[Congressional Record Volume 149, Number 95 (Wednesday, June 25, 2003)]
[Senate]
[Pages S8575-S8577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 184--CALLING ON THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA IMMEDIATELY AND UNCONDITIONALLY TO RELEASE DR. YANG
JIANLI, AND FOR OTHER PURPOSES
Mr. KYL (for himself, Ms. Mikulski, Mr. Brownback, Mr. McCain, and
Mr. Allen) submitted the following resolution; which was referred to
the Committee on Foreign Relations:
S. Res. 184
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
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
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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) 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;
(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, 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 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 whose human rights are
being violated; and
(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.
Mr. KYL. Mr. President, I rise today to submit a resolution calling
on the government of the People's Republic of China to release Dr. Yang
Jianli, an internationally renowned scholar and pro-democracy activist,
who has been detained in China since April 2002 without access to legal
counsel, contact with his family, or a trial. Dr. Yang, a U.S.
permanent resident, is a mathematician and economist who lives in
Massachusetts. He heads the Foundation for China in the 21st Century, a
group that advocates democratization in China.
On June 3, the U.N.'s Working Group on Arbitrary Detention condemned
China's detention of Dr. Yang, finding that the Chinese government has
violated his rights as a citizen of China and as a resident of the U.S.
The panel declared that, ``The nonobservance of Dr. Yang'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 Article 9 of the International Covenant on Civil and
Political Rights.''
In recognition of the U.N. working group's conclusions, as well as
the Chinese government's blatant rejection of them, the State
Department officially called for Dr. Yang's release, stating, ``We are
particularly disturbed now by China's public rejection of an accepted
international process and the findings of the independent and impartial
panel of jurists, so we are urging China to comply fully with
international obligations that it has assumed, and we urge that Dr.
Yang be released and allowed to return to his wife and children in
Boston.''
The resolution that I am submitting with my colleagues goes hand-in-
hand with the State Department's support for Dr. Yang. It expresses the
sense of the Senate that the U.S. should: 1. make the immediate release
of Dr. Yang Jianli a top foreign policy priority; 2. make clear to the
Chinese government that the detention of U.S. citizens and permanent
residents is not in its best interests; and 3. express the deep concern
of the U.S. regarding the imprisonment of Dr. Yang and other U.S.
citizens and permanent residents, as well as discuss their legal status
and humanitarian needs.
I would like to note that a similar resolution--submitted by
Representatives Cox and Frank--is expected to be considered today by
the House of Representatives.
As I have stated repeatedly, if China wants to become a productive
and respected member of the international community, it must begin to
adhere to accepted norms of behavior. China's leaders seem to be
oblivious to the understanding that all people deserve certain basic
freedoms and that violation of such fundamental rights is an
appropriate concern of the United States and the world at large. We
should make clear that the Chinese government's continued detention of
Yang Jianli and others--in violation of these international norms--will
adversely impact our bilateral relations. Without such pressure, the
behavior of China's leaders is unlikely to change, and the voices of
those who have devoted their lives to the cause of freedom--like Yang
Jianli--will continue to be silenced.
I hope that my colleagues in the Senate will join me in strongly
supporting this resolution and in calling for Dr. Yang Jianli's
release.
Ms. MIKULSKI. Mr. President, I rise to join Senator Kyl in submitting
a resolution calling for the immediate release of Dr. Yang Jianli. Dr.
Yang Jianli. Dr. Yang is a democracy activist who has since been held
incommunicado in China for more than a year. Dr. Yang is being held in
violation of his human rights and international law. He should be freed
now.
Dr. Yang Jianli is a scholar and important democracy activist in his
home State of Massachusetts where he is founder and president of the
Foundation for China in the 21st Century. Jianli is a permanent United
States resident who continues to work for democracy in his native
China.
Dr. Yang was taken into custody when he returned to China on April
26, 2002. He has been held incommunicado since then. His family in
Massachusetts and Maryland are understandably concerned about his
welfare.
The U.S. Department of State has called for China to release Dr.
Yang. So has the United Nations Working Group on Arbitrary Detention.
The Chinese government refuses to admit to detaining this man
illegally. However, the U.N. Working Group on Arbitrary Detention says,
``The non-observance of Dr. Yang'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 of Civil and Political Rights.'' In other
words, the Chinese government never bothered to charge Yang Jianli with
a crime--they just locked him up and threw away the key.
We can assist by increasing the pressure of the Chinese government
and support the U.N. petition on Dr. Yang's behalf. Being deprived of
his basic human rights of access to legal counsel and contact with his
wife and children is wrong. When China wanted most-favored-nation trade
status, we heard a lot of lip service to human rights and democracy.
Dr. Yang Jianli's case shows the true face of China's government. They
locked him up because he wanted to speak out about democracy and human
rights.
I strongly urge the Chinese government to respond to the continual
requests for Yang's freedom by the United States government and human
rights groups around the world. The House is taking up a similar
resolution today. I hope that the Senate will act quickly to add our
voices in calling for freedom for Yang Jianli.
Mr. BROWNBACK. Mr. President, after more than a year of suffering
abuse and incommunicado detention, I urge this body to call for the
immediate and unconditional release of Chinese democracy activist, Dr.
Yang Jianli.
Dr. Yang, a permanent resident of the United States, a respected
scholar, a pro-democracy advocate, president of the Foundation for
China in the 21st Century, as well as a loving husband and father, is
now a prisoner and victim of shameless abuse by the Chinese government.
Following his participation in the 1989 Tiananmen Square pro-
democracy student protests, Dr. Yang was added to an unofficial
blacklist of expatriate Chinese dissidents. Upon his return to the
country in 2002, Dr. Yang was detained and has been denied access to
his family, legal counsel and due process.
The resolution submitted today in the Senate coupled with H. Res.
199, strongly calls for the release of Dr. Yang Jianli and condemns the
People's Republic of China for ongoing deplorable human rights abuses.
Clearly, it is not in their interest to deny human rights to any United
States citizen or U.S. permanent resident alien.
Let this also be an additional chance to voice our regret and deep
concern for the continual abuse of the people in China. Dr. Yang Jianli
understands this better than most. He has devoted his life to the cause
of democracy and freedom for the people for China and has been, once
again, silenced.
[[Page S8577]]
China must know and the world must know that denial of basic human
rights will no longer be tolerated. Dr. Yang is just one of the many,
who suffer daily under the harsh rule of those who refuse to embrace
democracy. We must let his story and his voice be heard for the
millions of others who can not speak out. Let us continue to pressure
the People's Republic of China and let us continue to stand for what is
right and just around the world.
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