Liu could be held for a year and half without charges or trial. More and more people are signing up to Charter 08 to change China into a country that defends human rights.

Beijing (AsiaNews/CHRD) – Liu Xiaobo, an intellectual who was among the first to sign Charter 08, is still being held in an undisclosed location subject to “residential surveillance” in violation of China’s own laws.

Detained on 8 December, when he and 300 other intellectuals, academics and activists released to the public an appeal in which, without challenging the power of the Communist Party, they demand respect for all the human rights protected under United Nations conventions signed by China.

Police yesterday allowed Mr Liu’s wife, Liu Xia, to visit her husband in Xiaotangshan, Changping district near Beijing. According to her, he appeared to be healthy and in good spirits.

Still the National Security police is holding Liu under “residential surveillance” in an unknown location and has not informed either Liu or his wife of the crime for which the Charter 08 signatory is being held, or the duration of his arrest.

“Residential surveillance” (jinshi juzhu in Chinese) is a form of pre-trial detention. According to Article 57 of China’s Criminal Procedural Law, a suspect is held either in his or her home or at a designated location if the suspect has no permanent residence. Since Liu is a Beijing resident, holding him in an undisclosed location violates Chinese law.

According to Article 58 of the Criminal Procedural Law residential surveillance has a six-month time limit. Public security, prosecutors and the courts can re-impose it consecutively. Mr Liu could end up held for a year and half without charges brought against him or without going to trial.

The Chinese government is desperately trying to stop Charter 08 from circulating, removing it from Internet sites and arresting anyone who signs it. But the number of people joining it in order to see China transformed into a country that defends human rights is increasing every day. So far at least 5,000 people have signed up.

• china
• charter
• 08
• liu
• xiaobo
• xia
• detention
• undisclosed
• location
• human
• rights