CHINA TELLS NGO ACTIVIST JOHN KAMM HIS HUMAN

C O N F I D E N T I A L BEIJING 017959 SIPDIS SIPDIS DEPT FOR DRL, EAP/CM AND L (R. HARRIS) E.O. 12958: DECL: 08/25/2031 TAGS: PHUM PGOV PREL CH SUBJECT: CHINA TELLS NGO ACTIVIST JOHN KAMM HIS HUMAN RIGHTS DIALOGUE IS OVER CLASSIFIED BY: CLASSIFIED BY CHARGE D'AFFAIRES DAVID SEDNEY. REASONS 1 .4 (B/D). ¶1. (C) SUMMARY: FOREIGN MINISTRY OFFICIALS TOLD JOHN KAMM OF THE NGO DUIHUA FOUNDATION ON AUGUST 24 THAT HIS DIALOGUE ON PRISONER CASES WITH CHINESE OFFICIALS IS OVER AND THAT CHINA WAS "SICK AND TIRED" OF RESPONDING TO FOREIGNERS' REQUESTS ABOUT INDIVIDUAL HUMAN RIGHTS CASES. IN A SEPARATE, MUCH MORE POSITIVE MEETING, A SUPREME PEOPLE'S COURT JUDGE TOLD KAMM THAT CHINA WILL NOT BEGIN EXERCISING CENTRAL REVIEW OF DEATH SENTENCES UNTIL AT LEAST 2007 AND PROVIDED STATISTICS ABOUT PAROLE AND SENTENCE REDUCTIONS CONCERNING THOSE CONVICTED OF COUNTERREVOLUTIONARY CRIMES. END SUMMARY. MFA SAYS IT WILL END COOPERATION WITH KAMM -------------- ¶2. (C) IN AN AUGUST 24 MEETING, MFA DIRECTOR GENERAL FOR NORTH AMERICAN AFFAIRS LIU JIEYI AND MFA DIRECTOR FOR HUMAN RIGHTS DONG ZHIHUA TOLD DUIHUA FOUNDATION EXECUTIVE DIRECTOR JOHN KAMM THAT CHINA'S COOPERATION WITH HIM IS ENDING. IN A STIFF MEETING, DG LIU FIRST SPOKE WITH KAMM TO TELL HIM THAT CHINA WAS "UNHAPPY" WITH THE WAY DUIHUA FOUNDATION HAS PUBLICIZED INFORMATION PROVIDED IN THE COURSE OF THEIR "UNOFFICIAL HUMAN RIGHTS DIALOGUE." AS A RESULT, THE MFA AND MINISTRY OF JUSTICE WOULD NO LONGER COOPERATE WITH KAMM OR ACCEPT HIS UBMISSION OF LISTS REQUESTING INFORMATION ABOUT JAILED POLITICAL PRISONERS, DG LIU SAID, ACCORDING TO AN AUGUST 25 READOUT KAMM PROVIDED TO CDA AND POLOFFS. FOREIGNERS SHOULD PRESENT THEIR CONCERNS ABOUT INDIVIDUAL CASES BEFORE THE UNITED NATIONS OR NOT AT ALL, LIU TOLD KAMM. "THE SITUATION HAS CHANGED," LIU TOLD KAMM, A THEME THAT DONG REITERATED LATER. ¶3. (C) DG LIU THEN LEFT AND DIRECTOR DONG, READING FROM A SCRIPT AND REFUSING TO LOOK AT KAMM, RECOUNTED THAT CHINA IS "FED UP" AND "SICK AND TIRED" OF FOREIGNERS' REQUESTS ABOUT INDIVIDUAL HUMAN RIGHTS CASES. DONG, WHO KAMM DESCRIBED AS "TEARY-EYED" DURING THIS, TOLD KAMM THAT "THE CHINA OF TODAY IS NOT THE CHINA OF JUST AFTER TIANANMEN. IT DESERVES RESPECT." SHE EMPHASIZED THAT CHINA DID NOT WANT TO GIVE THE IMPRESSION THAT IT RESPONDED TO PRESSURE BY FOREIGNERS IN SUCH CASES. THINGS AND TIMES HAVE CHANGED, DONG TOLD KAMM. THEY MIGHT CHANGE AGAIN, BUT FOR NOW, KAMM WAS WELCOME TO RETURN TO CHINA IN THE FUTURE AS A TOURIST, SHE SAID. ¶4. (C) KAMM EXPRESSED HIS STRONG DISSATISFACTION WITH CHINA'S UNILATERAL CHANGE IN THEIR WORKING ARRANGEMENTS. HE PRESENTED A PRISONER LIST TO DONG, WHICH SHE TOOK, BUT ONLY AFTER THEY LEFT THE MEETING ROOM AND WERE ON THE WAY OUT. SHE AGREED TO PASS THE LIST TO HER SUPERIORS BUT EMPHASIZED THAT HER ACTIONS "DID NOT CONSTITUTE ACCEPTANCE" OF KAMM'S LIST. (NOTE: THE MINISTRY OF JUSTICE LAST YEAR BEGAN REFUSING TO ACCEPT KAMM'S PRISONER LISTS, WHICH HE HAD BEEN RAISING WITH CHINESE OFFICIALS FOR MORE THAN 10 YEARS. END NOTE.) SUPREME COURT NOT YET REVIEWING DEATH PENALTY CASES -------------- -------------- ¶5. (C) CHINA'S CENTRAL SUPREME PEOPLE'S COURT (SPC) HAS NOT YET BEGUN REVIEWING ALL DEATH SENTENCES, DESPITE ANNOUNCEMENTS OF THIS REFORM MORE THAN A YEAR AGO, SPC CHIEF JUDGE GAO JINHONG TOLD KAMM IN A SEPARATE AUGUST 24 MEETING. KAMM DESCRIBED THE MEETING AS POSITIVE AND USEFUL AND GAO AS WELCOMING OF KAMM'S PAST EFORTS AND CONTINUED INTEREST. ACCORDING TO KAMMS READOUT, THE SPC WILL NOT BEGIN CONDUCTING REVIEWS OF ALL CAPITAL CASES UNTIL NEXT YEAR "AT THE EARLIEST." (NOTE: GAO IS THE SPC JUDGE CHARGED WITH IMPLEMENTING THIS NEW POLICY. END NOTE.) ¶6. (C) IN ADDITION, GAO TOLD KAMM THAT DISCUSSION OF COUNTER-REVOLUTIONARY PRISONERS AS PART OF THE US- CHINA LEGAL EXPERTS DIALOGUE HAD BEEN A WATERSHED EVENT. GAO PROVIDED INFORMATION SHOWING THAT ON AVERAGE 26 PERCENT OF CHINESE PRISONERS RECEIVE SENTENCE REDUCTIONS EACH YEAR AND FIVE PERCENT RECEIVE PAROLE, WHILE KAMM'S STATISTICS SHOW THAT COUNTERREVOLUTIONARIES RECEIVE SUCH BENEFITS FAR LESS OFTEN. SEDNEY