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Police stop China environmentalist from seeking retrial

Legal appeal sent to UN for jailed Nobel winner
Washington (AFP) Nov 4, 2010 - Lawyers for China's Nobel Peace laureate Liu Xiaobo said Thursday they have sent an appeal to a UN panel in hopes it will find his imprisonment and his wife's house arrest to be illegal. The lawyers sent a petition to the UN Working Group on Arbitrary Detention which argues that Liu's detention violates both international law and China's own constitution, which guarantees freedom of expression. "Liu Xiaobo did not receive a fair trial and his wife, Liu Xia, did not have any opportunity to challenge her house arrest," said Maran Turner, executive director of Washington-based Freedom Now which is representing them for free. "We are submitting this to the UN to present them with a legal forum to challenge their detentions," Turner told AFP. "We urge the Chinese government to immediately release both Liu Xiaobo and Liu Xia from their illegal and unjust detentions," she said.

Liu, 54, was sentenced to 11 years in prison last December on subversion charges after co-authoring Charter 08, a petition calling for sweeping political reform that has been circulated online and signed by thousands. Liu Xia, a poet who has vocally supported her husband's work, was put under house arrest soon after the Nobel Peace Prize was announced in October. The UN panel, part of the Human Rights Council, is comprised of experts from around the world tasked with independently investigating cases of arbitrary detention around the world. Its findings have no binding power. It found last year that Myanmar was breaking its own law by detaining democracy leader Aung San Suu Kyi, who remains under house arrest.

Turner estimated that the response from the UN panel on Liu Xiaobo and Liu Xia would take eight to 10 months. China voiced outrage when Liu was awarded the Nobel Peace Prize, saying the move by the Norwegian committee was tantamount to "encouraging crime." Nobel laureates have joined forces in urging China to release Liu. In a recent opinion piece in The Washington Post, Archbishop Desmond Tutu and former Czech president Vaclav Havel said China should view Liu with pride as the first Chinese Nobel Peace laureate. US lawmakers and activists have urged President Barack Obama -- last year's Nobel Peace Prize winner -- to appeal for Liu's freedom when he meets his Chinese counterpart Hu Jintao on the sidelines of a summit in Seoul next week. Rights groups strongly criticized UN Secretary General Ban Ki-moon for not raising Liu's case on a recent visit to Beijing. The UN leader's spokesman countered that Ban raises human rights when the timing is "appropriate."

China said that French President Nicolas Sarkozy did not address Liu's case on Thursday when Hu began a state visit to Paris in which the two countries signed industrial deals worth 20 billion dollars. Beijing has in recent years criticized France for its advocacy of human rights, including Sarkozy's hesitation at attending the Beijing Olympics and his meeting with Tibet's exiled spiritual leader the Dalai Lama. Liu on Wednesday received another prize when New York-based Human Rights Watch bestowed on him the Alison Des Forges Award, named after a late expert on Rwanda's genocide. Human Rights Watch honored Liu and five others who "put their lives on the line to protect the dignity and rights of others." Renee Xia of Chinese Human Rights Defenders, a network of activists, accepted the award on Liu's behalf.
by Staff Writers
Beijing (AFP) Nov 4, 2010
Plainclothes police prevented a prominent Chinese environmentalist convicted of extortion in 2007 from requesting a retrial Thursday, blocking him inside China's top court, the activist said.

Wu Lihong, who has campaigned against the industrial pollution that has ravaged what was once one of the country's most scenic lakes, said he was kept from filing the necessary forms at the Supreme People's Court in Beijing.

"This has made me very angry," Wu told AFP, saying he was eventually able to flee the court.

"China has refused to allow me to seek a retrial. This is a violation of my rights and a violation of judicial procedure."

Wu, 42, was arrested in April 2007 and sentenced to three years on extortion charges after campaigning for years against pollution in Taihu lake, one of China's biggest freshwater lakes. He was released on April 12.

Wu has long proclaimed his innocence and insisted he was set up by the government of Yixing city, which was eager to protect the vibrant local industry from pollution controls.

Shortly after his arrest, a toxic algae bloom in Taihu lake contaminated water supplies for more than 2.3 million people in Wuxi city, which sits across the lake from Yixing, bringing nationwide attention to the issue.

Many of Wu's supporters said the toxic pollution, which turned large parts of Taihu Lake a murky green, should have led to the activist's release.

But instead, police allegedly beat him repeatedly during interrogation sessions in an effort to get him to confess to the extortion charges, something he adamantly refused to do, he said.

Wu had hoped to introduce the police beatings as evidence at his retrial.

"The plainclothes police prevented me from filling out the documents for the retrial," Wu said.

"They were all from Jiangsu. I was afraid they were going to take me into custody again, so I fled."

Since arriving in Beijing last week, Wu said he has been constantly trying to elude Jiangsu police, whom he feared would try to prevent him from going to the high court.

Taihu lake, which borders China's eastern Zhejiang and Jiangsu provinces, continues to be badly polluted but remains a major source of drinking water for the heavily populated area, which includes Shanghai.

earlier related report
Australia's Rudd, in China, calls for Nobel winner's release
Beijing (AFP) Nov 4, 2010 - Australian Foreign Minister Kevin Rudd has again called for the release of jailed Chinese Nobel peace laureate Liu Xiaobo, and indicated he would not shy away from raising the issue while in Beijing.

The visit to China by the Mandarin-speaking Rudd is his first since being ousted from office as prime minister in June and taking over as foreign minister in the new Labor government of Julia Gillard in September.

"In terms of this individual's incarceration, we do not believe that is appropriate or justified," Rudd said Wednesday in the Chinese capital, according to a transcript of his remarks released by his ministry.

"Secondly, consistent with statements we've made in Australia, this sentence should be brought to a termination and he should be released."

Liu, 54, was sentenced to 11 years in prison last December on subversion charges after co-authoring Charter 08, a petition calling for sweeping political reform that has been circulated online and signed by thousands.

He was awarded the Nobel Peace Prize last month, angering China, which said the honour was tantamount to "encouraging crime".

Chinese foreign ministry spokesman Hong Lei on Thursday reiterated Beijing's position, saying: "We oppose anyone making an issue out of this and oppose any attempt to interfere in China's internal affairs in any form."

Rudd did not say specifically when he would raise the issues with Chinese leaders during his visit to Beijing, though he hinted that it did not come up with his counterpart Yang Jiechi during an earlier stop in Shanghai.

"It's part of the normal exchange with China that matters of difficulty are raised and aired, as are the great interests we have in common," he said, noting that such relations could not always be "sweetness and apple pie".

"These sorts of questions will always be raised by me with appropriate Chinese leaders and there will be no difference on this score."

Ties between Canberra and Beijing became rocky earlier this year over the jailing of an Australian national working in China for mining giant Rio Tinto on charges of bribery and commercial espionage.

Rudd said he would adopt a "third way" approach to dealing with China -- "a constructive way, a positive way, a practical way of engaging our Chinese friends on all the interests we have in common".

Rudd is part of a major Australian diplomatic charm offensive in China -- he is one of four ministers to visit the world's second-largest economy this week.

China is Australia's major trading partner, with two-way trade expected to top 85 billion US dollars this year as the Asian giant seeks raw materials to feed its rapid industrialisation.

Resources exports to China helped Australia stare down recession during the global slump.



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SINO DAILY
Australia's Rudd, in China, calls for Nobel winner's release
Beijing (AFP) Nov 4, 2010
Australian Foreign Minister Kevin Rudd has again called for the release of jailed Chinese Nobel peace laureate Liu Xiaobo, and indicated he would not shy away from raising the issue while in Beijing. The visit to China by the Mandarin-speaking Rudd is his first since being ousted from office as prime minister in June and taking over as foreign minister in the new Labor government of Julia Gi ... read more







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