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 2 November 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
At the time of publication, no verdict has been announced by the court.
This is a shorter version of the original communication.
BACKGROUND
Topic: the trial of human rights defenders Huang Xueqin and Wang Jianbing on the charges of “inciting subversion of state power” at the Guangzhou Intermediate People’s Court.
Ms. Huang Xueqin is a woman human rights defender and journalist who played an instrumental role in launching the #MeToo movement in China in 2018 by supporting survivors of sexual assault to tell their stories publicly. This included by conducting a survey of hundreds of female journalists on their experience of workplace sexual harassment and publishing the findings in a report in March 2018. She also assisted female university students who had been subjected to sexual harassment to lodge a complaint against the university professor involved, which ignited a national debate on the lack of effective mechanisms for addressing sexual harassment on university campuses.
Mr. Wang Jianbing is a labour rights and disability rights defender. After graduating from university in 2005, he began to work in the non-profit sector promoting youth education and rural development. In 2014, he joined an NGO in Guangzhou and implemented projects to promote youth development and empowerment of people living with disabilities. In 2018, he began to advocate for the rights of workers with occupational diseases, such as pneumoconiosis, through legal and community support. He is also a strong supporter of China’s #MeToo movement.
ALLEGATIONS
On 19 September 2021, Ms. Huang Xueqin and Mr. Wang Jianbing were taken into custody by Guangzhou public security officers on suspicion of “inciting subversion of state power.” The police also reportedly searched both human rights defenders’ residences and confiscated their personal belongings.
Following the arrest and detention of Ms. Huang and Mr. Wang, police interrogated over 40 of their friends and acquaintances. They were questioned about gatherings they attended at Mr. Wang’s residence. Police reportedly demanded them to confirm the identity of those who attended such gatherings, to testify that the discussions at these gathering were of a political nature, and to sign pre-written testimonies accusing Ms. Huang and Mr. Wang of attending political assemblies that “subvert State power”. Many of the human rights defenders’ acquaintances also reportedly had their electronic devices searched and data copied by the police.
In the weeks following the human rights defenders’ arrest, neither of their families received any legal notice confirming their arrests, the charges against them, nor where they were being held. Between late October and early November 2021, Ms. Huang and Mr. Wang’s families received formal arrest notices for the human rights defenders. These notices were dated 27 October 2021 and cited that the human rights defenders were arrested on suspicion of “inciting subversion of state power” and were being held in Guangzhou No. 1 Detention Centre.
On two occasions, in October and November 2021, the Guangzhou Municipal Public Security Bureau reportedly rejected Mr. Wang’s lawyer’s request to meet with his client and to have him released on bail. On 1 April 2022, over six months after his initial arrest and detention, Mr. Wang was permitted to see his lawyer via video conference. During this period, he was reportedly held in solitary confinement and his mental and physical health deteriorated.
In April 2022, Ms. Huang’s family appointed a lawyer to represent the woman human rights defender. Soon after, however, this lawyer was presented with a letter of dismissal reportedly signed by Ms. Huang and dated 14 April 2022. Ms. Huang was then assigned a court-appointed lawyer.
On 22 September 2023, Ms. Huang and Mr. Wang went on trial at the Guangzhou Intermediate People’s Court on the charge of “inciting subversion of state power.” Security surrounding the courthouse was very tight, with police vehicles patrolling the area. Security personnel in plain clothes were also allegedly present and intimidated and dispersed onlookers.
Seven foreign diplomats attempted to enter the courthouse to observe the trial, but security guards blocked them from entering. After defence lawyers pressed the judge for permission, Mr. Wang’s father was permitted to enter the courthouse. Ms. Huang’s father and older brother were also permitted to enter the courthouse.
The trial ended on the same day and no verdict was announced. The court is expected to pick another date to announce it. No details emerged about what took place during the trial. The human rights defenders’ defence lawyers and relatives present in the courthouse appeared to have been pressured not to disclose the details of the trial or make any statements about the trial.
If convicted, the human rights defenders could face up to 15 years in prison.
CONCERNS
In the communication, we express serious concern for the physical and psychological integrity of Ms. Huang Xueqin and Mr. Wang Jianbing, as well as the alleged lack of adherence to due process guarantees in the trial of the human rights defenders. Trial observers, and particularly international trial observers, are essential to ensuring the right to a fair and public trial in accordance with international standards.
Furthermore, States must ensure that lawyers are able to perform all their professional functions without intimidation or improper interference and that all persons are entitled to access a lawyer of their choice to defend them in all stages of criminal proceedings.
