[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 184 Agreed to Senate (ATS)]
1st Session
S. RES. 184
Calling on the Government of the People's Republic of China immediately
and unconditionally to release Dr. Yang Jianli, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2003
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
July 25 (legislative day, July 21), 2003
Reported by Mr. Lugar, with amendments and an amendment to the preamble
[Omit the part struck through and insert the part printed in italic]
[Strike the preamble and insert the part printed in italic]
July 29 (legislative day, July 21), 2003
Considered, amended, and agreed to
_______________________________________________________________________
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.
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