China (includes Hong Kong and Macau)

Country Reports on Human Rights Practices -2000

Released by the Bureau of Democracy, Human Rights, and Labor

February 2001

... The Government's poor human rights record worsened, and it continued to commit numerous serious abuses. The Government intensified crackdowns on religion and in Tibet, intensified its harsh treatment of political dissent, and suppressed any person or group perceived to threaten the Government. However, despite these efforts, many Chinese had more individual choice, greater access to information, and expanded economic opportunity. Nonetheless by year's end, thousands of unregistered religious institutions had been either closed or destroyed, hundreds of Falun Gong leaders had been imprisoned, and thousands of Falun Gong practitioners remained in detention or were sentenced to reeducation-through-labor camps or incarcerated in mental institutions. Various sources report that approximately 100 or more Falun Gong practitioners died as a result of torture and mistreatment in custody... The Government significantly intensified its campaign against the Falun Gong movement, which it accused in October of being a reactionary organization, as well as against "cults" in general. A number of qigong groups were banned. The Government continued to commit widespread and well-documented human rights abuses in violation of internationally accepted norms. These abuses stemmed from the authorities' extremely limited tolerance of public dissent aimed at the Government, fear of unrest, and the limited scope or inadequate implementation of laws protecting basic freedoms. The Constitution and laws provide for fundamental human rights; however, these protections often are ignored in practice. Abuses included instances of extrajudicial killings, the use of torture, forced confessions, arbitrary arrest and detention, the mistreatment of prisoners, lengthy incommunicado detention, and denial of due process. In May the U.N. Committee Against Torture issued a report critical of continuing serious incidents of torture, especially involving national minorities. Prison conditions at most facilities remained harsh. In many cases, particularly in sensitive political cases, the judicial system denies criminal defendants basic legal safeguards and due process because authorities attach higher priority to maintaining public order and suppressing political opposition than to enforcing legal norms. The Government infringed on citizen's privacy rights. The Government maintained tight restrictions on freedom of speech and of the press and increased its efforts to control the Internet; self-censorship by journalists continued. The Government severely restricted freedom of assembly and continued to restrict freedom of association. The Government continued to restrict freedom of religion and intensified controls on some unregistered churches. The Government continued to restrict freedom of movement. Citizens do not have the right peacefully to change their Government. The Government does not permit independent domestic nongovernmental organizations (NGO's) to monitor publicly human rights conditions. ...

Although the Government denies that it holds political or religious prisoners and argues that all those in prison are legitimately serving sentences for crimes under the law, an unknown number of persons, estimated at several thousand, are detained in violation of international human rights instruments for peacefully expressing their political, religious, or social views. Persons detained at times during the year included political activists; leaders of unregistered religious groups; journalists; authors; intellectuals; labor leaders; and members of the Falun Gong movement, among others. ...

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

The official press reported a number of extrajudicial killings, but no nationwide statistics are available. During the year, deaths in custody due to police use of torture to coerce confessions from criminal suspects continued to be a problem... The deaths in custody of Falun Gong practitioners were a significant new development. Various sources report that approximately 100 or more Falun Gong adherents died during the year in police custody; many of their bodies reportedly bore signs of severe beatings or torture, or were cremated before relatives could examine them (see Section 1.c.). For example, in March Zhang Zhenggang was detained by police in Jiangsu and beaten into a coma. Zhang died 5 days later, and family members were not allowed to examine his body prior to cremation. In April Li Huixi, a Falun Gong follower in Shouguang City, Shandong, reportedly was beaten to death by public security officers while in custody. Li's body was cremated without an autopsy before his family was informed of his death. Falun Gong practitioner Li Zaiji died on July 7 while serving a sentence in a reform-through-labor camp in Jinlin. Although the official cause of death was listed as dysentery, family members who examined his body reported numerous wounds and bandages. ...

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

... During the year, there were numerous credible reports of abuse of Falun Gong practitioners by the police and other security personnel, including police involvement in beatings, detention under extremely harsh conditions, and torture (including by electric shock and by having hands and feet shackled and linked with crossed steel chains). ...

Various sources report that approximately 100 or more Falun Gong adherents died during the year while in police custody. Many of their bodies reportedly bore signs of severe beatings or torture, and statements by released Falun Gong detainees regularly attest to mistreatment. Many of the bodies of Falun Gong practitioners who died in police custody were cremated before relatives could examine them. ...

Eyewitnesses have reported frequent abuse of Falun Gong protesters as they were being detained. ...

In late 1999, according to credible reports, the Government started confining some Falun Gong adherents to psychiatric hospitals. At year's end, according to Falun Gong, hundreds of practitioners were confined to mental hospitals. ...

d. Arbitrary Arrest, Detention, or Exile

... According to reliable reports, the Government confined hundreds of Falun Gong adherents to psychiatric hospitals. ...

e. Denial of Fair Public Trial

... According to Amnesty International, two sisters who owned a bookstore were sentenced to prison terms in January for distributing Falun Gong literature. The sisters reportedly were arrested in July 1999, held incommunicado for 3 months, and tried in secret (see Section 2.c.). ...

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government's harsh propaganda campaign against the Falun Gong, begun in 1999, continued and intensified during the year. ...

According to the local press, in November several persons accused of printing and distributing Falun Gong literature were arrested in Chaoyan, Liaoning Province. ...

Also in January, Wang Hansheng and his wife, Xu Xianglan, were sentenced to 6 and 8 years in prison respectively for printing Falun Gong books and posters. ...

Authorities have at various times blocked politically "sensitive" web sites, including those of dissident groups and some major foreign news organizations, such as the Voice Of America (VOA), the Washington Post, the New York Times, and the British Broadcasting Corporation (BBC)... The Government specifically targeted web pages run by Falun Gong followers as part of its crackdown against the group. ...

In spite of new regulations, dissident groups, including Falun Gong, increasingly used sophisticated methods to bypass Internet site blocks and to publish online magazines posing as bulk e-mail. ...

Despite the restrictions on the Internet, and the fact that direct attacks on the Government and references to sensitive matters such as the Tiananmen massacre and the Government's handling of Falun Gong are not allowed, information and discussion on other topics, such as the environment and corruption, can be very pointed. Participants in Internet forums regularly express politically unacceptable views, including contributors to state-run web pages, and those run by the People's Daily. ...

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of peaceful assembly; however, the Government severely restricts this right in practice. The Constitution stipulates that such activities may not challenge "Party leadership" or infringe upon the "interests of the State." Protests against the political system or national leaders are prohibited. Authorities deny permits and quickly move to suppress demonstrations involving the expression of dissenting political views.

At times police used excessive force against demonstrators. Demonstrations with political or social themes often were broken up quickly and violently. The number of persons who participate in demonstrations is often difficult to verify, and estimates of the numbers of participants vary. Hong Kong-based human rights groups allege that 1,200 persons were detained between June 18 and June 25 during protests and public demonstrations by Falun Gong practitioners in 9 provinces. Falun Gong attempted to organize gatherings on Tiananmen Square throughout the year, especially on special anniversaries; such protests were often broken up violently by the police and security forces. In July Falun Gong practitioners attempted to unfurl banners or shout slogans to mark the first anniversary of the banning of Falun Gong. At that time, diplomats and journalists witnessed several hundred Falun Gong practitioners being arrested and several persons being beaten. Authorities prevented some demonstrations with possible political overtones from taking place or dispersed those underway, and in at least one city, Shenyang, local government officials banned public demonstrations effective July 20, although demonstrations continued to take place. ...

c. Freedom of Religion

The Constitution provides for freedom of religious belief and the freedom not to believe; however, the Government seeks to restrict religious practice to government-sanctioned organizations and registered places of worship and to control the growth and scope of the activity of religious groups. There are five officially recognized religions--Buddhism, Taoism, Islam, Protestantism, and Catholicism. For each faith, there is a government-affiliated association to monitor and supervise its activities. Membership in religions is growing rapidly; however, while the Government generally does not seek to suppress this growth outright, it tries to control and regulate religious groups to prevent the rise of groups or sources of authority outside the control of the Government and the Chinese Communist Party. The Criminal Law states that government officials who deprive citizens of religious freedom may be sentenced to up to 2 years in prison in serious cases. However, there are no known cases of persons being punished under this statute.

During the year, the Government's respect for religious freedom continued to deteriorate. The Government intensified its harsh crackdown against the Falun Gong movement and extended its actions to "cults" in general. In some regions, the atmosphere created by the nationwide campaigns against cults and superstition had spillover effects on other unofficial faiths. Various sources report that approximately 100 or more Falun Gong adherents died during the year while in police custody; many of their bodies reportedly bore signs of severe beatings or torture, or were cremated before relatives could examine them (see Section 1.c.). ...

The law does not prohibit religious believers from holding public office; however, most influential positions in government are reserved for Party members, and Communist Party officials state that Party membership and religious belief are incompatible... Party and PLA military personnel were expelled for adhering to the Falun Gong movement; ...

Religious groups that preach beliefs outside the bounds of officially approved doctrine (such as the coming of the Apocalypse, or holy war) or that have charismatic leaders often are singled out for particularly severe harassment... In October 1999, as part of its anti-Falun Gong crackdown, the Government passed a law outlawing "cults." According to reports, the crackdown on the Falun Gong led to a tightening of controls on all nonofficially sanctioned beliefs. Recent regulations require all qigong groups to register with the Government. Those that did not were declared illegal.

Since mid-1999 the Government has waged a severe political, propaganda, and police campaign against the Falun Gong spiritual movement; the campaign intensified significantly during the year. Falun Gong (or Wheel of the Law, also known as Falun Dafa) blends... the meditation techniques of qigong (a traditional martial art) with the teachings of Li Hongzhi, who left the country in 1998. The Government estimates that there may be as many as 2.1 million adherents of Falun Gong; Falun Gong followers estimate that there are as many as 100 million adherents worldwide. Some experts estimate that the true number of Falun Gong adherents lies in the tens of millions. Despite the mystical nature of some of Li's teachings, Falun Gong does not consider itself a religion and has no clergy or formal places of worship. In July 1999, 3 months after 10,000 Falun Gong adherents had demonstrated peacefully in front of the Zhongnanhai leadership compound in Beijing, the Government officially declared Falun Gong illegal and began a nationwide crackdown. Around the country, tens of thousands of practitioners were rounded up and detained for several days--often in open stadiums--under poor and overcrowded conditions, with inadequate food, water, and sanitary facilities. Practitioners who refused to renounce their beliefs were expelled from schools or fired from jobs. The China Education Daily reported that "political thought and morality" assessments of applicants to take university exams were expanded to include questions to determine whether applicants were members of Falun Gong. Some detainees were government officials and Communist Party members. A few high-ranking practitioners were forced to disavow their ties to Falun Gong on national television. Government officials who were practitioners were required to undergo anti-Falun Gong study sessions and were prohibited from Falun Gong activities; some were expelled from the Party for refusing to recant their beliefs. The authorities waged an intense propaganda campaign against the group, seized and destroyed Falun Gong literature, and attempted to shut down Falun Gong Internet web sites. Also in July 1999, the Government issued a warrant for the arrest of Falun Gong leader Li Hongzhi, who was charged with holding demonstrations without appropriate permits and disturbing public order. The Government requested INTERPOL's assistance in apprehending Li, who resides abroad, but INTERPOL declined to assist, on the grounds that the offense was not a crime recognized under the INTERPOL charter, and that the request was political in nature. Late in the year, President Jiang Zemin announced that the campaign against the Falun Gong was one of the "three major political struggles" of 1999. The crackdown on "cults" intensified in late 1999, with press reports stating that restrictions would be tightened on several "cults" and various Christian groups. In late October 1999, as part of the Government's anti-Falun Gong crackdown, the Standing Committee of the National People's Congress adopted a decision to ban "cults," including Falun Gong, under Article 300 of the Criminal Law. Under the decision, cult members who "disrupt public order" or distribute publications can receive prison terms of 3 to 7 years. Cult leaders and recruiters can be sentenced to 7 years or more in prison.

Although the vast majority of practitioners detained later were released, those identified by the Government as "core leaders" were singled out for particularly harsh treatment. On November 30, 1999, Vice Premier Li Lanqing stated that authorities detained over 35,000 practitioners between July 22 and October 30 1999 (the Government later clarified Li's statement, noting that the figure represented the total number of confrontations of police with adherents and that many persons had multiple encounters with police). In August the Director of the Religious Affairs Bureau stated that 151 Falun Gong practitioners had been convicted of leaking state secrets, creating chaos, or other crimes. According to credible estimates, as many as 5,000 Falun Gong practitioners have been sentenced without trial to up to 3 years of reeducation through labor. Human rights organizations estimate that as many as 300 practitioners have been sentenced to prison terms of up to 18 years for their involvement in Falun Gong. According to the Falun Gong, hundreds of its practitioners have been confined in mental hospitals.

Police often used excessive force when detaining peaceful protesters, including some who were elderly or who were accompanied by small children. During the year, there were numerous credible reports of abuse of Falun Gong practitioners by the police and other security personnel, including police involvement in beatings, detention under extremely harsh conditions, and torture (including by electric shock and by having hands and feet shackled and linked with crossed steel chains) (see Sections 1.a and 1.c.). Various sources report that approximately 100 or more Falun Gong adherents died during the year while in police custody; many of their bodies reportedly bore signs of severe beatings and/or torture, or were cremated before relatives could examine them (see Section 1.c.). Gao Xianmin died in police custody on January 17, 2000. Credible reports indicate that Gao, who was detained with a group of fellow practitioners in Guangzhou on December 31, 1999, was tortured while in custody, including by having high-density salt water forced into his stomach. Police gave no explanation for his death. On February 17, 60-year-old Chen Zixiu was detained in Weihai, Shandong Province, as she attempted to travel to Beijing to join peaceful protests there. Over the next several days, her family received word from another detainee that Chen was being beaten. On February 21, local police informed the family that Chen had died. According to family members, her body was covered with bruises and her teeth and nose were broken. According to press reports, Zhou Zhichang, a practitioner imprisoned in Heilongjiang Province since September 1999, died in custody in May 2000, after an 8-day hunger strike. Practitioners Li Zaiji and Wang Paisheng died in custody during the first 2 weeks of July, according to one NGO. One practitioner reportedly died after a feeding tube was mistakenly inserted into her lung rather than her stomach.

Practitioners defied ongoing government efforts to prevent them from protesting in Beijing. Protests (by individuals or small groups of practitioners) at Tiananmen Square occurred almost daily. Demonstrations also continued around the country. Police quickly broke up demonstrations, often kicking and beating protestors, and detained them. Most protests were small and short-lived as expanded police units quickly detained anyone who admitted to being or appeared to be a practitioner. Hundreds of practitioners reportedly were arrested at Tiananmen Square in February during lunar New Year protests, forcing a brief closure of the Square. Large numbers were arrested while protesting on March 5 (opening of the National People's Congress), April 25 (the anniversary of the 1999 Zhongnanhai demonstration), and May 11 (reportedly Falun Gong founder Li Hongzhi's birthday). Hundreds of Falun Gong practitioners were detained after peaceful protests in Tiananmen Square during the week of July 22, the anniversary of the Government's ban on the group. Despite a heavy security presence, on October 1, the anniversary of the founding of the PRC, hundreds, and perhaps more than 1,000, peacefully protesting practitioners were again arrested in Tiananmen Square, forcing a brief closure of the square. The press, in an unprecedented move, stated that the groups caused disturbances lasting 40 minutes. The Government later labeled Falun Gong a reactionary group attempting to subvert the State. On October 26, another mass protest marking the anniversary of the passage of 1999's Anti-cult Law was held at Tiananmen Square; more than 100 Falun Gong practitioners reportedly were detained. Many reportedly were beaten. Over the next few days, many more practitioners were arrested in Tiananmen Square. An estimated several hundred Falun Gong practitioners were also detained after protesting in Tiananmen Square over the 1999-2000 New Year holiday; many were beaten during their arrests.

Authorities also briefly detained foreign practitioners (however, it remains unclear whether the authorities were aware that such persons were foreigners). For example, in February, a U.S. citizen practitioner was detained for 3 days. In November, another foreign citizen was sentenced to 3 years of reeducation through labor for Falun Gong activities. On November 23, Falun Gong practitioner and foreign resident Teng Chunyan was tried on charges of providing national security information to foreigners, reportedly for providing foreigners with information about the Government's campaign against Falun Gong. On December 12, she was sentenced to 3 years of reeducation-through-labor. Several foreign reporters also were detained briefly on April 25, after having taken photographs of police detaining Falun Gong demonstrators on Tiananmen Square. Foreign tourists routinely had their film and videotape confiscated after recording (often inadvertently) Falun Gong detentions.

According to credible reports, authorities have confined some practitioners to psychiatric hospitals. AI reported that, on January 20, a Changguang Police Station spokesman confirmed that about 50 "extremist" Falun Gong practitioners had been placed in a psychiatric hospital near Beijing and cited reports from Falun Gong practitioners that the practitioner's families were asked for fees to cover living expenses in the hospital.

According to the local press, in November several persons accused of printing and distributing Falun Gong literature were arrested in Chaoyan, Liaoning Province. According to Amnesty International, two sisters, Li Xiaobing and Li Xaiomei, who owned a bookstore were sentenced on January 28 to 7 and 6 years in prison, respectively. They reportedly had been arrested in July 1999, just prior to the ban on Falun Gong, were held incommunicado without charge for 3 months, and were tried in secret. Many others have been arrested and sentenced to prison terms or terms of reeducation through labor for providing information about the crackdown on Falun Gong or abuses against Falun Gong practitioners to others, including the foreign media (see Sections 1.f. and 2.a.).

There have been reports that Falun Gong practitioners are no longer able to obtain passports. ...

d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation

... The Government places other restrictions on freedom of movement, and it toughened these restrictions during the year, especially before politically sensitive anniversaries and to forestall Falun Gong demonstrations.

As part of the crackdown on Falun Gong, authorities tried to prevent practitioners from traveling to Beijing, particularly in July and in October (see Section 2.c.). ...

Some Falun Gong members reportedly had difficulty in obtaining passports during the year, but this does not appear to be a national policy. ...