A/HRC/4/21/Add.1
page 22
China
Urgent appeal sent on 16 December 2004 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression and the Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health
75.
The Special Rapporteurs were informed that Zhang Rongliang, an underground church
leader, was detained by police on 1 December 2004 in Xuzhai village. It was alleged that he was
at risk of being tortured. Moreover, since he was diabetic, concern was expressed that he would
not have access to the medication or treatment he needed. It was reported that his wife and child
were in hiding. According to witnesses, police searched every household in the above mentioned
village and confiscated DVDs about Christianity, other materials and photos revealing Zhang’s
connections with foreigners. Reports indicated that Zhang Rongliang was the leader of the China
for Christ Church and of the Protestant Fangcheng Mother Church. He was the co-author of
House Churches of China - Confession of Faith and Declaration. Zhang Rongliang had already
been imprisoned five times for his beliefs, for a total of 12 years, during which time he was
allegedly tortured.
Response from the Government dated 12 May 2005
76.
The Government informs that Zhang Rongliang is a male aged 52, from Fangcheng
County, Henan Province. In the beginning of 2003, he inveigled people’s police officers at the
Zhengzhou Xinmi public security bureau Chengguan (outlying areas) police station, in Henan
Province, into forging residence and identity documents for himself and family members (10
people in all), and used the forged identity documents at the Xinmi public security bureau in
2004 to apply for and obtain passports. The public security authorities found out in time and
annulled the residence documents and passports. Zhang’s conduct was a contravention of article
319 of the Criminal Code and he was suspected of using or possessing fraudulent travel
documents. On 1 December 2004, acting under article 61 of the Code of Criminal Procedure, the
Henan Province public security authorities took Zhang into criminal custody. Investigations into
the case are in progress.
77.
The Government highlights that China’s Constitution and laws clearly stipulate that
citizens have the right to freedom of religion and belief. Article 36 of the Constitution stipulates
that “citizens of the People’s Republic of China have freedom of religion and belief”. But the
article goes on by saying that “no one shall make use of religion to disturb public order, damage
citizens’ health or obstruct the operation of the national education system.” The Universal
Declaration of Human Rights, while acknowledging the various rights that people have, also
clearly states that, in exercising their rights and liberties, people are subject to the limits laid
down by law. The present case is one of a breach of the criminal law, and the action taken by the
Chinese law-enforcement authorities against Zhang Rongliang was entirely based on his criminal
conduct and unrelated to issues of religion or belief.
78.
The Government informs that accusations made in the communication are groundless.
The Chinese law-enforcement authorities acted strictly in accordance with the Criminal Code,
the Code of Criminal Procedure, etc.; the question of arbitrary detention does not arise. China