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BETTER TO LIGHT A CANDLE THAN CURSE THE DARKNESS

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发表于 1/16/2018 17:10:30 | 显示全部楼层 |阅读模式
Amnesty International is a global movement of more than 7 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.BETTER TO LIGHT A CANDLE THAN CURSE THE DARKNESS
We are funded by members and people like you. We are independent of any political ideology, economic interest or religion. No government is beyond scrutiny. No situation is beyond hope.
Few would have predicted when we started that torturers would become international outlaws. That most countries would abolish the death penalty. And seemingly untouchable dictators would be made to answer for their crimes.
Where it all began
In 1961, British lawyer Peter Benenson was outraged when two Portuguese students were jailed just for raising a toast to freedom. He wrote an article in The Observer newspaper and launched a campaign that provoked an incredible response. Reprinted in newspapers across the world, his call to action sparked the idea that people everywhere can unite in solidarity for justice and freedom. This inspiring moment didn’t just give birth to an extraordinary movement, it was the start of extraordinary social change.
“Only when the last prisoner of conscience has been freed, when the last torture chamber has been closed, when the United Nations Universal Declaration of Human Rights is a reality for the world’s people, will our work be done”.-Peter Benenson, Amnesty International founder-
Amnesty evolves
Over the years, human rights have moved from the fringes to centre stage in world affairs.
Amnesty has grown from seeking the release of political prisoners to upholding the whole spectrum of human rights. Our work protects and empowers people - from abolishing the death penalty to protecting sexual and reproductive rights, and from combatting discrimination to defending refugees and migrants’ rights. We speak out for anyone and everyone whose freedom and dignity are under threat.
AMNESTY TODAY
After more than 50 years of groundbreaking achievements, Amnesty has been through a major transformation, adapting to dramatic changes in the world.
We have shifted from a large London base, to open regional offices in cities in Africa, Asia-Pacific, Central and Eastern Europe, Latin America and the Middle East. These offices are major hubs for our investigations, campaigns and communications. The new regional offices strengthen the work of Sections who already work at the national level in more than 70 countries. We can now respond quickly to events wherever they happen, and be a powerful force for freedom and justice.
To stay one step ahead, we are also developing tools using the latest technologies. Such as a mobile phone app that acts as a personal ‘panic button’ for activists at daily risk of being arrested or detained.
Imagine what we can now achieve standing side by side with activists in every corner of the globe. How many more prison doors will open? How many more torturers will be brought to justice? How many more people will realize their rights and live in dignity

 楼主| 发表于 1/16/2018 17:38:06 | 显示全部楼层
AMNESTY INTERNATIONAL'S MODERN SLAVERY ACT TRANSPARENCY STATEMENT
Around the world millions of people are victims of modern slavery. The complexity of today’s global supply chains means that consumers are often unknowingly contributing to the exploitation of others. Modern slavery is therefore an urgent challenge, which is why Amnesty International worked to help bring about the transparency in supply chain provisions under the UK Modern Slavery Act 2015. The Act requires organizations doing business in the UK with a total turnover of £36m or more to report on the steps that they are taking to ensure that modern slavery is not taking place in their global supply chains.
This is a statement made by Amnesty International’s International Secretariat on its own compliance with the requirements of section 54 of the Act. It sets out steps that Amnesty International’s International Secretariat has taken to ensure that modern slavery is not taking place in our supply chains and any part of our own business. The statement follows the framework prescribed by the CORE coalition of NGOs to which Amnesty International contributed, as well as covering all the areas set out at section 54(5) of the Act.
OUR KEY FINDINGS ARE AS FOLLOWS:
  • Our suppliers consist predominately of professional consultancies and service providers to support both our substantive human rights work and the operations which support that work. These services are provided almost exclusively by way of direct service provision without extensive supply chains. As such, our supply chain model is therefore generally low risk.
  • In conducting a risk assessment of our suppliers we identified some examples of more complex supply chains and goods or services of higher risk which require further investigation.
  • We recognize that our internal working practices represent a potential risk area due to the fact that our staff carry out the majority of our work. Although we have strong processes and policies in place, a review specific to modern slavery risks is required.
  • We consider that our current processes, in particular our ethical procurement policies and processes, represent a good basis to manage risks associated with modern slavery. However we have identified areas for further investigation and improvement and therefore plan to further develop our approach by taking the following steps:
    • further investigate and engage with higher risk suppliers on the issue of modern slavery;
    • review and update ethical procurement processes to take account of modern slavery risks;
    • review and update other key policies and processes including those relating to our internal working practices to ensure that the risks of modern slavery are appropriately managed; and
    • develop and implement a set of specific key performance indicators and related monitoring in relation to modern slavery



 楼主| 发表于 1/16/2018 20:10:54 | 显示全部楼层
本帖最后由 郭国汀 于 1/16/2018 20:14 编辑

Amnesty International’s “Write for Rights” campaign takes place annually around 10 December, which is Human Rights Day (commemorating the day when the Universal Declaration of Human Rights was adopted in 1948). Write for Rights aims to bring about change to the lives of people or communities that have suffered or are at risk of human rights violations. Among the many actions that take place as part of Write for Rights, Amnesty raises individual cases with decision-makers who can change the situation, gives visibility to those cases by organizing protests and public actions, and brings international attention through media and internet exposure. A major part of the Write for Rights campaign consists of a letter-writing marathon and involves millions of people around the globe. As a result of the international call to action, public offi cials are bombarded with letters. Victims of torture, prisoners of conscience, and people facing the death penalty or other human rights violations receive messages of solidarity from thousands of people in far-off corners of the globe. Those suffering the violations know that their cases are being brought to public attention. They know that they are not forgotten. The results of similar campaigns in previous years have been striking. Individuals affected by the violations report the difference that these letters make, they express their gratitude to those who have written, and they often describe the strength they derive from knowing that so many people are concerned about their case. Often there is a noticeable change by officials towards these individuals: charges are dropped, treatment becomes less harsh, and laws or regulations addressing the problem are introduced.


Human rights are the basic freedoms and protections that belong to every single one of us. They are based on principles of dignity, equality and mutual respect – regardless of age, nationality, gender, race, beliefs and personal orientations.


Your rights are about being treated fairly and treating others fairly, and having the ability to make choices about your own life. These basic human rights are universal – they belong to all of us; everybody in the world. They are inalienable – they cannot be taken away from us. And they are indivisible and interdependent – they are all of equal importance and are interrelated.


Since the atrocities committed during World War II, international human rights instruments, beginning with the Universal Declaration of Human Rights, have provided a solid framework for national, regional and international legislation designed to improve lives around the world.


Human rights can be seen as laws for governments. They create obligations for governments or state officials to respect, protect and fulfill the rights of those within their jurisdiction and also abroad. Human rights are not luxuries that can be met only when practicalities allow.


THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
The UDHR was drawn up by the newly formed United Nations in the years immediately following World War II. Since 1948, it has formed the backbone of the international human rights system. Every country in the world has agreed that they are bound by the general principles expressed within the 30 articles of this document. The UDHR itself is, as its name suggests, a declaration. It is a declaration of intent by every government around the world that they will abide by certain standards in the treatment of individual human beings. Human rights have become part of international law: since the adoption of the UDHR, numerous other binding laws and agreements have been drawn up on the basis of its principles. It is these laws and agreements which provide the basis for organizations like Amnesty International to call on governments to refrain from the type of behaviour or treatment that the people highlighted in our Write for Rights cases have experienced.

DECLARATION ON HUMAN RIGHTS DEFENDERS


Fifty years after the adoption of the Universal Declaration of Human Rights, the UN acknowledged that people who stood up for human rights were in need of support both from institutions and from individuals. In December 1998, the UN General Assembly adopted “The UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” – commonly known as the UN Declaration on Human Rights Defenders.

It defines a human rights defender and sets out the responsibilities of governments, civil society and individuals to support and defend them. The Declaration is an international instrument for the protection of the right to defend human rights.

It does not create new rights, but reaffirms existing rights that are instrumental to the defence of human rights. These include the rights to freedom of association, freedom of peaceful assembly, freedom of opinion and expression, the right to access information relating to human rights, as well as the right to provide legal assistance and the freedom to develop and discuss new ideas in the area of human rights.

1.SOCIAL RIGHTS Right to education, to found and maintain a family, to recreation, to health care.
2.ECONOMIC RIGHTS Right to property, to work, to housing, to a pension, to an adequate standard of living.

3.POLITICAL RIGHTS Right to participate in the government of the country, right to vote, right to peaceful assembly, freedoms of expression, belief and religion.
4LEGAL RIGHTS Right to be presumed innocent, right to a fair trial, right to be free from arbitrary arrest or detention.
5.CULTURAL RIGHTS, SOLIDARITY RIGHTS Right to participate in the cultural life of the community.


Article 1 Freedom and equality in dignity and rights
Article 2 Non-discrimination
Article 3 Right to life, liberty and security of person
Article 4 Freedom from slavery
Article 5 Freedom from torture
Article 6 All are protected by the law
Article 7 All are equal before the law
Article 8 A remedy when rights have been violated
Article 9 No unjust detention, imprisonment or exile
Article 10 Right to a fair trial
Article 11 Innocent until proven guilty
Article 12 Privacy and the right to home and family life
Article 13 Freedom to live and travel freely within state borders
Article 14 Right to go to another country and ask for protection
Article 15 Right to a nationality
Article 16 Right to marry and start a family
Article 17 Right to own property and possessions
Article 18 Freedom of belief (including religious belief)
Article 19 Freedom of expression and the right to spread information
Article 20 Freedom to join associations and meet with others in a peaceful way
Article 21 Right to take part in the government of your country
Article 22 Right to social security
Article 23 Right to work for a fair wage and to join a trade union
Article 24 Right to rest and leisure
Article 25 Right to a standard of living adequate for your health and well-being
Article 26 Right to education, including free primary education
Article 27 Right to share in your community’s cultural life
Article 28 Right to an international order where all these rights can be fully realized
Article 29 Responsibility to respect the rights of others
Article 30 No taking away any of these rights!


 楼主| 发表于 1/16/2018 20:42:33 | 显示全部楼层
the police have the following key roles:
• Making sure people obey the law (enforcing the law)
• Protecting people and property and keeping public order
• Investigating crimes and making arrests



write letters:


MAKE YOUR LETTER TO THE MINISTER PERSONAL:


Tell him something about yourself
Tell him what shocks you about the case
Demand that he ensures that Nakiea’s case is dealt with quickly, by an independent judicial process, and that those held responsible for his killing are brought to justice.


Police officers in every country are allowed to do things that other citizens cannot – for example, using force to arrest someone, holding someone in a prison cell or carrying guns (in some countries).


The police are given these additional powers in order that they can carry out their responsibility to protect people and keep public order. However, with power comes responsibility:


the police are permitted to use force against others, but they must always do so with proper justification, and in accordance with the law and with human rights. The use of any force by police should be strictly limited to those situations where it is absolutely necessary for the achievement of a legitimate law enforcement aim. Firearms may only be used as a last resort (that is, only when less extreme means are insufficient) and when strictly necessary to protect themselves or others against the imminent threat of death or serious injury. The intentional lethal use of firearms is only permissible if strictly unavoidable in order to protect life.


SOME OF THE HUMAN RIGHTS PRINCIPLES GOVERNING THE USE OF FORCE BY POLICE INCLUDE:
The use of force must be necessary; that means it must be the lowest level of force needed to achieve the legitimate objective
The force must be proportionate to the risk or the danger (for example, it would be disproportionate to shoot someone for stealing a bag of crisps)
Where use of force by the police has resulted in injury or death, a prompt, thorough, independent and impartial investigation into the incident must be conducted
Police officers must be held accountable if they misuse their powers and use excessive force. The police must be held accountable through the courts, if necessary. The international standards relating to police use of force should be included in the law of each country and in police regulations.
 楼主| 发表于 1/16/2018 21:13:04 | 显示全部楼层
First they came for the CommunistsAnd I did not speak out Because I was not a Communist
Then they came for the Socialists
And I did not speak out Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out Because I was not a trade unionist
Then they came for the Jews
And I did not speak out Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me



Ni Yilan, Beijing lawyer suffering lost her human rights.


In the run-up to the Beijing Olympic Games of 2008, entire sections of the city
were razed to the ground in order to make way for new construction. Ni Yulan
was a lawyer, and she offered legal advice and support to many of the residents
who had lost their homes. She also watched her own home being demolished
by the Chinese authorities just before the Games.


For many years now, Ni Yulan has stood up for human rights, notably by
defending others against eviction. But she and her family have paid a heavy
price. For nearly 20 years, Ni Yulan has been subjected to surveillance,
harassment and restriction of movement by the Chinese authorities; she has
been expelled from her home at least seven times, has served five and a half
years in prison, and as a result of the torture she was subjected to while in
detention, she now uses a wheelchair.


THE LATEST EVICTION
In April 2017, groups of unidentified individuals entered Ni Yulan’s apartment
on three different occasions. They first broke all the water pipes and cut off
the electricity and internet; then they removed the windows and doors from
the apartment; and then, on the third visit, dragged Ni Yulan, her husband
and daughter out of the apartment and forced them into two vans. The family
were driven around the city for hours and then dumped far away from their
apartment at around 1am.


When they returned to their home, they found that the lock of the main door
had been changed. Since then, Ni Yulan and her husband have been forced to
camp out, moving from place to place and relying on supporters to provide food
and other necessities.


We will not yield to thispressure because we willnot be able to survivein this world if we don’tdefend our rights. Facing(state) violence, wehave to exhaust all legalmeans to fight for ourrights.”





 楼主| 发表于 1/16/2018 21:28:57 | 显示全部楼层
11 January 2018
URGENT ACTION
MORE ACTIVISTS DETAINED FOR LIU XIAOBO MEMORIAL


Independent writer Li Xuewen and Zhan Huidong (aka “Xiaozhang” or “Headmaster”), a former finance journalist and an online writer, have been detained due to their participation in the July 2017 seaside memorial for late Nobel Peace Prize laureate Liu Xiaobo.
    Li Xuewen was detained at the Guangzhou railway station, southern China, by two plainclothes police officers on
19 December 2017. Li Xuewen told his lawyer during his first meeting with him at the detention centre on 22
December, that police handcuffed him and took him to the railway police station after simply being told that he was
on the “wanted list”. Li Xuewen then had his legs chained and was criminally detained on suspicion of “gathering a
crowd to disturb social order”. Li Xuewen believes that the police used facial recognition software to track him down as he was stopped by the officers before he had entered the gate and had his ID checked at the railway station.
    Li Xuewen was then taken to a police station in Xinhui District in Jiangmen, Guangdong province on 20 December
where he was questioned before being taken to the Xinhui District Detention Centre after midnight on 21 December. In subsequent meetings, on 2 and 8 January 2018, Li Xuewen told his lawyer that the officers in the detention centre did not allow him to buy amenities (e.g toothpaste, additional food) as he refused to recite the rules in the detention centre.


    Zhan Huidong has also been criminally detained at Xinhui District Detention Centre on suspicion of the same
charge since 26 December, however the police only informed his family of his whereabouts and the charges laid
against him on 1 January. According to his lawyer, who met with him on 3 and 9 January, Zhan Huidong maintains
that he did not commit any offence.
    Li Xuewen and Zhan Huidong are the most recent activists to have been detained for having joined the seaside
memorial in Jiangmen for Liu Xiaobo on 19 July 2017. Six other activists, who also attended the memorial, were
detained for about a month before being released in August. The authorities need to decide within 37 days after
their detention whether to formally charge the two activists.
    Please write immediately in English, Chinese or your own language urging the authorities to:
 Immediately and unconditionally release Li Xuewen and Zhan Huidong unless there is credible evidence that they may have committed an internationally recognized offence and are granted a fair trial in line with international standards;
 Ensure that they are protected from torture and other ill-treatment, and that they are allowed access to their
family.


PLEASE SEND APPEALS BEFORE 22 FEBRUARY 2018 TO:
Director
Xinhui District Detention Centre
Huangzhukeng
Xinhuiqu Duhui
Jiangmen Shi
Guangdong Sheng 529100
People’s Republic of China
Salutation: Dear Director
Director
Li Chunsheng
Guangdong Provincial Department of
Public Security
97 Huanghualu
Guangzhou Shi
Guangdong Sheng 510050
People’s Republic of China
Email: info@gdga.gov.cn
Salutation: Dear Director
And copies to:
Minister of Public Security
Zhao Kezhi
14 Dong Chang’anjie
Dongchengqu
Beijing Shi 100741
People’s Republic of China
Tel: +86 10 66262114 (Chinese only)
Email: gabzfwz@mps.gov.cn
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
MORE ACTIVISTS DETAINED FOR LIU XIAOBO MEMORIAL ADDITIONAL INFORMATION
    Liu Xiaobo was sentenced to 11 years imprisonment in 2009 for “inciting subversion of state power” for co-drafting “Charter 08”– a manifesto about the hope of asking the Chinese government to respect universal human rights values and democratic development – in 2008 and writing other articles to criticize the Chinese government. Liu Xiaobo died of liver cancer on 13 July 2017 and his body was quickly cremated in Shenyang and his ashes were scattered on 15 July 2017 by the seaside of Dalian, in Liaoning.
    Six other Guangdong activists Wei Xiaobing (aka “1.3 billion citizens”), He Lin, Liu Guangxiao, Li Shujia, Wang Meiju (aka Xi Yan) and Qin Mingxin were taken away by police and had their homes raided several days after they conducted a seaside memorial for Liu Xiaobo on 19 July 2017 to mark the seventh day after the Nobel Peace Prize laureate’s death. They were released on bail about a month later.
    Several other activists were also detained for conducting seaside memorials for Liu Xiaobo and have since been released. Jiang Jianjun and Wang Chenggang, who went to Laohutan (Tiger Beach) in Dalian (very close to where Liu Xiaobo’s ashes were scattered) on 17 July 2017 to pay tribute to Liu Xiaobo, were administratively detained for 10 days before being released on 29 July and 30 July respectively.
    Li Zhaoqiang, who drove the Hong Kong Cable TV station’s journalist to broadcast the 19 July seaside memorial at Jiangmen city, Guangdong live, was taken away by police on 26 July. Detained for three days, he was released on 29 July.
    Following Liu Xiaobo’s death on 13 July, over 20 prominent activists in Beijing and about a dozen petitioners in Shanghai also held indoor memorials for the late Nobel Peace Prize laureate. While none were detained, the activists were kept under surveillance by state security police officers.
    Other activists were also detained due to their commemorative activities for Liu Xiaobo or showing support to others who joined the commemorative actions. Poet Wu Mingliang, better known by his pen name “Langzi”, and Peng Heping, who printed Wu Mingliang’s exhibition catalogue, were released on 22 September after being criminally detained on suspicion of “illegal business operations” on 19 August and 29 August respectively. It is believed Wu Mingliang’s detention was with regard to an anthology of poems commemorating Liu Xiaobo that he had helped produce.
    Zhen Jianghua, executive director of an online platform “Human Rights Campaign in China” (www.hrcchina.org) which documents the human rights situation in China through reports by grassroots rights activists, was criminally detained on 2 September 2017 for “inciting subversion of state power” and held at the Zhuhai City No.1 Detention Centre. His friends believe that he was detained because he supported the other activists who were detained after taking part in the seaside memorial for Liu Xiaobo



 楼主| 发表于 1/16/2018 21:40:57 | 显示全部楼层
SENTENCED ACTIVIST REMAINS AT RISK OF TORTURE


Prominent Chinese activist Wu Gan (better known by his pen name Tufu, ‘The Butcher’) was sentenced to eight years’ imprisonment for ‘subverting state power’. In a statement released after the sentencing, Wu Gan stated he was tortured during detention and there are fears that he continues to be at risk of torture and other ill-treatment. Wu Gan was sentenced to eight years’ imprisonment and deprived of political rights for a further five years for ‘subverting state power’ by the Tianjin Municipal No.2 Intermediate People’s Court on 26 December 2017.


Shortly after being sentenced, Wu Gan released a statement saying that he had rejected the authorities’ request for him to plead guilty in exchange for a more lenient sentence. According to his lawyer, Wu Gan was given a relatively harsh sentence in comparison to other activists due to his refusal to plead guilty. Wu Gan and his lawyers had confirmed, prior to his sentencing, that he would appeal if found guilty. However, when the lawyers requested to meet Wu Gan immediately after he was sentenced, the detention centre refused their request and asked the lawyers to verify their eligibility to represent Wu Gan for the appeal.


Consistently refused access by the prison officials, Wu Gan’s lawyers were only able to meet with him one day before the legally prescribed period for filing an appeal ends, on 5 January 2018. In the same statement after his sentencing, Wu Gan named 13 officials who allegedly tortured him during detention.


China has a history of engaging in politically-motivated actions against well-known activists during the Christmas holidays. Prominent Chinese dissident Hu Jia was detained on 27 December 2007. Liu Xiaobo, who would later win the Nobel Peace Prize but die in detention in 2017, was sentenced to 11 years on Christmas Day 2009 on the charge of "inciting subversion of state power”.

Wu Gan was first detained in May 2015 at a demonstration outside a courthouse while protesting against an alleged miscarriage of justice in a death penalty case from 2000. In July 2015, Wu Gan was formally arrested on charges of “inciting subversion of state power” and “picking quarrels and provoking trouble” by the Xiamen City People’s Procuratorate. Wu Gan has been a high profile activist in China since 2009 and is recognized for his cutting-edge tactics of connecting online and offline actions, raising awareness of human rights abuses, and raising funds online to support his activities.


Between 18 and 20 May 2015, Wu Gan participated in a demonstration outside the Jiangxi Provincial Higher People’s Court in Nanchang supporting a group of lawyers who were demanding access to court documents regarding an alleged case of miscarriage of justice from 2000, when four men were sentenced to death for robbery, rape and murder. Their lawyers claimed the men’s confessions were obtained through torture and sought to re-open the case, but up until that time they had been refused permission to review the court files.


Despite a criminal suspect in another case admitting in 2011 that he committed the murder, the Procuratorate did not withdraw the charges against the four defendants. Activists and human rights defenders continue to be systematically subjected to monitoring, harassment, intimidation, arrest and detention. Police detain increasing numbers of human rights defenders outside of formal detention facilities, sometimes without access to a lawyer for long periods, exposing the detainees to the risk of torture and other ill-treatment.



Prior to his closed court trial held on 14 August 2017, Wu Gan had been detained for over 28 months without access to his family. His lawyers have officially filed an appeal. Please write immediately in English, Chinese or your own language:
 Immediately and unconditionally release Wu Gan as he has been imprisoned solely for peacefully exercising his right to freedom of expression and assembly;
 Pending his release, ensure that Wu Gan has regular, unrestricted access to family and lawyers of his choice, and is not subjected to torture or other ill-treatment;
 Conduct a prompt, effective and impartial investigation into the alleged torture against Wu Gan and bring those responsible to justice.



PLEASE SEND APPEALS BEFORE 16 FEBRUARY 2018 TO:
Director Tianjin Municipal No.1 Detention Centre Dabianzhuang, Zhongbeizhen, Xiqingqu, Tianjin Shi, 300112 People’s Republic of China Tel: +86 22 2753 5320 (Chinese only)
Director Minister of Public Security Zhao Kezhi Ministry of Public Security 14 Dong Chang’anjie Dongchengqu, Beijing Shi 100741 People's Republic of China Tel: +86 10 6626 2114 (in Chinese only) Email: gabzfwz@mps.gov.cn
Minister And copies to: President Xi Jinping Zhongnanhai Xichang’anjie Xichengqu, Beijing Shi 100017 People’s Republic of China Fax: +86 10 63070900 Email: english@mail.gov.cn
 楼主| 发表于 1/16/2018 21:54:10 | 显示全部楼层
HEALTH FEARS FOR POET UNDER ILLEGAL HOUSE ARREST
Liu Xia, a poet, an artist and the widow of late Nobel Peace Prize laureate Liu Xiaobo, wrote a letter expressing her deep depression and loneliness under house arrest.


According to reports, she received surgery in recent months to remove uterine fibroids. No direct contact with her has been allowed, nor confirmation of her whereabouts, since her husband’s death in July.


Liu Xia’s letter to Herta Müller, the 2009 Nobel Literature Prize laureate, was posted online on 9 December 2017 by dissident poet and writer Liao Yiwu who lives in Germany. Presented in verses like a poem, Liu Xia wrote in the
undated letter that she felt so nervous that she curled up and her neck was stiff whenever she heard someone
knocking on her door: “I can’t leave. I talk to myself. I’m going to be insane”.


Since Liu Xiaobo passed away on 13 July 2017, several unverified YouTube video clips have supposedly shown Liu Xia in various locations in Yunnan province and Beijing. Despite this, none of her close friends have been able to get in touch with her directly to confirm her whereabouts and wellbeing.


Artist and poet Liu Xia has been placed under illegal “house arrest” since her late husband, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010. Immediately following the announcement on 8 October 2010, police took her to Liaoning province to keep her away from the media.


According to reports from Radio Free Asia, Liu Xia received surgery to remove uterine fibroids (noncancerous
growths in the uterus) in recent months. In addition to her physical health, there are continued concerns for her
mental well-being as her depression is now regarded as ‘extremely severe’. This is reflected at the end of the letter
to Herta Müller where Liu Xia writes “I have no right to speak, speak loudly. I live like a plant. I lie like a corpse.”
Please write immediately in Chinese, English or your own language urging the Chinese authorities to:


 End the illegal house arrest and surveillance of Liu Xia, stop her harassment and allow her to travel freely;
 Take effective measures to ensure that all human rights defenders and their families, including Liu Xia, can carry out their peaceful activities without fear of hindrance, intimidation, arbitrary detention or imprisonment, in line with the UN Declaration on Human Rights Defenders;
 Take effective measures to ensure the right to freedom of expression is upheld and in line with Chinese
constitutional guarantees and the International Covenant on Civil and Political Rights (ICCPR), which China has signed and repeatedly stated its intention to ratify.
 楼主| 发表于 1/16/2018 22:20:35 | 显示全部楼层


1. The Scope of the Draft Supervision Law

Article 1 in the General Provisions (Chapter I) states the objective of the Draft Law is “to
promote comprehensive governance in accordance with law, to bring about full national
supervision coverage, and to thoroughly carry out anti-corruption work.” The law places
significant powers in one body – the national level Supervision Commission – and its
subordinate commissions at lower levels of government - without specifying any oversight from
other government organs. These supervisory bodies have the duties of oversight, investigation
and disposition as detailed in Chapter IV of the Draft Law.


First, while Article 4 of the Draft Law states that the work shall “adhere to the Constitution and
the laws”, it makes no mention that this also includes China’s international legal obligations,
including to respect and protect internationally recognized human rights, such as the right to
fair trial and protection from arbitrary detention. Secondly, it appears to run into direct conflict
with provisions in the Constitution that set out the role of the procuratorate and the courts.
Specifically Article 37 of the Constitution which provides that:
- No citizen may be arrested except with the approval or by decision of a people’s
procuratorate or by decision of a people’s court, and arrests must be made by a public
security organ.
- Unlawful detention or deprivation or restriction of citizens’ freedom of the person by
other means is prohibited, and unlawful search of the person of citizens is prohibited.
At the time the current Draft Law was made available for consultation, state media reported
that the system of “retention and custody”, or Liuzhi, was to replace the largely informal
Shuanggui system that is used to investigate Communist Party members. However the new
detention system and supervisory investigations apply to a much larger group according to
Article 12 of the Draft Law and includes not only party officials but also personnel engaged on
public affairs, management of state-owned enterprises, management in public education,
scientific research, health care and other such units and “other personnel who perform public
duties in accordance with law”.


The Draft Law also creates a broad mandate to cover oversight of more than just corruption but
as detailed in Article 17 additionally includes “abuse of power, dereliction of duty and wasting
state assets.”


With almost complete control over initiation and supervision of investigation, ability to carry
out investigations, detain individuals, and collect evidence for potential criminal prosecutions
and authority over such a large group of personnel involved in public services, the new
Supervision system creates a new extra-judicial system with far reaching powers that has
significant potential to infringe human rights.


2. Arbitrary Detention

The protection against arbitrary detention is enshrined in Article 9 of the Universal Declaration
of Human Rights which states: “No one shall be subjected to arbitrary arrest, detention or
exile” and in Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR)
which provides: “Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention.”

The prohibition of arbitrary detention means that anyone detained or arrested by the authorities,
whether or not they are facing criminal charges, has the following specific rights:
 The right to be informed immediately or promptly of the reasons for arrest or detention;
 The right to be notified immediately or promptly of their right to legal counsel;
 The right to be informed promptly of any charges against them;
 The right to be held in a recognized place of detention;
 The right to have their family or friends promptly notified of the reasons for and location
of their detention;
 The right not to incriminate oneself, including the right to remain silent;
 The right to legal assistance/ representation of their own choice;
 The right to take proceedings before a court challenging the lawfulness of detention;
 The right to complain and recourse for complaints about ill-treatment or conditions;
 The right to compensation in case of unlawful detention.
These standards hold for every person arrested and detained. They apply whether or not the
person is formally charged for a criminal offence. They apply regardless of the nature of any
alleged offence or criminal charge.
In addition, as a further safeguard against abuses during detention, the authorities responsible
for detention should be separate from those in charge of questioning. Both the UN Working
Group on Arbitrary Detention and the Committee against Torture have stated that the detention



 楼主| 发表于 1/16/2018 22:51:55 | 显示全部楼层
Torture.  The prohibition against torture is a bedrock principle of international law. Torture, as well as cruel, inhuman or degrading treatment, is banned at all times, in all places, including in times of war. No national emergency, however dire, ever justifies its use. No one may ever be returned to a place where they would face torture.  Many countries and armed groups nonetheless have engaged in torture. Human Rights Watch documents the use of torture all over the world. We are committed to pressing government authorities to act to prevent torture, as well as bringing  those who engage in torture to justice. We also work to ensure that victims of torture obtain redress, including an enforceable right to fair and adequate compensation, and full rehabilitation.


Refugee rights.Human Rights Watch’s Refugee Rights Program defends the rights of refugees, asylum seekers, and displaced people worldwide. We respond to emergencies as well as chronic situations, focusing especially on documenting government efforts to block access to asylum, to deprive asylum seekers of rights to fair hearings of their refugee claims, and to the forcible return of people to places where their lives or freedom would be threatened. We conduct on-the-ground investigations to speak with uprooted people and document abuses against them. We take our findings directly to policy-makers and the media as we advocate for governments to improve access to asylum, to stop forced returns, and to ensure that all migrants are treated with dignity and regard for their basic human rights.

LGBT rights. People around the world face violence and inequality—and sometimes torture, even execution—because of who they love, how they look, or who they are. Sexual orientation and gender identity are integral aspects of our selves and should never lead to discrimination or abuse. Human Rights Watch works for lesbian, gay, bisexual, and transgender peoples' rights, and with activists representing a multiplicity of identities and issues. We document and expose abuses based on sexual orientation and gender identity worldwide, including torture, killing and executions, arrests under unjust laws, unequal treatment, censorship, medical abuses, discrimination in health and jobs and housing, domestic violence, abuses against children, and denial of family rights and recognition. We advocate for laws and policies that will protect everyone’s dignity. We work for a world where all people can enjoy their rights fully.


Women's rights. Despite great strides made by the international women’s rights movement over many years, women and girls around the world are still married as children or trafficked into forced labor and sex slavery. They are refused access to education and political participation, and some are trapped in conflicts where rape is perpetrated as a weapon of war. Around the world, deaths related to pregnancy and childbirth are needlessly high, and women are prevented from making deeply personal choices in their private lives. Human Rights Watch is working toward the realization of women’s empowerment and gender equality—protecting the rights and improving the lives of women and girls on the ground.


Free speech. Freedom of speech is a bellwether: how any society tolerates those with minority, disfavored, or even obnoxious views will often speak to its performance on human rights more generally.  In international law, access to information and free expression are two sides of the same coin, and both have found tremendous accelerators in the Internet and other forms of digital communication.  At the same time, efforts to control speech and information are also accelerating, by both governments and private actors in the form of censorship, restrictions on access, and violent acts directed against those whose views or queries are seen as somehow dangerous or wrong. From our earliest days, when we were called The Fund for Free Expression, we have fought all forms of repression of speech, in all media, around the globe.


International Justice. Human Rights Watch considers international justice—accountability for genocide, war crimes, and crimes against humanity—to be an essential element of building respect for human rights. The International Justice Program works to shape investigations, bring about arrest and cooperation, and advocate for effective justice mechanisms. We actively engage with the work of the International Criminal Court and other international tribunals as well as the efforts of national courts, including in Guinea, Côte d’Ivoire, Democratic Republic of Congo, and Bosnia, to bring perpetrators of the worst crimes to justice. Human Rights Watch also supports the efforts of national courts to use their domestic laws to try those charged with serious crimes in violation of international law, regardless of where the crimes occurred.
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