18. 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

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.

20. The case of Ms. Chen Jianfang, a human rights defender, was included in the 2020, 2019 and 2014 reports of the Secretary-General114 on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli115 on the fifth anniversary of her death (CHN 11/2013).116 On 19 August 2019, special procedures mandate holders raised concern about Ms. Chen Jianfang’s alleged arbitrary detention and enforced disappearance (CHN 16/2019).117 It was reported to OHCHR that a Shanghai court convicted Ms. Chen Jianfang of “subversion of state power” on 19 March 2021 and sentenced her to three years in prison. She reportedly rejected multiple attempts by the Government to appoint a lawyer for her because they were not of her choosing. Despite suspicions, she finally met with a lawyer, Mr. Zhang Lei, and a trusted intermediary, former human rights lawyer Ms. Wang Yu (see below), who could verify his identity and credibility. However, on the court date at which they were supposed to meet, plainclothes police reportedly appeared at the hotel room of Ms. Wang Yu and prevented her from appearing in the courtroom. Ms. Chen Jianfang subsequently dismissed her lawyer, Mr. Zhang Lei, because she was unable to verify his identity.

41. The case of Ms. Chen Jianfang, a human rights defender, was included in the 2014, 2019, 2020 and 2021 reports of the Secretary-General on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli on the fifth anniversary of her death (CHN 11/2013). 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 information received by OHCHR, a Shanghai court convicted Ms. Chen Jianfang of “subversion of state power” on 19 March 2021 and sentenced her to three years in prison. She reportedly rejected multiple attempts by the Government to appoint a lawyer for her because they were not of her own choosing. Reportedly, Ms. Chen Jianfang should have been released on 18 March 2022, after completing the 3-year sentence. Ms. Chen is reportedly held at the Shanghai Municipal Detention Center.

33. The case of Ms. Chen Jianfang, a human rights defender, was included in the 2014, 2019, 2020, 2021 and 2022 reports of the Secretary-General49 on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli on the fifth anniversary of her death (CHN 11/2013).51 On 19 August 2019, special procedures mandate holders raised concern about Ms. Chen Jianfang’s alleged arbitrary detention and enforced disappearance (CHN 16/2019).52 According to information received by OHCHR, in August 2022, a Shanghai No. 1 People’s court sentenced Ms. Chen Jianfang to four years and six months in prison for “inciting subversion of state power,” followed by four years of deprivation of political rights. Reportedly, due to the time she already spent in prison, her sentence is set to end on 21 October 2023. According to information received, the court based its judgement on allegations by the prosecution that Ms. Chen had taken part in NGO-training programs on human rights mechanisms. Reportedly, she was also accused of organizing street protests critical of the government and of posting photos of these protests on websites overseas.
34. Regarding the situation of Ms. Chen Jianfang, the Government noted that, on 5 August 2022, Ms. Chen Jianfang had been sentenced by the Shanghai No. 1 Intermediate People’s Court to four years’ and six months’ imprisonment, four years’ deprivation of political rights and the confiscation of RMB 30,000. It added that Ms. Chen Jianfang had filed an appeal and was currently detained in the Shanghai Municipal Detention Center.

59. The case of Ms. Chen Jianfang, a human rights defender, has been included in the reports of the Secretary-General since 2019, and prior to that also in the 2014 report,61 on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli 62 on the fifth anniversary of her death (CHN 11/2013).63 On 19 August 2019, special procedures mandate holders raised concerns about Ms. Chen Jianfang’s alleged arbitrary detention and enforced disappearance (CHN 16/2019).64 Reportedly, in August 2022, Shanghai No. 1 People’s Court sentenced Ms. Chen Jianfang to four years and six months in prison for “inciting subversion of state power,” followed by four years of deprivation of political rights. According to information received by OHCHR, she was released on 21 October 2023 after having served the full term of her sentence of four and a half years. Reportedly, since her release, she has been in her home under close police monitoring and surveillance and her movements are restricted. In March 2024, Ms. Chen Jianfang was allegedly brought into a police station for interrogation, and, the same month, her lawyer was interrogated at a police station when trying to visit her in her home.
60. Regarding the situation of Ms. Chen Jianfang the Government informed that on 14 August 2023, the Shanghai Municipal Higher People’s Court had rejected the appeal and upheld the original sentence of four years’ and six months’ imprisonment, four years’ deprivation of political rights and the confiscation of RMB 30,000. It noted further that in October 2023, Ms. Chen Jianfang had been released after serving her sentence. Concerning Ms. Wang Yu the Chinese judicial authorities had taken no coercive measures whatsoever against her.

49. The case of Ms. Chen Jianfang, a human rights defender, has been included in the reports of the Secretary-General since 2019 and prior to that in the 2014 report, 48 on allegations of intimidation and reprisal for her campaign for civil society participation in the UPR, including a tribute to Ms. Cao Shunli 49 on the fifth anniversary of her death (CHN 11/2013).50 On 19 August 2019, mandate holders raised concerns about Ms. Chen Jianfang’s alleged arbitrary detention and enforced disappearance (CHN 16/2019). 51 Reportedly, in August 2022, Shanghai No. 1 People’s Court sentenced Ms. Chen Jianfang to four years and six months in prison for “inciting subversion of state power,” followed by four years of deprivation of political rights. Reportedly, she was released on 21 October 2023 after having served the full term of her sentence. According to information received by OHCHR, Ms. Chen Jianfang remains under police surveillance with guards stationed outside her home 24 hours a day, confined to her home, and prevented from leaving. During the reporting period, Ms. Chen’s efforts to seek hospital treatment for a condition diagnosed during her detention were hindered, she was barred from attending church services, and several friends who attempted to visit her were reportedly physically blocked by guards, threatened, and removed by police. Reportedly, Ms. Chen Jianfang’s phone was confiscated.
50. Regarding the situation of Ms. Chen Jianfang, the Government referred to the legal proceedings initiated against her since 2019, noting she was released in October 2023 upon completion of her sentence for inciting subversion of state power.