URGENT ACTION APPEAL
---------------------------------- 26 August 2004 UA 256/04 Fear of imminent execution PEOPLE'S REPUBLIC OF CHINA: Ma Weihua (f), aged 29 A woman facing the death penalty on drug charges has reportedly been forced to have an abortion in police custody. China's Criminal Law forbids the execution of pregnant women, but Chinese newspaper reports suggest that Ma Weihua's pregnancy was terminated so that she could be put to death ''legally''. Ma Weihua was detained in January this year in possession of 1.6kg of heroin. She did not realise she was pregnant until she underwent a routine medical examination at a detention centre in Lanzhou City, Gansu Province. Ma reportedly wanted to continue with the pregnancy, but it was terminated on 19 February. At her trial, on 23 August, Ma's lawyer presented to the court an ''operation consent form'' authorizing the abortion, signed by a police officer from the Chengguan police station in Lanzhou where Ma was being held. The form states that the abortion was performed under general anesthetic, and notes that ''Because the patient was uncooperative, Chengguan substation director requested forced implementation.'' The verdict is expected ''in the next few days'', according to Chinese press reports. The quantity of heroin found in Ma's possession means she is liable to be sentenced to death. Ma will have the right to appeal against any sentence, but it is relatively rare for appeal courts in China to change or overturn the verdict of a lower court. Amnesty International has documented cases where prisoners have been executed within hours of sentence being passed. Ma had reportedly been paid by an acquaintance to courier seven packets of heroin from Xinjiang to Gansu Province, and was detained in Lanzhou on 25 January. As grounds for a lesser sentence, her lawyer cited not only the forced abortion but also the fact that Ma had confessed to the crime, that it was her first offence, and that the police had confiscated all of the drugs involved. BACKGROUND INFORMATION Various non-governmental organizations, including Amnesty International, have documented reports of forced abortions and sterilizations, particularly as a result of China's ''one-child'' policy, although independent research on the topic is extremely difficult. Amnesty International considers forced abortion and sterilization of detainees by or at the instigation of officials to be torture or cruel, inhuman or degrading treatment. China's anti-drugs laws are extremely harsh. Offenders are liable for execution if they are found in possession of precisely defined quantities of drugs, for example 1kg or more of heroin, 50g or more of cocaine, or 5kg or more of cannabis resin. In June this year, China executed possibly hundreds of people on drugs charges to mark the UN World Anti-Drugs Day. Despite this draconian action, China's drugs problem continues to grow. Officially there are 1.05 million registered drug users in China, although the true figure is thought to be much higher. The number of heroin addicts grew at a rate of 13% over the past five years, according to official figures. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing deep concern at reports that Ma Weihua was forced to undergo an abortion while in custody at Chengguan police station in Lanzhou, Gansu Province and urging a full investigation into the circumstances surrounding it; - expressing concern that Ma's pregnancy was terminated apparently so that she could be executed ''legally'' under Chinese law; - urging the authorities to take Ma Weihua's lawyer's arguments for a reduced sentence into account, and to pass a custodial sentence only; - pointing out that executions have never been proven to reduce the incidence of drug-related crime, or any other kind of crime, and that the death penalty should therefore be abolished as the ultimate cruel, degrading and inhuman punishment. APPEALS TO: President of Gansu Province High People's Court: HAO Hongtao Yuanzhang Gansusheng Gaoji Renmin Fayuan 36 Qingyang Lu Lanzhou Shi Gansusheng 730030 People's Republic of China Salutation: Dear President Hao Governor of Gansu Province People's Government: LU Hao Shengzhang Gansusheng Renmin Zhengfu 1 Zhongyang, Guangchang Qu Lanzhou Shi Gansusheng 730030 People's Republic of China Salutation: Dear Governor COPIES TO: Ambassador Jiechi Yang Embassy of the People's Republic of China 2300 Connecticut Ave. NW Washington DC 20008 Fax: 1 202 328 2582 Please send appeals immediately. Check with the Colorado office between 9:00 am and 6:00 pm, Mountain Time, weekdays only, if sending appeals after October 7, 2004. 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 PO Box 1270 Nederland CO 80466-1270 Email: [email protected] http://www.amnestyusa.org/urgent/ Phone: 303 258 1170 Fax: 303 258 7881 ---------------------------------- END OF URGENT ACTION APPEAL ----------------------------------
