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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