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 17 January 2002, the Shenzhen Intermediate Court sentenced historian Xu Zerong to a thirteen-year prison term. Dr. Xu, an associate research professor at the Provincial Academy of Social Sciences and an affiliated professor at Zhongshan University, was sentenced to three years in prison on charges related to an allegedly illegal publication of books and periodicals. The remaining ten years of his prison sentence is for charges of "leaking state secrets" by circulating allegedly classified documents on Chinese military operations in the Korean War. He is appealing the sentence.

Chinese authorities first detained Dr. Xu in June 2000. Little is known about his conditions of confinement. Authorities have not allowed him to see his family at any time during his lengthy detention. His case gained greater attention internationally in early 2001 when China detained several other academics, including Drs. Gao Zhan and Li Shaomin. (More information about these cases can be found online at http://shr.aaas.org/aaashran/country.php?c_id=30)

Dr. Xu received his Ph.D. in 1999 from St. Anthony's College, Oxford University. His dissertation was on Chinese military intervention in the Korean War. Originally from Guangzhou, South China, Dr Xu became a permanent resident of Hong Kong in 1985. While in Hong Kong, he helped to set up the Chinese-language academic journal Chinese Social Sciences Quarterly. He also worked as a researcher for the official Xinhua News Agency.

The sentencing of Dr. Xu Zerong appears to be related to the exercise of his internationally protected rights of freedom of expression and association, guaranteed in the Universal Declaration of Human Rights (adopted without dissent by the General Assembly of the United Nations on 10 December 1848) and the International Covenant on Civil Political Rights (ICCPR). China signed the ICCPR treaty on 5 October 1998. Signing a treaty signifies a nation's intention to comply with its provisions and to work for its ratification. In addition, the action violates a provision protecting academic freedom in the International Covenant on Economic, Social and Cultural Rights, to which China is a State party.

(Sources of information for this case include: Human Rights Watch, the Writers in Prison Committee of International PEN, Human Rights in China, Digital Freedom Network, Network of Concerned Historians, American Association of University Professors, the Washington Post, CBS News, and Asianweek.com.)

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 9(3): Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
• 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.
• Article 15 (3): The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.
• Article 15 (4): The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

Universal Declaration of Human Rights

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

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing serious concern about the sentencing of Dr. Xu Zerong, which appears to be in violation of international human rights standards;
• Calling on the authorities unconditionally release Dr. Xu; and
• Requesting that the government grant Dr. Xu immediate access to his family as they have not been allowed to see him since his detention.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Jiang Zemin
President of the People's Republic of China
Zhong Naihai, Beijingshi 100032
People's Republic of China
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
Salutation: Dear Mr. Ambassador:

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. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are 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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