A/HRC/45/36
27.
On 24 September 2019, special procedures mandate holders27 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.
29.
The case of Mr. Dolkun Isa was included in the 2019 and 2017 reports of the
Secretary-General (A/HRC/42/30, para. 46 and Annex II, paras. 27, 32; A/HRC/36/31, para.
29) on allegations of attempts by the Government to prevent his participation in UN fora
(CHN 13/2018).29 It was reported to OHCHR that during the reporting period additional
attempts were made to prevent the participation of Mr. Dolkun Isa in UN fora, including
sessions of the Human Rights Council in Geneva.
30.
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.
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. Concerning Mr. Qin Yongmin, the Government stated that his
rights to receive visitors and to send and receive mail are protected in prison in accordance
with the law. His third elder brother and wife have visited him in prison. Since the outbreak
of the coronavirus disease (COVID-19) in January 2020, however, the prison has
suspended such visits.
32.
Regarding Mr. Liu Zhengqing, he was disbarred in January 2019 by the Guangdong
Provincial Department of Justice for remarks he made when acting as a defence counsel,
which had endangered national security and constituted malicious slander against other
people. Concerning Mr. Wang Quanzhang, a former lawyer, he was sentenced on 28
January 2019 to four years and six months in prison and deprivation of political rights for
five years for subversion of State power, and in December 2019, he was disbarred by the
Beijing Municipal Bureau of Justice on the grounds of his conviction of a deliberate crime.
33.
Regarding the disbarring of lawyers, the Government stated that more than 480,000
lawyers function as a key force for governing the country according to the law. The vast
majority of Chinese lawyers are able to practice in accordance with laws and regulations. A
25
26
27
28
29
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33449.
See also Opinion No. 62/2018 adopted by the Working Group on Arbitrary Detention at its eightysecond session, concerning Wang Quanzhang, Jiang Tianyong and Li Yuhan (China), 20–24 August
2018.
OHCHR, “China: Harassment of human rights lawyer Jiang Tianyong must stop, say UN experts,”
(24 September 2019),
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25046&LangID=E.
Ibid.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34273.
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