China : Alarming degradation of Xu Zhiyong’s health in arbitrary detention

The Observatory has been informed about the ongoing arbitrary detention and the health deterioration of legal scholar and human rights lawyer and activist Mr Xu Zhiyong. Mr Xu is a prominent member of the New Citizens Movement, a civil society movement focused on promoting the implementation of human rights enshrined in China’s Constitution, laws, and regulations.

Since October 4, 2024, Xu Zhiyong has been on a hunger strike to protest the ongoing ill-treatment and fundamental rights violations he has been subjected to while detained at Lunan Prison, Shandong Province. Mr Xu has been kept in a cell with three other inmates who have been instructed by prison authorities to engage in constant surveillance and psychological harassment towards him, including when he uses the toilet. In addition, in recent months prison authorities have obstructed Mr Xu’s attempts to communicate with his family by withholding his letters and denying his requests for phone communication. Although his family is allowed monthly visits, they have faced harassment, intimidation, and threats. Furthermore, he is referred merely as “prisoner No. 003”, a practice that dehumanises him and strips him of his identity and dignity. Xu Zhiyong has also been denied access to a lawyer since April 2023.

As Chinese authorities have failed to confirm whether Mr Xu is currently receiving any medical treatment, the Observatory is deeply concerned over his deteriorating health. Chinese authorities have a well-documented record of denying adequate medical care to detained human rights defenders, often leading to severe health complications and, in some cases, to deaths in custody, as in the case of Cao Shunli.

The Observatory recalls that on April 10, 2023, the Linshu County Court in Shandong sentenced Xu Zhiyong to 14 years of imprisonment on trumped-up charges of “subversion of state power” under Article 105, Section 2 of China’s Penal Code. He was sentenced alongside lawyer Ding Jiaxi, who received a 12-year prison sentence. The charges against them were based on their roles in the “New Citizens Movement”, their establishment of a Telegram group chat, and their participation in a private meeting in Xiamen, Fujian Province, to discuss the situation of the rule of law and human rights in China. UN High Commissioner for Human Rights, Volker Türk, expressed deep concern over these sentences, as did four UN human rights experts, who issued a communication condemning the Chinese government’s use of national security laws to unduly restrict freedom of expression, assembly, and association. the Chinese government’s use of national security laws to unduly restrict freedom of expression, assembly, and association.

The trials of Mr Xu Zhiyong’s and Mr Ding Jiaxi’s were marred by procedural irregularities and lack of transparency, in violation of their right to a fair trial. Both activists faced closed-door hearings in June 2022 at the Linshu County Court, where relatives and diplomats were prohibited from attending and defense lawyers were required to sign non-disclosure agreements that prevented them from sharing any information about the proceedings with third parties, including the media.

Xu Zhiyong was initially detained in February 2020 after publishing an open letter critical of Chinese President Xi Jinping’s administration, including its handling of the Covid-19 pandemic and the Hong Kong protests. Mr. Ding Jiaxi was arrested in December 2019 amid a broad crackdown targeting human rights lawyers and citizen activists, known as the “1226 crackdown”. Both men were placed under residential surveillance at designated locations (RSDL), which involved lengthy periods of incommunicado detention where they were denied access to legal counsel or contact with their families. During their detention, they were subjected to torture and other ill-treatment, including prolonged sleep deprivation, exposure to loud noises, repeated interrogation while being tied to an iron “tiger-chair”, and food and water deprivation.

The Observatory expresses grave concern over Xu Zhiyong’s deteriorating health and calls for his immediate access to adequate medical care. The Observatory strongly condemns the alleged acts of ill-treatment against Xu Zhiyong while in detention and urges an immediate, thorough, and transparent investigation into these allegations, ensuring accountability for those responsible.

The Observatory further calls on Chinese authorities to immediately and unconditionally release Xu Zhiyong and Ding Jiaxi and to cease using Article 105, Section 2 of China’s Penal Code to target human rights defenders and silence dissenting voices.