International PEN Resolution on People's Republic of China

Approved by the Assembly of Delegates of International PEN at its 71 st International Congress in Bled, Slovenia, on June 19, 2005

Considering the inclusion of human rights protection in People's Republic of China's Constitution in March 2004 though China has not yet ratified its signature of the International Covenant on Civil and Political Rights in October 1998.

Considering the increasing suppression of the right to freedom of expression throughout the entirety of China, from its capital city of Beijing to the interior provinces of Sichuan and Hunan, the Special Administrative Regions of Hong Kong and Macao, Tibet , Xinjiang, and Inner Mongolia.

Alarmed by the relentless widespread crackdown of Chinese intellectuals, particularly the arbitrary arrests of Internet writers (cyber-dissidents) and over 60 writers currently imprisoned, thus making China one of the largest jailers of writers and journalists in the world.

Noting that China 's police have continuously used the infamous “Re-education Through Labour” (RTL) system to detain dissident writers up to 3 years without the due process guaranteed according to its own laws.

Further noting that China's police, prosecution and judiciary ha ve increasingly abused its Criminal Law by arbitrarily charging dissident writers with “subversion (or inciting subversion) of state power” to suppress freedom of expression as well as charging the outspoken journalists with “leaking state secret” to suppress the press freedom.

Opposing the escalation of state-ordered assaults on independent-minded media in China, in which editors are arrested, publications closed , books banned and news blackouts imposed on politically sensitive events.

Concerned by evidence of growing threats to the press freedom in Hong Kong and Macao , including the recent detention of journalist Ching Cheong.

Further concerned by the Chinese government's continued imposition of repressive measures in Tibet, Xinjiang and Inner Mongolia to crack down on any expressions of self-determination of people inhabiting these areas and to suppress the religious and cultural manifestation of their ethnic identities;

Worried about the growing Internet censorship throughout the country, in which tens of thousands of worldwide websites are blocked , popular Internet Chinese forums discussing sensitive issues closed, on-line journalists and writers harassed, and privately-owned Internet service providers (ISPs) put under police control with some of them even ordered to shut down;

Shocked by the fact that human rights lawyers have been warned to give up the cases of dissident writers with some of them disbarred (or threatened with disbarment) for their law practice, and specifically the case of lawyer and writer Thomas Guoting GUO, who has been a legal adviser of the Writers in Prison Committee of Independent Chinese PEN Centre ( ICPC) and who since February has been disbarred for his writings and legal practices as the defence attorney of several writers in prison or on trial, including MA Yalian, HUANG Jinqiu, SHI Tao and ZHANG Lin.

Outraged by the report s that the cyber-dissident Huang Jinqiu, sentenced to 12 years imprisonment last September, was repeatedly tortured to make him give up his appeal against the verdict of his sentence;

Extremely Concerned by the imprisonment of ICPC members, SHI Tao and LIU Shui ;

Urges the government to:

Release all arrested and imprisoned writers and journalists in China, including:

SHI Tao, LIU Shui, MA Yalian, HUANG Jinqiu, ZHANG Lin, ZHENG Yichun, ZHAO Yan, CHING Cheong, CAI Zhuohua, KONG Youping, J ANG Weiping, G AO Qinrong, XU Zerong, XU Wei, JIN Kaike, YANG Zili, ZHANG Honghai, LI Zhi, and HU Shigen.

Release all prisoners in Tibet , Xinjiang and Inner Mongolia who have been detained in violation of their right to freedom of expression.

Cease its efforts to censor cyberspace and to release immediately all writers jailed for peacefully expressing their opinions over the Internet.

Ratify its signature of the International Covenant on Civil and Political Rights.

Engage in a complete and meaningful reform of the Chinese legal system in accordance with international standards and its own Constitution to guarantee fair trials, the full rights of defence and appeal, the legal practices of attorneys, and a prison system that ensures the health and safety of inmates; particularly to cease the practice of abusing the charges of “subversion” against writers and of “leaking state secret” against journalists; and to abandon the infamous Re-education Through Labour (RTL) system .

Last updated: June 23, 2005