[Congressional Record (Bound Edition), Volume 149 (2003), Part 12]
[Senate]
[Pages 16105-16106]
[From the U.S. 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 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

[[Page 16106]]

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.
  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.

                          ____________________