H. Res. 199

In the House of Representatives, U.S.,

June 25, 2003.

Whereas according to the United States 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 2002 Country Reports on Human

Rights Practices in China, ‘‘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, prodemocracy activist, and President of the Foundation for China in the 21st Century, is an alien lawfully

admitted for permanent residence into the United States;

Whereas Dr. Yang Jianli has been detained incommunicado

by the Government of the People’s Republic of China

since April 26, 2002, when he was arrested for reportedly

entering China with false or incomplete identity documents;
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Whereas according to the United Nations Commission on

Human Rights Resolution 1997/38, ‘‘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;

Whereas on May 7, 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 on Human Rights and of Article 9

of the International Covenant on Civil and Political

Rights’’; and

Whereas the arbitrary imprisonment and the violation of the

human rights of United States citizens and permanent

resident aliens by the Government of the People’s Republic of China are sources of continuing, grave concern to

the House of Representatives: Now, therefore, be it

Resolved, That—

(1) the House of Representatives—

(A) condemns and deplores the incommunicado

detention of Dr. Yang Jianli, and calls for his immediate and unconditional release;
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(B) condemns and deplores the lack of due

process afforded to Dr. Yang;

(C) strongly urges the Government of the People’s Republic of China to respond to the repeated

requests by Members of the House of Representatives for information about Dr. Yang’s whereabouts

and condition; and

(D) 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; and

(2) it is the sense of the House of Representatives

that the United States—

(A) should make the immediate release of Dr.

Yang Jianli by the Government of the People’s Republic of China a top concern of United States foreign policy;

(B) should continue to make every effort to assist Dr. Yang Jianli and his family while discussions of his release are ongoing;

(C) should make it clear to the Government of

the People’s Republic of China that the detention of
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United States citizens and permanent resident

aliens and the infliction of human rights violations

on these groups are not in the interest of the Government of the People’s Republic of China because

they create obstacles to improved bilateral relations

and cooperation with the United States; and

(D) should reiterate the deep concern of the

United States regarding the continued imprisonment of Dr. Yang Jianli and other United States

citizens and permanent resident aliens whose

human rights are being violated, and discuss their

legal status and immediate humanitarian needs with

the Government of the People’s Republic of China.

Attest:

Clerk.