AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 20 July 2004, Dr. Jiang Yanyong, a 72-year old retired medical doctor in Beijing, was released from prison after spending almost seven weeks in arbitrary detention. Dr. Jiang and his wife were arrested in June after he sent a letter to Chinese officials urging them to take responsibility for their crackdown on the 1989 demonstrations in Tiananmen Square. His wife was released two weeks later, while Dr. Jiang remained in prison without being formally charge or a trial.

Dr. Jiang is a well respected medical doctor in China. He became nationally recognized last year when he exposed the government's cover up of the SARS epidemic.

International human rights organizations protested Dr. Jiang's arrest as it appeared that he was being persecuted for exercising his freedom of expression. Freedom of expression is protected under international customary law in the Universal Declaration of Human Rights, which was adopted without dissent by the General Assembly of the United Nations in 1948. The right is also guaranteed under the International Covenant on Civil and Political Rights, to which China is a signatory. Signing an international treaty signifies a nation's intention to comply with its provisions and to work for its ratification. International pressure about Dr. Jiang’s case on Chinese authorities appears to have contributed to his release.

(Source of information for this case is Amnesty International.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.
• Article 13: An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

RECOMMENDED ACTION:

No action is necessary at this time. Many thanks to those who sent letters of appeal.

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.

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