PART I Procedure and Prosecution: Flying in the Face of "Rule of Law" *

PART II Typical Cases *

The suppression of Falun Gong in China has resulted in large numbers of citizens imprisoned only for the "offense" of practicing personal beliefs not specifically approved by the Chinese Government leaders. According to the Hong Kong-based Information Center of Human Rights and Democratic Movement in China, since July 20, 1999, more than 5,000 Falun Gong practitioners have been sent to labor camps and more than 300 have received prison sentences of up to 18 years. Their "crimes:" refusing to renounce their beliefs in, and persisting in registering appeals on behalf of, Falun Gong.

Recently, the Chinese Government claimed that it "settles the Falun Gong issue according to laws, and by doing so it is protecting the basic human rights and the freedoms of citizens and safeguarding China’s Constitution and laws." However, the current Falun Gong situation offers ample evidence pointing to an opposite conclusion: the national legal system and the public security apparatus, under the tight control of the ruling Communist Party, are serving interests other than those of millions of common citizens.

In the suppression, people’s constitutional rights have been routinely and flagrantly violated. On July 22, 1999, the Ministry of Public Security of China issued a public notice "prohibiting all activities in support of Falun Gong." This law-enforcement guideline not only illegally deprives Falun Gong practitioners of their constitutional rights of freedom of association, speech, assembly, and personal belief, but also abrogates the practitioners’ basic rights to conduct those activities in private.

The Ministry of Public Security "prohibits anyone from hanging up... signs in any place that publicize Falun Dafa;" decrees that "No one is allowed to distribute books and other publications, ... in any place publicizing Falun Dafa;" and "Prohibits anyone from rallying people to ‘practice Falun Gong in groups,’ ... or to carry out any other activities to propagate Falun Gong."

Also in its notice, anticipating a public outcry against the unconstitutional policy, the Ministry of Public Security deprived Falun Gong practitioners of their constitutional right to appeal to higher authorities for redress when being mistreated or wronged.

"The ministry prohibits activities that support or publicize Falun Dafa ... or by appealing to higher authorities for help."

By making Falun Gong illegal based on fabrications, and simultaneously prohibiting any attempt to appeal on its behalf, the Chinese Government makes a strong statement on how it safeguards human rights for its citizens. In this instance, at least, it appears that its policy is designed to reinforce the authority of its leaders, not the rights of its citizens.

In order to find a legal pretext for moving against Falun Gong, the Chinese Government created a new law, the "Legislative Resolution on Banning Heretic Cults." This "cult law" was rushed through the Chinese legislature on October 30, 1999, five days after Chinese President Jiang Zemin had already been quoted by a French newspaper as labeling Falun Gong a cult, and three months after the government launched its crack-down on Falun Gong. Counter to standard legal processes, this hastily passed "cult law" has been applied retroactively in trials against practitioners arrested in July of 1999. This is how China is governed "according to the law." Above and beyond serving injustice in the legal sense, these events affront basic human conscience.

Armed with this ambiguous, retroactive, and sweeping "cult law," the Chinese Government still finds itself in a difficult position to prosecute the innocent Falun Gong practitioners, because no compelling evidence can be found in support of the government’s accusations against them. Many trials against practitioners have been carried out in secret or in semi-secret fashion.

Yu Changxin, a Chinese Air Force general, has been sentenced to 17 years in prison for his participation in Falun Gong. "Yu, 74, a professor at the China Air Force Command Institute, was tried secretly by a Beijing military tribunal on January 6, 2000. ‘Yu Changxin is an important military official with high authority who has performed outstanding service to the Air Force. Many retired military leaders expressed dissatisfaction to (Chinese President) Jiang Zemin sentencing this 74-year old to 17 years,’ a Hong Kong-based human rights organization said."

The Court of Xigang District of Dalian City sentenced Gao Qiuju, a 59-year-old former president of a foreign trade company and key contact person for Falun Gong in Dalian City, to 9 years in prison. She was sentenced on February 1, 2000, but her family did not receive the notice of the sentence until February 10, 2000.

Even the widely anticipated major "show trial" of the four key contact persons, Li Chang, Wang Zhiwen, Ji Liewu, and Yao Jie, was conducted in the space of a few hours, and in a semi-secret fashion which disallowed the presence of foreign journalists and Falun Gong practitioners. On December 26, 1999, many practitioners were arrested because they attempted to attend that trial.

Chinese laws and legal procedural regulations stipulate certain legal rights for the accused, including the right to representation. However, in the public campaign against Falun Gong, these rights have frequently been breached. According to an Agence France Presse news report dated August 24, 1999, "Chinese Government has ordered the Chinese lawyers not to plead for Falun Gong practitioners. This order comes from the notices of Bureau of Justice to attorney offices in major cities. The notice also asks every attorney office to report immediately detailed information about every Falun Gong related applicant or inquirer and all answers have to match the one from the central government."

In one typical case, two independent trial lawyers were not allowed to plead innocent on behalf of a Falun Gong practitioner named Li Jianhui. It happened in Shenzhen, Guangdong Province in January of 2000.

The Chinese Government has been using labor camps, or "education through labor," as their primary tool to coerce the Falun Gong practitioners into giving up their spiritual practice. The Chinese authorities can sentence people to labor camps without public hearing and the accused cannot retain lawyers to defend themselves. Thus, the extensive use of labor camps and other forms of forced labor in Falun Gong cases further deprive practitioners of basic legal rights.

We provide several cases detailing how Falun Gong practitioners have been sent to labor camps and have lost their personal freedoms when they refused to renounce their personal beliefs. In less than six months, 5,000 Falun Gong practitioners have been sent to labor camps, making them the largest contemporary group of prisoners of conscience as the world begins a new millennium.
 
 

2.1 Lawyers Can Not Plead Innocence For Falun Gong Practitioners

Case 1 Regulations from the Bureau of Justice

Based on a Reuters news report (August 24, 1999), the Chinese government has ordered the Chinese lawyers not to plead for Falun Gong practitioners. This order comes from the notices of Bureau of Justice to attorney offices in major cities. The notice also asks every attorney office to report immediately detailed information about every Falun Gong related applicant or inquirer and all answers have to match the ones given by the central government.

The following is the notice from the Judicial Bureau of Beijing City.

"To all Law Firms and District and County Judicial Departments:

All consultations and retainers in regards to Falun Gong issues must be reported promptly. Particular requirements are:

1) In no circumstances a lawyer can accept a retainer by any client involving Falun Gong issues. The case should be reported to the Regulation Section (Phone: 63408078) and it can be decided only after reporting.

2) In any event that consultations are requested by a client involving Falun Gong issues, all attorney offices explanations must conform to the law and be strictly in accordance with the tone of the Central Government.

3) All recent consultations and retainers on Falun Gong issues must be documented and faxed immediately to the Regulation Section on or before Aug. 2, 1999. (Fax: 63408034)"

Case 2 Defense Lawyer Dismissed for Pleading Innocence

Recently the trial of a Falun Gong practitioner Li, Jianhui in Shenzhen city was postponed, because the lawyer wanted to plead not guilty for the defendant. Based on the news from Associate Press (January 26, 2000),

"A leader of the banned Falun Gong spiritual group went on trial Monday after the court prevented him from denying charges of cult activity, a human rights group said.

Li Jianhui’s trial in Futian District Court in the southern city of Shenzhen ended after 2 hours, but no verdict was announced, the Hong Kong-based Information Center of Human Rights and Democratic Movement in China said. ...

Li, head of a Falun Gong training center, was arrested in September and charged with "using a cult to under-mine the law," the Information Center said.

Court authorities dismissed his first defense lawyer, who wanted to enter an innocent plea, the center said. It said that because Falun Gong has been officially labeled a cult, a new court-appointed defense lawyer was told he could only argue for leniency."
 
 
 
 

2.2 Falun Gong Practitioners Tried and Sentenced to up to 18 Years Imprisonment for "Using an Evil Sect to Sabotage the Implementation of the Law"

Case 1

Victim: Gao Qiuju (female, 59), manager of a trading company

Location of incident: Dalian City, Liaoning Province

Description:

AFP reported on February 11, 2000 that Gao Qiuju, 59, had been sentenced to 9 years in prison. Gao had been a main contact person for Falun Gong in the city of Dalian since 1994.

Case 2

Message received on February 8, 2000

Victims: Liang Yening (female), Duan Rongxin

Location of incident: Shijiazhuang City, Hebei Province

Description:

On February 1, 2000, Liang Yening and Duan Rongxin were sentenced to jail for 6 and 8 years, respectively.

Case 3

Message received on February 8, 2000

Victims: Wang Xiaosong, Li Yan, Li Zhijie, Luo Minpu, Liu Tao, Chen Minyong, Jiang Yunhong, and some other Falun Gong practitioners

Location of incident: Chengdu City, Sichuan Province

Description:

Before the Chinese New Year, some practitioners in Chengdu were sentenced. Xiaosong Wang was given a sentence of 7 years in jail. Li Yan, Li Zhijie, and some other practitioners were sent to labor camps without trial.

Luo Minpu and Liu Tao, graduate students of Sichuan Universtiy, and Chen Minyong, graduate student of Sichuan Industrial College, were transferred to Linxia Street Jail of Chengdu City, awaiting severe sentences. They are detained together with murderers, drug dealers, and other criminals. Jiang Yunhong was also transferred to the city jail.

Case 4

Victims:

1. Li Chang (male, 59), leading official of the Computer Bureau of the National Police, the Public Security Ministry;

2. Wang Zhiwen (male, 50), an engineer in a Railways Ministry materials company;

3. Ji Liewu (male, 36), manager of a Hong Kong subsidiary of a Chinese nonferrous metals company

4. Yao Jie (female, 40), chairperson of the Communist Party committee of a large Beijing real estate company.

Location of incident: Beijing’s No.1 Intermediate People’s Court, Beijing

Description:

On December 26, 1999, Chinese government put the four major contact people of Falun Gong on trial in the First Intermediate Court located at the Shijingshan District of Beijing. At 10:00 o’clock, the police blocked the roads within 1 km of the court. The police checked identification cards of all passersby. Once a Falun Gong practitioner was identified, he or she would be immediately arrested. At noon, a large number of police officers appeared outside the First Intermediate Court of Beijing. Many plainclothes agents appeared at the nearby crossroads, subways, and bus stations and searched for Falun Gong practitioners. Many practitioners were arrested and taken to the Shijingshan Stadium. Some practitioners were even taken from their homes to the local police stations. Without an open trial, the First Intermediate Court of Beijing gave jail sentences on that day to Li Chang for 18 years, Wang Zhiwen for 16 years, Ji Liewu for 12 years, and Yao Jie for 7 years.

Case 5

Victim: Yu Changxin (male, 74), professor, a flight instructor at the China Air Force Command Institute

Location of incident: Beijing

Description:

January 13, 2000. According to reliable sources, Falun Gong practitioner, Professor Yu Changxin of the China Air Force Command Institute was secretly given a sentence of 17 years in prison on last Thursday by the Air Military Court under the accusation of "supporting Falun Gong". Many retired generals in air force are very unhappy about the unfair sentence.

74-year-old Yu Changxin started to practice Falun Gong in 1992. His family members said that the Court accused him of helping expand Falun Gong organization and help the founder of Falun Gong to publish his writings. He has already appealed to the Advanced Military Court of People’s Liberation Army.

It was reported that Yu Changxin was an outstanding test pilot in 1970s. His research has tremendously reduced the occurrence of air accidents.
 
 
 
 

2.3 Practitioners Are Not Allowed to Audit an Open Trial

Case 1 "Auditing" or "Detention"?

The following is based on news sent from China and reported on the overseas Falun Gong Internet web site http://www.minghui.ca.

The trial of four major Falun Gong contact persons (Li Chang, Wang Zhiwen, Ji Liewu and Yao Jie) raised many people’s concern. The tickets for auditing the trial were sold out long before the announcement, which is a phenomenon that has never been seen before, according to an attorney in Beijing.

On the afternoon of December 2, the defenders for the trial of four Falun Gong contact persons were informed that the trial scheduled on December 3 was postponed. On the other side, days before December 2, some policemen told some practitioners that there would be a trial the next day and asked them whether they would like to audit. On the night of December 2, many practitioners were taken to the police station and not allowed to go out. On December 3, 1999, many practitioners went to the Beijing First Intermediate People’s Court. Some journalists might have also gone there. All the practitioners who went there were arrested.

On December 2, seven practitioners from Beijing got the same story from the policemen and were offered a ride. On the next day, the police indeed came to pick them up. But the seven practitioners were sent to police station instead of the court. They were detained afterwards.

Case 2 Open Trial?

The following is based on news sent from China and reported on the overseas Falun Gong Internet web site http://www.minghui.ca.

The trial of four major Falun Gong contact persons was scheduled on December 26, 1999 at the Beijing First Intermediate People’s Court. On December 24, 1999 many Beijing practitioners received a notice from the police station that there will be a trial the next day and they should not go to the Court to audit. Some practitioners were told to stay at home, some ordered to watch TV report of the trial and some had to go to the police station to report before 9am the next day. Some practitioners were warned by their supervisors that they should not go to audit the trial of four major contact people of Falun Gong. Some practitioners were even taken to the local police stations from their homes.

On December 26, Chinese government put the four major contact people of Falun Gong on trial in the Beijing First Intermediate Court located at the Shijingshan District of Beijing City. At 10:00am, the police blocked the roads to the Court about 1 km away. The police checked the identification cards of all passersby. Once a Falun Gong practitioner was found, he/she was immediately arrested.

At noon, a large number of police officers appeared outside the Beijing First Intermediate Court. Many plain-clothes agents appeared at the nearby crossroads, subways and bus stations to search for Falun Gong practitioners. Many practitioners were arrested and taken to the Shijingshan Stadium.

The trial lasted for only a few hours, with the sentence up to 18 years.

Case 3 Practitioners Tortured for Attempting to Audit

The following is based on news sent from China and reported on the overseas Falun Gong Internet web site http://www.minghui.ca.

Five practitioners were arrested because they had attempted to audit the trial of the four former key contact people of Falun Gong on December 26. Two practitioners were detained in the 3rd cell of Nihe detention center of Shunyi county in Beijing.

Ms. Cheng Fengrong, 42 years old, was one of them. Police slapped Ms. Cheng while handcuffing her to a tree. She was later brutally beaten up by police using a broom. The broom was even broken into two pieces. After she was beaten up, she was forced to stand in the snow barefooted. She was handcuffed to the tree and forced to half squat down. She punched and kicked whenever she could not stand firm. Police also poured two basins of cold water on her back and neck. The cold water froze into ice under her feet. Black spots and purple spots could be found on her legs after two weeks. Some other fellow practitioners who had attempted to audit the trial together with her also suffered physical tortures of various degrees.

Case 4 Reuters News Report on Beijing’s Show Trial

The following is an excerpt from Reuters news "China Begins Key Falun Gong Trial, Security Tight" (December 26, 1999).

Chinese police on Sunday (December 26, 1999) threw a security blanket around a Beijing court and a rights group said four leaders of China’s banned spiritual movement Falun Gong were on trial inside.

Officials could not be reached for comment and telephones in the Beijing Intermediate People’s Court were left unanswered, while police stopped and checked the identities of passers-by.

The Hong Kong-based Information Center of Human Rights and Democratic Movement in China said four Communist Party members -- Li Chang, Wang Zhiwen, Ji Liewu and Yao Jie -- were being tried on charges of ``using a cult to break the law.’’

The four, arrested on July 20, have been accused of masterminding a 10,000-strong Falun Gong protest outside China’s leadership compound in Beijing in April to demand official status for their faith -- an action that led to the movement’s eventual July banning.

State media called the protest ``the most serious political incident’’ since the 1989 student-led demonstrations for democracy that were brutally crushed by the army.

……

The center said the trial had been postponed twice, apparently due to international pressure. At least 20 Falun Gong adherents were rounded up outside the court earlier this month as they showed support for the defendants, it added.

It was not immediately known if any of those questioned by police outside the court on Sunday were practitioners of Falun Gong, which claims a global member-ship of more than 100 million.
 
 
 
 

2.4 Innocent Falun Gong Practitioners Sent to Labor Camps Without Trial

Case 1

Victims: Li Zhiling (female), Tian Xiuhua, Sui Dali, Chang Yu, Zhang Jiezi

Location of incident: Changchun City, Jilin Province

Description:

Chinese authorities sentenced Li Zhiling and four other Falun Gong practitioners to one year in labor camp without trial or notification of relatives. The five Falun Gong practitioners were detained in Changchun, a city in northeast China, around the 50th anniversary of Communist Party rule on October 1 of 1999. Authorities accused the five of organizing Falun Gong practitioners to go to Beijing to petition the government. When the five refused to plead guilty, police sentenced them to one year in a labor camp.

Case 2

Victims: Wang Yuxiang, Sun Shufeng

Location of incident: Changchun City, Jilin Province

Description:

Wang Yuxiang and Sun Shufeng, who are a couple, went to Beijing to appeal in September. The police sent them back to Changchun before they could appeal. They were detained until October 8 of 1999. On October 13 of 1999, Wang Yuxiang was arrested again and was sentenced to one year of "labor education". On October 15 of 1999, Sun Shufeng was also arrested and received the same sentence.

Case 3

Message received on January 15, 2000

Victims: Wang Tianyou, Wang Bing, and other four Falun Gong practitioners

Location of incident: Daqing City, Heilongjiang Province

Description:

In Daqing, 284 practitioners signed an open appealing letter to the Chinese authorities. Their representatives were arrested before they were able to go to Beijing to deliver this letter. The appealing letter and the banner with signatures were also confiscated. Afterwards, many practitioners were detained. Up to January 3, 2000, six practitioners including Wang Tianyou and Wang Bing were given forced "labor education".

More practitioners from Daqing City have gone to Beijing to appeal by escaping the police’s blocking and interception. Whoever goes to Beijing to appeal will be detained after they are escorted back. Those who refuse to give up Falun Gong after being "educated" (which means physical and mental abuses) will be sent to labor camps. In Ranghu District alone, there are many practitioners who have been detained because they had gone to Beijing to appeal since the mid-December of 1999.

Case 4

Victims: Sun Xiuzhi (female), and many other Falun Gong practitioners

Location of incident: Qiqihar, Liaoyuan, Shenyang, and other northern cities in China

Description:

Based on AFP report, November 23, 1999.

"Nov 23, 1999 -- China has sentenced 12 Falun Gong members to forced labor and arrested five others for trying to sneak information off the spiritual sect’s web site to jailed practitioners, a human rights group said Tuesday.

The 12 sentenced to labor camps were punished for practicing the banned group’s meditation exercises in public, the Hong Kong-based Information Center of Human Rights and Democratic Movement in China said in a statement released in Beijing.

They included four members from Qiqihar city in northernmost province of Heilongjiang and eight people from Liaoyuan city in Jilin province.

One of the women, Sun Xiuzhi, was sentenced on Sunday to a women’s labor camp in Jilin’s Changchun city for three years.

The camp currently has 150 Falungong practitioners serving sentences of one to three years, the information center said."

Case 5

Message received on December 12, 1999

Victim: Zhu Qingxi (male)

Location of incident: Shandong Province

Description:

Zhu Qingxi, a Falun Gong practitioner and a former employee of the Hospital of Dongying Shengli Oil Field in Shandong province, has been sent to a labor camp in Luoyang of Henan province for one-and-a-half year labor education because he practiced Falun Gong exercise on Tainanmen Square in October 1999.

Currently, the Oil Field is detaining several practitioners. One of them has been detained for about 4 months.

Case 6

Message received on December 29, 1999

Victims: Lu Anqiu (male), Deputy Secretary of Tuchen City, Guizhou Province

Location of incident: Xishui County, Guizhou Province

Description:

The Disciplinary Committee of Xishui county of Guizhou province expelled the former Deputy Secretary of Tuchen City, Lu Anqiu, from communist party because he refused to give up his belief in Falun Dafa. The Public Security Bureau decided to sentence him to 3 years in forced labor camp.

Toward the end of 1999, about 20 practitioners had been sent to labor camps. It is said that practitioners who went to Beijing to appeal more than once would be sent directly to a forced labor camp.

Case 7

Message received on February 1, 2000

Victims: Wang Junhua (female), a state official and member of Political Consultative Congress of Mishan

Location of incident: Mishan City, Heilongjiang Province

Description:

About 16 practitioners from Mishan City of Heilongjiang Province were sent to labor camps for going to Beijing to appeal for Falun Gong. After those practitioners who had gone to Beijing to appeal were escorted back to their hometowns, male practitioners would be brutally beaten up. In order to get released, they must write a pledge that they would give up Falun Gong and denounce Falun Gong and pay a penalty of 6,000 to 10,000 Yuan. They would be sent to labor camps if they refused to do so.

Ms. Wang Junhua, a state official and a member of the Political Consultative Congress in Mishan City, was given three years of forced "labor education". She was first arrested on September 24, 1999 just because she told the police that she would continue to practice Falun Gong. She was then detained for 64 days without any legal procedure. On the eleventh day after she was freed, she was again arrested for refusing to promise not to go to Beijing to appeal for Falun Gong. At the end of December, she was sentenced to labor camp without legal procedure and notification of her families.

In addition, about 29 female practitioners from Jixi City of Heilongjiang Province were sent to labor camps. The number of male practitioners is unknown.
 
 
 
 

2.5 A Notice Issued by the Ministry of Public Security of China

The following document is the official guideline for the Chinese law-enforcement in crackdown of Falun Gong. It was provided to us by the Chinese Embassy in the United States.

The Ministry of Public Security of the People’s Republic of China on July 22 issued a notice prohibiting all activities in support of Falun Gong, which was termed illegal and has been banned.

Earlier July 22, the Ministry of Civil Affairs issued a decision banning the Research Society of Falun Dafa and the Falun Gong organization under its control after judging them to be illegal.

The Ministry of Public Security in its notice prohibits anyone from hanging up or posting any scrolls, pictures, insignias or other signs in any place that publicize Falun Dafa or Falun Gong.

The notice says that no one is allowed to distribute books and other publications, audiovisual materials or any other propaganda products in any place publicizing Falun Dafa.

The ministry also prohibits anyone from rallying people to "practice Falun Gong in groups," "publicize Falun Dafa," or carry out any other activities to propagate Falun Gong.

The ministry prohibits activities that support or publicize Falun Dafa such as holding gatherings, parades, or demonstrations in the form of sit-ins, or by appealing to higher authorities for help.

The notice prohibits all activities that incite disturbances of public order by creating fabrications and distortions of fact, intentionally spreading rumors, or by any other means.

The ministry also bans anyone from organizing, establishing ties for, or conducting any activities which resist related government decisions.

Any violation of these aforementioned regulations will be pursued for criminal liability or given administrative punishment according to the degree of seriousness of each case, the notice says.
 
 

3.1 Selected Articles from Universal Declaration of Human Rights

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 3

Everyone has the right to life, liberty and security of person.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

(1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation Everyone has the right to the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 17

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

3.2 Selected Articles from International Covenant on Civil and Political Rights

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or compulsory labour

1. Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;
2. Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;
3. Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
4. Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;


(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

1. To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
2. To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing;
3. To be tried without undue delay;
4. To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
5. To examine, or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
6. To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
7. Not to be compelled to testify against himself or to confess guilt.

1. ln the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
2. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
3. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
4. No one shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

1. For respect of the rights or reputations of others;
2. For the protection of national security or of public order (ordre public), or of public health or morals.

Article 21

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labor Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 26

Article 27

3.3 Selected Articles from Constitution of the People's Republic of China – 1993

All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law.

Article 34

All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law.

Article 35

Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

Article 36

Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.

Article 37

Freedom of the person of citizens of the People's Republic of China is inviolable. No citizens may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful detention or deprivation or restriction of citizens' freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.

Article 38

The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited.

Article 39

The residences of citizens of the People's Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited.

Article 40

Freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe on citizens' freedom of privacy of correspondence, except in cases where to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 41

Citizens of the People's Republic of China have the right to criticize and make suggestions regarding any state organ or functionary. Citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty, but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited. The state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them. Citizens who have suffered losses as a result of infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.

Article 42

Citizens of the People's Republic of China have the right as well as the duty to work. Through various channels, the state creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits. Work is a matter of honor for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor. The state provides necessary vocational training for citizens before they are employed.

Article 43

Working people in the People's Republic of China have the right to rest. The state expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff.

Article 44

The state applies the system of retirement for workers and staff of enterprises and institutions and for functionaries of organs of state according to law. The livelihood of retried personnel is ensured by the state and society.

Article 45

Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provides pensions to the families of martyrs and gives preferential treatment to the families of military personnel. The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens.

Article 46

Citizens of the People's Republic of China have the right as well as the duty to receive education. The state promotes the all-round development of children and young people, morally, intellectually and physically.

Article 47

Citizens of the People's Republic of China have freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The state encourages and assists creative endeavors conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.

Article 48

Women in the People's Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.

Article 49

Marriage, the family and mother and child are protected by the state. Both husband and wife have the duty to practice family planning. Parents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.

Article 50

The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.

Article 51

Citizens of the People's Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the state, of society or of the collective, or upon the lawful freedoms and rights of other citizens.

Article 52

It is the duty of citizens of the People's Republic of China to safeguard the unification of the country and the unity of all its nationalities.

Article 53

Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe labor discipline and public order and respect social ethics.

Article 54

In is the duty of citizens of the People's Republic of China to safeguard the security, honor and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the motherland.

Article 55

It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honorable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law.

Article 56

It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law.