Posted 2009/8/5

China: Arbitrary detention of human rights defenders Mr Xu Zhiyong and Ms Zhuang Lu

Xu Zhiyong

Human rights defenders, Mr Xu Zhiyong and Ms Zhuang Lu, were detained by police officers in separate incidents at their homes in Beijing on 29 July 2009. Their whereabouts remain unknown and their relatives and colleagues have not received any communication from them since their detention.

Further Information

Xu Zhiyong is the director of the recently-banned legal aid center, Gongmeng (also known as the Open Constitution Initiative), a professor at Beijing Post and Telecommunications University and an elected representative to the National People’s Congress for Haidian District, Beijing.

Zhuang Lu is a staff member of Gongmeng. Gongmeng had been actively involved in investigating cases such as the 2008 Sanlu milk scandal. Gongmeng's affiliates, mostly Beijing lawyers, have played important roles in the campaign to urge open and direct elections for the leadership of the Beijing Lawyers Association, an effort that has cost many of them their lawyers’ licenses.

On 29 July 2009, at approximately 5:00 am, Xu Zhiyong was taken from his home in a suburb of Beijing by seven policemen. Around the same time, Zhuang Lu, was also taken from her home by the police.

It is believed that both Xu Zhiyong and Zhuang Lu remain in police detention. It is unclear which police division carried out the early morning detentions. The following morning the State Administration of Taxation held a hearing about its decision to fine Gongmeng 1.42 million RMB for “tax evasion”.

Xu Zhiyong did not appear at the hearing. Although the proceedings were supposed to be open to the public, approximately thirty activists and supporters were barred from attending. Only Peng Jian and Li Xiongbing, two lawyers advising Xu Zhiyong and Gongmeng, were allowed to be present.

On July 14 2009, Gongmeng received notifications from both the State Administration of Taxation and the local Bureau of Taxation in Beijing that they were being fined for “tax evasion”. Three days later, the Beijing Municipal Bureau of Civil Affairs declared the organisation “illegal”, raided its office and formally banned it.

On July 21, the landlords of the office space formerly rented by Gongmeng and Xu Zhiyong’s private home separately called the human rights lawyer and urged him to move as soon as possible. It is alleged that government officials are behind this further pressure on Xu Zhiyong.

In a separate incident, on 29 July 2009, at approximately 10:00 a.m., authorities arrived unannounced to collect evidence and investigate supposed illegal activities at the office of Beijing’s Yirenping Center, an organisation which focuses on the rights of hepatitis patients and other health-related discrimination issues.

The officials claimed that Yirenping was involved in unauthorised “publishing activities” and then proceeded to inspect the office, photograph its publications and confiscate a hundred copies of its publications, Anti-Discrimination Communications. Yirenping’s lawyers later discovered that one of the “inspectors” did not have a valid official ID authorizing such an inspection.

Both Gongmeng and Yirenping are organisations registered with the State Administration of Industry and Commerce (SAIC). Many civil society organisations have chosen to register with the SAIC due to the difficulties for those without official connections to register as non-profit organisations with the Ministry of Civil Affairs (MCA). However, if they have not registered with the MCA, they are officially “illegal” organisations, and face varying degrees of harassment from the authorities.

In addition to the ‘inspection’ of Yirenping’s office and the raid and closure of Gongmeng, fifty lawyers have had their licences revoked in the week 23-30 July 2009.

Front Line is deeply concerned that these acts, in addition to the arbitrary detention of Xu Zhiyong and Zhuang Lu, form part of a crack-down on human rights defenders in China.

Front Line is seriously concerned for the physical and psychological integrity of Xu Zhiyong and Zhuang Lu.

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