(Clearwisdom.net) The Falun Gong Human Rights Working Group has received an investigation report from the United Nations Arbitrary Arrest Working Group regarding Falun Gong practitioner Ms. Qiu Minghua who was subjected to illegal arrest by the CCP.
The case of Ms. Qiu Minghua was submitted to the United Nations at the end of 2004 by the Falun Gong Human Rights Working Group. After over a year's investigation, the United Nations made a final verdict regarding the persecution case of Qiu Minghua.
The announcement from the United Nations Arbitrary Arrest Working Group:
Ms. Qiu Minghua, citizen of China, is living in Wuzhong District, Suzhou, Jiangsu Province. On November 25, 2004, at about 1p.m. officers from the Suzhou Police Department entered the apartment of Ms. Qiu and her husband. Ms. Qiu was away from home at the time. In the presence of Ms. Qiu's husband, they searched the apartment until approximately 5p.m. and seized several items, among them a computer, a printer, toner cartridges, mobile phones, telephone directories and an address book. Between 2 p.m. and 3 p.m. of the same day, Ms. Qiu returned to the apartment. The police detained Ms. Qiu and took her to the Detention House No. 1 of the Suzhou Public Security Bureau, located in Lumu Town, Xiangcheng District of Suzhou, where she remained in detention. Police authorities informed Ms. Qiu that her detention was in connection with her affiliation with Falun Gong. However, they did not present an arrest warrant, detention order, or any other written document justifying the detention.
The Working Group received the complaint, and forwarded to the Chinese Government a copy of record concerning Ms. Qiu Minghua.
The Working Group made an observation report after obtaining the information source provided by the Chinese Government. The Working Group rendered an opinion on the facts and circumstances of the case, in the context of the allegations made.
The source alleges that the detention of Ms. Qiu is arbitrary because it is devoid of a legal basis. She did not receive a written order for her detention. She cannot contact legal counsel, and consequently she cannot challenge the lawfulness of her detention. It was also said that the repression of Falun Gong is so harsh that no one dares to assist Ms. Qiu.
The source argues that Ms. Qiu's detention results from the exercise of her right to freedom of thought, conscience and religion, protected by article 18 of the Universal Declaration of Human Rights, and of her right to freedom of expression, protected by article 19.
Commenting on the allegations, the Chinese Government replied that Qiu Minghua was detained on November 26, 2004 on suspicion of using a sect to hamper law enforcement. She was arrested in accordance with the law. The case is undergoing further investigation. The actions in the present case have been strictly guided by the Chinese Penal Code, Code of Criminal Procedure and so forth. There is no question of any 'arbitrary detention.' Qiu Minghua's legitimate rights are being safeguarded as the law requires.
The Working Group can see from the Chinese Government's reply that Ms. Qiu was in fact arrested in November 2004 and that she was still in detention on May 12, 2005 (date of the Chinese Government's reply). It is also clear from the statement made by the Chinese Government that the legal ground on which Ms. Qiu's deprivation of liberty is based on the criminal law. Yet not even the Government contests that no warrant was shown to her upon arrest, and that she has been and is being prevented from contacting a defense lawyer. According to the analysis in the context of the circumstances of the case, the Working Group believed that the detention of Ms. Qiu is arbitrary detention, and is against international law.
"The Government's information is unambiguous in that Ms. Qiu is being proceeded against because of her affiliation with Falun Gong. Referring to the allegation of the source that Ms. Qiu is being persecuted because of her religious convictions, the Government argues that Falun Gong is not a religion, but rather an anti-social and anti-scientific sect."
The Working Group reiterated that international law ensures everyone the right to freedom of thought, conscience or religion (Universal Declaration of Human Rights, art. 18). Therefore, to render an opinion in this case, the Working Group is not called upon to take a position on whether Falun Gong is a religion, a religion denomination, a sect of a belief. Freedom of religion or belief itself cannot be subjected to any restriction; only the manifestation of that freedom can be limited by law, to the extent strictly necessary to protect public safety, order, health or morals, or the fundamental rights and freedom of others. Any restriction shall, however, be justified by a reasoned presentation of the grounds and the cause of that restriction. In the case under review, the Government failed to adduce any argument explaining why and how Ms. Qiu's affiliation with, or profession of, the ideas or principles of Falun Gong was or could have been detrimental to the society as a whole, or to other individuals. A general reference to the dangers of practicing Falun Gong did not convince the Working Group that in the context of this particular case that deprivation of liberty imposed on Ms. Qiu is necessary and, if so, is proportionate to the aim pursued.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Ms. Qiu Minghua is arbitrary, being in contravention of article 9 and article 18 of the Universal Declaration of Human Rights, and falls under categories II and III of the categories applicable to the consideration of the cases submitted to the Working Group.
Consequent upon the opinion rendered, the Working Group requests the Government to take necessary steps to remedy the situation of Ms. Qiu.
Provided by Falun Gong Human Rights Working Group.
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