A/HRC/7/3/Add.1 page 42 Para 33. Country People's Republic of China Date 21/12/06 Type JUA Mandate FRDX; HRD; IJL; TOR; VAW Allegations transmitted Government response Chen Guangcheng (subject of previously transmitted communications, E/CN.4/2006/6/Add.1, para. 24, and A/HRC/4/33/Add.1, paras. 34, 38), his wife, Ms. Yuan Weijing, his lawyers Li Jinsong and Li Fangping, a member of his defence team, Teng Biao, and witnesses to his trial, Chen Gengjiang, Chen Guangdong, Chen Guangyu and Chen Guanghe. Notwithstanding the previous replies of the Government, there are consistent reports that a number of individuals involved in his trial have been targeted by the security forces including his wife, his lawyers, a member of his defence team and witnesses to his trial. On 27 November 2006, Chen Guangcheng’s retrial before the Yinan County People’s Court lasted approximately 10 hours. It is reported that on 1 December 2006, he was sentenced to four years and three months’ imprisonment for “gathering crowds to disrupt traffic” and “intentional destruction of property”. According to reports, Chen Guangcheng’s wife, Yuan Weijing, has been under de facto house arrest from 12 August 2005 until 25 November 2006. Since then, she had been continuously followed by local security personnel and persons in civilian clothes believed to have been hired by the police. On 28 November 2006, around midday, she was arrested by members of the Yinan County Public Security Bureau and detained for questioning. Their one-year-old child was also taken but was tiempo y en el espacio, sin referir molestias y con un estado de salud estable. By letter dated 14/02/07, the Government informed that on 10 June 2006, Chen was arrested, in accordance with the law, by the Yinan county public security bureau in Shandong province on suspicion of the offences of wilful age to property and assembling a mob to disrupt the flow of traffic and, on 21 June, he was taken into custody with the approval of the procuratorial authorities. On 19 August 2006, the Yinan county people’s court, meeting at first instance, found Chen guilty of the offence of causing wilful damage to property and sentenced him to seven months’ fixed term imprisonment; it also found him guilty of the offence of gathering a mob to disrupt the flow of traffic and sentenced him to serve four years’ fixed term imprisonment; the court decided that he should serve a combined sentence of four years and three months’ fixed term imprisonment. Following his sentencing at first instance, Chen refused to accept the court’s verdict and lodged an appeal. The Linyi city people’s high court in Shandong province, meeting at second instance, found that the court of first instance had restricted Chen’s right to defence (the assigned defence counsel had not been accepted by Chen), a factor which might have adversely influenced the fairness of the proceedings, and, on 31 October 2006, it quashed the original judgement and sent the case back to the court of first instance for retrial. The allegations in the letter that we have received that the case was sent back to the

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