On 6 November 2009, human rights defender Mr Lin Dagang was sentenced to two years in prison for illegally possessing state secrets. A closed trial in a local court in Zhejiang Province brought the charges in relation to a document issued by the Ministry of Housing and Urban-Rural Development. However, the document had reportedly been previously published on the internet.

Further Information

Lin Dagang is a 70-year old petitioner and an organiser of “Nationwide Property Owners of State-maintained Rental Houses”, a nationwide group which seeks the return of ancestral housing confiscated by the Chinese authorities.

Lin Dagang's wife, Mrs Wang Yuyan, together with their son, reported that the trial was held in the Jiaojiang District People's Court in Taizhou and lasted approximately two hours. They were not allowed to attend the trial, but waited outside with other petitioners and were able to hear Lin Dagang defend himself through a video link. One of Lin Dagang's lawyers stated that the judge announced the ruling and sentence orally, and that the court will issue a written judgment within five days.

Lin Dagang was arrested on 11 June 2009, when he was accused of illegally possessing the “Notice Regarding the Appropriate Handling of 'State-maintained Rental Houses'”, a Directive published in 2006 by the Ministry of Housing and Urban-Rural Development, formerly the Ministry of Construction. The directive gives directions to the relevant local and provincial government bureaus to keep these houses as state properties. In addition they were instructed to “intensify” monitoring of petitioners, in particular those who form groups, so that they can be “controlled”. The directive also states that prior to any reporting or interviews related to the "state-maintained rental houses" permission must be sought from the Ministry of Construction and the Party's Central Propaganda Department.

Lin Dagang is an organiser with the Nationwide Property Owners of State-maintained Rental Houses which seeks the return of housing confiscated by the state in 1956 as part of what it called the “socialist transformation” of China. The authorities took over the homes and began renting them out. Despite the fact that initially they gave the original owners 20-40% of the rent as compensation, this ceased in 1966, the same year that the Cultural Revolution began. Since the late 1970s, the original owners of the homes have sought the return of their property but face resistance from the authorities.

Front Line believes that the conviction and sentencing of Lin Dagang is directly related to his work in the defence of human rights, in particular property rights. Front Line is concerned for the physical and psychological integrity of Lin Dagang.

Front Line urges the Chinese authorities to:

1. Immediately overturn the sentence against Lin Dagang and release him, as it is believed that he has been charged and sentenced solely on account of his legitimate and peaceful work in the defence of human rights;

2. Ensure the treatment of Lin Dagang, 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”;

3. Take all necessary measures to guarantee the physical and psychological integrity and security of Lin Dagang;

4. Ensure 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.