The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of China on 11 June 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 7 August 2024, which was recently translated and made available.
Since the communication was sent, Xu Qin has appealed her conviction, which is currently being heard in the second instance before the Higher People’s Court of Jiangsu Province.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged arbitrary and prolonged incommunicado detention, conviction and sentencing of woman human rights defender Xu Qin.
Ms. Xu Qin is a woman human rights defender and a leading member of the organizations China Human Rights Observer and China Rose, which work to promote respect for human rights and reform of the legal and political system in China. In recent years, she campaigned for the rights of human rights lawyers who have been arbitrarily detained and had their licenses revoked, with many of the petitioners who were part of the group allegedly having been detained or forcibly disappeared since 2015. She was also formerly secretary general and the main spokesperson for the group Human Rights Watch in China (HRWIC). Reportedly, Ms. Xu Qin was forcibly disappeared in January 2016, believed to be in relation to her work with HRWIC. She was released “on bail awaiting further investigation” four weeks after being disappeared.
ALLEGATIONS
On 31 January 2018, Ms. Xu Qin attempted to attend the disbarment hearing of a well-known human rights lawyer but was prevented from entering the courthouse by police.
On 9 February 2018, Ms. Xu Qin was allegedly arbitrarily detained by police at her home in Gaoyou City in Jiangsu, and the following day was placed under criminal detention on the charge of “picking quarrels and provoking trouble”. These charges and her allegedly arbitrary detention were reportedly in connection with her human rights advocacy on the disbarment and detention cases of prominent human rights lawyers. The arrest warrant that Ms. Xu Qin’s son eventually obtained was reportedly dated 9 February 2018. However, he was not granted access to it for more than 10 days after his mother was initially detained.
On 14 March 2018, the lawyer appointed by Ms. Xu Qin’s family attempted to visit her in the Yangzhou City Detention Centre but was informed by the authorities there that she had been placed in the RSDL on 11 March 2018.
On 22 March 2018, the detention centre authorities cancelled a planned meeting between Ms. Xu Qin and her lawyer, allegedly because her charges had been changed to “inciting subversion of State power” under the more serious category of “endangering State security”, which carries a maximum potential sentence of 10 years and also provides for denial of access to legal counsel.
On 2 September 2018, Ms. Xu Qin was released on bail pending trial. From March to September 2018, before being released on bail, Xu Qin was prevented from meeting with her lawyer, on account of the change in the charges against her.
On 5 November 2021, Ms. Xu Qin was allegedly arbitrarily detained by authorities at her home, reportedly on the charge of “inciting subversion of State power”. The allegedly arbitrary arrest was reportedly a revocation of the bail she had been granted in 2018 on the same charges. Ms. Xu Qin had recently undergone bypass surgery and was suffering from the after-effects of a stroke and high blood pressure.
On 27 July 2022, Ms. Xu Qin’s lawyer visited her in detention, and found out that she had been in a wheelchair for the previous month, due to her ill-health. After her paralysis and ill-health became public, the detention centre denied Ms. Xu Qin’s lawyer’s permission to visit her and reportedly threatened her family and lawyer against revealing details of her detention and condition, and that they would be detained if they did so.
On 20 September 2022, Ms. Xu Qin’s lawyer was permitted to visit her in detention. On this occasion, she informed him that her health had improved somewhat and that in August the detention centre had arranged a medical check-up and medicines for her.
On 7 November 2022, Ms. Xu Qin’s trial began before the Yangzhou Municipal Intermediate People’s Court in Jiangsu Province. During the trial, Ms. Xu Qin reportedly stated that the evidence she had given had been obtained through torture and requested that the Prosecution recuse itself on this basis. She also reportedly stated that she had been subjected to sleep deprivation by deliberate noisemaking, getting just four hours of sleep a night as a result. Ms. Xu Qin also reportedly informed the Court that her sleeping area was so small that she could not turn over. The presiding Judge reportedly denied her request for the Prosecution’s recusal, and Ms. Xu Qin reportedly did not speak for the remainder of the trial.
On 29 May 2023, a lawyer visited Ms. Xu Qin in detention and learned that she had contracted COVID-19 and was coughing up blood, but the detention centre was only providing her with basic medication. Her lawyer requested a CT scan be done, in order to inspect Ms. Xu Qin’s lungs and receive a diagnosis which was granted.
In August 2023, Ms. Xu Qin’s lawyer was permitted to meet with her, during which she informed him that she continued to suffer from high blood pressure, issues related to her kidneys and a lack of sleep. Ms. Xu Qin’s trial was postponed for a 10th time, with the purported reason given by the presiding Judge that the adjournment was needed due to the importance of the case. Ms. Xu Qin’s lawyer emphasised her poor health condition to the Judge, who reportedly instructed the detention centre to monitor her health.
On 29 March 2024, Ms. Xu Qin was convicted of “inciting subversion of State power” under article 105(2) of the Criminal Law of China by the Yangzhou Municipal Intermediate People’s Court in Jiangsu Province. She was sentenced to four years imprisonment and two years of “deprivation of political rights” upon completion of her sentence. Ms. Xu Qin’s trial was reportedly adjourned 12 times between November 2022 and March 2024. During the trial, Ms. Xu Qin reportedly looked very weak, and needed to be held up by two people to walk or stand.
Ms. Xu Qin has appealed her conviction. She reportedly cannot receive visits or communication from her lawyer or family, which has caused concern regarding the condition of her health.
CONCERNS
In the communication, we express our concern regarding the allegedly arbitrary and prolonged incommunicado detention, conviction and sentencing of Ms. Xu Qin, which would appear to be in connection with her legitimate and peaceful human rights activities, specifically her activities defending the rights of human rights lawyers. Notably, during the overall period of her detention, Ms. Xu Qin was also subjected to enforced disappearance every time authorities denied her deprivation of liberty or failed to disclose information on her fate and whereabouts to her lawyer or relatives. In order to constitute an enforced disappearance, the deprivation of liberty of a person must be followed by a refusal to acknowledge such deprivation of liberty or by concealment of the fate or whereabouts of the person, which place such a person outside the protection of the law, regardless of the duration of the said deprivation of liberty or concealment.
We also wish to express serious concern regarding the reported infliction of torture and or other ill-treatment against Ms. Xu Qin in detention, and the use of evidence obtained under those circumstances during her trial, with the trial itself also giving cause for concern, given it was adjourned 12 times, ostensibly due to the case’s “importance”. We wish to raise concern regarding the response of the presiding Judge to Ms. Xu Qin’s testimony that she had been subjected to torture and or ill-treatment, to proceed with the trial without ordering for an immediate investigation to be conducted in response to this information. Regarding the information that Ms. Xu Qin was placed under RSDL, we wish to reiterate our concern and recall that Special Procedures mandate holders have repeatedly written to the Chinese Government expressing concern in relation to the use of this practice in contravention of China’s human rights obligations. We also wish to express concern in relation to the reported health condition of Ms. Xu Qin since she was reportedly arbitrarily detained, and apparent lack of access to adequate health care while in detention, seemingly contributing to her deteriorating condition.
