[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 199 Engrossed in House (EH)]
In the House of Representatives, U.S.,
June 25, 2003.
Whereas according to the United States 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 2002 Country Reports on Human Rights Practices in
China, ``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, prodemocracy
activist, and President of the Foundation for China in the 21st Century,
is an alien lawfully admitted for permanent residence into the United
States;
Whereas Dr. Yang Jianli has been detained incommunicado by the Government of the
People's Republic of China since April 26, 2002, when he was arrested
for reportedly entering China with false or incomplete identity
documents;
Whereas according to the United Nations Commission on Human Rights Resolution
1997/38, ``prolonged incommunicado detention may . . . itself constitute
a form of cruel, inhuman, or degrading treatment'', which is prohibited
by international law;
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;
Whereas on May 7, 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 on Human Rights and of Article 9 of the International
Covenant on Civil and Political Rights''; and
Whereas the arbitrary imprisonment and the violation of the human rights of
United States citizens and permanent resident aliens by the Government
of the People's Republic of China are sources of continuing, grave
concern to the House of Representatives: Now, therefore, be it
Resolved, That--
(1) the House of Representatives--
(A) condemns and deplores the incommunicado detention of Dr.
Yang Jianli, and calls for his immediate and unconditional
release;
(B) condemns and deplores the lack of due process afforded
to Dr. Yang;
(C) strongly urges the Government of the People's Republic
of China to respond to the repeated requests by Members of the
House of Representatives for information about Dr. Yang's
whereabouts and condition; and
(D) 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; and
(2) it is the sense of the House of Representatives that the United
States--
(A) should make the immediate release of Dr. Yang Jianli by
the Government of the People's Republic of China a top concern
of United States foreign policy;
(B) should continue to make every effort to assist Dr. Yang
Jianli and his family while discussions of his release are
ongoing;
(C) should make it clear to the Government of the People's
Republic of China that the detention of United States citizens
and permanent resident aliens and the infliction of human rights
violations on these groups are not in the interest of the
Government of the People's Republic of China because they create
obstacles to improved bilateral relations and cooperation with
the United States; and
(D) should reiterate the deep concern of the United States
regarding the continued imprisonment of Dr. Yang Jianli and
other United States citizens and permanent resident aliens whose
human rights are being violated, and discuss their legal status
and immediate humanitarian needs with the Government of the
People's Republic of China.
Attest:
Clerk.