Thursday, October 8, 2009

The Updated Brief Information of My Issue


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The Updated Brief Information of My Issue
       Why UN Human Rights Council established a new Special Complaint Procedure on 18th June 2007 toaddress consistent patterns of gross and reliably attested violation of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances”. But it never works on the true facts of my complaints to UN Human Rights Council? The corruption and inefficientness of UN Human Rights Council caused to ignore such calculated, malignant and devastating crimes against human rights and civilization that required urgent reform!
                I am a citizen of the People’s Republic of China. My name is Richard Wu Mei De. I have been subjected to persistent gross and systematic human rights violation in a foreign country, Republic of Maldives over past 15 years. Because of my inherent sense of dignity and better informed knowledge on equal and inalienable rights, I have been struggling to fight against oppression, injustice and lawlessness in the foreign country since then. Now I am still struggling in quest of justice for my despoiled dignity and rights set forth in the Universal Declaration of Human Rights and other international human rights standard.
               My long struggle in the Maldives has clearly exposed the present deficiency of international human rights safeguards system that: In today’s world, the one who has better informed knowledge on international system of justice for human rights violation, to deter those contemplating human rights crimes, to bring torturers to justice, to enable survivors to obtain justice and redressing, would bring loss of much more his dignity and rights than those who has less informed or have no knowledge on preserving inherent, inalienable dignity and rights of human being. It is because of that every international and domestic human right organizations claim to protect and promote human rights in a very attractive standard. They disseminated the  ideal human rights standard and system to the world, but in real practice, their corruption and inefficientness caused to ignore such calculated malignant and devastating crimes against human rights and civilization. When I complained the true facts of my issue to some of most important and famous human rights organizations, no one of them truly stands for what they have claimed. Otherwise I don’t have to suffer so mush. Even now.
                I came to Maldives in February 1993 for a business purpose on behalf of five of our business partners in Shanghai. Our business in Maldives began very successfully and became very well known in the middle of 1993. All our staff was from Shanghai. A few months after opening, I ran into a business dispute with our landlord who was an influential Maldivian. This resulted in illegal deportation of my staff.
            Under the written recommendation of Maldivian Trade Minister at that time and supportive stance of my other four Chinese partners, I filed a case in the Civil Court of Maldives in September 1993 for the business dispute against our landlord. When all my documents for the court case brought from China were ready, I found myself imprisoned without any legal procedure since 4th November 1993.
            I was released on 2nd August 1994 with an official document, after Chinese government visited me in April 1994 to discover my arrest was under no legal authorized department and insisted to Maldivian government that I have the right to run my civil court case for the business dispute against Maldivian citizen. But I was arrested again within a month by “an order of high authority”. No one informed me the real reason behind. , I was put back to prison in early September 1994 after a very brief process of an investigation on a fabricated case that I attacked the Presidential Palace with an AK-47 gun and injured a body guard of the president with one bullet short on his left shoulder.
              My issue of arbitrary detention in Republic of Maldives came to light internationally in April 1997. Amnesty International firstly reported my issue on its 1998 Year Report.  Several other international human rights organizations got involved with my issue. UN Working Group on Arbitrary Detention declared in year 2000 that my detention in Maldives was arbitrary. Maldivian government used to play all kinds of political tricks and spend any cost to obfuscate my issue whenever any international action was taken for my issue while pressuring me to give up. The reason behind using the full power of the government against me is that I am an individual foreigner that the former president of Maldives Mr. Maumoon Abdul Gayyoom has to bear his personal liability for his crime of ordering to  imprison me without legality in late August 1994.It was 36 hours after I sent my letter to the Presidential Office  to request  Mr. Maumoon to look into the problem of that I have no way to run my civil court case due to that all my personal belonging including the court case documents were stolen  during  first 9 months my arbitrary imprisonment in Maldives. He did not want to his government to bear the responsibility for the consequence of the lost my court case documents. He simply ordered to put me back to jail again. Mr. Maumoon believed that no foreigner within his country in his regime  can stand up to hold the government accountable whenever the government does whatever misconduct against any foreigner in case of business disputes between foreign investors and Maldivian. No foreigner in such case was able to stand against the pressure of the government’s policy. Everyone has to give up and go. This has been proven by many similar cases throughout many years of recent Maldivian history.
             For pressuring me to give up my efforts in quest of justice, the authority used to subject me to all kinds of torture and ill treatments often worse than other prisoners who severing their sentences in the prison, especially during the pending period of ICJ investigation. There were many very serious crimes such as slow poisoning, physical torture done against me in which I can prove these with the opportunity to collect evidence and witnesses according to international legal standard.
            After I have gone through over 15 year’s very hard illegal imprisonment, I was told that I would be released from the imprisonment without any legal procedure while I was taking a routine medical treatment in IGM Hospital, Male' in February 2009.
           I never accepted this arbitrary released as the governments' attempt to close the long pending international court case of my arbitrary detention in the Maldives in which the case was filed by Chinese government in May 2003 under  the legal procedure of ICJ ,” A State may take up the case of one of its nationals and invoke against another State the wrong which its national claims to have suffered at the hands of the later, the dispute then become one between State”.  On 15th February 2009 I declared my six demands in writing to the legal official of the Home Ministry who came to discuss with me for the releasing issue in IGM hospital. I demanded that the government has to follow proper international legal procedure before releasing me, but the government disregarded my rights and the legal procedure to carry out the arbitrary releasing by force as how the government has done to me the same way at 15 years back for the arbitrary detention.
               I made a complaint to the Human Rights Commission of the Maldives (HRCM) on 17th February 2009   I made five requests including the immediate informing UNHRC, International Court of Justice and the Chinese government to prevent closing of the long pending international court case by the government of Maldives. I also requested HRCM to take steps to prevent any possibility of deporting me illegally and to make arrangement of proper living condition for me without changing the legal ground for my international court [ICJ] process. All my requests were rejected by HRCM on 19th February 2009 when I was informed by HRCM through a phone call.
I met Maldivian Deputy Home Minister on 18th February 2009to demand the government to follow proper legal procedure for my release. The Deputy Home Minister stated that I was voluntarily staying in the prison because the government wanted to release me years back and there was no international court case on my issue since I had no proof of such a case. But he gave no word on my viewpoint of the international standard consideration on such issue that the prison is not an institution where people can check in and checkout at one’s own will. If the government did not provide me the condition to redress the consequences of the arbitrary detention, it meant that the government did not provide me the condition to be free from the arbitrary detention. Therefore the government has to be responsible for arbitrary imprisoning me.  On my clarifying about the international court case of my issue with the Deputy Home Minister, he did not behave as a government minister should. At the first he could not give me an official statement to say that there was no international court case for my issue. Then he could not give me a statement to say that he was not aware of the existence of the international court case for my issue as he later claimed so. Finally he said that he could only give me such a statement under the condition of that I would agree to leave the international court case and go back to China. I believed that such words the Deputy Home Minister can only say in front of me, but he would never say in the presence of international community
              I am one hundred percent sure of the existing of the International Court Case of my issue that filed by Chinese government in May 2003 for my long arbitrary detention in Maldives in which Chinese government failed to work out through many trying of diplomacy settlement up to several Chinese top leaders efforts on the issue, including the Chinese President who visited Maldives on 13th December 1999 for the issue. The ICJ investigation began the first stage probe on 13th June 2003with a team of 7 members who came to Maldives by a UN special flight and completed on 22nd July 2003 with a report. The second stage of the ICJ probe began with reinforcing 25 more new members into the investigation team. The probe was going on progassivly on 22 subjects related to my issue, but it got into pending after the political deception of shooting tragedy causing 4 prisoner’s deaths and 17 injuries which took place in Maafushi Jail of Maldives in September 2003. Even though I was fully aware the fact of an ICJ investigation on my issue, because my matter was under the confidential period of ICJ investigation, I am not in the position to provide any written document to prove the fact of the ICJ investigation on my issue, but this does not mean that there was no ICJ investigation on my issue. I am in the position to provide several unexplainable matters that I have gone through which can prove the facts of ICJ investigation. When international community and human rights organizations conduct a proper investigation, the fact of my ICJ case is clear to see . Such fact known by many people could not be covered up when conducting of an investigation on it.
On 19th February 2009 the Home Ministry issued a Press Release over my issue which numbered: PM 12:06:21. It stated that the government of Maldives has been continuously trying to deport me since September 1994 with the help of the Foreign Ministry and Chinese government but had failed to succeed. How could I go against the power of both governments if Chinese government would truly support Maldivian government to deport me arbitrarily by providing them my passport?

             I wrote each three letters to The Human Rights Commission of the Maldives, The Home Ministry and The Foreign Ministry on March 16th, April 6th and April 19th 2009 regarding my arbitrary detention which followed by an arbitrary release in Maldives. Despite the government’s rule that reply should be given within three working days. The Human Rights Commission of Maldives, the Foreign Ministry never replied me back. The Home Ministry did not give me their reply until 24th June 2009, but they sent to me a letter on 27th May 2009 to urge me to lodge the settlement of my issue in the court of Maldives, Because Mr. Laurent Mellan, a senior staff in UN Human Rights Commission, who tried to cover up his past wrong doing in my issue through UN Working Group on Arbitrary Detention to work out my issue within Maldivian Court by giving the opinion of UN Working Group on Arbitrary Detention to Maldivian government. The UN opinion read as bellow: “Working Group request the Government to exhaust of all available domestic remedies in order to provide Mr. Wu Mei De with the access and ability to bring the matter for a resolution before a court of law with a view to potentially obtain reparation and compensation for all loses including those related to his investments caused by his illegal long imprisonment.
But not on “Humanitarian Grounds.” Three days after sending me the letter of urging me to lodge my issue in Maldivian Court, the Home Ministry ordered to stop providing me food effecting from 1st June 2009. On 8th June, 22nd June, 24th June 2009 the Home Ministry has put further pressure on me to lodge the settlement of my issue in the court of Maldives.

               I gave my viewpoint over the issue of settlement in my letter to the New Maldivian Home Minister on 23rd June 2009 “In whichever the court to settle this issue has to base on getting fair and proper justice for me. The proper justice has to base on proper investigation over what I have been subjected to inhumane torturing and ill treatment in the prison of the Maldives. How much my personal and the legal documents were taken away by the authority. How can any court to finalize a just settlement without investigate what had happened to me in jail and how much has effected to the life of my family and my business in china?” I received the reply for this letter from the Home Ministry on 28th June 2009. It not only openly lied by denning the fact of the pressurizing me to lodge my issue in Maldivian court which can be simply proven by government’s letters in my hand, but it also clearly indicate that the settlement of my issue in Maldivian court would be based on whatever the government likes without fair and independent investigation.

            Today’s UN has every system and rules to address issues of my kind and in resuming the ICJ investigation of my issue. UN Human Rights Council established a new Complaint Procedure on 18th June 2007 to “address consistent patterns of gross and reliably attested violation of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances”. But the UN Human Rights Protection system never works on the true case of my complaints to UN Human Rights Council as it introduced in www.un.org . Partly it was due to the policy of Chinese government in dealing with Maldivian government, in case of resuming the legal process of my issue inICJ between the rights of an individual Chinese and national interests for it might effecting to the rights of more number of Chinese who are in Maldives by the government of Maldives. It was mainly because one of a senior staff, a director level official in Office of the UN High Commissioner for Human Rights Mr. Laurent Mellan who was bought to meet me by the government of Maldives in April 2008 while he was in Maldives. Now he has to do more wrongs to cover up the wrong that he has done in my issue in the past. Now he is trying hard to work out the settlement of my issue in his personal way or a settlement within the court of Maldives which is without international investigation to find out what kind of serious crimes the Government Maldives really had done to me including the torturing and ill-treatment done to me during over 15 years I was arbitrarily kept in the prison of Maldives and what had affected my life and life of my family in China and what will effect to the rest of my life in future.
            If there is no international investigation into the serious crimes done to me including many instance of physical torture I have been subjected in the prison, especially the two most serious cases, that first one was in February 2000, I was beaten up by six security personal in the prison up to my brain was shaken, I lost the ability of my body balance. Another case was on 14th January 2008, I was subjected to the worst physical torturing I ever suffered in my life. The most unthinkable crime in torturing is slow poisoning prisoners which caused my stomach serious bleeding on the last day of 1997 and some strange death of other prisoners from time to time. If there it means that no matter how many solid evidences and witnesses that I have kept for proving such grave crimes and rights abuse in Maldivian prison, would not be able to prove anything legally and internationally. This part of human rights violation would not be rooted out in future of Maldivian prison  and would not take into consideration on the accountability of those who is responsible for the crime and on the redressing of the consequences to the victims of such systematic rights abuse and in the settlement of my issue. This is obviously against UN human rights policy and practice.
            If there is no international investigation on more than 20 different slanders that Maldivian government has released against me since the very beginning days of my arbitrary imprisonment, for covering up themselves their wrong doing by misleading other prisoners, I have no way to prove what the truth is to against such slanders in rest of my life. This is a few samples of the slanders such as that I have three or four times torn off my passport in the Airport when Maldivian government wants to deport me… My crime in China related to billions of Chinese Yuan was under INTERPOL investigation; until INTERPOL takes me I would be kept in Maldivian jail without any case, for avoiding the legal charge from Chinese government I did not want go back China… I was a senior member of an international Mafia organization, I have bellowed money from them to invest in Maldives, if I did not bring the money back, I would be killed…I have deep link with Sri Lanka’s terrorist organization Liberation Tigers of Tamil Elam “LTTE”, I used to transport arms for them and transfer their people to Europe with the cover of my business in Maldives… I have been suffering much from these evil slanders of the Maldivian government since few days after I was imprisoned up to now. This can be understood simply from the comments made on my blog and on my face book, also many questions people used to ask me both inside and outside of the prison. This was one of the main reasons from the beginning to force me have to go ahead with this long fight against Maldivian government to clarify these slanders. Because if I could not make people to believe my innocence regarding these slanders in my presence now in this place, how can I make people to believe my innocence after leave from here at some years later. I cannot think of to live in a life without dignity and innocence in my Chinese society where people pay high importance on such things.  If those slanders will not to be clarified through international investigation as it was doing during 2003 ICJ investigation, I would have to suffer for the rest of my life for the defamation caused by those slanders.
              If there is no international investigation over that the large number of my personal belongings in the prison were taken away by the authority, who shall bear the legal responsibility for taken away more than 50 books of high valued my personal diary which recorded every details of  over 15 years my prison life in Maldives, about 20 document files with my legal and personal documents of all kinds, the suffering and great difficulties I have gone through for taken away large number of my religion books, Chinese-English dictionaries, reading materials and all kinds of daily usage items? How to redress my deprived rights and suffering in this regards?
             If there is no international investigation over what really had effected to my life and the life of my family in China during this 15 years caused by such long  period illegal imprisonment in Maldives, How to redress my rights set forth in the Universal Declaration of Human Rights and other international human rights standard.
               When I did my complaint UN Human Rights Council on 5th May 2009, Mr. Laurent began to work out my issue in his personal way. On the very next day, 6th May he directly called me on my mobile phone in which he got my mobile number through someone from UN Office in Maldives without knowing me. In May 2009 Mr. Laurent unofficially sent me a UK lawyer Mr. Jude Laing who was a personal lawyer of the president of Maldives Mr. Muhammad Nasheed before he came to power. Mr. Jude tried to work out my issue in his personal way. When I was unable to follow what Mr. Jude wants me to do with my issue that broke down the relation  between us. He could no longer get into my case directly as he tried, but since then Mr. Jude put much side pressure on me through NGOs both inside and outside of Maldives. E.g.: Maldivian Detainee Network and a UK based NGO The Prisoner of Conscience asked me that I have to go through Mr. Jude to contact them for recognizing me as a prisoner of conscience hence they can provide me with some financial assistance in my position. If I do not wish to go through Mr. Jude then there will be no recognizing. I don’t know why those human rights NGOs would have used double standard human rights in dealing with my issue by the influence of Mr. Laurent and Mr. Jude without fulfill their mandate and obligation as human rights defenders.
             I wrote a letter to UN Resident Coordinator in Maldives on 22nd February 2009 with copies of other related documents to request him to forward my issue to UN Human Rights Commissioner and the Secretary General of UN. I was told by UN office in Maldives unofficially through phone that my complaint has been forwarded in March of 2009. But there was no response from any of them it is hard for me to believe that both UN Human Rights Commissioner and the Secretary General of UN would have used double human rights standard in dealing with my issue.
             I did my first complaint according to Special Procedure of the United Nations Human Rights Council on 5th May 2009. It only resulted that Mr. Laurent Malian began to try to settle my issue in his personal way.  Later I did several more complaints to the Special Procedure of UN Human Rights Council on 30th May, 4th June, 20th June, and 30th June 2009. But there were no action being taken according to the procedure of UN Human Rights Council.
            According to the advice given to me on 9th July 2009 from the UN Investigation Division of OIOS [Office of Internal over Sight Service] I sent my 5 paged Model Complaint Form to the appointed UN branch according to the procedure UN Human Rights system, but there was no response.
            According to the advice of OIOS that any inquiry of their staff [OHCHR and the Human Rights Council] would have to be initialed through contact with them, I did my complaint against the senior staff of UN Human Rights Commission Mr. Laurent Mellan to the president of UN Human Rights Council through cp@ohchr.org on 4th August 2009 attached with some related documents, but no response.   
              On 11th August 2009, I request The Secretariat for Human Rights Council Advisory Committee to forward my complaint to The President of UN Human Rights Council to overcome such persistently committed gross violation of human rights through cp@ohchr.org but no response.
               Being a foreigner, it has been six months that I have been sleeping in the staircase at outside of the office of jail authority.  It has been over two months since I was cut off from providing food from the government.  For the government of Maldives has put very hard and inhumane pressures on me to reach their target of forcing me to accept unjust settlement of my issue, I have done several complaints to UN Human Rights Council and other international, Maldivian, Chinese human rights organizations. But no one of them takes action as they claimed and to fulfill their obligation to stop the new systematic rights abuse of carrying out arbitrary releasing after over 15 years arbitrary detention for the legal ground of closing ICJ case of my issue.  For my complaint of that Maldivian government has put hard and inhumane pressures on me to reach their target of forcing me to accept unjust settlement, no one of them takes action to change this endangered situation.  Such unjust settlement is not something in meeting with today’s international human rights standard and working in UN human rights protection system to address such issue of persistent committed gross and systematic human rights violation.
.           Anyone can judge that the main reason of what have happened to me in my long struggling to enable to justice and redressing is caused by the corruption and inefficientness of UN Human Rights Commission and UN Human Rights Council to ignore such calculated, malignant, and devastating crimes against human rights. UN Human Rights Council required urgent reform, otherwise there is no hope of efficient human rights safeguarding in the world.  
             The detailed information of my long struggle to enable me to find justice and redress, how Maldivian government carried out arbitrary releasing after over 15 of arbitrary detention, how the Maldivian government to presurelazing me to accept an unjust settlement and the how UN Human Rights Council and other international human rights organizations acted on this issue, is provided in my blog: www.richardwumeide.blogspot.com
Time:    August 2009
By:       Richard Wu Mei De

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