CHINA: ARBITRARY DETENTION OF UIGHUR MULIZATI TAYIER

The International League Against Arbitrary Detention urges the Government of China to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 10/2025 concerning Mulizati Tayier, asking the Government of China to immediately and unconditionally release Mulizati Tayier and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Mulizati Tayier (China): Opinion No. 10/2025.

ETHNIC UIGHUR IMPRISONED AFTER TRAVELING

Mulizati Tayier is a Chinese national, part of the Uighur ethnic community, born in 1991. He previously worked as a tour guide in Türkiye, and this underpinned his arrests.

Mr. Tayier was first arrested on 10 April 2017, two days before his departure to Australia with his spouse. Police confiscated his passport and questioned him about his travels to Türkiye. He was detained in the local police station in the Toutunhe/Tudunghaba District, where he was tortured for three days before being sent to the hospital due to repeated seizures. His first detention ended on 22 May 2019 after graduating from the government’s re-education school.

On 19 May 2020, Mr. Tayier was detained a second time for the same reason, his travels in Türkiye. After questioning, he was detained in a detention center in July. He was placed in quarantine after a coronavirus outbreak and released a few months later on 31 August 2020. The police assured his family that the case against him was closed.

However, Mr. Tayier was arrested for the third time on 26 September 2020, and his detention is ongoing. The authorities declared that his arrest was due to the approaching National Day of China (1 October) and the fact that he had been arrested before and was therefore a possible threat. He was supposed to be in temporary detention for 10 days. On 1 October 2020, police officers from the city of Hami took custody of him to question him about his travels and stay in Türkiye. They finally produced an arrest warrant on 23 October 2020, where the reasons for his detention were the alleged crimes of participating in a terrorist organization, splitting up the country and preparing to commit terrorist activities. In October 2020, he was transferred to the Iwirghol District Pretrial Detention Centre, and on 20 February 2022, moved to Xinjiang No. 1 Prison, where he remains to date.

The Working Group transmitted the allegations to the Government of China, and the government responded on 24 December 2024.

ARRESTED WITHOUT A WARRANT AND HELD INCOMMUNICADO

According to the source, Mr. Tayier was not shown an arrest warrant on the three separate occasions he was arrested. The only arrest warrant was issued on 23 October 2020, weeks after his third arrest. The Government has not contested these allegations. The Working Group reminded the necessity of showing an arrest warrant for the arrest to have a legal basis. Therefore, the Working Group found that the arrests violated article 9 of the Universal Declaration of Human Rights.

The source pointed out that for Mr. Tayier’s first and second detentions, no formal charges were presented to him. Hence, the Working Group found that the prolonged detention without re-evaluation or justification violated articles 3 and 9 of the Universal Declaration of Human Rights.

The source claimed that the government restricted Mr. Tayier’s contact with his family. After noting the government's lack of rebuttal, the Working Group concluded that Mr. Tayier’s detention amounted to incommunicado detention contrary to article 8 of the Universal Declaration of Human Rights on the right to an effective remedy.

Considering all the above, the Working Group found that the arrests and detention of Mr. Tayier were arbitrary under category I.

VIOLATIONS OF HIS RIGHT TO LEGAL ASSISTANCE AND OPEN TRIAL

The source alleged that Mr. Tayier only met his lawyer a maximum of three times after his arrest and subsequent conviction. Moreover, the lawyer’s effective representation was hindered by fear of reprisals. On that basis, the Working Group found that Mr. Tayier’s right to legal assistance under article 11 (1) of the Universal Declaration of Human Rights was violated.

The nature of the trial was another element of a fair trial considered. The source’s unrebutted submission of a closed trial, with no public or media access, formed the basis of consideration. The Working Group raised concerns regarding the possible use of evidence gathered through torture and ill-treatment against Mr. Tayier. It also reminded that public hearings might be restricted for specific reasons, however not met here. The Working Group found that the closed trial violated Mr. Tayier’s rights under article 10 of the Universal Declaration of Human Rights.

Therefore, the Working Group established that the non-compliance with Mr. Tayier’s due process rights made his detention arbitrary under category III.

DISCRIMINATED BECAUSE OF HIS UIGHUR ETHNICITY

The source alleged that the basis of Mr. Tayier’s arrest and detention was based on his ethnicity, religion and temporary residence in Türkiye. His arrests were all motivated by his travels. The Working Group found the similarity in the present case and other cases involving the detention of Uighurs sufficient to support the source’s assessment that Mr. Tayier’s detention was carried out on a discriminatory basis due to his ethnicity. It also found that Mr. Tayier’s arrests and detention were based on his travel history and not particular criminal conduct, rendering the detention discriminatory, in violation of article 7 of the Universal Declaration of Human Rights.

As a result, the Working Group found that his arrests and detention were on the grounds of discrimination based on his national, ethnic and religious identity, falling under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In the light of the foregoing, the Working Group found that the deprivation of liberty of Mulizati Tayier, being in contravention of articles 3, 7, 9 and 11 of the Universal Declaration of Human Rights, is arbitrary and falls within categories I, III and V.

The Working Group recommended that the Government of China take the steps necessary to remedy the situation of Mr. Tayier without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights. The Working Group considers that, taking into account all the circumstances of the case, the appropriate remedy would be to release Mr. Tayier immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.