Press Release – For immediate release
24 September 2014
Contact: World Uyghur Congress www.uyghurcongress.org
0049 (0) 89 5432 1999 or [email protected]

The World Uyghur Congress (WUC) condemns in the strongest possible terms, the recent ruling by the Urumqi People’s Intermediate court, finding Ilham Tohti guilty of separatism after just a two day trial, sentencing him to life imprisonment. Such an outcome is completely unacceptable and illustrates the clear lack of humanity and respect for basic legal rights on the part of Chinese officials. The WUC calls on all states and NGOs to bring attention to this illegitimate ruling and exert pressure on the Chinese government to overturn the decision.

Amnesty International called the subsequent sentence “an affront to justice”. Not only has Mr. Tohti been sentenced to life, but the court’s ruling also stripped him of all assets, effectively leaving his family even further dispossessed. William Nee, China researcher at the organization said that “This shameful judgment has no basis in reality. Ilham Tohti worked to peacefully build bridges between ethnic communities and for that he has been punished through politically motivated charges”.

The entire ordeal involving Mr. Tohti has been marred by irregularities and the outright perversion of any fair legal process. Beginning with his questionable arrest in January, denial of family visits or access to legal counsel, denial of adequate food and water and the total disregard for internationally accepted legal rights, the case is a textbook example of how a corrupt legal system is able bend and distort due process for state purposes. Mr. Tohti was unable to meet with his lawyer for six months following his arrest with one of his lawyers being forced to quit the case following political pressure.

The UN Working Group on Arbitrary Detention (WGAD), in an opinion adopted between April 22 and May 1, found that, “The deprivation of Mr. Tohti is arbitrary, being in contravention of articles 9, 10, 11, 18, 19, 20 and 21 of the Universal Declaration of Human Rights” and urged the government to “take the necessary steps to remedy the situation, which include the immediate release of Mr. Tohti and to grant him compensation for the harm he has suffered during the period of his arbitrary detention”.

The Pen American Center, in a statement, wrote that, “[Ilham Tohti’s] conviction makes a mockery of China’s professed commitment to social harmony by silencing one of the country’s unifying voices, with it, fellow Uighur writers who are now unlikely to dare speak out”. The case will no doubt set a dangerous precedent for those that wish to speak out against the regime.

Mr. Tohti’s case has been of great significance and has been given a great deal of attention because of his profile and status in China, but trials like these are carried out regularly with ordinary citizens ostensibly punished for crimes that would otherwise amount to little more than moderate dissent elsewhere. This case sends strong signals to the rest of the Uyghur population. Not only will Uyghurs be even more hesitant to criticize or stand up against the state, but it will self-servingly provide the state with a yardstick by which all other cases will be judged. It has been clear that such a chilling effect has been the aim of the state throughout the trial.

The international community has been outspoken about the case prior to and following the sentence. Calls for Mr. Tohti’s immediate release have been numerous, including at the recent Human Rights Council Session in Geneva last week.

Both the US and UK foreign ministries as well as the European Union also weighed in on the decision. A spokesperson from the UK’s foreign office stated that, “Without any transparency, it is hard to have confidence that proper judicial standards were upheld”, which was echoed in a statement made by US Secretary of State, John Kerry, arguing that “this appears to be retribution for Professor Tohti’s peaceful efforts to promote human rights for China’s ethnic Uyghur citizens”. Such support signals that there is widespread consensus regarding the inadequate handling of the case. The EU called the sentence “completely unjustified” and deplored that “the due process of law was not respected, in particular with regard to the right to a proper defence”.

German High Comisioner for Human Rights also commented, stating that, “The series of arrests of many Chinese professors, journalists, lawyers and other persons hurt the international image of China and undermines the confidence of the Chinese citizens in their legal system”.

The WUC steadfastly offers its support for what Mr. Tohti’s lawyer has said to be an immediate appeal of the decision. Such a result cannot and will not be tolerated by any reasonable government, organization, or citizen. We therefore implore all states and other NGOs to stand up against this decision to ensure that real justice is done and that a fair and legitimate process is undertaken so that Mr. Tohti can be released.

Prior to his detention, Mr. Tohti served as a professor of economics at the Minzu University of China (formerly the Central University for Nationalities), in Beijing, where he specialized in research focused on Uyghur-Han Relations and China’s ethnic policies. Alongside his scholarship and teaching, Tohti is revered for establishing and maintaining Uyghur Online, a website dedicated to promoting Uyghur human rights and improved relations between Uyghur and Han Chinese people.

Mr. Tohti has been also recognized by the international community for his staunch opposition to violence, and continued support for Uyghur-Han dialogue, understanding and peace. Amidst his detention, in 2014, he was awarded the honorable PEN/Barbara Goldsmith Freedom to Write Award for his unwavering commitment to free expression in China.