[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 199 Introduced in House (IH)]






108th CONGRESS
  1st Session
H. RES. 199

Calling on the Government of the People's Republic of China immediately 
    and unconditionally to release Dr. Yang Jianli, calling on the 
  President of the United States to continue working on behalf of Dr. 
          Yang Jianli for his release, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2003

 Mr. Frank of Massachusetts (for himself, Mr. Lantos, Mr. Smith of New 
     Jersey, Mr. Capuano, Mr. Cox, Mr. Delahunt, Mr. McGovern, Mr. 
  Abercrombie, Mr. Olver, Mr. Rohrabacher, Mr. Markey, and Mr. Pitts) 
submitted the following resolution; which was referred to the Committee 
                       on International Relations

_______________________________________________________________________

                               RESOLUTION


 
Calling on the Government of the People's Republic of China immediately 
    and unconditionally to release Dr. Yang Jianli, calling on the 
  President of the United States to continue working on behalf of Dr. 
          Yang Jianli for his release, and for other purposes.

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, pro-democracy 
        activist, and President of the Foundation for China in the 21st Century, 
        is an alien lawfully admitted for permanent residence into the United 
        States who has been detained incommunicado by the Government of the 
        People's Republic of China since April 26, 2002;
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; and
Whereas the arbitrary imprisonment of United States citizens and permanent 
        resident aliens by the Government of the People's Republic of China, and 
        its continuing violations of their fundamental human rights, demands a 
        forceful response by the Congress and the President of the United 
        States: 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 President--
                    (A) should make the immediate release of Dr. Yang 
                Jianli by the Government of the People's Republic of 
                China a top priority 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, 
                is not in the interests of the Government of the 
                People's Republic of China because it will reduce the 
                opportunities for cooperation between the Untied States 
                and the People's Republic oif China on other matters; 
                and
                    (D) should immediately send a special, high-ranking 
                representative of the United States Government to the 
                People's Republic of China to 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 to discuss their legal 
                status and immediate humanitarian needs.
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