Chen Jianfang (Jianfeng)Cases
- Location of case in SG report
- Relevant SG report
- Year of the report
- Country Geolocation
- Country Geolocation (linked Countries)
- East Asia and Pacific
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- Type of record
- Named individual
- Was the victim a foreign national?
- Was the victim a minor?
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant, member of the security forces or of the judiciary?
- Reported trigger of reprisal
Since December 2008, a group of human rights activists, including Ms. Cao, Chen Jianfang and Peng Lanlan, had been requesting the Chinese authorities to allow their participation in the preparation of the national report of China for its first and later its second universal periodic review.
- Engagement with UN body
- UN Human Rights Council: UPR
- Dates of engagement
- Since December 2008; June 2013
- Type of attempted engagement
- Participation in meeting on UN premises
- Dates of mentioned reprisals
- 14 September 2013
- Location of mentioned reprisals
- Reprisal information
On 14 September 2013, while boarding a flight to Geneva to attend a training session on United Nations human rights mechanisms, Ms. Cao was reportedly stopped and transferred to an unknown location by security agents. A number of other human rights activists and lawyers from several Chinese cities were reportedly interrogated and warned in connection with the training programme. They included Ms. Chen, who was stopped from boarding a flight to Geneva at Baiyun International Airport.
- Types of reprisals suffered
- Threats/Intimidations (incl. "fear of reprisal")
- Travel restriction
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- Does the report make general comment about country’s environment for engagement with UN?
- Government response content
Government of China had replied to three communications, sent on 23 September 2013, 7 January 2014 and 24 January 2014 respectively, indicating that careful investigations into those cases had shown that the information contained in the communications was not consistent with the facts
- Which State raised the case at the UN and when?
BENELUX; June 2020; HRC 43 resumed; Item 5? UK; HRC 45; Sept 2020; ID ASG Item 5
- Is the country cited for a "pattern of reprisal" in the context of this case?
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- Does the report cite "self-censorship" as an issue in the context of this case?
- How many times has the case been followed up in subsequent SG reports?
- In which SG report was this case followed up on? 0
- Follow up information provided in SG report 0
- The case of Ms. Chen Jianfang, a human rights activist, was included in the 2014 report of the Secretary-General (A/HRC/27/38, paras. 17–19). On 20 March 2019, Shanghai police reportedly took Ms. Chen Jianfang from her home and she has allegedly been subject to enforced disappearance since then. Days before she was taken away, she had written a tribute to Ms. Cao Shunli on the fifth anniversary of her death (see above), published online on 14 March 2019. Previously, in 2014, she was reportedly interrogated, warned about attempting to attend a human rights training program, and barred from traveling for life (CHN 11/2013). 118
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- In which SG report was this case followed up on? 1
- Follow up information provided in SG report 1
19.The case of Ms. Chen Jianfang, a human rights defender, was included in the 2014 and 2019 reports of the Secretary-General (A/HRC/27/38, para. 17; A/HRC/42/30, para. 46 and Annex II, para. 18) on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli 12 on the fifth anniversary of her death (CHN 11/2013). 13 On 19 August 2019, special procedures mandate holders raised concern about Ms. Chen Jianfang’s alleged arbitrary detention and enforced disappearance (CHN 16/2019). According to reports received by OHCHR, on 20 March 2019, the Shanghai Public Security Bureau arrested Ms. Chen Jianfang and her husband and took them to an unknown location. Ms. Chen Jianfang’s husband was released on bail on 3 April 2019, while she was detained in an unknown location. Their house was put under surveillance by police officers in plain clothes, who have reportedly put pressure on family members not to speak publicly about Ms. Chen Jianfang’s case. Ms. Chen Jianfang was held on charges of “inciting subversion of state power,” later changed to the more serious charge of “subversion of state power.” On 2 July 2019, authorities from the Pudong New District Procuratorate reportedly refused to recognize her legal counsel. Mandate holders noted that, in August 2019, authorities had refused to disclose the place of Ms. Chen’s detention and her whereabouts were unknown (CHN 16/2019). 20. On 10 October 2019, the Government responded, 14 stating that on 20 March 2019 Ms. Chen Jianfang was the subject of criminal coercive measures (arrest) carried out by the Shanghai Public Security Agency, in accordance with the law, because she was suspected of subversion of the political power of the State. The Government stated that, after an investigation, she fully confessed to the offence. On 22 May 2019, the Pudong New Area Procurator’s Office in Shanghai approved her arrest, in accordance with the law, and, on 30 August 2019, her case was transferred to the Shanghai No. 1 Intermediate People’s Court for prosecution. The Government stated that she is now in detention at the Shanghai municipal detention center, and her case is currently being heard.
On 17 August 2020, the Government responded in detail to the note verbale sent in connection to the present report. Regarding the situation of Ms. Chen Jianfang, it informed that she was accused of inciting subversion of State power on 30 August 2019, and a case was filed with the First Intermediate People’s Court of Shanghai, which is ongoing. As for Mr. Li Heping, he was sentenced to three years in prison for subversion of the State on 28 April 2017, with four years of probation and four years of deprivation of political rights. Mr. Li Heping did not lodge an appeal within the specified period and, in May 2018, he was disbarred.
- Followup Trends 1
- Stayed same
- Date of follow up 1
- 19 August 2019
- Did the government respond? 1
- Was this case followed up by a UN body? 1
- UN Special Procedures: Thematic