IN THE HOUSE OF REPRESENTATIVES         

APRIL 11, 2003         

RESOLUTION

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, pro-democracy activist, and President of the Foundation for China in the 21st Century, is an alien lawfully admitted for permanent residence into 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, ‘‘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; and Whereas the arbitrary imprisonment of United States citizens and permanent resident aliens by the Government of the People’s Republic of China, and its continuing violations of their fundamental human rights, demands a forceful response by the Congress and the President of the United States: 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;
	(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 President --
	(A) should 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;
	(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 Govern- ment of the People’s Republic of China 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 op- portunities for cooperation between the Untied States and the People’s Republic oif China on other matters; and
	(D) should immediately send a special, high-ranking representative of the United States Government to the People’s Republic of China to 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 to discuss their legal status and immediate humanitarian needs.

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Source: "yangjianli.com".