URGENT ACTION APPEAL
- From Amnesty International USA
----------------------------------
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa01313.pdf
UA: 13/13
Issue Date: 24 January 2013
Country: China
CHINESE WOMAN FACES IMMINENT EXECUTION
A Chinese woman who killed her husband after suffering months of domestic
violence is at imminent
risk of execution, after exhausting all her appeals.
.
According to sources within China, Li Yan is currently held at Anyue County
Detention center in
Sichuan province, south-west China. Li Yan could be executed any day between
now and Chinese New
Year in early February. Li Yan's ex-husband, Tan Yong, abused her emotionally
and physically from
their marriage in early 2009. He frequently beat her, stubbed cigarettes out on
her face and during
the freezing Sichuan winters locked her outside on the balcony of their
apartment for several hours
with little clothing. On one occasion, he cut off one of her fingers.
Li Yan required hospital treatment for her injuries after one attack, and
contacted the authorities
several times including the police. However, they did not follow-up her
complaints, initiate
investigations or offer her any protection.
In late 2010, Li Yan beat her husband to death with a gun.
Li Yan was sentenced to death on 24 August 2011 by the Ziyang City Intermediate
People's Court for
intentional homicide under article 232 of the Chinese Criminal Code. She
appealed against the death
sentence but the Sichuan Provincial Higher People's Court upheld the verdict on
20 August 2012.
Despite Li Yan's testimonies about the abuse she suffered and evidence provided
by witnesses, the
court upheld the death sentence. Her last appeal to the Supreme People's Court
in Beijing was
dismissed.
Please write immediately in Chinese or your own language:
-Urging the Chinese authorities not to implement Li Yan's death sentence;
-Calling on them to ensure that Li Yan has access to her family;
-Urging the National People's Congress to introduce a legal procedure for
requesting clemency in
line with China's obligations under international human rights law;
-Urging the Chinese authorities to take all allegations of domestic violence
seriously, conduct
effective investigations and, where there is sufficient admissible evidence,
prosecute suspects in
fair trials.
PLEASE SEND APPEALS BEFORE 7 MARCH 2013 TO:
Supreme People's Court President
WANG Shengjun Yuanzhang
Zuigao Renmin Fayuan
27 Dongjiaomin Xiang
Beijingshi 100745
PEOPLE'S REPUBLIC OF CHINA
Fax: 011 86 10 65292345
Salutation: Dear President
National People's Congress Standing Committee Chairman
WU Bangguo Weiyuanzhang
Quanguo Renda Changwu Weiyuanhui Bangongting
23 Xijiaominxiang, Xichengqu
Beijingshi 100805
PEOPLE'S REPUBLIC OF CHINA
Email: t...@npc.gov.cn (please send attachment only)
Salutation: Dear Chairman
And copies to:
HU Jintao Guojia Zhuxi
The State Council General Office
2 Fuyoujie, Xichengqu
Beijingshi 100017
PEOPLE'S REPUBLIC OF CHINA
Fax: 011 86 10 63070900
Salutation: Dear President
Ambassador
Zhang Yesui
Embassy of the People's Republic of China
3505 International Place, NW, Washington DC 20008, USA
Tel: 202 495-2266
Fax: 1 202 495-2138
Email: chinaembpress...@mfa.gov.cn
Please check with your section office if sending appeals after the above date.
ADDITIONAL INFORMATION
Violence against women, including domestic violence, is a violation of human
rights and is a form of
discrimination under the UN Convention on the Elimination of all Forms of
Discrimination Against
Women, to which China is a party. Under the Convention, China is obliged to
exercise due diligence
to prevent violence against women and to effectively investigate all
allegations of such violence
and prosecute the suspects in fair trials, whether they are state actors or
private actors like Li
Yan's husband. China is also required to ensure reparations, including
compensation to victims of
violence like Li Yan (Committee on the Elimination of all Forms of
Discrimination Against Women,
General Recommendation 19, A/47/38 (1992)).
In January 2007, the practice of having the Supreme People's Court (SPC) review
all death sentences
was restored. It had been suspended in 1982. All death sentences must now be
reviewed by the SPC,
which has the power to approve death sentences or remand cases for retrial.
Amnesty International has serious concerns about the fairness of trials in
death penalty cases.
There are also significant gaps between the law, practice and international
commitments made by
China to uphold international fair trial standards. There is also limited
access to legal counsel
and the police often extract confessions through torture or other ill-treatment.
The SPC's review process is not transparent and there are no clemency
procedures for condemned
prisoners after they have exhausted their appeals through the courts. Article
6(4) of the
International Covenant on Civil and Political Rights, which China has signed
but not ratified,
grants the right to anyone sentenced to death to seek pardon or commutation of
the sentence.
The death penalty is applicable to at least 55 offenses in China. Although the
government eliminated
13 crimes punishable by death in 2011, it retains the death penalty for many
non-violent crimes,
including corruption and drugs related offenses. The Chinese authorities have
reported a drop in
executions since the SPC resumed this review but have declined to release
relevant statistics which
remain classified as a state secret. Legal academics and court officials in
China have occasionally
been quoted estimating the decrease at between 10–15 per cent each year since
2007. As information
on the application of the death penalty remains shrouded in secrecy in China,
it is impossible to
make a full and informed analysis of death penalty developments, or to verify
if there has been such
a reduction in its use. Amnesty International estimates that China executes
thousands of people
every year and certainly more than the rest of the world combined.
Name: Li Yan (f)
Issues: Death penalty, Imminent execution, Unfair trial
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Amnesty International is a worldwide grassroots movement that promotes and
defends human rights.
This Urgent Action may be reposted if kept intact, including contact
information and stop action
date (if applicable). Thank you for your help with this appeal.
Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: u...@aiusa.org
http://www.amnestyusa.org/uan
Phone: 202.509.8193
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
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