AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

FACTS OF THE CASE:

On 9 August 2004, prominent HIV/AIDS activist Li Dan was released from detention. However, immediately after his release, Li was attacked by two unknown assailants. According to reports, both men beat him for 15 minutes before police intervened. All three men were taken into custody. Li Dan made a statement to the authorities about the attack and reported that the men told him that he “should know why they were beating him.” The other two men were released without being questioned. Li believes that the attack was intended to intimidate him to prevent his involvement in HIV/AIDS activism in the Henan Province.

Li set up a school for children whose parents are HIV-positive or had died of AIDS. The school was reportedly closed in early July when Li left China to attend the 15th Annual AIDS Conference in Thailand. He is one of several outspoken activists who are protesting the government’s HIV/AIDS policy. China is dealing with a massive HIV infection rate, with international health officials estimating that China will have over 10 million AIDS patients by 2010 if the government does not enact measures to combat the infection. However, the government originally sought to cover up information about the extent of the infection rate, preventing the implementation of effective anti-HIV policies and programs. Authorities restricted the international media’s access to hospitals and treatment centers and harassed doctors who reported infection statistics. The Chinese government has since enacted some good health policies including, the provision of antiretroviral drugs to the poor and free HIV tests. However, the implementation of these measures has not been consistent and discrimination against those with HIV remains high.

The government has also been arresting and harassing HIV/AIDS activists and HIV-positive individuals seeking medical treatment. In the past two years, the government has reportedly detained several people with HIV/AIDS and beat activists. The government is violating HIV/AIDS activists' right to freedom of expression, which is protected under international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which China signed on 5 October 1998, signifying the nation’s intention to comply with its provisions and to work for its ratification. In addition, China has obligations to ensure the conditions for the full realization of its citizens’ right to health under the International Covenant on Economic, Social and Cultural Rights.

(Sources of information for this case include: Amnesty International, Human Rights Watch, and UNAIDS.)

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.

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.

The Human Rights Defenders Declaration

• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].

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:

Please send faxes, letters, or emails:

• Welcoming the release of HIV/AIDS activist Li Dan, but expressing concern with reports that he was beaten up and suffered injury;
• Calling for an immediate end to arbitrary detentions and physical violence used against HIV/AIDS protesters in China and requesting that the government respect their rights to freedom of expression and access to medical care; and
• Requesting that the government launch a thorough investigation into the beating of Li Dan and to hold those responsible accountable.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Zhang Fusen Buzhang
Minister of Justice of the People's Republic of China
Sifabu
10 Chaoyangmen Nandajie, Chaoyangqu
Beijingshi 100020
People's Republic of China
Fax: 011 86 10 65 292345
Salutation: Your Excellency:

COPIES SENT TO:

Ambassador Yang Jiechi
Ambassador of the People's Republic of China
Embassy of the People's Republic of China
2300 Connecticut Ave. NW
Washington DC 20008
Fax: 1 202 328 2582
chinaembassy_us@fmprc.gov.cn
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.

Main | CSFR Letters | Science and Human Rights Program