A/HRC/39/41 3. China 9. On 18 June 2018, in his opening statement to the thirty-eighth session of the Human Rights Council, the High Commissioner for Human Rights highlighted the continuing efforts of China to prevent independent members of civil society from engaging with United Nations human rights mechanisms, including treaty body reviews, the universal periodic review, and many special procedures mandate holders. The High Commissioner encouraged the authorities to enable all actors to contribute to all the international human rights mechanisms and to cooperate with them in a spirit of open and mutual partnership. 3 10. In July 2017, police officially lifted bail conditions on Ms. Wang Yu, a Chinese lawyer working in defense of the rights of Chinese citizens, including high profile human rights defenders cooperating or seeking cooperate with the United Nations. Ms. Wang had reportedly been targeted for her legal representation on several sensitive cases, including her role in the case of Ms. Cao Shunli, a human rights defender who died in custody in 2014 following engagement with the second universal periodic review cycle of China (see A/HRC/33/19, para. 39; A/HRC/27/38, paras. 17-19; and A/HRC/30/29, Annex, para. 1).4 11. In July 2015, Ms. Wang was at the centre of the “709” incidents concerning human rights lawyers, legal assistants and law firm staff, and activists across the country, named for the date on which it took place (9 July 2015) and her situation was addressed in a prior communication by four special procedures mandate holders (CHN 6/2015) and in a statement by the High Commissioner for Human Rights. 5 Upon her arrest Ms. Wang at first disappeared, then was subsequently charged with inciting “subversion of state power.” In the early hours of 9 July 2015, police reportedly abducted Ms. Wang from her home in Beijing and, in January 2016, following six months of incommunicado detention in “residential surveillance at a police-designated location,” Ms. Wang’s family received a notice stating she had been formally arrested and was being held at Tianjin No. 1 Detention Center. Ms. Wang was reportedly tortured in custody and forced to confess to criminal behaviour. According to Ms. Wang, a police officer referenced the situation of Ms. Shunli’s death during her own interrogation, noting that if she died in custody, she would become “another Cao Shunli.” 12. After a video was released on 1 August 2016 where Ms. Wang gave a reportedly coerced televised confession, she and her family were held under house arrest in an apartment in Inner Mongolia, with 24-hour police guards and escorts if they left the residence. She was subsequently released on bail. In July 2017, police officially lifted bail conditions on Ms. Wang and her husband, but the family reportedly continues to live under surveillance. 13. According to information received, on 11 May 2018 Mr. Qin Yongmin, democracy activist and dissident, was prosecuted in part for his advocacy of the use of United Nations human rights mechanisms amongst civil society in China, including the Working Group on Arbitrary Detention, and for promotion of the implementation of United Nations human rights treaties to which China is a party. Mr. Qin had also appealed to the special procedures to intervene on behalf of his wife, Ms. Zhao Suli, who has been held incommunicado while under “residential surveillance” (de facto house arrest) since February 2018, following over three years of enforced disappearance in police custody. Like Mr. Qin, Ms. Zhao has been in State custody since January 9, 2015, when they were both disappeared by police in Wuhan. 14. The Wuhan City Intermediate People’s Court in Hubei Province charged Mr. Qin for “subversion of state power” (Criminal Law, Article 105(1)), and on 11 July 2018 sentenced him to 13 years in prison. The criminal indictment against Qin, which was issued by Wuhan City People’s Procurorate on 17 June 2016, states that Qin was being prosecuted due to his promotion of engagement with United Nations human rights mechanisms, and 3 4 5 GE.18-13325 OHCHR, “Opening statement and global update of human rights concerns by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein at 38th session of the Human Rights Council,” 18 June 2018. OHCHR, “Deadly reprisals: UN experts deplore the events leading to the death of Chinese human rights defender Cao Shunli, and ask for full investigation,” 18 March 2014. OHCHR, “UN Human Rights Chief deeply concerned by China clampdown on lawyers and activists, 16 February 2016. 21