International PEN Writers In Prison Committee

RAPID ACTION NETWORK
28 September 2004
RAN 43/04

CHINA: Serious concerns about the detention of journalist Zhao Yan; fears of ill-treatment.

The Writers in Prison Committee of International PEN is seriously concerned about the detention of journalist Zhao Yan, news assistant at the Beijing bureau of the New York Times and former reporter for China Reform magazine, who was arrested on 17 September 2004. Zhao was charged on 21 September 2004 with ”providing state secrets to foreigners” for an article published in the New York Times on 7 September 2004 revealing Jiang Zemin’s retirement from the position of Chairman of the Central Military Commission and the transfer of leadership to President Hu Jintao. The article preceded the official announcement about Jiang’s retirement, which was made on 19 September 2004. Zhao Yan is thought to be under investigation as the source of the leak, and is said to be held incommunicado.

The following background is provided by the Committee to Protect Journalists (CPJ): Zhao was detained in Shanghai on 17 September. Zhao's lawyer Mo Shaoping has been unable to contact him, according to international news reports, and authorities have not responded to inquiries by the "New York Times" about the reason for his arrest.

On 21 September, Zhao's family received a notice from the Beijing State Security Bureau accusing Zhao of "providing state secrets to foreigners," according to international news reports. Mo said these allegations could lead to a charge of treason, a crime punishable by execution.

The arrest followed an article in the "New York Times" revealing Jiang Zemin's plan to retire from the position of chairman of the Central Military Commission. The 7 September article preceded the official announcement of the final transfer of leadership to President Hu on 19 September and cited
unnamed sources with ties to leadership.

Zhao's associates have speculated that the journalist is under investigation as the source of the leak. But "New York Times" foreign editor Susan Chira said that Zhao, who worked as a researcher for the newspaper and not as a reporter, was not the source of this information.

Zhao began working at the "New York Times" in May after he was forced out of his job as a reporter for "China Reform" magazine. Police harassed Zhao on multiple occasions in 2004 after he reported aggressively for the Beijing-based magazine on government abuse of peasants across China. In
June, police raided Zhao's family home. According to the New York-based organization Human Rights in China, the raid startled Zhao's elderly father and precipitated a decline in his health; he died a few days later. Zhao has also worked as a political activist.

International PEN fears that Zhao Yan may be at risk of ill-treatment in detention, and seeks immediate assurances that he is being treated humanely and given access to any necessary medical care as well as family visits and legal representation. PEN calls for Zhao Yan’s immediate and unconditional
release if he is held solely for the legitimate practice of his profession, in accordance with Article 19 of the United Nations Universal Declaration of Human Rights.

Please send appeals:

- expressing serious concern about the detention of journalist Zhao Yan;
- seeking assurances that he is not ill-treated in detention, and is given access to medical care, legal representation and his family;
- calling for his immeidate and unconditional release if held in violation of Article 19 of the United Nations Universal Declaration of Human Rights.

Appeals to:

His Excellency Hu Jintao
President of the People’s Republic of China
State Council
Beijing 100032
P.R.China.
His Excellency Zhang Fusen
Minister of Justice
10 Chaoyangmen Nandajie Chaoyang-qu
Beijing-shi 100020
P.R.China.

Please note that fax numbers are no longer available for the Chinese authorities, so you may wish to ask the diplomatic representative for China in your country to forward your appeals.

Please copy appeals to the diplomatic representative for China in your country if possible.

For further information, please contact Cathy McCann at International PEN WiPC, 9/10 Charterhouse Buildings, Goswell Road, London EC1M 7AT, U.K. Tel: +44 (0)207 253 3226, fax: +44 (0)207 253 5711, email: cmccann@wipcpen.org