SRES 184 RS
Mr. KYL (for himself, Ms. MIKULSKI, Mr. BROWNBACK, Mr. MCCAIN, Mr. ALLEN, and Mr. SANTORUM) submitted the following resolution; which was referred to the Committee on Foreign Relations
Reported by Mr. LUGAR, with amendments and an amendment to the preamble
[Struck out->] Whereas, according to the Department of State's 2002 Country Reports on Human Rights Practices in China, the Government of the People's Republic of China has `continued to commit numerous and serious [human rights] abuses,' including `instances of . . . arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process'; [<-Struck out]
[Struck out->] Whereas according to the report, `the country's criminal procedures were not in compliance with international standards,' the `lack of due process in the judicial system remained a serious problem,' and `authorities routinely violated legal protections in the cases of political dissidents'; [<-Struck out]
[Struck out->] Whereas Dr. Yang Jianli, an internationally renowned scholar, pro-democracy activist, and president of the Foundation for China in the 21st Century, is an alien lawfully admitted for permanent residence in the United States who has been detained incommunicado by the Government of the People's Republic of China since April 26, 2002; [<-Struck out]
[Struck out->] Whereas according to the United Nations Commission on Human Rights Resolution 1997/38 of April 11, 1997, `prolonged incommunicado detention may . . . itself constitute a form of cruel, inhuman, or degrading treatment,' which is prohibited by international law; [<-Struck out]
[Struck out->] Whereas Dr. Yang Jianli has been deprived of his basic human rights by being denied access to legal counsel and contact with his wife and two children (who are United States citizens), and has also been denied his right to trial within a reasonable time or to release pending trial; [<-Struck out]
[Struck out->] Whereas, on June 3, 2003, the United Nations Working Group on Arbitrary Detention expressed the opinion that `[t]he non-observance of Mr. Yang Jianli's right to a fair trial is of such gravity as to give his deprivation of liberty an arbitrary character. Therefore, his arrest and detention is arbitrary being in contravention of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights.'; and [<-Struck out]
[Struck out->] Whereas the arbitrary imprisonment of United States citizens and permanent resident aliens by the Government of the People's Republic of China and the continuing violations by the Government of their fundamental human rights demands a forceful response by Congress and the President of the United States: Now, therefore, be it [<-Struck out]
Whereas, according to the Department of State's 2002 Country Reports on Human Rights Practices in China, the Government of the People's Republic of China has `continued to commit numerous and serious [human rights] abuses,' including `instances of . . . arbitrary arrest and detention, lengthy incommunicado detention, and denial of due process';
Whereas according to the report, `the country's criminal procedures were not in compliance with international standards,' the `lack of due process in the judicial system remained a serious problem,' and `authorities routinely violated legal protections in the cases of political dissidents';
Whereas Dr. Yang Jianli, an internationally renowned scholar, pro-democracy activist, and president of the Foundation for China in the 21st Century, is an alien lawfully admitted for permanent residence in the United States;
Whereas Dr. Yang Jianli allegedly entered the People's Republic of China on false travel documents on April 19, 2002, and has been detained by the Government of the People's Republic of China since his arrest on April 26, 2002;
Whereas Dr. Yang Jianli was held incommunicado for the first 14 months of his detention;
Whereas, on July 17, 2003, Chinese authorities finally indicted Dr. Yang Jianli for `espionage and crossing the national border illegally';
Whereas according to the United Nations Commission on Human Rights Resolution 1997/38 of April 11, 1997, `prolonged incommunicado detention may . . . itself constitute a form of cruel, inhuman, or degrading treatment,' which is prohibited by international law;
Whereas Dr. Yang Jianli was until recently deprived of his basic human rights by being denied access to legal counsel and contact with his wife and two children (who are United States citizens), and has also been denied his right to trial within a reasonable time or to release pending trial;
Whereas, on June 3, 2003, the United Nations Working Group on Arbitrary Detention expressed the opinion that `[t]he non-observance of Mr. Yang Jianli's right to a fair trial is of such gravity as to give his deprivation of liberty an arbitrary character. Therefore, his arrest and detention is arbitrary being in contravention of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights.'; and
Whereas the arbitrary imprisonment of United States citizens and permanent resident aliens by the Government of the People's Republic of China and the continuing violations by the Government of their fundamental human rights demands a strong response by Congress and the President of the United States: Now, therefore, be it
(1) make the immediate release of Dr. Yang Jianli by the Government of the People's Republic of China a top priority of United States foreign policy; [<-Struck out] is not in the interests of the Government of the People's Republic of China because it [<-Struck out] will reduce the opportunities for cooperation between the United States and the People's Republic of China; whose human rights are being violated; and [<-Struck out] ; . [<-Struck out] ; andCalendar No. 233
Calling on the Government of the People's Republic of China immediately and unconditionally to release Dr. Yang Jianli, and for other purposes.
END