[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 184 Reported in Senate (RS)]






                                                       Calendar No. 233
108th CONGRESS
  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]

_______________________________________________________________________

                               RESOLUTION


 
Calling on the Government of the People's Republic of China immediately 
and unconditionally to release Dr. Yang Jianli, and for other purposes.

<DELETED>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 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 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 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 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 forceful response by Congress and the President of the 
        United States: Now, therefore, be it
</DELETED>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--
        <DELETED>    (1) 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;</DELETED>
            (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, <DELETED>is not in the 
        interests of the Government of the People's Republic of China 
        because it </DELETED>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 <DELETED>whose human 
        rights are being violated; and</DELETED>;
            (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<DELETED>.</DELETED>; 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.




                                                       Calendar No. 233

108th CONGRESS

  1st Session

                              S. RES. 184

_______________________________________________________________________

                               RESOLUTION

Calling on the Government of the People's Republic of China immediately 
and unconditionally to release Dr. Yang Jianli, and for other purposes.

_______________________________________________________________________

                July 25 (legislative day, July 21), 2003

       Reported with amendments and an amendment to the preamble