China: Formal arrest and detention of human rights defender Huang Qi

Your Excellency,

I am deeply concerned following reports of the formal arrest and detention of human rights defender Huang Qi. Huang Qi is a human rights defender, based in Chengdu City in Sichuan province and founder of the Tianwang Human Rights Centre, who had been advocating on behalf of parents whose children were killed when their schools collapsed following the earthquake of 12 May 2008. Huang Qi previously spent five years in prison on charges of ''inciting subversion of state power," in connection with articles posted on his website www.64tianwang.com, and was released from jail in 2005.

On 18 July 2008, Huang Qi was formally arrested on charges of 'illegal possession of state secrets'. Huang Qi had been initially arrested on 10 June 2008 by police and detained at Chengdu City Detention Centre. The arrest was allegedly in connection with articles posted on the 64tianwang website concerning allegations of structural problems in the buildings which collapsed in the earthquake in May. The formal arrest was reportedly only made known after Huang Qi's family made enquiries as to why the human rights defender had not been released after 37 days, the maximum period in which detention without charge is permitted by law. Huang Qi's lawyers were reportedly not informed by police of his formal arrest and to date, he has not had access to any legal representation.

I believe that Huang Qi has been detained and arrested as a result of his legitimate and non-violent work in defence of human rights, in particular his exercise of the right to freedom of expression. In view of reports of his detention, I express its concern for the physical and psychological security of Huang Qi.

I call on the authorities in China to:

1. Immediately and unconditionally release Huang Qi, as I believe that he is being held solely as a result of his legitimate and peaceful work in the defence of human rights; 2. Carry out an immediate, thorough and impartial investigation into the detention of Huang Qi with a view to publishing the results and bringing those responsible to justice in accordance with international standards; 3. Ensure that Huang Qi has immediate access to legal representation and that his treatment, while in detention, adheres to all those conditions set out in the ‘Basic Principles for Treatment of Prisoners, adopted by General Assembly resolution 45/111 of 14 December 1990’; 4. Take all necessary measures to guarantee the physical and psychological security and integrity of Huang Qi; 5. 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 8 (2): “Everyone has the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms“, 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,