Li Yuhan
Cases- Location of case in SG report
- 2019-014-002
- Relevant SG report
- Year of the report
- 2019
- From Country
- 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 or 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.
- 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.'
In September 2023, Germany raised the case at the 54th 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.
- 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?
- 5
- 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
- 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
- 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
- In which SG report was this case followed up on? 3
- 2023
- Follow up information provided in SG report 3
- 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 reports of the Secretary-General since 2019.45 According to information received by OHCHR, Ms. Li Yuhan was tried for the charges of “picking quarrels and provoking trouble” and “fraud” in October 2021 and remains in pretrial detention at the Shenzang No. 1 Detention Center, awaiting sentencing since 9 October 2017. Reportedly, in November 2022, the Heping People’s Court ordered another three months extension of her detention, allegedly without the required approval of the Supreme People’s Court. During the reporting period, Ms. Li Yuhan’s health has deteriorated and her multiple applications for medical release were rejected despite suffering from urgent medical conditions. Reportedly, a judge rejected a medical request for a CT scan despite all necessary arrangements made by the prison and on 20 March 2023, Ms. Li Yuhan underwent a medical examination.
- Regarding the situation of Ms. Li Yuhan the Government reiterated the information on the criminal proceedings against her as reflected in its reply to last year’s report (A/HRC/51/47, Annex II, para. 52) and added that her trial on suspicion of picking quarrels and provoking trouble as well as committing fraud was ongoing and that the verdict was pending.
- Followup Trends 3
- Deterioration/further reprisals
- Did the government respond? 3
- Yes
- In which SG report was this case followed up on? 4
- 2024
- Follow up information provided in SG report 4
-
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,53 has been included in the reports of the Secretary-General since 2019.54 Reportedly, Ms. Li Yuhan was held in pre-trial detention at the Shenyang No. 1 Detention Centre since 9 October 2017 on charges of “picking quarrels and provoking trouble” and “fraud”, until her trial in October 2021. On 21 July 2023, special procedures mandate holders addressed her arbitrary detention, related violations of due process guarantees and her reported ill treatment and state of health (CHN 11/2023). On 25 September 2023, the Government replied to mandate holders55 According to information received by OHCHR, on 24 March 2024, she was released from prison after having served the full term of her sentence of six and a half years. She is reportedly in poor health and in need of medical care. Reportedly, on 15 April 2024 she travelled to Beijing to seek medical treatment and had to move out of her place of residence due to alleged pressure by police on her host.
-
Regarding the situation of Ms. Li Yuhan, the Government stated that on 25 October 2023, the Heping District People’s Court of Shenyang Municipality had sentenced her to four years’ fixed-term imprisonment for the crime of fraud and imposed a penalty of RMB 50,000 yuan and an additional three years’ fixed-term imprisonment for the crime of picking quarrels and provoking trouble. It clarified further that a combined sentence of six years and six months of imprisonment and a fine of RMB 50,000 yuan had been imposed and that. Ms. Li Yuhan had appealed. The Government added that, after hearing the case, the Shenyang Municipal Intermediate People’s Court had ruled on 29 December 2023 that the appeal should be rejected and the original sentence upheld. Li Yuhan was released at the end of her sentence on 24 March 2024.
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- Followup Trends 4
- Deterioration/further reprisals
- Date of follow up 4
- 21 July 2023
- Did the government respond? 4
- Yes
- Was this case followed up by a UN body? 4
- UN Special Procedures: UN Special Procedures - General