Campaign Description:

We urge the Benin government and its judicial authorities to cancel the decision to extradite Mr. Gao Jianhuan to China, as this is a serious violation of human rights and lacks any legitimate evidence to support it. This extradition not only violates the international conventions that Benin has committed to but also sets a dangerous precedent for future cases of extradition for political reasons.

1. Background of the Case:

Mr. Gao Jianhuan was detained in the United Arab Emirates from March 28, 2023, to August 14, 2023, under a "Red Notice" issued by Interpol at the request of the Chinese government. During this time, China failed to provide any valid evidence to substantiate the alleged "fraud" charges, so the UAE authorities decided to release Mr. Gao.

On June 29, 2024, Mr. Gao and his fiancée arrived in Cotonou, Benin, and were once again arrested on the same charges. The Chinese authorities invoked Interpol's "Red Notice" to request Mr. Gao's arrest for extradition. However, this "Red Notice" is not equivalent to an extradition warrant, and without a national arrest warrant from China, this provisional detention has become arbitrary and unjustified.

2. Legal Issues with the Detention in Benin:

• The provisional detention of Mr. Gao Jianhuan in Benin has no legal basis, as there are no legitimate grounds to support this detention order.
• The Cotonou First Instance Court has declared itself incompetent to handle this case, as there is no legal connection between Benin and this case.
• Without a formal extradition request and due process, the extension of Mr. Gao's detention has become a clear violation of human rights and contravenes international conventions that Benin has signed, including the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR).

3. Violation of International Conventions:

Benin is a member state of several international human rights conventions, including:

• Convention Against Torture (CAT):  This convention prohibits states from expelling, returning, or extraditing any person to a country where they would be in danger of being subjected to torture or cruel, inhuman, or degrading treatment. Extraditing Mr. Gao to China, where he could face torture and persecution, would directly violate this clause. Reports from multiple international human rights organizations have repeatedly pointed out that China frequently uses torture and other forms of violence to suppress dissidents and human rights activists.
• International Covenant on Civil and Political Rights (ICCPR): This covenant guarantees the right to a fair trial and freedom of expression. Mr. Gao is a political activist and a member of the China Democracy Party, an organization opposed to the Chinese Communist Party. Extraditing him to China, where he would not receive a fair trial and could be convicted solely for his political views, would seriously violate the provisions of this covenant.

4. Pressure from the Chinese Government:

The extradition request from the Chinese side is accompanied by certain pressure conditions, such as the statement in the extradition request dated July 29, 2024, that “China promises to provide reciprocal assistance for similar requests from your side in the future.” This indicates that China is trying to force Benin to accept the extradition request and set a dangerous precedent for nearly automatic exchanges of suspects between the two countries, regardless of the legitimacy of the extradition request.

If Benin accepts this extradition request, it would not only affect Mr. Gao Jianhuan's case but also open an easy channel for the extradition of other political victims in the future, undermining Benin's commitment and efforts to defend human rights.

5. Risk of Persecution and Torture in China:

If Mr. Gao Jianhuan is extradited to China, he will face serious risks of persecution and torture. China has a long history of using violence and illegal means to suppress dissidents, human rights activists, and opposition members.

• Persecution and Torture: Reports from international human rights organizations such as Amnesty International and Human Rights Watch have repeatedly exposed the use of torture and abuse in Chinese prisons. Those accused of political crimes often suffer various forms of torture, from forced confessions and psychological abuse to physical abuse. If Mr. Gao is extradited to China, he will be unable to avoid these forms of persecution.
• Deprivation of Legal Rights: The Chinese judicial system cannot guarantee the right to a fair trial for those accused of political crimes. Trials are often conducted in secret, with no legal defense, or the right to counsel is restricted, and evidence obtained through torture is still used to convict. This clearly shows that Mr. Gao will not have any fair opportunity to defend himself in China.
• Arbitrary Detention and Forced Labor:  In China, detained dissidents are not only held in harsh conditions but are also often forced into labor, have their family contact restricted, and are even denied basic medical care. This not only threatens Mr. Gao's life and health but also constitutes a serious violation of human rights.

6. Political Persecution of Dissidents:

Mr. Gao Jianhuan is a member of the China Democracy Party, an organization opposed to the Chinese Communist Party and committed to promoting democracy in China. As such, he faces severe political persecution. More than three hundred members of the China Democracy Party have already been sentenced for their democratic activities.

The arrest and extradition request for Mr. Gao Jianhuan is not only an attempt to silence voices critical of the government but also part of the Chinese government's broader crackdown on the democratic movement. If Mr. Gao is extradited to China, it would be a heavy blow to the global fight for freedom and democracy by Chinese people.

7. Benin's Responsibility in Protecting Human Rights and Avoiding Dangerous Precedents:

Refusing to extradite Mr. Gao Jianhuan would demonstrate the Benin government's commitment to protecting human rights and adhering to international conventions. Benin has the opportunity to take a leading role in combating political persecution and human rights violations and should not become an accomplice, allowing authoritarian regimes to use the international judicial system as a tool of repression.

8. Impact on Family and Community:

Extraditing Mr. Gao back to China would not only affect him personally but also put immense pressure and uncertainty on his family, particularly his fiancée in Benin. Meanwhile, the overseas Chinese community and those supporting democracy worldwide would be concerned about their safety and the erosion of their sense of security.

9. Call for Support from Embassies and the International Community in Benin:

We call on the embassies and diplomatic missions in Benin that are committed to protecting human rights, as well as international organizations operating locally, to speak out against the extradition of Mr. Gao Jianhuan to China. International intervention can pressure the Benin government to revoke the extradition decision and protect Mr. Gao's freedom and safety.

• Embassies and International Organizations: We urge the European Union (EU), the United States, Canada, and other democratic countries to take concrete actions to protect human rights through their embassies in Benin. We also call on international human rights organizations such as Amnesty International, Human Rights Watch, and the United Nations to intervene to prevent this illegal extradition.
• Foreign Community in Benin: We call on the foreign community in Benin, including NGOs, the overseas Chinese community, and human rights activists, to jointly oppose this extradition and show their support for Mr. Gao Jianhuan. Support from the international community will exert strong pressure, forcing the Benin government to reconsider its decision.

Conclusion:

We need everyone's support to pressure the Benin government to stop this illegal extradition. Please sign and share this petition to protect Mr. Gao Jianhuan's personal freedom and human rights and prevent his extradition back to China, where he will face serious risks of persecution.

**United, we can make a difference!**