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 Prac-
tices in China, the Government of the People’s Republic
of China has ‘‘continued to commit numerous and serious
[human rights] abuses’’, including ‘‘instances of . . . ar-
bitrary arrest and detention, lengthy incommunicado de-
tention, and denial of due process’’;
Whereas according to the 2002 Country Reports on Human
Rights Practices in China, ‘‘the country’s criminal proce-
dures were not in compliance with international stand-
ards’’, ‘‘the lack of due process in the judicial system re-
mained a serious problem’’, and ‘‘authorities routinely
violated legal protections in the cases of political dis-
sidents’’;
Whereas Dr. Yang Jianli, an internationally renowned schol-
ar, prodemocracy activist, and President of the Founda-
tion 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 docu-
ments;
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Whereas according to the United Nations Commission on
Human Rights Resolution 1997/38, ‘‘prolonged incommu-
nicado detention may . . . itself constitute a form of
cruel, inhuman, or degrading treatment’’, which is pro-
hibited 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 deten-
tion 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 Repub-
lic 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 im-
mediate 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 Peo-
ple’s Republic of China to respond to the repeated
requests by Members of the House of Representa-
tives for information about Dr. Yang’s whereabouts
and condition; and
(D) strongly urges the Government of the Peo-
ple’s Republic of China to consider the implications
for the broader relationship between the United
States and the People’s Republic of China of de-
taining permanent resident aliens of the United
States without providing them access to legal coun-
sel 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 Re-
public of China a top concern of United States for-
eign policy;
(B) should continue to make every effort to as-
sist Dr. Yang Jianli and his family while discus-
sions 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 Gov-
ernment 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 imprison-
ment 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.