A/HRC/7/3/Add.1
page 43
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
sent home later that day. Approximately eight
hours later, Yuan Weijing, was dragged out of
police car and left in a barely conscious state on
the side of the road near her village. She was
taken to Mengyin County Menglianggu Hospital
where she was treated for extreme trauma
however she was accompanied by up to 20
policemen as an order of “residential surveillance”
had been issued while she was in detention. She
is also suspected of the offences of “gathering
crowds to disrupt traffic” and for “intentional
destruction of property”. Furthermore it is reported
that the local authorities have intimidated
witnesses and withheld evidence in order to
prejudice Chen Guangcheng’s retrial. Four other
key witnesses have been subject to police
harassment in relation to the most recent trial and
were subjected to torture in order to provide false
testimony against Mr. Chen Guangcheng in his
previous trial. According to reports, Mr. Chen
Gengjiang was detained on 26 November 2006
and held until after the hearing had taken place.
He was forced to sign papers in which he agreed
not to participate in the case. On the same day,
Mr. Chen Guangdong and Mr. Chen Guangyu
disappeared after they had agreed to testify on
behalf of the defence. Later the same evening,
Mr. Chen Guanghe was abducted by undercover
police officers as he was on his way to meet with
Mr. Li Fanping regarding the upcoming trial in
which he was scheduled to testify the following
day. He was formally arrested on 28 November
but his family was not informed of his arrest or his
original court because there had been insufficient
evidence to convict Chen Guangcheng for the
offence of gathering a mob to disrupt the flow of
traffic are unfounded. On 27 November 2006,
sitting at a reconstituted bench, the Yinan county
people’s court reopened the case in open
proceedings, Chen’s brother attended the court in
the public gallery, and Chen’s defence was
conducted by the lawyers Li Fangping from the
Beijing Ruifeng law firm and Li Jinsong from the
Beijing Yitong law firm. During the proceedings,
Chen’s rights in litigation were fully upheld: he
exercised his own rights to defence and the
lawyers appointed by him also made submissions
in his defence. On 1 December 2006 the court
ruled at first instance and made public its verdict:
for the offence of wilful damage to property, it
sentenced Chen to seven months’ fixed term
imprisonment and, for the offence of gathering a
mob to disrupt the flow of traffic, it sentenced him
to four years’ fixed term imprisonment, ruling that
he should serve a combined term of four years
and three months. After sentencing at first
instance, Chen refused to accept the court’s
verdict and once again lodged an appeal. The
Linyi city intermediate people’s court, after hearing
the case at second instance, ruled that Chen, as a
means of giving vent to personal grievances, had
caused and incited others to cause wilful damage
to property, the amount of which was
considerable, and that his conduct had infringed
public and private ownership rights and
constituted the offence of wilful damage to
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