PRC: HUMAN RIGHTS CONCERNS RAISED WITH MFA IO DDG

C O N F I D E N T I A L SECTION 01 OF 02 BEIJING 003081

SIPDIS

E.O. 12958: DECL: 11/10/2029
TAGS: PHUM PGOV PREL KIRF CASC CH
SUBJECT: PRC: HUMAN RIGHTS CONCERNS RAISED WITH MFA IO DDG
SHEN

REF: 11/6/09 MOELING-KRITENBRINK EMAIL

Classified By: Political Section Chief Aubrey Carlson. Reasons 1.4 (b)
and (d).


1. (C) Summary: In a November 10 meeting with MFA human
rights official Shen Yongxiang, PolMinCouns raised U.S.
concerns regarding the two-year, pre-trial detention of
American citizen Dr. Feng Xue on state secrets charges, PRC
policies in Tibet and Xinjiang including recent executions
there, the October detention of Uighur journalist Heyrat
Niyaz, and reports of harassment by Beijing authorities of
house churches. Shen claimed that the Chinese judiciary had
acted in accordance with criminal statutes in the cases of
executions in Tibet and Xinjiang. Claiming there were "no
house churches in China," Shen said that Protestant "family
gatherings" are allowed under Chinese law, but China could
not extend official recognition to all informal Protestant
groups. End Summary.

Human Rights Concerns Raised with DDG Shen
--------------


2. (C) In a November 10 meeting with MFA International
Organizations and Conferences Department Deputy Director
General and Special Representative for Human Rights Dr. Shen
Yongxiang, PolMinCouns raised USG concerns regarding the lack
of transparency surrounding the recent trials and executions
of Tibetans and Uighurs in Tibet and Xinjiang. PolMinCouns
also raised the detention of Uighur journalist Heyrat Niyaz,
the case of detained American citizen Dr. Feng Xue and the
situation facing the Shouwang house church in Beijing.

Trials and Executions in Tibet and Xinjiang
--------------


3. (C) While the United States did not condone the violence
that occurred in Urumqi (July 2009) and Lhasa (March 2008),
PolMinCouns noted, the recent executions of Tibetans and
Uighurs raised concerns about due process and transparency as
well as longstanding concerns about PRC policies in Tibet and
Xinjiang. He urged China to address the underlying causes of
ethnic tensions in these areas. PolMinCouns reminded Shen
that the U.S. and other Western embassies in Beijing had
formally requested, but were denied, permission to observe
the trials of those charged with crimes connected to the July
5 and March 2008 riots. Having observers at these trials
would allow for better understanding of PRC due process
procedures.


4. (C) DDG Shen responded that in China the death penalty was
applied equally to citizens of all ethnic backgrounds.
Contradicting himself, Shen said that in fact the court had
been lenient in many of the cases related to Tibet and
Xinjiang violence because the perpetrators were members of
ethnic minorities. Had they been ethnic Han convicted of
such violent crimes, Shen suggested, a higher percentage
would have received the death penalty. Those who had been
charged, sentenced and executed had committed serious crimes,
and the application of the death penalty in these cases was
consistent with Chinese law. Shen claimed that China's
judiciary had followed criminal statutes in the disposition
of the cases, and that all trials had been open to the in
public, and lawyers and interpreters had been available to
the defendants. Shen pointed out that the death sentences
had been upheld on appeal at the Higher People's Court of the
Tibetan Autonomous Region (in the case of the Tibetans) and
reviewed and approved by the Supreme People's Court. Shen
urged the United States to respect the verdicts.


5. (C) Shen stated that China was under no obligation to
allow foreigners to attend trials of Chinese citizens and
that it was China's principled stance "never to accept
foreign observers" at trials of Chinese citizens. Foreigners
could attend trials as members of the public, Shen said, but
it was the discretion of individual courts to decide whether
to admit members of the public. Shen said he saw no need for
the United States to observe Chinese trials and stressed the
independence of China's judiciary. Shen suggested a
discussion of China's judicial independence as a possible
topic for further discussion in the next round of the Human
Rights Dialogue and the Legal Experts Group.

Case of Detained Uighur Journalist
--------------


6. (C) PolMinCouns expressed U.S. concern over the detention
of Uighur journalist Heyrat Niyaz. According to media
reports, Niyaz was detained October 1 in Urumqi after giving

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an interview about the July 5 riots to a Hong Kong magazine.
PolMinCouns urged the Chinese government to release Niyaz
noting that his detention, as reported, was inconsistent with
freedom of the press and freedom of expression. (Note: On
October 30, the DCM sent a letter to the Xinjiang Uighur
Autonomous Region Foreign Affairs Office urging the release
of Niyaz, and the Embassy raised his case with MFA at the
working level on November 2.) Shen replied that he was not
familiar with Niyaz's case but would look into it.

Humanitarian Case of AMCIT Dr. Feng Xue
--------------


7. (C) PolMinCouns raised the case of American citizen Dr.
Feng Xue, who has been in pre-trial detention for two years
and is in failing physical and mental health. PolMinCouns
noted that the Ambassador had raised Dr. Xue's case in a
meeting with Vice Foreign Minister He Yafei November 6 (ref
email). The United States urged China to release Dr. Xue
immediately. Shen claimed that the Chinese government
"shouldn't put any pressure on the judicial system," but that
it was appropriate for the Embassy to have consular access to
Dr. Xue since he was an American citizen. (Note: The
Embassy has had regular monthly consular access to Dr. Xue
during his two-year detention.)

"There Are No House Churches in China"
--------------


8. (C) PolMinCouns asked that China seek ways to allow house
churches, as legitimate groups of religious believers, to
operate legally. PolMinCouns noted that the well-known
Shouwang house church had recently experienced harassment by
local authorities including pressure on its landlord
resulting in the loss of its lease and the temporary
detention of its head pastor. This treatment by the part of
the Beijing municipal government constituted harassment.


9. (C) Shen asserted that "there was no such thing as house
churches" in China. Shen claimed that some Protestants
organized "family gatherings," which were consistent with
Chinese law. However, such gatherings should be limited to
family and friends and were restricted to the home.
Worshippers should also refrain from making too much noise or
disturbing the normal life of their neighbors, Shen said.
Shen claimed to be unaware of the Shouwang church but
promised to pass on any information to the appropriate
offices.


10. (C) Shen insisted that registered religious groups were
required to have a fixed place to organize their religious
activity. It would be difficult for the State Administration
of Religious Affairs to officially recognize Protestant
"family gatherings," Shen continued, as China needed to treat
all religions equally. If informal Protestant groups were
extended official recognition, then other religious groups
would have to be afforded similar treatment. This would
"cause a lot of problems," Shen concluded.

Human Rights Dialogue, Case List
--------------


11. (C) At the conclusion of the meeting, both sides
confirmed that they looked forward to the next round of the
U.S.-PRC bilateral Human Rights Dialogue and the Legal
Experts Group and agreed to seek to set a date soon.
PolMinCouns provided Shen a copy of the list of human rights
and humanitarian concern cases that the Ambassador handed to
VFM He Yafei November 6 (ref email).
HUNTSMAN