International Day of the Victims of Enforced Disappearances: Calling on All Sectors to Pay Attention to Fu Cha and Other Taiwanese Subjected to Enforced Disappearances in China

Today marks the "International Day of the Victims of Enforced Disappearances." The Petition Task Force for Supporting Fu Cha, Amnesty International Taiwan, the Taiwan Association for Human Rights, the Judicial Reform Foundation, and human rights defender Li Ming-che held a press conference, joined by Legislators Hung Sun-han and Puma Shen. They jointly called on the Chinese government to ensure the human rights of Fu Cha (Li Yen-ho) and other Taiwanese individuals subjected to enforced disappearances in China in accordance with international human rights standards, and demanded the immediate release of all Taiwanese individuals subjected to enforced disappearances or arbitrary arrest for exercising their freedom of expression.

Fu Cha "Made to Disappear" for Over 527 Days

In March 2023, Gusa Publishing Editor-in-Chief Fu Cha (Li Yen-ho) traveled to Shanghai, China, to cancel his Chinese household registration in order to finalize his application for Taiwanese citizenship and to visit family. Instead, he was subjected to enforced secret detention by Chinese police and national security personnel. It was not until April 26 of the same year that Chinese authorities finally confirmed at a press conference that Fu Cha's personal freedom had been restricted on the grounds of "suspected engagement in activities endangering national security." To date, however, China has neither indicated whether formal charges have been brought in the case nor made any information regarding a verdict public.

Wang Chia-hsuan, a representative of the Petition Task Force for Supporting Fu Cha, stated: "Fu Cha has vanished since returning to Shanghai at the end of March last year—that is 527 days ago. Although the Taiwan Affairs Office confirmed that Fu Cha is suspected of inciting secession, there has been no further news to this day. The Chinese authorities have not formally indicted him, and no one knows his current situation."
"In May of last year, Taiwan Affairs Office spokesperson Ma Xiaoguang stated that Li Yen-ho's case was an isolated incident that would not affect cross-strait relations. But in reality, we know that cases of enforced disappearance of this nature occur endlessly in China, regardless of nationality."

UN: As Many as 168 Disappearance Cases in China Last Year

Amnesty International Secretary-General Chiu I-ling cited statistics from the United Nations Working Group on Enforced or Involuntary Disappearances, noting that 168 cases of enforced disappearance in China were received between May 13, 2023, and May 10, 2024.

"Many countries, including China, use enforced disappearances or arbitrary detention to suppress journalists, human rights defenders, human rights activists, and political dissidents, further strengthening their crackdowns on freedom of expression and freedom of the press. In recent years, we have also observed that Taiwanese people face increasingly severe threats of enforced disappearance or arbitrary detention in China."

"Due to the lack of transparency in China's judicial cases, it is even more difficult for us to obtain accurate statistics. Nevertheless, statistics gathered by civil society from various channels show that over the past decade, as many as 857 Taiwanese individuals have been subjected to enforced disappearances or arbitrary arrests in China. This includes the cases of Chung Ting-pang in 2012, Li Ming-che in 2017, Lee Meng-chu in 2019, Yang Chih-yuan in 2022, and Fu Cha in 2023—and this does not even include instances of restricted personal freedom due to alleged offenses, illegal detention, or other dark figures."

Immediately Release Disappeared Individuals; Enforced Disappearances Violate International Law

Shih I-hsiang, senior researcher at the Taiwan Association for Human Rights, referenced the joint statement issued by civil society groups in April of last year, which specifically demanded that China: "Ensure Fu Cha is protected from all forms of torture and cruel, inhuman, or degrading treatment, and that in accordance with China's Criminal Procedure Law, Fu Cha has the right to retain defense counsel, as well as enjoy the right to legal visits and communication."

At the press conference, attendees also jointly called on the Chinese government to ensure that Fu Cha and other Taiwanese individuals subjected to enforced disappearances in China receive basic human rights protections under international human rights law during investigation and trial processes, free from all forms of torture and cruel, inhuman, or degrading treatment; to ensure that Taiwanese and Chinese family members can visit them lawfully, while further safeguarding freedom of expression; and to immediately release all Taiwanese individuals subjected to enforced disappearances or arbitrary arrest for exercising their freedom of expression.

Legislator Hung Sun-han expressed astonishment that Fu Cha is facing an enforced disappearance simply for exploring China-related issues through published books. He criticized the Chinese government for escalating its actions, noting that even the act of using "virtual private network (VPN) software" in China to access censored and restricted foreign information may now lead to prosecution. Hung Sun-han also urged: "Everyone should continue to pay attention to these people who must face imprisonment, enforced disappearances, or other threats to their personal safety simply because they want to voice different opinions and speak differently."

Chiang Wan-an Should Raise Concerns Regarding the Still-Missing Fu Cha Through the "Taipei-Shanghai City Forum"

Wang Chia-hsuan expressed deep concern over China's rapidly shrinking civic space, stating: "During the year and more that Fu Cha has been missing in Taipei, Taiwan's publishing industry has also suffered severe damage. To my knowledge, some Chinese writers originally had cooperation projects with Taiwan, but because of Fu Cha's case, a chilling effect has spread, and books that were originally intended to be published in Taiwan are now withheld out of fear. I believe this is detrimental to the Taiwanese people's understanding of China's thought, culture, and literary achievements."

Citing the cases of Chinese human rights lawyer Cheng Yuan and a Japanese employee stationed in China who were made to disappear, Wang Chia-hsuan explained: "In China, there are numerous cases where people are seized first and interrogated slowly, only to be indicted a year later, or even subjected to secret trials. Chinese journalists I know also say that there are a great many people around them disappearing for no apparent reason."

Civil society sectors are deeply concerned about the case of Fu Cha's disappearance in China and have launched a petition campaign entitled "A Letter to Mayor Chiang Wan-an," hoping that Taipei Mayor Chiang Wan-an can, during the holding of the City Forum, demand that China grant Fu Cha an open, just, and fair trial, and urge the Shanghai municipality to protect his basic human rights in the Fu Cha case.

Chinese Judicial "Opinions" Further Suppress Human Rights

Addressing the "Opinions on依法 Punishing 'Taiwan Independence' Diehards for Secession and Inciting Secession Crimes" issued by China on June 21 this year, human rights defender Li Ming-che commented: "In the future, as long as the Chinese government deems you a 'Taiwan independence' element, they can sentence you directly, even if you are not in court at all. Even if you do not enter Chinese territory or merely transit through a Chinese airport, if the country you visit has signed a bilateral extradition agreement with China or Hong Kong, you could be extradited to China to stand trial simply because China submits an extradition request to that country."

Legislator Puma Shen believes that China is expanding its extraterritorial jurisdiction, allowing human rights threats such as enforced disappearances to transcend national borders. He stated: "Such incidents do not only happen when Taiwanese people travel to China; rather, any country in the world that has agreements and cooperation with China could potentially see individuals extradited to China, resulting in similar enforced disappearance incidents."

Li Ming-che stated: "I hope the Taiwanese government will use diplomatic channels to engage with countries that have signed bilateral extradition agreements with China or Hong Kong, to prevent future occurrences of Taiwanese nationals being extradited to China for trial."

Secretary-General Chiu I-ling pointed out: "Furthermore, China's newly issued judicial 'Opinions,' which include provisions for prosecuting and severely punishing individuals who advocate for and take action to support Taiwan's independence—carrying sentences up to the death penalty—not only contravene international human rights law and international standards, but also severely violate Taiwanese people's freedom of expression, freedom of peaceful assembly, freedom of association, and even the right to life. This subjects Taiwanese people to an even higher risk of human rights violations in China."

Amnesty International and four other international organizations also issued a public statement condemning the judicial "Opinions," calling on Chinese authorities to immediately withdraw the "Opinions" and promptly carry out legislative reforms to abolish vague and overly broad national security-related crimes and the death penalty.

Civil Society Calls on China to Respect Human Rights and Urges Taiwan to Establish Corresponding Measures

Taiwanese civil society groups, elected representatives, and individuals from all walks of life reiterated their call that, based on universal human rights values and China's systematic human rights violations, Chinese authorities must comply with relevant international human rights norms, immediately release Fu Cha and other Taiwanese individuals subjected to enforced disappearances in China, cease human rights-violating and torture-inflicting procedures, and carry out institutional reforms and accountability.

At the same time, civil society groups also urged the Taiwanese government to face up to the situation of Taiwanese nationals being subjected to enforced disappearances and arbitrary arrests in China, conduct systematic investigations and research into the current status of citizens subjected to enforced disappearances and arbitrary arrests after traveling to China, and establish concrete response measures.