US Consul General in Beijing John Morris Replies to Congressman Fortney Stark Regarding Charles Li

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Embassy of the United States of America
2 Xiushui East Street, Beijing, China 100600
Phone: (86-10) 6532-3431
Fax: (86-10) 6532-3178

Congressman Fortnoy Pete Stark
California
By Fax

March 3, 2003

Re: Charles Lee [another spelling for Li]

Dear Congressman Stark:

This is in response to your letter of February 7, regarding the detention of American citizen Mr. Charles Lee.

We are aware of Mr. Lee's case, and are doing everything possible to ensure his fair and humanitarian treatment. One of the most important tasks of the Department of State is to provide assistance to U.S. citizens incarcerated abroad. We stand ready to assist incarcerated citizens and their families within the limits of our authority, in accordance with international law. Americans who travel to foreign countries are subject to laws and legal procedures that often differ significantly from those in the United States. Accordingly, we make available to those detained overseas information about local lawyers. Unfortunately the Department of State cannot serve as legal representative for incarcerated Americans. Likewise, we have neither the means nor the authority to establish guilt or innocence.

Upon notification of Mr. Lee's detention, a U.S. consular officer visited him to offer consular assistance. The consular officer saw Mr. Lee at his place of detention, ascertained that he has no immediate health problems, provided a list of local attorneys, and obtained his authorisation concerning release of details of his case through the Privacy Act. The U.S. Consulate General in Shanghai will continue to maintain frequent contact with Mr. Lee, and is closely monitoring his situation to ensure that he is treated in a fair and humanitarian manner. The Department of State, the U.S. Embassy in Beijing, and the U.S. Consulate General in Shanghai have all raised his case with Chinese authorities and will continue to do so.

On the topic of Falun Gong generally, the United States has been vigorous and consistent over the last several years in pressing China at every level to stop oppressing the Falun Gong. We have raised our concerns over China's repression of the Falun Gong repeatedly with senior Chinese authorities both in Washington and Beijing. At the December 2002 session of the U.S.-China Human Rights dialogue held in Beijing, and at the previous session held in Washington in October 2001, Assistant Secretary of State for Democracy, Human Rights and Labour Lorne W. Craner raised numerous cases of individuals detained for Falun Gong activities, and called for the release of all those held for the peaceful expression of their spiritual or religious views. Ambassador-at-Large for International Religious Freedom John V Hanford and U.S. Ambassador to China Clark Randt have also raised, and will continue to raise, our deep concerns over the detention and mistreatment of Falun Gong practitioners in China.

The U.S. Embassy has made clear on numerous occasions our strong opposition to the detention of individuals solely for peaceful association and assembly. The steps the Chinese government has taken to restrict freedom of thought, conscience and belief are deeply disturbing. These rights are protected by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. We have documented our concerns in our annual country reports on human rights practises and on international religious freedom, which can be found on the State Department website: www.state.gov .

We will continue to raise these issues with the Chinese government through diplomatic channels, in addition to making our position clear in public statements.

I hope this information is useful.

Sincerely,

John Daniel Morris,

Consul General

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