[Congressional Record Volume 150, Number 61 (Wednesday, May 5, 2004)]
[House]
[Pages H2614-H2617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SENSE OF CONGRESS REGARDING ARBITRARY DETENTION OF DR. WANG
BINGZHANG
Mr. BURTON of Indiana. Mr. Speaker, I move to suspend the rules and
agree to the concurrent resolution (H. Con. Res. 326) expressing the
sense of Congress regarding the arbitrary detention of Dr. Wang
Bingzhang by the Government of the People's Republic of China and
urging his immediate release.
The Clerk read as follows:
H. Con. Res. 326
Whereas Dr. Wang Bingzhang is a permanent resident of the
United States and his sister and daughter are United States
citizens;
Whereas Dr. Wang received his Ph.D. at McGill University in
Canada in coronary-arterial research and is a well-respected
leader
[[Page H2615]]
of the overseas Chinese pro-democracy movement and the
founder of China Spring magazine;
Whereas Dr. Wang is currently serving a life sentence in
prison in the People's Republic of China and is suffering
from gastritis, varicose veins, phlebitis, and depression;
Whereas Dr. Wang was abducted in northern Vietnam in June
2002 after meeting with a Chinese labor activist;
Whereas Dr. Wang was driven to the border between Vietnam
and the People's Republic of China and forced back to China
by boat;
Whereas Dr. Wang was blindfolded and bound and held in
various places in Guangxi Province and his captors demanded a
$10,000,000 ransom, which Dr. Wang was unable to pay;
Whereas Dr. Wang although provided his captors with the
names and telephone numbers of his relatives, they were never
contacted;
Whereas Dr. Wang was finally taken to a Buddhist temple in
Fangchenggang City in southern Guangxi Province where his
abductors unexpectedly left and moments later he was
``rescued'' by the Chinese police;
Whereas Dr. Wang was detained by the Chinese police and
then transported to Nanning, the capital of Guangxi Province;
Whereas Dr. Wang was held incommunicado for six months,
during which time the Government of the People's Republic of
China denied any knowledge of his whereabouts;
Whereas on December 4, 2002, the Chinese Government
reversed itself, admitting that Dr. Wang had been in its
custody since July 3, 2002;
Whereas on December 5, 2002, Dr. Wang was charged with
``offenses of espionage'' and ``the conduct of terrorist
activities'';
Whereas on January 22, 2003, Dr. Wang was tried by the
Intermediate People's Court in the city of Shenzhen in
Guangdong Province;
Whereas Dr. Wang's trial lasted only half a day and was
closed to the public because the Chinese Government indicated
that ``state secrets'' might be revealed, thereby precluding
family members, supporters, and reporters from attending;
Whereas at the trial, Dr. Wang declared himself innocent of
all charges;
Whereas at the trial, the Chinese Government refused to
release any evidence of Dr. Wang's wrongdoing;
Whereas at the trial, Dr. Wang was denied the right to due
process, specifically the right to the presumption of
innocence, the right to adequate time and facilities to
prepare for his own defense, the right to a fair trial before
an independent and impartial tribunal, the right to call
witnesses on his own behalf, the right to cross-examine
witnesses testifying against him, and in general, the lack of
other due process guarantees that would ensure his adequate
defense and a full hearing;
Whereas Dr. Wang's trial represented the first time the
Chinese Government had brought charges against a pro-
democracy dissident under its new terrorism laws;
Whereas although Dr. Wang was convicted and sentenced to
life in prison on February 10, 2003, Dr. Wang's lawyers
stated that there was insufficient evidence to convict him;
Whereas Dr. Wang's lawyers immediately appealed the court's
verdict, but the appeal was rejected on February 28, 2003;
Whereas a human rights petition was submitted on Dr. Wang's
behalf to the United Nations Arbitrary Working Group of the
Office of the United Nations High Commissioner for Human
Rights;
Whereas the petition claimed that Dr. Wang was being
arbitrarily detained and that the judicial standards employed
in his trial fell far short of internationally recognized
standards for judicial proceedings under provisions of the
United Nations Universal Declaration of Human Rights;
Whereas in its opinion, the United Nations Working Group
noted that Dr. Wang is an internationally recognized pro-
democracy activist as opposed to the Chinese Government's
characterization of Dr. Wang as an individual who advocates
violence and suggests the use of methods such as kidnapping
and bombings to achieve his goals, and that Dr. Wang had
boasted of carrying out many violent terrorist activities;
Whereas in its opinion, the United Nations Working Group
further noted that the Chinese Government offered ``no
evidence of any specific occasion on which Wang made the
alleged calls to violence'' and that ``[o]ther than the
kidnapping of which Wang himself was a victim, as the
Government itself acknowledges, no information has been given
about other kidnappings or acts of violence initiated by
Wang'';
Whereas in its opinion, the United Nations Working Group
further stated that ``Wang, during his first five months in
detention, did not have knowledge of the charges, the right
to legal counsel, or the right to judicial review of the
arrest and detention; and that, after that date, he did not
benefit from the right to the presumption of innocence, the
right to adequate time and facilities for defense, the right
to a fair trial before an independent and impartial tribunal,
the right to a speedy trial and the right to cross-examine
witnesses'';
Whereas in conclusion, the United Nations Working Group
declared that ``the detention of Wang Bingzhang is arbitrary,
being in contravention of articles 9, 10 and 11 of the
Universal Declaration of Human Rights'' and requested ``the
[Chinese] Government to take the necessary steps to remedy
the situation of Wang Bingzhang and bring it into conformity
with the standards and principles set forth in the Universal
Declaration of Human Rights'';
Whereas the United States Congressional-Executive
Commission on China made the following recommendation in its
2003 annual report: ``The President and the Congress should
increase diplomatic efforts to hold the Chinese government to
[its commitments on human rights matters during the December
2002 U.S.-China human rights dialogue], particularly the
release of those arbitrarily detained'';
Whereas the report also stated the following: ``The Chinese
[G]overnment has also taken advantage of the global war on
terrorism to persecute . . . political dissidents. In
February 2003, Wang Bingzhang, a U.S. permanent resident and
veteran pro-democracy activist, was convicted of `leading a
terrorism organization' and `spying' and sentenced to life
imprisonment''; and
Whereas the report finally noted that ``[i]n July 2003, the
UN Working Group on Arbitrary Detention declared that Wang's
arrest and imprisonment violated international law'': Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that--
(1) Dr. Wang Bingzhang, a permanent resident of the United
States, is being arbitrarily detained in the People's
Republic of China in violation of international law;
(2) the United States Government should request the
Government of the People's Republic of China to release Dr.
Wang, permitting him to immediately return to the United
States; and
(3) the President should make the immediate release of Dr.
Wang by the Government of the People's Republic of China a
top priority of United States foreign policy.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Burton) and the gentleman from California (Mr. Lantos)
each will control 20 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Burton).
General Leave
Mr. BURTON of Indiana. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the concurrent
resolution that is under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of this concurrent resolution
sponsored by the gentlewoman from California (Mrs. Napolitano)
expressing the indignation of the Congress over the continued arbitrary
detention of Dr. Wang Bingzhang by the Government of the People's
Republic of China. In recent years, we have all noted Beijing's pattern
of using trumped-up charges to arrest and detain Chinese academics and
democracy proponents who live outside China during their visits back to
their ancestral homeland.
In Dr. Wang's case, however, Beijing has gone one step further in its
attempt to muzzle the overseas Chinese community through tactics of
fear and intimidation. Dr. Wang was not detained within the borders of
China itself. He was instead kidnapped, abducted during a visit to
Vietnam, bound and blindfolded, and forcibly transported across the
border between Vietnam and China in a clear violation of international
law. This case serves to demonstrate that despite historic differences,
the communist regimes in Hanoi and Beijing are willing to make common
cause when it comes to suppressing the voices of the advocates of
democratic reform. This is common among communist brotherhood.
The People's Republic of China's legal transgressions and abuses in
this case are so egregious that the United Nations, despite its
sensitivity to Beijing's status as a permanent member of the Security
Council, declared that the detention of Dr. Wang is a contravention of
the Universal Declaration of Human Rights.
Beijing has further attempted to manipulate heightened post-September
11 international concerns over terrorism by charging Dr. Wang with
``the conduct of terrorist activities'' due to his advocacy of labor
rights in China. The Working Group of the Office of the United Nations
High Commissioner for Human Rights, however, has rendered a finding
that the Chinese government has offered ``no evidence of any specific
occasion on which Dr. Wang made the alleged calls to violence,''
further noting that Dr. Wang himself was a victim
[[Page H2616]]
of kidnapping by the very Chinese authorities who have accused him.
Such false labeling of a victim of abduction as a terrorist is a
cynical maneuver which demeans the memory of the victims of genuine
terrorist attacks throughout the world. This is a perfect example of
some of the things that the Chinese communists do that is just
unthinkable, and the world should condemn them for that.
Beijing's border controls not only include cases of bringing people
forcibly back into China, as with the case of Dr. Wang and the group of
Tibetan refugees who were forcibly repatriated by the Chinese
communists in Nepal last year. Beijing also seeks to forcibly keep
people from leaving. We have heard that before. Remember the Berlin
Wall? The People's Republic of China crossed a new line of inhumanity
on the borders last month when, according to a reliable NGO report,
Chinese border guards shot in the back and killed a North Korean
refugee as he was attempting to cross into Mongolia, where he would
have received safe haven and have been free. It reminds us of the
Berlin Wall and the German border guards shooting to kill refugees when
all they wanted was freedom.
I say here today: Beijing, tear down the walls of oppression, of
arbitrary abduction of democracy advocates, and of victimization of
refugees on the run who cannot defend themselves.
First, let Dr. Wang go. He is suffering in prison from serious
medical conditions. He never had any intention of entering China's
territory, and he needs to return to his waiting family, who misses him
dearly here in the United States. And second, lift the bamboo curtain
of intimidation directed at both its own citizens inside China and the
overseas Chinese community which is calling for political as well as
economic reform in their homeland.
China has undergone profound change in the last 2 decades. Beijing
has increasingly sought, through such actions as participation in
international peacekeeping and through hosting the 2008 Olympic Games,
to take its place among the advanced countries of the world. But China
cannot truly be a great nation until Beijing ends its systematic
suppression of individual human rights such as clearly demonstrated in
the case of Dr. Wang Bingzhang.
Mr. Speaker, it is hard to believe that a country that is
economically as strong as China is would stoop to shooting a person in
the back who wants to gain freedom just to stop them from getting out
of their country, and it boggles my mind that China would actually go
into Vietnam, kidnap somebody, blindfold them, and take them forcibly
back to China when all they wanted was to see freedom and labor rights
in China, and keeping this gentleman from his family, I think, is just
unthinkable. So if anybody in the Chinese embassy is paying attention,
this is something they should address very quickly and get this man
back home to his family.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
I strongly support this important resolution, and I urge all of my
colleagues to do so as well.
I first would like to acknowledge the excellent work on this
resolution of the gentlewoman from California (Mrs. Napolitano). I
would also like to express my appreciation to the gentleman from
Indiana (Mr. Burton); the gentleman from Iowa (Mr. Leach), subcommittee
chairman; and the gentleman from Illinois (Mr. Hyde), the chairman of
our full committee for their strong support of this measure.
Mr. Speaker, the litany of human rights abuses conducted by the
Chinese government on its own citizens is nothing new to Members of
this House. This resolution, however, calls our attention to a case
where China's complete disregard for human rights and the rule of law
has been brought to new heights.
Having completely suppressed dissent at home, the Chinese government
has actually begun kidnapping Chinese dissidents abroad to be brought
to China for persecution.
In June, 2002, Dr. Wang Bingzhang, a permanent resident of the United
States and the leader in the overseas Chinese democracy movement, was
in Vietnam to meet with Chinese labor leaders. Dr. Wang was kidnapped
from Vietnam, forced over the border into China, and eventually jailed
by the Chinese government. He was held incommunicado for 6 months while
the Chinese authorities denied that they knew anything about his fate.
{time} 1815
Dr. Wang was then charged with espionage and terrorist activities,
though the government produced no evidence linking him to these
charges. He was prevented from calling witnesses to support his case,
to have sufficient time to prepare his defense and to cross-examine the
witnesses against him.
After this mockery of a trial, Dr. Wang was sentenced to life in
prison in February of 2003. His appeal was denied.
Mr. Speaker, the kidnapping, trial and conviction of Dr. Wang is an
outrageous violation of internationally recognized human rights. A
United Nations working group declared that the detention of Dr. Wang is
arbitrary and contravenes the universal declaration of human rights.
Dr. Wang is in poor health, and our resolution simply asks that he be
released so that he may return to his family here in the United States.
I strongly support passage of this resolution, and I urge all of my
colleagues to do so as well.
Mr. Speaker, I am delighted to yield 2 minutes to my good friend, the
gentlewoman from California (Mrs. Napolitano).
Mrs. NAPOLITANO. Mr. Speaker, I thank my gracious friend and
colleague, the gentleman from California (Mr. Lantos), the ranking
member on the committee, for yielding me time and thank the gentleman
from Indiana (Mr. Burton) for allowing this resolution to be brought to
the floor and heard.
Mr. Speaker, I am very, very concerned about this particular
individual. His daughter came to my office not quite a year ago asking
for us to take some action on behalf of her family. Yes, they are very
worried. They are very concerned. Because they cannot be in contact
with their family member, their father, they are not able to provide
him any kind of assistance, so they are incommunicado and are not able
to help this individual.
This particular case is a clear case of a violation of human rights
by the People's Republic of China. Dr. Wang, as you have heard, was
held for 6 months before they actually filed charges against him. He
was sentenced to life in prison on January 22, 2003, after, as you have
heard, a very abrupt, half-day trial where he was not allowed time to
prepare a defense, he was not allowed to cross-examine the government's
witnesses, he was not allowed to call any witnesses of his own, nor was
he allowed to provide his own defense.
To date, there has been no evidence to link him to the crimes he was
charged with, nor have they released him. It is no surprise that the
United Nations working group has declared this detention illegal.
I will include for the Record two articles that were printed on Dr.
Wang.
Today, while we go about our business of enjoying freedom and liberty
in the United States, it is inconceivable to us that a person such as
Dr. Wang would sit in a prison. He has not sent any communication to
his family, he has been allowed no visitors, and he has been denied
access to medical care.
Our government must continue to put international pressure on China
and many other countries to improve their human rights efforts.
Mr. Speaker, I thank my colleagues who cosigned this resolution and
urge this House to sign up for human rights and human decency. Please
vote ``yes'' on H. Con. Res. 326 and call on China to end its illegal
detention of Dr. Wang.
Mr. Speaker, I include the articles referred to earlier for the
Record.
[From Reuters News, Dec. 6, 2003]
China Activist Plans Hunger Strike During Wen Trip
Beijing.--A jailed Chinese dissident who spent years in the
United States plans to stage a hunger strike to coincide with
a trip by Chinese Premier Wen Jiabao to the United States, a
U.S.-based rights group said on Saturday. Wang Bingzhang, who
was handed a life sentence on terrorism and espionage charges
by a Chinese court in February, aimed to protest against his
solitary confinement at the Shaoguan prison in Guangdong
province, the Worldrights group said.
[[Page H2617]]
``From solitary confinement, Dr. Wang is calling on the
leaders of America to stand with him and to demand his
unconditional release,'' it is said in a statement.
Wen is due to meet with U.S. President George W. Bush early
next week to discuss trade and issues related to Taiwan,
which Beijing views as a renegade province, among others.
Wang, a U.S. green card holder in his mid-50s said by
family members to have renounced Chinese citizenship, was the
first democracy activist charged by China with terrorism and
espionage.
____
[From the South China Morning Post, Dec. 11, 2003]
Fears Grow for Health of Jailed Dissident
(By Verna Yu)
Imprisoned dissident Wang Bingzhang is on the brink of a
nervous breakdown due to the ``mental torture'' he has
suffered in jail, and is threatening to go on a hunger
strike, his brother says. Wang Bingwu, who visited his older
brother at a prison in Shaoguan, Guangdong, last Friday, said
he found the solitary confinement and mandatory ``political
education'' imposed three times a day increasingly difficult
to bear.
``He told me to tell the world that in order to end his
solitary confinement and mental torture, he would go on a
hunger strike,'' Mr Wang said in Hong Kong yesterday.
Critics say the so-called ``political education'' sessions
in mainland prisons typically include several hours of
brainwashing, forced self-criticism and confession of alleged
crimes.
He was arrested and convicted on espionage and terrorism
charges and given a life sentence in February. He was found
guilty of providing intelligence to Taiwan between 1982 and
1990. He and his family deny the charges.
Mr. Wang said his brotyher looked frail and was suffering
from stomach ailments and varicose ulcers. He said his
brother was given medicine in prison but was banned brom
taking other medication that his family brought from America.
Mr. LANTOS. Mr. Speaker, I am very pleased to yield 4 minutes to my
good friend, the distinguished gentleman from Ohio (Mr. Ryan).
Mr. RYAN of Ohio. Mr. Speaker, I thank the gentleman for yielding me
time.
I also want to thank the gentleman from Indiana (Mr. Burton) for his
leadership on this issue and a lot of other issues. Regardless of party
and regardless of what the political pressure is, the gentleman has
taken a stand; and being a new Member of Congress, I want to thank the
gentleman for an opportunity to be able to witness that up close.
Mr. Speaker, the issue of Dr. Wang is a very interesting one, for a
variety of reasons. The one reason that strikes me, and the gentleman
from Indiana alluded to this, is that he was meeting with a labor
activist. I find that very interesting, and I find this particular
situation a symptom of a larger disease that we are trying to deal
with.
They are saying there was a violation of three articles of the
Universal Declaration of Human Rights. There is obviously no longer a
Universal Declaration of Human Rights because countries like China do
not agree to this kind of standard that we have set.
So this man was trying to help organize labor in China and trying to
help bring some dignity and justice to the labor industry in China. It
is obvious that China does not want it, but I think it is becoming more
and more apparent that the major corporations in the United States who
do business in China do not want China to have labor standards either.
If citizens of the regime in China try to unionize, they will be
arrested, they will be beaten, they will be tortured. Many of the
workers are bonded workers that come from the farms and go in to work
in some of the factories. These people in China and the government of
China do not enforce the minimum wage standards that they have, nor
some of the safety rules that they have.
Why do they not want to do this? Because if they enforce these rules,
as the AFL-CIO has indicated to us, there would be a 10 percent to 77
percent increase in the cost of goods coming out of China. We do not
want to say that we want to raise prices, but I thought that this would
bring about global competition, and I thought we were going to spread
democracy. We want to lift the Chinese worker up. We want to lift them
up to live, hopefully, one day, with the standards that we have here in
the United States of America.
But just think, if this would happen, if there would be a 10 to 77
percent increase in the goods coming out of the Chinese market, the
U.S. worker would finally be able to compete, Mr. Speaker, would
finally be able to compete; and it would eliminate the problem we are
even having dealing with the currency right now, if we would have those
kinds of labor and human rights standards put in place.
I want to share a quote from the President of the United States when
he was in Cleveland, Ohio, on March 10, 2003. He said to the workers in
Ohio, ``Ohio workers, if given a level playing field, can outproduce
any worker anywhere on Earth,'' if we had a level playing field.
What we need to do is ask this administration to get tough on China.
A level playing field will not just fall out of the sky.
Then when we saw, and the AFL-CIO petitioned for, an opportunity to
try to fix the currency manipulation problems and some of the labor
rights problems, four Members of this administration's cabinet said
that the administration's efforts at diplomatic engagement with Beijing
on these two issues, currency and labor rights, would produce more
results than threatening punitive tariffs.
Efforts at diplomatic engagement? This is coming from an
administration that, when they walk the halls of the United Nations, it
is like a bull in a china shop. They have no diplomatic touch. We have
alienated all of our allies. Now we want to go and try to deal with
China with diplomacy, while they are abusing workers, while they are
abusing people, going to Vietnam to pick people up who are going to
help workers organize in China.
Something needs to be done, and something needs to be done now. I
appreciate the opportunity that the gentlewoman from California has
given me and the gentleman from California.
I rise in support of this; but, again, I think it is a symptom of a
larger problem that needs to be dealt with, and this administration and
this Congress need to continue to push China to enforce the human
rights that we have been exporting from this country for many, many
years and want to continue to export out of this country.
Mr. LANTOS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time as well.
The SPEAKER pro tempore (Mr. Cole). The question is on the motion
offered by the gentleman from Indiana (Mr. Burton) that the House
suspend the rules and agree to the concurrent resolution, H. Con. Res.
326.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________