SLOVAK PEN CENTRE

/výber z rezolúcií/

3. Resolution on Belarus

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

On the day of the Belarusian Presidential election, 19 December 2010, the Belarusian KGB maltreated and later kidnapped from hospital one of the presidential candidates, writer Uladzimir Niaklajeu (Vladimir Nekliajev). He was held in KGB secret custody for several weeks without proper medical attention and his relatives were not informed of his whereabouts. After several months under house arrest, Niaklajeu was, in May 2011, convicted and sentenced to three years in prison. However under a new law especially designed for silencing opposition voices he will not be required to enter prison, but will live under surveillance and other restrictions under the terms of a two year suspension of the sentence. He now lives under constant threat of imprisonment and is denied the right to leave the country.

Belarusian PEN has elected its former president Niaklajeu as honorary president, and has also nominated him as a candidate for the Nobel Prize for Literature. In Belarus Niklajeu is one of the most important role models in the struggle against President Lukashenko’s ever more brutal and violent regime.

PEN considers the treatment of Uladzimir Niaklajeu a crime against human rights and a disgrace unworthy of any state. PEN calls on the immediate rehabilitation of Uladzimir Niaklajeu, the lifting of all restrictions against him, and that the Belarusian state gives him fitting compensation for the time spent in jail, under appalling conditions.

4. Resolution on the People’s Republic of China

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

Congratulates Dr. LIU Xiaobo, the former and honorary president of Independent Chinese PEN Centre, on his honour as the laureate of Nobel Peace Prize in 2010.

Welcomes the releases of GUO Xianliang, LI Hai, LIU Zhengqing, LUO Yongquan, AI Weiwei, Ran Yunfei and XU Zerong, either on bail or due to sentence reduction, since the last Congress of PEN International in September 2010.

Considers the increasing suppression of the right to freedom of expression throughout China, from its capital city of Beijing to the inland province of Sichuan and Guizhou, to the costal province of Guangdong and Zhejiang, to the Autonomous Regions of Tibet, Xinjiang, and Inner Mongolia, particularly since the announcement of awarding Dr. LIU Xiaobo the Nobel Peace Prize in October 2010.

Shocked by the relentless harassment and widespread attacks against Chinese intellectuals and human rights activists, which has intensified since mid-February 2011 in response to anonymous calls for ‘Jasmine Revolution’ protests.

Disturbed by the continuous use of administrative detention, including the infamous “Re-education Through Labour” (RTL) system, to jail dissident writers for up to 3 years without the due process guaranteed under its own laws.

Further Disturbed by the increasing misuse of China’s Criminal Law to arbitrarily charge dissident writers, outspoken journalists and independent publishers with criminal offences to suppress freedom of expression and the press, in particular “endangering the social/national security”, “(inciting) subversion of state power”, “illegally holding/leaking state secrets” and “illegal business practices”, or alleged “economic crimes”, including the sentencing of HUANG Xiaomin (2.5 years), Kalsang Jinpa (3 years), Jangtse Donkho (4 years), Buddha (4 years), Tashi Rabten (4 years), Dokru Tsultrim (4.5 years), WEN Yan (6 years), QI Chonghuai (additional 8 years), LIU Xianbin (10 years), Memetjan Abdulla (life) and Gulmira Imin (life) as well as the prosecutions and trials of,  ZUO Xiaohuan, TANG Cailong, LI Tie, CHEN Wei and WANG Lihong (f).

Worried about the growing censorship of the Internet throughout the country, in which more than 40% of websites were blocked and closed in 2010, and online writers and journalists harassed and imprisoned for their publication of critical reports and commentaries on overseas websites.

Shocked by the increasing persecution of Independent Chinese PEN Centre (ICPC) members, including the ongoing imprisonment of LIU Xiaobo (11 years), SHI Tao (10 years), YANG Tongyan (12 years), and ZHU Yufu who has been detained since last March after having twice served imprisonments of 9 years in total; the interrogation, harassment, threats, attacks, brief detentions, meeting and travel restrictions of more than 60 members, including WU Yangwei, Coordinator of ICPC Network Committee, and Dr. TENG Biao, Legal Consultant of ICPC-WiPC, who were respectively detained for 2 and 3 months since last February and who are still under tight residential surveillance.

Particularly alarmed by the situation of the imprisoned writers whose health has been in decline without proper treatment. Most of their applications for medial parole have been repeatedly rejected, or only approved at a terminal stage of illness. A typical case is Zhang Jianhong, a prominent writer and a member of ICPC, who was arrested when completely healthy in September 2006,l but who was diagnosed n May 2007 with muscular atrophy and amyotrophic latgeral sclerosis, a progressive degenerative disease of the central nervous system. In October 2007 he was transferred to a prison hospital because his condition had rapidly deteriorated in prison. His applications for medical parole were rejected until he was finally released in June 2010, requiring intensive care and dependency on a life support system with a ventilator. He died six months later, on New Year’s Eve.

PEN International therefore urges the government of the People’s Republic of China to:

• Stop the harassment and persecution of ICPC members, and lift all restrictions on their freedom to exit and enter mainland China, particularly to attend PEN International conferences and to return home;

•  Cease its efforts to censor cyberspace and to immediately release all Internet writers jailed for peacefully expressing their opinions;  

•  Release all prisoners in the autonomous regions of Tibet, Xinjiang Uyghur and Inner Mongolia who have been detained in violation of their right to freedom of expression, including Tibetan writers and journalists Dawa Gyaltsen, Dolma Kyab, Kunchok Tsephel, Paljor Norbu, Tashi Rabten, Kunga Tseyang, Kalsang Jinpa, Jangtse Donkho, Buddha and Dokru Tsultrim; Uighur writers Abdulghani Memetemin, Nurmuhemmet Yasin, Nureli Eli, Dilshat Perhat, Nijat Azat, Gheyret Niyaz, Memetjan Abdulla and Gulmira Imin, and Mongolian writer Hada;

•  Release all imprisoned writers and journalists in China, including

LIU Xiaobo, SHI Tao, YANG Tongyan, ZHU Yufu, HUANG Jinqiu, ZHENG Yichun, KONG Youping, LU Jianhua, WANG Xiaoning, YANG Maodong, QI Chonghai, YUAN Xianchen, ZHANG Qi, HUANG Xiaomin, ZUO Xiaohuan, TANG Cailong, LIU Xianbin, WEN Yan, LI Tie, RAN Yunfei, CHEN Wei and WANG Lihong.  

•  Ratify the International Covenant on Civil and Political Rights, which was signed by the People’s Republic of China in October 1998;

•  Engage in a complete and meaningful reform of the Chinese legal system in accordance with international standards and its own Constitution to guarantee fair trials, the full rights of defence and appeal, the legal practices of attorneys, and a prison system that ensures the health and safety of inmates; particularly to cease the practice of using the charge of “subversion” against writers and of “holding/leaking state secrets” against journalists; and to abandon the infamous RTL system.

6. Resolution on Cuba

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

Welcomes the release from jail not only the journalists, librarians and dissidents of the Group of the 75, but all political prisoners.

PEN International is

Disappointed because despite the fact that the government of Cuba, under pressure from international public opinion, arrived at an agreement with the government of Spain and the Catholic Church  there are still many more who are suffering the inhumane conditions of Cuban jails;

Concerned because the European Union, in order to regularize its relations with the government of Cuba, demanded not only these releases, but and end to all repression against dissidents, however other forms of repression of dissidents, independent journalists and human rights activists persist and may actually have increased;

Worried because dissidents who publicly advocate for freedom of expression and respect for human rights are still frequently arrested by the police, taken to the Department of State Security, sometimes for several days, and then released under a “judicial warning” document, containing the threat of starting a criminal court case against them if they continue with their dissident activities;

Alarmed by other repressive acts against dissidents, such as the well-known “acts of repudiation” by paramilitary groups and mobs organized by the Department of State Security, harassing and physically attacking dissidents in front of their homes and as they perform peaceful acts in public;

Shocked because police repression has increased in such a way that they carry out frequent beatings of dissidents; the political dissident Juan Wilfredo Soto García died in May 2011 allegedly as the result of a police beating;

Dismayed because the Cuban government continues to deny exit visas to writers and journalists who have won international awards for their civic and intellectual work and who as a result cannot go abroad to receive those awards,  for example the blogger Yoani Sánchez, who won an international award for her journalistic work, Bernardo Arévalo Padrón, who won the Barbara Goldsmith award, granted by the American PEN Center, and the dissident Guillermo Fariñas, who won the Sajarov Award given by the European Union;

Dissatisfied with the treatment that the government of Spain has given to the Cuban political prisoners who, with the collaboration of the Cuban government, were released from prison on the condition that they accept their deportation to Spain, where they have not received the status of political refugees and therefore are in an uncertain legal situation and difficult circumstances;

Alarmed because the government of Cuba keeps in force Law 88 of 1999 that sets sentences of up to 20 years’ imprisonment for independent journalists and opposition members trying to exercise their right to freedom of expression, and also keeps in force the so-called Law of Security of Information, restricting Cubans’ access to internet, which it is largely available for government officers;

PEN International URGES the Cuban government:

•  To free the remaining political prisoners from  prison and allow them to remain in the country or to travel abroad, in compliance with Article 13 of the Universal Declaration of Human Rights;

•  To cease all acts of repression outlined in this resolution against independent journalists and peaceful dissidents who exercise their right to freedom of expression and other human rights;

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12. Resolution on Syria

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

Welcomes the release of writers journalists and bloggers Raghdah Sa’id Hassan, Mahmoud Issa, Khaled Sid Mohand, Zaid Mastu, Khaled Sid Mohand, Mohamed Dibo and Dorothy Parvaz.

Protests the continued detention of all those currently held solely for the peaceful expression of their opinions, including writer and editor Najati Tayara and blogger and poet Tal- Al-Mallouhi.

Condemns the widespread arrest of journalists and bloggers for their reporting on the recent protests, in violation of their right to freedom of expression.

Calls on the Syrian authorities to investigate allegations of torture of detainees, and to release all those currently detained in violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR) to which Syria is a signatory.

17. Resolution on Viet Nam

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

Deeply disturbed that violations of the right to freedom of expression and opinion continue to occur in Viet Nam. Print and audiovisual media, Internet and publishing houses are under strict State control and subject to severe censorship. There is arbitrary restriction on freedom to seek, receive and impart information, in particular relating to accountability for human rights violations, corruption and social injustice.

Seriously concerned by the persecution of writers, journalists, bloggers dissidents and human rights defenders, who have been sanctioned notably by article 88 of the Penal Code (Propaganda against the Socialist Republic of Viet Nam) carrying penalties of 3 to 20 years in prison, in violation of Article 19 of the ICCPR.

Troubled by the fact that most detainees spend several months in pre-trial detention during which, they have no right to be presumed innocent and are denied access to their independent lawyers who are subject to threats and harassment. They are defamed by official media. Their right to a fair and public trial by independent judges is not guaranteed.

Shocked and indignant by the fact that many writers, journalists, bloggers and human rights defenders serve heavy prison sentences in forced labour camps, where they are not protected from attacks by common law prisoners and are denied their right to receive adequate medical treatment and family visits. Some are held incommunicado or in solitary confinement. Several former writers in prison, authors and bloggers have been attacked or subjected to brief detention, among others: Le Thi Cong Nhan (f), Pham Hong Son, Le Quoc Quan, Bui Chat (2011 IPA Freedom to Publish Prize), Bui Thanh Hieu, blogger Nguoi Buon Gio, Nguyen Ngoc Nhu Quynh , blogger Me Nam, Ta Phong Tan , blogger Cong Ly Su That.

Deplores that writer Tran Khai Thanh Thuy’s release in June 2011 was conditional on her forced exile, after serving 18 months of her 42-month prison sentence.

Alarmed by the state of health and the detention conditions of the following prisoners, among others : Nguyen Van Ly, priest and editor of the underground review Freedom of Opinion (8 years in prison and 5 years in probationary detention); Nguyen Xuan Nghia, poet and novelist, member of the Hai Phong Association of writers and the banned human rights defenders network (Bloc 8406), co-editor of the underground journal To Quoc (6 years in prison and 3 years in probationary detention); Truong Minh Duc, journalist and cyberdissident (5 years in prison and 3 years in probationary detention).

Further concerned with the following cases: Nguyen Phong, Nguyen Binh Thanh, Tran Quoc Hien, Truong Quoc Huy, Pham Ba Hai, Pham Thanh Nghien , Vu Van Hung, Pham Van Troi, Tran Duc Thach, Nguyen Van Tinh, Nguyen Manh Son, Tran Huynh Duy Thuc (16 years in prison), Le Thang Long, Le Cong Dinh, Nguyen Tien Trung, Tran Anh Kim, Vi Duc Hoi, Pham Minh Hoang, Lu Van Bay and Cu Huy Ha Vu currently serving their unjust prison sentence; still yet, Dang Phuc Tue (Ven. Thich Quang Do, 83-year-old, Buddhist monk and poet, in house arrest since 2003, Nguyen Van Hai (blogger Dieu Cay), journalist, maintained in prison instead of being released since October 2010 after serving a prison term of 2 and half years, Phan Thanh Hai (blogger AnhBa SaiGon), lawyer and journalist, arrested in October 2010, Pham Minh Hoang (blogger Phan Kien Quoc), internet writer, arrested in August 2010, Nguyen Kim Nhan, former writer in prison, re-arrested in June 2011.

Strongly urges the Socialist Republic of Viet Nam to:

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•  Abolish all censorship and lift all restrictions on freedom of expression and opinion, freedom of the press, freedom to create and to publish, the right to be informed by all means including the Internet, and freedom of association, in compliance with the Articles 19, 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR).

Annex: State of health and the detention conditions of the writers in prison, among others

Nguyen Van Ly, priest and editor of the underground review Freedom of Opinion. He was sentenced in 2007 to 8 years in prison and 5 years in probationary detention. He previously served 15 years in prison between 1977 and 2005. In November 2009, a stroke paralyzed the right side of his body. Fearing that he would die of other strokes, the Public Security transferred him to Huê city in March 2010. He was placed under police surveillance for 12 months in order to seek medical treatment before his return to the camp. On 25 July 2011, a police ambulance brought him back of the camp to serve the rest of his prison sentence until 2015.He still suffers from partial paralysis and an inflamed prostate that may be cancerous ;

Nguyen Xuan Nghia, poet and novelist, member of the Hai Phong Association of writers and the banned human rights defenders network (Bloc 8406), co-editor of the underground journal To Quoc, author of several poems, short stories, notes, memoirs and articles. He was sentenced in 2009 to 6 years in prison and 3 years in probationary detention. He is suffering from haemorrhoids, stomach ulcers, renal calculus and rheumatic inflammations;

Truong Minh Duc, journalist and cyberdissident. He was sentenced in 2008 to 5 years in prison and 3 years in probationary detention for his numerous articles about corruption and abuse of power. He broke his left arm in prison. He is confined together with 60 high recidivist criminals in a camp deep in the jungle. Already limited, access to his family’s visits and supply of food and medicines (a 7 kg pack per monthly visit) became more difficult and costly. He is suffering from high blood pressure and gastrointestinal diseases.

Nguyen Van Hai (blogs as Die Cay), independent journalist and blogger, who should have been released on 20 October 2010 on completion of a two-and-a-half year sentence. However, on 18 October 2010 he was reportedly transferred to a Public Security detention camp in Ho Chi Minh City, apparently on charges under the Criminal Code. The charges are said to be based on his online writings for the Free Journalist Network in Viet Nam, published prior to his arrest in 2008. He has been held incommunicado, without access to family visits, letters or medical and food supplies since 18 October 2010. A recent unconfirmed report claims he lost an arm in prison. Concerns for his welfare are acute.

18. Resolution for the European Union

The Assembly of Delegates of PEN International, meeting at its 77th World  Congress in Belgrade, Serbia, 12 September to 18 September 2011

Worried by increasing attempts by European governments to constrain the right of artists and writers from outside Europe to travel freely to and within the European Union to participate in cultural events, to carry out research and undertake other activities essential for the practice of their profession;

Alarmed by the rise of antidemocratic and racist sentiments expressed in the media in many member states of the European Union;

Deeply concerned about the insufficient protection of freedom of expression prevalent in a growing number of member states;

Shocked by the fact that, in some member states, legislation has lately been passed or is in preparation which could curtail the freedom of the press and the right to information;

The Assembly of Delegates at the 77^th PEN International Congress in Belgrade calls upon the European authorities, namely the European Parliament, the European Commission and the European Council:

•  To strengthen the commitment to fundamental democratic values in the European Union;

•  To urge member states to adhere to the standards of the acquis communautaire;

And, in case of severe violation of fundamental democratic principles, to impose effective sanctions

19. Resolution for the European Union – Roma Issues

The Assembly of Delegates of PEN International, meeting at its 77^th International Congress in Belgrade, Serbia, 12-18 September 2011

• Alarmed by the growing mistreatment of gypsies, or Roma people in many countries of the European Union;

• Observe and denounce the growing ostracism of gypsies in many countries of the European Union;

• Point out that the human person has inalienable rights to

- Freedom of expression

- Freedom of movement

- Education in their own language and to have their culture respected

- To healthcare and to housing

• Point out that every individual member of this ethnic group is a European citizen, like any other, and should be treated as such, which also means that they have a right to live in every country of the European Union, while respecting their laws;

• Urge that the institutions of the European Union – the Commission, the Parliament and the Court of Justice – ensure that the rights of gypsies, cigany, Roma, who are European citizens like all others, be respected, and that any state that does not respect these rights be firmly sanctioned.

20. Recommendation for a Review of the Constitution of the Board of PEN International

The Assembly of Delegates of PEN International, meeting at its 77th International Congress in Belgrade, Serbia September 12-18, 2011 makes the following recommendation 

We call for a review of the constitution of the Board of PEN International, to examine the effectiveness of the present set-up with reference to the Board’s size, composition and representation.  Specifically we call for a small working group to be established for this purpose, that it include a board member, a chair of a sub-committee and other key parties wanting to contribute.

This working group should report back to Congress at Seoul 2012.

21. Recommendations for events surrounding the 90^th Anniversary of PEN International

The Assembly of Delegates of PEN International, meeting at its 77th International Congress in Belgrade, Serbia, 12-18 September 2011

We call on the new Director, the President and the Board to use the opportunity of PEN International's 90th anniversary year in 2012 to focus on building its profile as a human rights and literary organisation, exemplified by the 2010 Nobel Prizes to Liu Xiaobo and Mario Vargas Llosa.  In particular we ask for plans be put in place for major fundraising activities, including an exhibition of 'empty chairs' commissioned by leading artists around the world to feature in a public exhibition and sale of the works with the majority of the proceeds to go to PEN International as unrestricted funds for future activities."