A/HRC/7/3/Add.1
page 44
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
whereabouts until 3 December 2006. Previously,
it is alleged that Mr. Chen Guanghe was detained
and tortured before the first trial by members of
the Yinan police in order to procure a false
confession and to testify against Mr. Chen
Guangcheng. He was convicted on the basis of
the false confession but granted a suspended
sentence. It is feared that his recent detention
may be related to the fact that that he has
submitted written testimony stating that his prior
evidence had been coerced through torture.
Members of Chen Guangcheng’s defence team
have also been harassed, including his lawyers
Mr. Li Jinsong, Mr. Li Fangping and Dr. Teng
Biao. The two lawyers were apparently prevented
from interviewing witnesses and obtaining further
evidence for the retrial. On 27 November 2006,
as the trial was taking place, Dr Teng Biao was
detained for five hours during which he was
pushed to the ground by six or seven policemen
who held him down while they searched him.
They also apparently searched his bags and
computer and confiscated his mobile phone.
property; it found further that Chen, with the aim of
influencing and exerting pressure on the
Government, had assembled a mob in order to
block the flow of traffic, that the circumstances of
his offence had been particularly serious, that he
had been responsible for organizing the process
of assembling a mob to block traffic, that he had
directed the operation and had served as the
ringleader and that his conduct had therefore
constituted the offence of assembling a mob for
the purpose of disrupting traffic. As the original
court judgement had been based on clear facts,
the conviction had been correct, the sentence had
been commensurate with the offence and the trial
proceedings had followed due process, the court
dismissed the appeal and ruled that the original
judgement should stand. This ruling was
published on 12 January 2007. During the
proceedings at second instance, the court also
heard the views of Chen’s defence counsel and, in
accordance with the applicable evidence, found
that the facts set out in the accusation by the
procuratorial authorities and the charges brought
against the defendant were sound and accordingly
handed down the judgement referred to above. In
their conduct of the proceedings against Chen, the
public security authorities fully upheld his rights in
litigation and those of his family members, acted
in strict compliance with the law and applied the
law in a civilized manner. The proceedings in this
case were all conducted in accordance with the
law, the facts underlying the court’s judgement
were clear, the evidence was ample and
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