Senate Calls for Unconditional Release of Dr. Yang Jianli
Senate Resolution 184 passed by unanimous consent July 29

Name

31 July 2003

The Senate passed by unanimous consent July 29 a resolution calling for the immediate and unconditional release of Dr. Yang Jianli by the Chinese government.

Senate Resolution 184 (S. Res. 184) says Yang is "an internationally renowned scholar, pro-democracy activist, and president of the Foundation for China in the 21st Century."

S. Res. 184 also notes that he is an alien lawfully admitted for permanent residence in the United States.

Yang entered China on April 19, 2002, and was arrested by Chinese officials on April 26. He has been held incommunicado by Chinese authorities since then, unable to speak even with family members or lawyers for 14 months.

The resolution strongly urges the Government of the People's Republic of China "to consider the implications for the broader relationship between the United States and the People's Republic of China of detaining permanent resident aliens of the United States without providing them access to legal counsel or family members."

Following is the text of Senate Resolution 184 from the Congressional Record:

(begin text)

July 29, 2003
108th CONGRESS
1st Session
S. RES. 184

IN THE SENATE OF THE UNITED STATES

RESOLUTION

Calling on the Government of the People's Republic of China immediately and unconditionally to release Dr. Yang Jianli, and for other purposes.

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

Resolved,

SECTION 1. CONDEMNATION OF THE TREATMENT BY THE GOVERNMENT OF CHINA OF DR. YANG JIANLI.

The Senate--

(1) condemns and deplores the incommunicado detention of Dr. Yang Jianli, and calls for his immediate and unconditional release;

(2) condemns and deplores the lack of due process afforded to Dr. Yang; and

(3) strongly urges the Government of the People's Republic of China to consider the implications for the broader relationship between the United States and the People's Republic of China of detaining permanent resident aliens of the United States without providing them access to legal counsel or family members.

SEC. 2. SENSE OF THE SENATE.

It is the sense of the Senate that the United States should--

(1) work to secure the immediate humanitarian release of Dr. Yang Jianli by the Government of the People's Republic of China;

(2) continue to make every effort to assist Dr. Yang Jianli and his family while discussions of his release are ongoing;

(3) ensure that the Government of the People's Republic of China understands that the detention of United States citizens and permanent resident aliens, and the infliction of human rights violations on these groups, will reduce the opportunities for cooperation between the United States and the People's Republic of China;

(4) reiterate its deep concern regarding the continued imprisonment of Dr. Yang Jianli and other United States citizens and permanent resident aliens;

(5) engage in discussions with the Government of the People's Republic of China regarding the legal status and immediate humanitarian needs of these United States citizens and permanent resident aliens; and

(6) in the context of an ongoing human rights dialogue with the Government of the People's Republic of China, seek to develop initiatives in the area of the rule of law, with the goal of bringing the legal system of the People's Republic of China into full compliance with international standards.

(end text)

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

--------------------------
Source: "Washington File".