27 June 2003
House Resolution Condemns Chinese Detention of Yang Jianli
(H.R. 199 approved in 412-0 roll call vote June 25) (1040)
The House of Representatives approved a resolution June 25 cautioning
the Chinese government that it risks damaging U.S.-China relations by
continuing to imprison Yang Jianli and other resident aliens and U.S.
citizens, and by violating the human rights of those detained.
Representatives approved House Resolution 199 (H. Res. 199) in a 412-0
roll call vote, thus directing the U.S. government to tell Beijing of
their deep concern regarding "the continued imprisonment of Dr. Yang
Jianli and other United States citizens and permanent resident aliens
whose human rights are being violated, and to discuss their legal
status and immediate humanitarian needs with the Government of the
People's Republic of China."
Representative Barney Frank (Democrat of Massachusetts) introduced H.
Res. 199 April 11, nearly a year after the Chinese government detained
Yang Jianli.
The resolution had 52 co-sponsors from across the political spectrum.
Yang Jianli, a pro-democracy advocate, is an alien lawfully admitted
for permanent residency in the United States.
According to H. Res. 199, Yang Jianli has been detained by the Chinese
government since April 26, 2002, when he was arrested for reportedly
entering China with false or incomplete identity documents.
The resolution states that he has been deprived "of his basic human
rights by being denied access to legal counsel and contact with his
wife and two children (who are United States citizens), and has also
been denied his right to trial within a reasonable time or to
release."
H. Res. 199 also "strongly urges" Beijing to "consider the
implications for the broader relationship between the United States
and the People's Republic of China of detaining permanent resident
aliens of the United States without providing them access to legal
counsel or family members."
Following is the text of H. Res. 199 from the Congressional Record:
(begin text)
Whereas according to the United States Department of State's 2002
Country Reports on Human Rights Practices in China, the Government of
the People's Republic of China has `continued... (Engrossed as Agreed
to or Passed by House)
HRES 199 EH
H. Res. 199
In the House of Representatives, U.S.,
June 25, 2003.
Whereas according to the United States Department of State's 2002
Country Reports on Human Rights Practices in China, the Government of
the People's Republic of China has `continued to commit numerous and
serious [human rights] abuses', including `instances of . . .
arbitrary arrest and detention, lengthy incommunicado detention, and
denial of due process';
Whereas according to the 2002 Country Reports on Human Rights
Practices in China, `the country's criminal procedures were not in
compliance with international standards', `the lack of due process in
the judicial system remained a serious problem', and `authorities
routinely violated legal protections in the cases of political
dissidents';
Whereas Dr. Yang Jianli, an internationally renowned scholar,
prodemocracy activist, and President of the Foundation for China in
the 21st Century, is an alien lawfully admitted for permanent
residence into the United States;
Whereas Dr. Yang Jianli has been detained incommunicado by the
Government of the People's Republic of China since April 26, 2002,
when he was arrested for reportedly entering China with false or
incomplete identity documents;
Whereas according to the United Nations Commission on Human Rights
Resolution 1997/38, `prolonged incommunicado detention may . . .
itself constitute a form of cruel, inhuman, or degrading treatment',
which is prohibited by international law;
Whereas Dr. Yang Jianli has been deprived of his basic human rights by
being denied access to legal counsel and contact with his wife and two
children (who are United States citizens), and has also been denied
his right to trial within a reasonable time or to release;
Whereas on May 7, 2003, the United Nations Working Group on Arbitrary
Detention expressed the opinion that `[t]he non-observance of Mr. Yang
Jianli's right to a fair trial is of such gravity as to give his
deprivation of liberty an arbitrary character. Therefore, his arrest
and detention is arbitrary being in contravention of Article 9 of the
Universal Declaration on Human Rights and of Article 9 of the
International Covenant on Civil and Political Rights'; and
Whereas the arbitrary imprisonment and the violation of the human
rights of United States citizens and permanent resident aliens by the
Government of the People's Republic of China are sources of
continuing, grave concern to the House of Representatives: Now,
therefore, be it
Resolved, That--
(1) the House of Representatives--
(A) condemns and deplores the incommunicado detention of Dr. Yang
Jianli, and calls for his immediate and unconditional release;
(B) condemns and deplores the lack of due process afforded to Dr.
Yang;
(C) strongly urges the Government of the People's Republic of China to
respond to the repeated requests by Members of the House of
Representatives for information about Dr. Yang's whereabouts and
condition; and
(D) strongly urges the Government of the People's Republic of China to
consider the implications for the broader relationship between the
United States and the People's Republic of China of detaining
permanent resident aliens of the United States without providing them
access to legal counsel or family members; and
(2) it is the sense of the House of Representatives that the United
States--
(A) should make the immediate release of Dr. Yang Jianli by the
Government of the People's Republic of China a top concern of United
States foreign policy;
(B) should continue to make every effort to assist Dr. Yang Jianli and
his family while discussions of his release are ongoing;
(C) should make it clear to the Government of the People's Republic of
China that the detention of United States citizens and permanent
resident aliens and the infliction of human rights violations on these
groups are not in the interest of the Government of the People's
Republic of China because they create obstacles to improved bilateral
relations and cooperation with the United States; and
(D) should reiterate the deep concern of the United States regarding
the continued imprisonment of Dr. Yang Jianli and other United States
citizens and permanent resident aliens whose human rights are being
violated, and discuss their legal status and immediate humanitarian
needs with the Government of the People's Republic of China.
(end text)
(Distributed by the Bureau of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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