China: WHRD and labour rights defender appeal rejected (Update)
Event- Country
- China
- Initial Date
- Sep 10, 2024
- Event Description
In a decision dated 10 September 2024, the Guangdong Provincial High Court rejected human rights defenders Wang Jianbing’s and Huang Xueqin’s appeal and upheld the original verdict. However, the court failed to give advance notice to the lawyers of both human rights defenders regarding its decision to not convene a trial to consider their appeal, and its plan to announce the verdict on 10 September.
The verdict was delivered to Guangzhou Municipal No. 1 Detention Centre on 12 September. On 13 September, one of Huang Xueqin’s defence lawyers found out about the verdict when he met the woman human rights defender at the detention centre. In the afternoon of 12 September, one of Huang Xueqin’s lawyers telephoned the responsible judge at the Guangdong High Court to request for an open trial to consider the appeal, on the basis that new testimonies from new witnesses have been collected and submitted to the court. However, during the phone call the judge did not inform the lawyer that a verdict had already been reached.
Article 202 of China’s Criminal Procedure Law stipulates that verdict announcements are all to be conducted publicly, and that verdicts must be delivered to the defendants and their defence lawyers at the same time. In an official notice issued in 2019, the Supreme People’s Court and the Ministry of Justice have instructed courts to inform defence lawyers in a timely manner of important procedural decisions, including decisions to not convene a trial to consider appeals and to announce verdicts. The Supreme People’s Court’s 2021 interpretation of the Criminal Procedure Law further clarifies that if a court decides to announce a verdict at a set time, it must notify all parties, including defence lawyers, the time and location of the announcement ahead of time. Once the announcement is completed, the written verdict must be immediately sent to the parties.
19 September 2024 marks three years since Wang Jianbing and Huang Xueqin were arbitrarily detained.
- Impact of Event
- 2
- Gender of HRD
- Man
- Woman
- Violation
- (Arbitrary) Arrest and Detention
- Denial Fair Trial
- Judicial Harassment
- Rights Concerned
- Right to fair trial
- Right to liberty and security
- HRD
- Labour rights defender
- WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 23.13918870839092
Longitude: 113.2616334095498
- Event Location
- Summary for Publications
On 10 September 2024, Sophia Huang and Wang Jianbing, detained WHRD and labour rights defender, had her appeal secretly rejected and her conviction on incitement charge upheld by the Guangdong High People's Court in Guangdong, China.