The United Nations Working Group on Arbitrary Detention Begins Investigation of Human Rights in China

(Clearwisdom.net) The United Nations Working Group on Arbitrary Detention arrived at China on September 19, 2004 for a 12-day on-site investigation of China's violation of human rights in areas including illegal arrest, arbitrary detention, and arbitrary extension of detention.

Arbitrary arrests are in contrast to legal arrests. Any arrest that violates the basic human rights as described in the "Universal Declaration of Human Rights" is categorized as an arbitrary arrest of the second kind. All arrests of Falun Gong practitioners belong to the category of arbitrary arrests of the second kind, and are illegal.

Legal arrests must go through due process. Any arrest or detention not going through the due process of law is regarded as an arbitrary detention, and is categorized as an arbitrary arrest of the third kind. All secret trials, and all sentences of forced-labor belong to arbitrary arrest of the third kind and are illegal.

Legal detentions have fixed durations. Detentions beyond their terms are considered arbitrary arrests even for criminal offenders, and are categorized as arbitrary arrests of the first kind.

Leila Zerrougui, the chairwoman, Tamas Ban, vice chairman, as well as other officials of the working group will mainly investigate Beijing, Sichuan Province, and Tibet. The working group will meet with Chinese officials in the foreign ministry, justice department, and the police department. They will also meet with officials from the Chinese People's Supreme Court, and representatives of the Chinese People's Prosecutor's Office, Chinese Lawyers' Association, and local or nationwide private and non-government organizations.

The UN officials will visit prisons, forced-labor camps, detention centers, jails, mental hospitals, and police departments. They will request to meet privately with the inmates and look for related evidence. They will also meet with family members of the victims. In past investigations, they have met with obstruction and often were not allowed to see the real situation. Local officials would hide the victims and stage shows by organizing inmates to study or have fun together.

The working group will have their own Chinese translators. Ms. Zerrougui speaks English and French, and Mr. Ban speaks English. Other members can speak Spanish.

The working group will compile a report and submit it to the 61^st conference of the UN Committee next March. This will be a summary of the status of human rights -- "arbitrary arrest" in China, and will be an official UN document. It will be a document referenced by governments of different countries and human rights organizations.

The United Nations stipulates that the government shall not conduct persecution or revenge toward the victims or witnesses who were interviewed during the investigation. Because the persecution against Falun Gong in China is still going on, there is no guarantee that the victims will be protected after the UN officials leave. Therefore, it is recommended that practitioners who are in contact with UN officials pay attention to their own safety.

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