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 21 July 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government responded on 25 September 2023, which was recently translated and made publicly available.
Since sending the communication, Li Yuhan’s health has deteriorated further, with her difficulties walking leading her to rely on a wheelchair. Additionally, she has untreated cataracts and glaucoma.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arbitrary detention of human rights defender Li Yuhan
Ms. Li Yuhan is a lawyer and human rights defender. She is in her seventies. In her legal work, she has represented victims of human rights violations in China, including other human rights lawyers faced with criminal investigations and processes in alleged retaliation for their legal and human rights activities. Her detention was declared arbitrary by the UN Working Group on Arbitrary Detention in October 2018 (opinion no. 62/2018).
ALLEGATIONS
On 9 October 2017, Ms. Yuhan was arrested and placed under criminal detention in Shenyang City, Liaoning Province. At the time of her detention, the charges she faced were unknown, however, it was later revealed that she was accused of “picking quarrels and provoking trouble”, a charge carrying a maximum five-year sentence under article 293 of the Criminal Code, and “fraud”.
Following her arrest, no notice was provided by the authorities to Ms. Yuhan’s family. During her first month of detention, Ms. Yuhan was held incommunicado and denied access to lawyers appointed by her family. In November 2017, when her lawyers were able to visit her for the first time, she was suffering from ill-treatment. This included the denial of warm water for washing, forcing her to shower with cold water, the denial of adequate food and drinking water, and restrictions on her access to medicines needed for several health problems she suffers from, including cardiovascular and gastric issues. This ill-treatment has reportedly continued over the course of Ms. Yuhan detention, resulting in a significant deterioration in her state of health, including in her liver function, eyesight and hearing. She has reportedly suffered three heart attacks since her arrest.
In February 2018, Ms. Yuhan launched a hunger strike in protest at her detention and the delays in providing her with medicine necessary to address her health issues.
Ms. Yuhan’s trial was initially scheduled for 9 April 2019, however, it was cancelled three days prior to the date and subsequently delayed on several occasions, before finally being held two and a half years later, in October 2021. Human rights defenders and lawyers seeking to observe the trial were blocked from entering the courthouse by police.
Despite over twenty months having passed since the conclusion of the trial, no verdict has been issued in Ms. Yuhan’s case, frustrating her right to appeal and seek remedy for her arbitrary detention. She is currently detained at Shenyang City Detention Centre. Despite the human rights defender’s advanced age and serious health issues, numerous applications by her lawyers seeking her bail on medical grounds have been denied.
CONCERNS
In the communication, we express our grave concern as to the arrest and ongoing arbitrary detention of Ms. Yuhan. Our concerns in this regard are aggravated by the apparent violations of due process guarantees in Ms. Yuhan’s case, including the denial of her access to lawyers of her own choosing; the failure to promptly inform her of the charges she faced; and the failure of the State to guarantee Ms. Yuhan a trial within a reasonable time. Our concerns as to the extremely extensive delays in her case are compounded the reported ill-treatment to which Ms. Yuhan has been subjected while detained, raising serious concerns as to her state of health.
