AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 11 February 2001, Chinese police arrested and detained a U.S.-based scholar, Gao Zhan, her husband, Xue Donghua, and their five-year old son, at the Beijing airport. Dr. Gao and her family were about to board a plane after a three-week visit to China to celebrate the Chinese New Year with their family. Dr. Gao is a sociologist and was working as a faculty fellow at American University in Washington, DC.

According to Mr. Xue, about fifteen Chinese police officers surrounded the couple and he was separated from his wife and child. The Chinese police seized their passports. Mr. Xue was then blindfolded, put into a car, and driven to an unknown location. During his time in custody, he was interrogated about his wife's research, specifically focusing on her research on Taiwan-China relations. Mr. Xue repeatedly asked to know the whereabouts of his wife and son. Chinese authorities did not tell him where his wife was being detained, and he remains unsure of where she is being held. Authorities refused his requests to have his son stay with him in detention, or be allowed to stay with a family member. Authorities stated that the five-year-old was in a local kindergarten. Both Mr. Xue and Dr. Gao are permanent U.S. residents, and had began the process of applying for U.S. citizenship; their son is a U.S. citizen. Mr. Xue was released after 26 days in detention. Chinese authorities drove him to a school to pick up his son. Both were then taken to the airport to return to the U.S. According to Mr. Xue, Chinese authorities warned him not to tell anyone about what had happened to his family or his wife's life would be in danger.

Dr. Gao is reportedly being held for investigation under Chinese national security provisions. The Chinese Foreign Ministry stated that she "was involved in activities damaging state security, and relevant authorities are investigating her according to China's criminal code." On 22 March 2001, a Chinese spokesman told reporters that Dr. Gao "has openly confessed her crimes." In reports today, Chinese officials stated, "Evidence has shown that Gao Zhan accepted missions from overseas intelligence agencies and took funds for spying activities in mainland China." No further details to support these charges have been made available.

When asked about the news reports that his wife had confessed to crimes, Mr. Xue said he was relieved to know that his wife was still alive. He does not believe that his wife committed any crime, and said that her work in China was purely academic. He believes that she may have been forced into confessing to a crime that she did not commit. At a press conference at American University, he reminded the audience that she is most likely unaware that her husband and son are no longer in custody, and that she may have been coerced into signing a confession thinking, that it might ensure their safety.

Dr. Gao is a faculty fellow in the School of International Service at American University. In her unpaid position, she conducts research and participates in the academic life of the university. Her research focuses on women's issues and economic reforms in China. She has written several articles about students who return to China after completing their degrees at foreign universities. She earned an M.A. in Sociology and a Ph.D. in Social Science from Syracuse University. She also holds an M.A. in Comparative Literature from Nanjing University and a B.A. in Chinese Language and Literature from Nanjing Normal University in China.

AU President Benjamin Ladner stated, "As an institution of higher learning, we are concerned if a scholar is being detained for any reason that might be related to legitimate inquiry or research."

(Sources of information for this case include: American University Press Conference 3/22/01, Washington Post, National Public Radio)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 10: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
• Article 14(1): All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him [or her], or of his [or her] rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails: Visit the AAASHRAN homepage at http://shr.aaas.org/aaashran for sample letters of appeal.

• Requesting that the charges against Dr. Gao Zhan be promptly clarified, and if there is no legal basis for her arrest, that she be immediately and unconditionally released;
• Calling on the authorities to grant Dr. Gao Zhan immediate access to her family and to legal representation:
• Requesting that her safety be assured during her detention; and
• Noting that all reports appear to confirm that Dr. Gao Zhan is a legitimate scholar conducting scientific and legitimate research.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Zhu Rongji
Premier of the People's Republic of China
Guowuyuan
9 Xihuangchenggenbeijie
Beijingshi 100032
People's Republic of China
Fax: 011 8610 6 520 5316 or 011 8610 6 467 7046

COPIES SENT TO:

His Excellency Yang Jiechi
Ambassador of the People's Republic of China
Embassy of the People's Republic of China
2300 Connecticut Avenue, NW
Washington, DC 20008
Fax: 202 588-0032

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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