Legal Appeal: Cotler Condemns "the Continuing Criminalization of Innocence"

January 23, 2002

Cotler condemns "the continuing criminalization of innocence" in the Chinese imprisonment of ShenLi Lin, husband of Canadian citizen and Montreal resident, Jinyu Li.

Calls on Chinese authorities to release ShenLi Lin from "continuing illegal confinement" on January 23, 2002; and calls "abhorrent" the statement by head of Chinese National Police that "no Falun Gong practitioners will be released."

Montreal: - Mount Royal M.P. and McGill Law Professor Irwin Cotler, who has been acting pro bono as Legal Counsel to Montrealer Jinyu Li -- today characterized her husband's two year imprisonment --including the continuing illegal confinement after he was due to be released in July 2001- as the "criminalization of innocence." He added: "What we are witnessing, once again, is the criminalization of fundamental freedoms -- the freedoms of conscience and belief - of assembly and association -- of expression and opinion."

Cotler continued: "the arrest, detention, torture, and sentencing of ShenLi Lin for nothing other than being a member of a peaceful, spiritual movement known as the Falun Gong -- is a case study of the persistent and pervasive assault on human rights in China today in general -- and a case study of the attempt to suppress the fundamental freedoms of the Falun Gong in particular. Indeed, the suppression of the Falun Gong has worsened since September 11 under the false pretext of national security." Cotler characterized the statement by the head of the Chinese National Police that "no Falun Gong practitioners will be released" as "abhorrent."

Cotler, an international human rights lawyer who has defended political prisoners around the world, said that the on-going "criminalization of innocence" of ShenLi Lin has included the following major human rights violations:

• Violation of the right to freedom of conscience and belief, as in the prohibition and suppression of ShenLi Lin's right to believe in, profess, and practice the Falun Gong values of "truthfulness, compassion, and tolerance";
• Violation of the rights to freedom of assembly and association, as in the prohibition of any participation by ShenLi Lin in any exercise or meditation gathering of the Falun Gong;
• Violation of the rights to freedom of expression and information, as in the banning and burning of Falun Gong books and materials;
• Violation of the protection against arbitrary arrest and detention, as in the arrest and detention of ShenLi Lin for exercising rights guaranteed under Chinese law and the International Covenant on Civil and Political Rights of which China is a signatory;
• Violation of the right to protection against torture and other cruel and degrading punishment or treatment, compulsory re-education endured by ShenLi Lin during his detention;
• Violation of the right to a fair trial, as in the conviction and sentence of ShenLi Lin to a forced labour camp in the absence of any hearing, respect for the presumption of innocence, or representation by counsel;
• Violation of the basic right to life, liberty, and security of the person, as in the denial to ShenLi Lin of basic rights to integrity of the person, human dignity, and due process; and,
• Violation of the right to be left alone -- which has been characterized as the most comprehensive of rights and the right most valued by civilized people.

Cotler, in his capacity as Legal Counsel and co-chair of the Parliamentary Human Rights Group, called upon the Chinese authorities to:

1. Release ShenLi Lin from forced labour camp and permit him to leave the country and return to Canada to be reunited with his wife Jinyu Li.
2. Cease and desist from any policy or practice of torture or other degrading punishment or treatment of prisoners in detention.
3. Release all Falun Gong members now detained in prison, forced labour camps, or psychiatric detention.
4. Repeal the illegal ban on the Falun Gong.
5. Rescind any laws or regulations specifically criminalizing the Falun Gong as an "illegal association," and prohibiting thereby the exercise of the fundamental freedoms of their members.

For more information contact: Irwin Cotler, M.P.

In Ottawa: Tanis Gilbert, EA