China Human Rights Briefing January 1 – 31, 2007
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(A monthly Chinese human rights information update)
January 2007
Table of Contents
Arrests, Trails, Sentences, and Imprisonment
1. Activist Mao Hengfeng sentenced to 2.5 years
2. Activist Chen Guangcheng loses appeal
3. Cyber activist Li Hong tried on subversion charge
4. Detained rights activist Yang Maodong on hunger strike
5. Petitioner under criminal detention for “obstructing official duties”
Lawyers at Risk
Gao Zhisheng remains silenced
Police crackdown against protesters
1. Guangxi environmental protesters arrested
2. Guangdong riot police crack down on peaceful land protest
3. Crackdown on Xinjiang workers demanding pay
4. Zhejiang fishermen protester arrested, denied lawyer visit
5. Guangxi villagers sentenced after protests against industrial pollution and land grab
Freedom of press, expression, and information
1. Eight books banned
2. Book about elections to local People’s Congress banned
3. Media blackout on electric bicycle ban lawsuit
4. Online opinion poll site closed down
5. Homepage of corruption watch site host blocked
6. Hu Jintao calls for stronger Internet control
7. Journalist detained for questioning by Sichuan police
Police Brutality
Shanghai petitioner Duan Huimin beaten and dies after police refuse medical treatment
Religious Freedom
1. Henan Christian gathering raided; participants detained
2. Anhui Christian gathering raided by police
3、Christians in Inner Mongolia Detained
Health Rights
1. Henan Province bans sale of abortion drugs
2. Shanghai shut down migrant school
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Arrests, Trails, Sentences, and Imprisonment
1. Activist Mao Hengfeng sentenced to 2.5 years
On January 12, Shanghai authorities convicted woman activist/petitioner on reproductive rights and housing rights Mao Hengfeng, for “damaging hotel property” and sentenced her to two-and-half years in jail. When the trial opened, several hundred fellow petitioners gathered outside the court to show their support. Police denied them entry into the court room to observe the trial, but later took Mao Hengfeng’s husband for questioning, claiming that he was accused of “gathering petitioners to disturb social order”.
During the trial, Mao Henfeng tried to tell the judges about her mistreatment and abuse during her year-long detention. She said that she was put under solitary confinement in filthy and unsanitary conditions. Prison guards put a mask on her in order to prevent her from verbally protesting. The judges ignored her.
Prosecutors accused Mao Henfeng of breaking two desk lamps worth the value of about $900 during her detention by police at a guest house. Lawyers for Ms. Mao argued that the hotel only asked guests to pay the equivalent of $7 for each damaged lamp and that the prosecutor should produce the receipts for the particular lamps to prove the extraordinarily high costs they cited. The prosecutors refused. The judges did not ask for the receipts. In an unusual move, indicating a pre-determined sentencing, the court announced its verdict immediately upon the closing of the trial. Mao Henfeng will file an appeal through her lawyer. Her lawyers were harassed and physically assaulted when they went to visit Mao Hengfeng before the trial.
2. Activist Chen Guangcheng loses appeal
On January 12, the Linyi Municipal Intermediate People’s Court announced its verdict upholding the four year and three month sentence for Chen Guangcheng for “gathering crowds to disrupt traffic order” after a closed door hearing. Chen Guangcheng, the blind prisoner of conscience, is imprisoned at the Yinan County Detention Center in Shandong province for exposing local authorities’ use of violence against villagers in official family planning campaigns.
The local Yinan court reached its verdict after it failed to admit new evidence submitted by lawyers, to allow key witnesses to testify in court, or to duly respect the defendant’s right to legal council. In fact, the local court’s trial and decision were seriously tainted by police abduction-detention and forced disappearances of key witnesses; police intimidation, harassment and arbitrary house detention of defendant’s wife; and a police-coordinated violent attack on lawyers. The higher Linyi court’s decision darkened the glimmer of hope for justice, offered by the Linyi Intermediate Court when it overturned the Yinan County Court’s initial verdict.
Chen Guangcheng’s lawyer Li Jingsong, recovering from injuries suffered from the attack, received a message from the court about the announcement of verdict. However, the lawyers and the family did not receive any notification and they were not present when the verdict was pronounced by the court, while Xinhua’s English service put out the news.
While in prison, Chen’s health has deteriorated and he is suffering from malnutrition. Despite this, authorities have not allowed him to receive food sent from his family or to buy additional food with his own money. On January 25, a visiting day at the prison, Chen’s mother and two older brothers went to the prison but were not allowed in to see him. The reason given by prison authorities was that some aspects of the case have not yet been resolved, as Chen’s application for medical parole has not yet been answered.
On November 27, 2006, the Yinan County Court re-tried Chen Guangcheng after its verdict was overturned by the higher Linyi Intermediate Court in late October. The Yinan court announced its verdict on December 1, re-convicting Chen Guangcheng for the same crime and sentenced him again for the same jail terms.
3. Cyber activist Li Hong tried on subversion charge
On January 12, writer Li Hong was tried on charges of subversion by Ningbo Intermediate People’s Court. No observers were allowed into the trial, which lasted two hours, and no verdict was announced.
Li was detained on September 6, 2006 and was formally arrested on charges of “subversion’” on October 12.. His lawyer informed him that the charges were based on 63 articles Li wrote and posted online. These articles discussed organ harvesting of Falun Gong members and hunger strikes organized by the Beijing lawyer Gao Zhisheng Li, whose given name is Zhang Jianhong but goes by his pen name, was formally the editor of the Aegean Sea website, which was closed down by authorities in March 2006.
4. Detained rights activist Yang Maodong on hunger strike
Yang Maodong, also know by his alias Guo Feixiong, refused food or water for almost a month after being mistreated by guards at a detention center, his lawyer disclosed in mid-January. In a letter to his wife, Guo said that guards at the Guangzhou No. 1 Detention Center had chained him to a wooden bed frame for 40 days in an attempt to get him to confess
Guo, a prominent rights lawyer in Guangzhou, was detained on September 15 on suspicion of “running an illegal business.” He also told his wife that formal charges were being prepared against him. On January 19, his case was sent back to the Guangzhou Municipal Public Security Bureau for further investigation. The following day, Guo was moved to a detention center in Liaoning Province.
Guo’s wife has said that the charges against Guo date back to his previous work in the publishing industry and are unfounded. The prosecutor’s case reportedly includes testimony from seven or eight people, but no material evidence. Guo has been involved with a number of politically sensitive cases, including the protest movement in Taishi, Guangdong Province, where citizens tried to recall corrupt local leaders.
5. Petitioner under criminal detention for “obstructing official duties”
On January 26, several dozens of petitioners gathered outside the conference site of the Beijing People’s Congress, trying to hand in petitions, when they were forced to leave by more than 100 policemen who arrived at the scene. Police detained those who refused to leave. While the others were released in the next couple of days, Hua Huiqi was kept at a police station. On January 31, he was put under criminal detention for “obstructing official duties.” Police orally informed his family, saying Hua will be detained for one month, while promising sending a written order within 3 days. Police refused the family’s request to visit Hua at the detention center. Those released said they witnessed beating and rough handling of Hua and his 76-year-old mother. Hua has petitioned for compensation for lost housing for years.
Lawyers at Risk
Gao Zhisheng remains silenced
Lawyer activist Gao Zhisheng apparently has not been allowed to move around or speak out freely since witnesses reported that he was taken away from his home in Beijing by authorities for a “talk” before the New Year. .
The No. 1 Beijing Intermediate People’s Court secretly tried Gao Zhisheng, on charges of “inciting sedition against the state,” on December 12. The official Xinhua news agency later announced that Gao was sentenced to three years with a delayed imprisonment for five years. He was released into a state of incommunicado in his own residence. CRD sources believe that Gao is under tremendous pressures to remain silent.
Police crackdown against protesters
1. Guangxi environmental protesters arrested
Ten farmers were arrested for protesting land and water pollution from a paper mill operating illegally in Botang, Guangxi Province, according to a report in the Associated Press.
For six years, since the Zhongtaifu paper mill opened, residents had used legal means to protest the pollution, which is killing their crops. The day before the arrests, local authorities told protesters to prepare for a meeting with officials from the mill. Those arrested in the pre-dawn raid were accused of “obstructing public duties.”
The plant had reportedly been ordered closed by provincial environmental officials but continued to operate.
2. Guangdong riot police crack down on peaceful land protest
On January 19, more than 1000 armed riot police cleared a sit-in by villagers protesting the illegal sale of farmland by the government in Sanshan village in Foshan, Guangdong Province. More than 40 protesters were detained after being beaten, including several elderly villagers. Most of the protesters were later released.
Since January 3, hundreds of villagers have protested the sale of more than 26 hectares of farmland to the US company ProLogis for a warehouse complex. In 2005, the government announced a decision to sell all the farmland in Sanshan, over 1200 hectares, to overseas investors, sparking riots in the region.
After armed police forcibly cleared crops from fields in May 2005, villagers were given a one-time compensation of 2,700 yuan for children and 4,170 yuan for each adult. Yang Zaixin , an activist lawyer who is helping villagers fight for fair compensation since 2005, says that the local officials did not follow proper legal procedures in selling the land.
On January 30, government authorities announced that land expropriation is the number one reason for farmers’ petitions, and that every year 200,000 hectares of land are taken from villagers to convert to industrial purposes.
3. Crackdown on Xinjiang workers demanding pay
On January 22, security guards attacked workers protesting over unpaid wages in Urumqi, Xinjiang Uyghur Autonomous Region, injuring at lest twelve people. The China Youth Daily reported that about 50 migrant workers were protesting at the housing offices of the Yahong Land Development Company. After several workers’ representatives tried to enter the building to negotiate, the guards, armed with clubs and knives, attacked. The company reportedly owed 140 workers a total of one million yuan in unpaid wages.
4. Zhejiang fishermen protester arrested, denied lawyer visit
Lin Bingchang was detained on December 17, 2006, and then formally arrested on charges of “tax fraud” and “destruction of government development project” on January 22. He is detained at the Dongtou County Detention Center in Zhejiang province. On January 31, his lawyer went to meet him at the detention center, but the lawyer was denied entry. Officials said the lawyer did not have all the necessary papers. Mr. Lin led the local fishermen’s efforts since 2003 to protest forced appropriation of fishing areas and demand fair compensation by government, which took the sea area for developing commercial projects. 291 fishing families filed a lawsuit against local government at the Zhejiang Higher Court on Jan. 22. Mr. Lin, male, in his 60s, suffers from lower back pains and is recovering from a back surgery. His lawyer was going to discuss with him about bailing him out on medical grounds.
5. Guangxi villagers sentenced after protests against industrial pollution and land grab
Five villagers from Xialei township were sentenced for “attacking state agencies” to terms ranging from 6 months to 2 years in prison on December 25, 2006. Thousands of villagers from Xialei township, Daxin county, Guangxi province, have organized sit-in and demonstration to protest a mineral processing factory pollution the environment and forced eviction of villagers from farming land on June 27, 2006. Hundreds of police clashed with protesters and arrested dozens of villagers and later formally charged five. Among the five, Mr. Mo Zhengning, who was sentenced to one-year, is now serving outside jail for medical reasons; his brother Mo Zhengsheng was also sentenced to one-year. The two villagers sentenced to 6-month are released after serving their term. Another villager, Huang Jin, remains in jail serving a 2-year term.
Freedom of press, expression, and information
1. Eight books banned
On January 19, the General Administration of Press and Publications (Gapp) deputy director Wu Shulin announced a ban on eight books, including Past Stories of Peking Opera Stars by Zhang Yihe, a memoir by veteran People’s Daily editor Yuan Ying , and the novel This is How it Goes@SARS.com by Hu Fayun. Mr. Wu also said the publishers of those books would be punished.
All the banned books cover topics from China’s recent history. Zhang Yihe, the daughter of famous rightist Zhang Bojun, has had her two previous books banned in China as well for their discussion of political campaigns. After the recent ban was announced, Zhang wrote a rebuttal that was distributed online, in which she wrote, “Let me solemnly me repeat this once more: I will not give up the defense of my basic civil rights, because it affects the dignity and conscience of a person. What Mister Wu did was completely in violation of the constitution! He did not follow the spirit nor the procedure… A harmonious society is constructed not through tightening; it needs precisely relaxation.”
2. Book about elections to local People’s Congress banned
In early January, Ming Pao reported that a book about the experiences of Yao Lifa, an independent people’s congress representative, was banned after being published by the Hainan Publishing House. The book, entitled “I Oppose – The Legend of a People’s Congress Delegate’s Participation in Politics,” was edited by journalist Zhu Ling, host of a legal talk show in China Central Television, and contains her interviews with Yao and Yao’s accounts of his experiences as an independent candidate in local people’s congress elections. Yao, 48, from Qianjiang city in Hubei Province was elected to the Qianjiang city people’s congress in 1998 after running repeatedly for election for more than a decade. In 2003, he was named “one ofthe 25 rural reformers with the most inspirational ideas for reform” by the Chinese Academy of Social Sciences.
During his campaign for re-election in November 2006, Yao was harassed and detained for questioning numerous times.
3. Media blackout on electric bicycle ban lawsuit
On January 8, a lawsuit brought by opponents to a ban on electric bicycles in the city of Guangzhou was heard in the Panyu District Court in Guangzhou. Despite the presence of reporters from several news outlets, including CCTV, the Guangzhou authorities issued a ban on all reporting about the lawsuit. In November, Guangzhou authorities issued a ban on electric bicycles on the city roads. The ban faces widespread opposition from residents who believe it inconveniences their ability to live and work, and violates the National Traffic Safety Law. The Guangdong Province Bicycle Association has gathered 9133 signatures on a petition protesting the ban.
4. Online opinion poll site closed down
A website specializing in online opinion poll, Min diao guo qing zi xun wang (www.v007v.com), was shut down on January 11. This was the thirteenth time that this site was closed down. This site has conducted opinion polls and surveys on some of the most sensitive topics including compensation for victims of 1989 crackdown. On January 9, officials in Changde, Hunan province, had a “talk” with the site’s host Lu Guanghui, urging him to close down the site. Local officials told Mr. Lu that they had got in troubles with their superiors because of this site. The next day, Changde PSB officials visited Mr. Lu, demanding him to close down the site or change its name.
On the 11th, Mr. Lu discovered that the site was shut down. He made an inquiry to the domain hosting company and was told that Internet surveillance police had demanded permanent closure of his site’s domain.
5. Homepage of corruption watch site host blocked
On January 8, the host of the influential corruption watch website, Li Xinde, found that his personal homepage was blocked. The corruption watch site, zhong guo yulun jiandu wang (http://www.yuluncn.com/）has played an important role in exposing official corruption in China. Mr. Li’s homepage server notified him that the Xiamen city, Fujian province, Internet police had order the closure on basis that the page contained mostly “harmful information.” More information about Li Xinde’s work, see CRD profile at Article_Show.asp?ArticleID=1838
6. Hu Jintao calls for stronger Internet control
At a study session of the Political Bureau of the Central Committee of the Chinese Communist Party on January 24, Hu Jintao ordered officials to strengthen regulation of the Internet. He said the government should “actively and creatively nurture a healthy online culture” and use “new tactics and advanced technologies” to better guide online public opinion.
7. Journalist detained for questioning by Sichuan police
On January 14, Ms. Chen Yu, a journalist working for the Sichuan News Net (Sichuan Xinwen Wang), was detained for questioning by Chengdu PSB’s Internet Surveillance police. Ms. Chen was released in the evening of the next day. At the time of her detention, she was reporting on illegally charging residents fees by local government at the Sanhechang township in Xindu city, Sichuan province.
Police Brutality
Shanghai petitioner Duan Huimin beaten and dies after police refuse medical treatment
Duan Huimin, 48, traveled to Beijing with his sister to petition authorities over insufficient compensation that he received upon being laid-off in 2000 from the state-owned enterprise where he had worked. In Beijing, Duan and his sister were beaten by police and then he was detained. In detention, Duan was not allowed to see a doctor despite his grave condition from the beating. After he fell unconscious, a doctor told police he would have to be released and that without medical treatment he would die within days. Instead of providing the treatment, police released him to his sister’s house on December 31. Duan died two days later.
Religious Freedom
1. Henan Christian gathering raided; participants detained
On January 6, police raided a Christian family church gathering held in Chencun village, Xiuwu county, Henan province. Eleven participants in the gathering were detained at the Huifeng township police station; two of whom were released the next day.
An eyewitness said that 14 Christians had gathered in a house in Chencun village, when police broke in and proclaimed it an illegal gathering. Police also confiscated the church’s belongings.
2. Anhui
On January 24, police and officials from local Bureau of Religious Affairs raided a Christian family church gathering in Zhangchong village, Jinzhai county, Anhui province. Police checked and recorded the identification card numbers of the more than 60 Christians and took their pictures. They took away three leaders for questioning, who were released later on the same day. Police also took with them Bibles and other church artifacts used for service. Police did not produce any search warrants or detention order. One church leader, Zhang Yunsheng, was warned to stay out of Zhangchong village and not to organize gatherings with more than 15 persons, and not to include minors under the age of 18. Police claimed that they came in response to neighborhood residents’ complain about noise.
3、Three Christians in Inner Mongolia Detained
Three Christians in Duolun county, Inner Mongolia Autonomous Region, were detained around late December and early January. Families received administrative punishment decisions from authorities after the seven-day legal period of time. The detainees have filed requests for administrative review of this decision, demanding local PSB to take it back. When they were arrested, police did not give the cause for their detention.
Health Rights
1. Henan Province bans sale of abortion drugs
Xinhua reported that retailers in Henan Province are banned from selling drugs that induce an abortion. The move was imposed to support regulations to ban gender selective abortion which took effect in the province on January 1. Those who violate the rule will face fines of up to 20,000 yuan, and women who undergo illegal abortions will also be fined.
The 2000 census showed that Henan had an abnormally high ratio of 118:100 between newborn boys and girls. The Henan Population and Family Planning Commission attributed the skewed ratio to gender identification and subsequent abortion of female fetuses.
2. Shanghai shut down migrant school
On January 8, the Putuo district officials in Shanghai shut down Jianying School, a school for migrant laborers’ children. In the morning, numerous police vehicles blocked the streets leading up to the school. Policemen and government officials blocked the school entrance, barring students and parents who arrived in the morning rush hour. Officials told them that the school was shut down, causing momentary confrontation between officials and parents/school staff. A journalist trying to film the scene was stripped off the camera, beaten, and then taken to local police station for questioning. Jianying School was set up in 1996 for children of migrants from Anhui province. More than 2000 students were enrolled at the time of the shut-down.
Editors: Su Hui, Zhong Yan