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 28 February 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 29 April 2025, which is currently being translated and will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topics: the ongoing imprisonment of human rights defenders Ding Jiaxi, Huang Qi, Huang Yunmin, Ilham Tohti, Qin Yongmin, Zhang Haitao and Zhao Haitong, serving prison sentences of ten years or longer, and the conditions of their detention, as well as the enforced disappearance of human rights defender Gao Zhisheng, whose fate and whereabouts are unknown since 2017.
This letter is a follow up to communication AL CHN 4/2021 sent on the situation of human rights defenders Ding Jiaxi, Gao Zhisheng, Huang Qi, Huang Yunmin, Ilham Tohti, Qin Yongmin, Zhang Haitao and Zhao Haitong; and to communication AL CHN 15/2024 concerning Ilham Tohti and AL CHN 5/2023 concerning Ding Jiaxi.
ALLEGATIONS
Cases of human rights defenders serving prison sentences of ten years to life in connection with the defense of human rights and/or exercise of public freedoms
The case of Mr. Ding Jiaxi
Mr. Ding Jiaxi was sentenced to 12 years in prison by the Linshu County Court in Linyi City, Shandong on 12 April 2023, having been found guilty of “subversion of State power” under article 105(2) of the Criminal Law of the People’s Republic of China.
This sentence was the subject of AL CHN 5/2023, which also asked whether the full text of the verdict and evidence substantiating the burden of the proof in his trial was made available to his family and for information on his access to appropriate and adequate medical care while in detention as well as to be allowed to send and receive correspondence. No such information was provided.
AL CHN 4/2021 requested details of any investigation, medical examinations and judicial or other inquiries related to allegations of torture and/or cruel, inhuman or degrading treatment against Mr. Ding Jiaxi. At the time of sending the present communication, this has not been provided.
The case of Mr. Gao Zhisheng
In its reply to AL CHN 4/2021, the Chinese Government repeats that Mr. Gao Zhisheng was released in August 2014, having served a sentence of three years imprisonment, five years’ probation and one year’s deprivation of political rights. The reply states that ‘it is understood that the public security authorities have not taken any criminal coercive measures against him’. However, since 2017, the fate and whereabouts of Mr. Gao Zhisheng remain unknown, and his family have reportedly been unable to make contact with him.
The case of Mr. Huang Qi
Mr. Huang Qi is detained in Bazhong Prison, Bazhong City, Sichuan Province, where he is serving a 12-year sentence on charges of ‘intentionally leaking State secrets’ and “illegally providing state secrets to foreign entities”. In CHN 4/2021 we expressed concerns over Mr. Huang Qi’s medical condition and sought information on his access to adequate medical care. We further requested details of any investigation, medical examinations and judicial or other inquiries related to allegations of torture and/or cruel, inhuman or degrading treatment against Mr. Huang Qi. This information was not provided in the Chinese Government response dated 26 June 2021.
It has been alleged that since the previous communication on Mr. Huang Qi was sent, he has been prevented from receiving family visits, in contravention of section 4, article 48 of the Chinese Prison Law of 1994. Furthermore, Mr. Huang Qi’s mother, who is 90, reportedly remains under surveillance.
The case of Mr. Huang Yunmin
In September 2017, Mr. Huang Yunmin was sentenced to ten years in prison on charges of “organising, leading and actively participating in a terrorist organization” in relation to online content he published in 2009 on the situation of human rights in Xinjiang Uyghur Autonomous Region.
It is unclear whether Mr. Huang Yunmin’s family or legal representatives have been successful in visiting him in prison.
The case of Mr. Ilham Tohti
Ilham Tohti is serving a life sentence in Xinjiang Autonomous Region Prison No.1. In AL CHN 4/2021 we expressed serious concerns related to the reported torture and ill-treatment of Ilham Tohti while in prison, and we requested that the Chinese Government provide an update on his health condition, his access to adequate healthcare and access to family visits and communication. This information was not provided.
Ilham Tohti has not been permitted to receive any family visits/contact since 2017, in contravention of section 4, article 48 of the Chinese Prison Law of 1994. His health condition remains unknown, as does his access to healthcare.
The case of Mr. Qin Yongmin
Mr. Qin Yongmin was sentenced to 13 years in prison on 10 July 2018 for “subversion of State power” and is serving his sentence in Guanghua Prison, Qianjiang City, Hubei Province. AL CHN 4/2021 raised allegations that Qin Yongmin had not been permitted to meet with his lawyer and requested information on his access to adequate medical treatment. This information was not provided.
The case of Mr. Zhang Haitao
Mr. Zhang Haitao is serving a 19-year sentence, handed down in January 2016 for “inciting subversion of State power” and “providing intelligence overseas”. The charges allegedly stem from his advocacy in relation to the treatment of the Uyghur population in Xinjiang Uyghur Autonomous Region.
AL CHN 4/2021 requested details of any investigation, medical examinations and judicial or other inquiries related to allegations of torture and/or cruel, inhuman or degrading treatment against Mr. Zhang Haitao. No such information was provided.
According to the information received, Mr. Zhang Haitao’s family members have experienced challenges in visiting him in prison.
The case of Mr. Zhao Haitong
In May 2014, Mr. Zhao Haitong was sentenced to 14 years in prison on charges of “inciting subversion of State power” under article 105.2 of the Chinese Criminal Code and is serving his sentence in Wusu Prison in Xinjiang Uyghur Autonomous Region. In communication AL CHN 4/2021, we raised concerns about an alleged deterioration in the health of Mr. Zhao Haitong during his incarceration, about which we did not receive any further information in the Chinese Government’s reply of 26 June 2021.
CONCERNS
In the communication, we reiterate our grave concern relating to multiple allegations of torture and/or mistreatment, denial of prison visits, denial of access to information by family members and lack of information on the health and wellbeing of the imprisoned individuals. We also express our concern regarding the enforced disappearance of Mr. Gao Zhisheng, whose fate and whereabouts remain unknown since 2017. We express our regret that the specific information requested in the previous communications on the above-mentioned human rights defenders was not provided in the replies sent by the Chinese Government.
We reiterate that any form of incommunicado detention which places the detainee out of contact with the outside world can constitute an enforced disappearance insofar as State agents or other persons acting with their support or acquiescence, fail or refuse to acknowledge the deprivation of liberty or conceal the fate or whereabouts of the person deprived of liberty. State authorities are obliged to promptly provide accurate information on the detention of persons deprived of liberty and on their place or places of detention, including transfers, to their family members, to their counsel or to any other persons having a legitimate interest.
Concerns about the lengthy imprisonment of Uyghurs were also mentioned in the 2022 OHCHR report[1].
[1] OHCHR Assessment of human rights concerns in the Xinjiang Uyghur Autonomous Region, People’s Republic of China, 31 August 2022. Paras 58 to 68.
