Chine: disparition de la défenseuse des droits humains Zeng Jinyan

Your Excellency,

I am deeply concerned following reports of the disappearance of human rights defender Zeng Jinyan on 7 August 2008. Zeng Jinyan is married to jailed human rights defender Hu Jia, cofounder of the Beijing Aizhixing Institute for Health Education, a non-governmental organisation which promotes public awareness and education on the issue of HIV/ AIDS. Hu Jia was sentenced to 3 ½ years in prison in April 2008.

All attempts to contact Zeng Jinyan have failed since 7 August 2008. Her mobile telephone is reportedly out of service. Zeng Jinyan and her baby daughter have been under strict police surveillance since Hu Jia's arrest. They have reportedly been prevented from leaving their home and newspaper reporters have been refused access to her apartment in Beijing.

Hu Jia was detained on 27 December 2007 after giving his public testimony to the European Parliament in which he gave details of human rights violations being committed in China. He was officially arrested on 30 January 2008 and charged with “incitement to subvert state power”. He is currently being held in Beijing's Municipal Detention Centre.

I believe that Zeng Jinyan has disappeared as a result of her legitimate and non-violent work in defence of human rights, and that this disappearance constitutes an attempt to silence all human rights defenders during the Olympic Games that are currently under way in Beijing. In view of reports of her disappearance, I express my concern for the physical and psychological security of Zeng Jinyan.

I call on the authorities in China to:

1. Carry out an immediate, thorough and impartial investigation into the disappearance of Zeng Jinyan with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

2. Take all necessary measures to guarantee the physical and psychological security and integrity of Zeng Jinyan;

3. Guarantee in all circumstances that human rights defenders in China are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 1: “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels“, and to 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 present declaration.”

Yours sincerely,