her lawyers since January 2020 before the COVID-19 outbreak.

On 17 August 2020, the Government responded in detail to the note verbale sent in connection to the present report. [...] 31. Regarding Ms. Li Yuhan, she was detained in November 2017 and charged with fraud and provocative and disturbing acts; she was disbarred in 2018. The People’s Court of Heping District, as the court of first instance, is currently hearing the case. Judicial authorities have dealt with her case in accordance with the law and that no “abuses” or “tortures” have taken place.

Followup Trends 0
Deterioration/further reprisals
Did the government respond? 0
Yes
In which SG report was this case followed up on? 1
2021
Follow up information provided in SG report 1
  1. The case of human rights lawyer Ms. Li Yuhan, who had engaged with UN human rights mechanisms and whose detention was considered arbitrary by the Working Group on Arbitrary Detention,106 was included in the 2020 and 2019 reports of the Secretary-General.
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
  1. The case of human rights lawyer Ms. Li Yuhan, who had engaged with UN human rights mechanisms and whose detention was considered arbitrary by the Working Group on Arbitrary Detention, was included in the 2019, 2020 and 2021 reports of the Secretary-General. According to information received by OHCHR, on 20 October 2021, Ms. Li Yuhan was tried for the charges of “picking quarrels and provoking trouble” and “fraud” by the Heping District People’s Court in Shenzang, Liaoning province, after being held in pre-trial detention for more than four years at the Shenzang No. 1 Detention Center. Reportedly, only one of her two defense lawyers was able to represent Ms. Li Yuan at the trial, after the authorities revoked the firm’s operating license of the other lawyer. Reportedly, the court rejected the request of human rights lawyer Ms. Wang Yu to be appointed as her personal representative (see below). During the reporting period, Ms. Li Yuhan’s trial was repeatedly postponed. Allegedly, she was brought before the court several times and was urged to plead guilty to the charges, which Ms. Li Yuhan refused to do. It was reported to OHCHR that Ms. Li Yuhan suffers from poor health, including cardiovascular, gastric and other diseases.
Followup Trends 2
Stayed same
Did the government respond? 2
Yes