[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.