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AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

Date: 11 July 2001
Case Numbers:ch0103_gao; ch0105_sha
Victims:Li Shaomin; Gao Zhan
Country:China
Subject:Trial set for detained scholar Li Shaomin
Issues:Academic and scientific freedom; Freedom from arbitrary arrest and detention; Freedom of opinion and expression
Type of alert: Update
Related alerts: 27 March 2001; 27 July 2001 2 April 2001 

View the digitally signed version of this alert.

FACTS OF THE CASE:

According to a Chinese government spokesperson, detained academic Dr. Li Shaomin will go on trial July 14, 2001. Dr. Li, a professor of marketing who teaches at the City University of Hong Kong, was detained on 25 February 2001, after he crossed the border into mainland China. Dr. Li has been accused on spying for Taiwan, charges his family strongly denies. They believe that he may be targeted for his support of democratic reforms in China. The trial dates for the other detained scholars, including Dr. Gao Zhan, have not been announced.

The date for the trial is one day after the International Olympic Committee (IOC) announces its decision on the host city for the 2008 Olympic Games. Beijing is one of the candidates to host the games. Human rights groups monitoring the cases of the detained scholars had hoped that the Chinese government would deal with these cases in advance of the IOC decision in an effort to combat the negative publicity surrounding its human rights record.

An American consular official will attend Dr. Li's trial. Dr. Li is a naturalized U.S. citizen who received his Ph.D. in sociology from Princeton University in 1988.

Dr. Gao Zhan was arrested on 11 February 2001, as she and her family were about to board a plane back to the U.S. after a family vacation in China. Dr. Gao is a faculty fellow at the American University in Washington, DC. Her husband and son are both U.S. citizens. Six senators introduced a bill in Congress that would confer U.S. citizenship on Dr. Gao while she is held in detention in China. Dr. Gao is currently a permanent resident of the United States.

(Sources of information for this case include Human Rights Watch and the Washington Post.)

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:

  • Expressing continued concern that no evidence has been produced to support the charges of espionage against Dr. Li Shaomin and Dr. Gao Zhan and that it appears that both have been arrested solely for exercising their right to freedom of expression;
  • Calling for the immediate and unconditional release of Dr. Li Shaomin and Dr. Gao Zhan; and
  • If Dr. Shaomin and Dr. Gao are not released and the judicial process moves forward, calling on the Chinese government to ensure that the proceedings are consistent with international standards of fairness, that Dr. Gao Zhan's trial date is set quickly and that both she and Dr. Shaomin receive a fair and public hearing by a competent, independent and impartial tribunal established by law.

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
    Salutation: Your Excellency

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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