From PEN International, Swiss Romand branch:

His Excellency Ambassador La Yifan Permanent Mission of the People’s Republic of China to the United Nations, Geneva

RE: Regarding the People’s Republic of China’s non-cooperation with the UN Rapporteur’s recommendation, and suspected retaliation for meeting with the UN Rapporteur against PEN Honorary Prisoner Mr. He Depu, Beijing Prison No. 2.

Dear Ambassador La,

It is my privilege to address your mission for the fourth time on the subject of International PEN’s Honorary Prisoner, Mr. He Depu, the Beijing Spring editor, China Democracy Party electoral candidate and subject of a recommendation by the UN Rapporteur on Torture, Professor Manfred Nowack in his March, 2006 report to the UN Human Rights Council.

Having expressed last March PEN’s appreciation for the medical exam extended to Mr. He at our request, we must convey our profound disappointment in China’s refusal after more than a year to acknowledge or comply with Professor Nowack’s unequivocal recommendation that Mr. He be released on the basis of illegal procedure under Chinese Criminal Procedural Law as well as the Convention on Torture.

Moreover, we raise with alarm that in addition to being refused necessary medicines and adequate food, Mr. He has been subjected to at least one severe beating inside prison in mid-April at the hands of a fellow prisoner, an individual who enjoys privileges from the wardens, such as radio access and cigarettes, not allowed normal prisoners. We have waited in vain to hear of disciplinary action against this violence; in fact, lack of sanctions and the threat of repeated violence against Mr. He implies de-facto complicity and possibly punitive intentions towards Mr. He on the part of the prison authorities.

We recall for you the words of Professor Nowack’s report: "Since He Depu has been convicted of a political crime, possibly on the basis of information extracted by torture, the Special Rapporteur appeals to the Chinese Government that he be released."

Over the last year of "institution-building" at the Council, PEN has argued that the case of Mr. He is an excellent and clear-cut opportunity, under China’s own system of justice, for the People’s Republic of China to fortify the emerging Council by complying fully with the Rapporteur.

As a leading member among the Asian participants, China cannot shirk its responsibility to set a strong example by not only cooperating during a Rapporteurs visit, but also providing the necessary follow-up on recommendations as well as physical protection for victims of torture in both pre- and post-trial situations on the mainland.

In short,"Killing the chicken to scare the monkeys," Inside the walls of Prison Number 2 to permit unrestrained violence toward a brave but vulnerable interviewee once Professor Nowack has departed China is not only destructive to the morale of an individual who put his faith in the UN Mandate-Holder system, but palpably undermines the authority of the Council and its deliberations during its important transition period.