China Human Rights Briefing August 16-30, 2008
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China Human Rights Briefing
Reporting human rights development from the grassroots
August 16-30, 2008
Please click here for the full China Human Rights Briefing in PDF
EDITORIAL
The following briefing covers the final days of the Beijing Olympics and its aftermath. Despite official promises to allow press freedom and demonstrations at “Protest Zones” during the Olympics, China has punished people who gave interviews or applied for permits to protest. In a statement released on August 16, CHRD documented cases of eleven individuals who had been detained for having been interviewed by foreign journalists or who had been systematically denied permission to protest, forcibly sent back to their hometowns and put under monitoring and residential surveillance (house arrest).
Since the end of the Olympics, rights abuses have continued. Especially noteworthy in the past two weeks is the continuing repression of individuals fighting against housing and property rights violations. In Jiangsu Province, at least three rural activists have been apprehended for exposing an illegal land sale by the local government. In Sichuan Province, a dozen petitioners have been detained or put under residential surveillance for complaining about forcible land appropriation. In Hubei Province, a librarian was sent to Re-education through Labor for petitioning about forcible demolition of his home.
TABLE OF CONTENTS
Rights Website Closed by Authorities. 2
Freedom of Association and Assembly. 2
China Breaks Promises of Freedoms of Association and the Press during Olympics. 2
Beijing Post Office: Application to Protest “Could Not be Delivered”. 2
Protest Applicant Apprehended En Route to Beijing. 3
Protest Applicants Continue to be under Residential Surveillance. 3
Persecution and Repression of Activists. 3
Update on Imprisoned Activist Hu Jia and His Wife Zeng Jinyan. 3
Olympics Crackdown Continues as Another Activist Is Sent to Labor Camp. 3
Detained AIDS Activist Quietly Sentenced after Long Delay. 4
Rights Activist Detained for 28 Days for “Inciting Subversion”. 4
Organizer of Pan-Blue Alliance Sent to Re-education through Labor 4
Imprisoned Democracy Activist Hu Shigen Released. 4
Village Activists Apprehended for Fighting Forcible Land Appropriation. 4
Persecution and Repression of Petitioners. 4
Petitioners and Migrant Workers Taken Away in Surprise Police Action. 4
Wuhan Teacher Illegally Detained in “Law Education Class” for Petitioning. 5
Worker Sentenced for Petitioning about Local Corruption. 5
Victims of Forced Land Appropriation under Residential Surveillance for Petitioning. 5
Torture and other Cruel, Inhuman and Degrading Treatment 5
Imprisoned Human Rights Activist Liu Jie Again Tortured. 5
Citizens’ Actions to Defend Rights. 6
Professor Hu Xingdou and Lawyer Li Fangping Call for Reform to Beijing’s Residency System.. 6
Jilin City Makes Public Contact Information of its Officials. 6
Court Issues China’s First Restraining Order in Civil Lawsuits Concerning Family Violence. 6
Freedom of expression
Rights Website Closed by Authorities
CHRD learned on August 21 that Rights Defense China (weiquan zhongguo, www.315wqchina.com), a website that reports on citizen actions to defend civil rights, was closed. The company which hosts the website was notified by the Communications Administration that the website needed to be closed due to “harmful information”. Reportedly, Rights Defense China was closed for publishing a poem written by a Shanghai policeman active in promoting civil rights. Previously, Rights Defense China has been repeatedly closed since it started operation about seven months ago. CHRD)[i]
Freedom of Association and Assembly
China Breaks Promises of Freedoms of Association and the Press during Olympics
In a statement released on August 16, CHRD finds that China had punished people who gave interviews or applied for permits to protest, thereby breaking its promises to allow press freedom and demonstrations at “Protest Zones” during the Olympics. CHRD documented cases of eleven individuals who had been criminally detained for being interviewed by foreign journalists. CHRD also learned that applicants for protests had been systematically denied permission, and some were forcibly sent back to their hometowns and put under monitoring and residential surveillance (house arrest). (CHRD)[ii]
Beijing Post Office: Application to Protest “Could Not be Delivered”
On August 17, Liu Guohui (刘国慧), a victim of forced eviction from Linyi County, Shandong Province, was notified by the Beijing Post Office that her application to protest in the official protest zones during the Olympics could not be delivered. The application, which was sent by express post on August 12 to the Beijing Municipal PSB Law and Order Corps, was not delivered because, according to the Post Office, it was not addressed to a named individual. (CHRD)[iii]
Protest Applicant Apprehended En Route to Beijing
On August 20, Wang Jinsheng (王进生), a victim of forced demolition from Linyi County in Shandong Province, was apprehended in Beijing by police from Xinchezhan Police Station under Linyi PSB Lanshan District Sub-division. On August 14, Wang submitted an application to the Beijing Municipal PSB Law and Order Corps to protest at one of the three official “Protest Zones”. Wang was intercepted in Beijing by Linyi officials and sent back to his hometown. On August 20, Wang was taken into police custody when he attempted to go to Beijing again to check the status of his application. It is unclear where Wang is being held. (CHRD)
Protest Applicants Continue to be under Residential Surveillance
CHRD learned on August 30 that Liu Xueli (刘学立), a petitioner from Henan Province who was forcibly sent home and detained in a local inn after he submitted an application to protest in the “Protest Zones”, continues to be under residential surveillance. Three days after the end of the Olympics, Liu was released from the inn that had served as his detention center. However, he is still under round-the-clock residential surveillance. Those monitoring him told Liu that his case will be ‘dealt with’ in October and his surveillance might be lifted then, or he might face more serious punishment.
CHRD also learnt that He Xiuli (何秀丽), a villager from Qiuwu Village, Dubu Township, Yangshan County, Guangdong Province who applied to protest on July 31, has still not received a response from the local government regarding her complaints about the forcible demolition of her home. After He submitted her application, interceptors from Guangdong Province stationed in Beijing convinced her to return to her hometown, promising her that the local government would solve her problems. (CHRD)[iv]
Persecution and Repression of Activists
Update on Imprisoned Activist Hu Jia and His Wife Zeng Jinyan
CHRD learned on August 25 that imprisoned human rights defender Hu Jia (胡佳), who suffers from liver cirrhosis, has been made to perform manual labor under the hot sun for seven hours every day. Hu was given the task after he had publicly pointed out that certain punishments used by Chaobai Prison, where Hu is held, violate basic human dignity. It is unclear how long Hu has been forced to perform the task. Meanwhile, prison authorities have confiscated Hu’s letters to his family and a book on human rights sent by his wife. CHRD also learned that Zeng and their child were allowed by police to return to Beijing on August 23. Zeng had been forced to leave Beijing during the Olympics. (CHRD)[v]
Olympics Crackdown Continues as Another Activist Is Sent to Labor Camp
On August 28, Wang Guilan (王桂兰), a petitioner and human rights activist from Enshi City, Hubei Province, was sent to fifteen months of Re-education through Labor (RTL) for “disturbing social order”. According to the authorities, Wang is being punished for accepting a phone interview by foreign journalist during the Olympics. (CHRD)[vi]
Detained AIDS Activist Quietly Sentenced after Long Delay
On August 12, Wang Xiaoqiao (王小巧), an AIDS activist from Xincai County in Henan Province, was convicted of “extortion” and sentenced to one year in prison by Xincai County Court. Wang, detained on November 27, 2007 while petitioning the provincial government in Zhengzhou, capital of Henan Province, was held for more than half a year prior to her trial on June 12, 2008. Due to the international attention to her case, it is believed that the court sentenced Wang during the Olympics in the hope of avoiding international condemnation. (CHRD)[vii]
Rights Activist Detained for 28 Days for “Inciting Subversion”
On August 22, Sun Fuquan (孙福全), a writer and activist for the rights of dismissed soldier from Shenyang City, Liaoning Province, was released after 28 days of detention for “inciting subversion of state power”. Sun was apprehended on July 24 by local police and National Security police from Xiaobei Police Station under Shenyang City PSB Dadong Sub-division. It is believed that Sun was punished for publishing online poems that commemorate the 1989 student movement and for organizing an association for dismissed soldiers. (CHRD)[viii]
Organizer of Pan-Blue Alliance Sent to Re-education through Labor
CHRD learned on August 26 that Wei Zhenling (魏桢陵), an organizer of the banned Pan-Blue Alliance of Chinese Nationalists from Hangzhou, Zhejiang Province, was sent to 21 months of Re-education through Labor for “gambling and solicitation of prostitutes”. On July 25, Wei was taken away by a dozen police from the National Security Unit of Hangzhou PSB. Wei was then formally detained on suspicion of “inciting subversion of state power” but it appears that his charge was later changed. The “gambling and solicitation of prostitutes” charge refers to an incident in which Wei played cards with his friends in Hangzhou in 2004. Wei was fined by Hangzhou police, and the matter was settled four years ago. (CHRD)[ix]
Imprisoned Democracy Activist Hu Shigen Released
On August 26, Hu Shigen (胡石根), a democracy activist imprisoned for “organizing and leading counter-revolutionary groups and counter-revolutionary propaganda and incitement”, was released following sixteen years and three months in prison. Hu’s family met him in the presence of the police. Reportedly, Hu, who suffers from poor health and was tortured in prison, did not look well when he was released. (CHRD)[x]
Village Activists Apprehended for Fighting Forcible Land Appropriation
On August 24, six representatives of victims of forcible land appropriation in Binhu Village, Guanlin Township, Yixing City, Jiangsu Province were apprehended by the local police. Three of the representatives have since been released. The remaining three have not been released. The villagers were detained for exposing the illegal sale of 2,000 mu of farmland in Binhu Village without proper legal procedures or appropriate compensation. For complaining about this, the villagers have been followed and monitored by people hired by the local government. (CHRD)[xi]
Persecution and Repression of Petitioners
Petitioners and Migrant Workers Taken Away in Surprise Police Action
On August 21, about 100 petitioners and migrant workers at Harbin’s “Petitioners’ Village” near Sunjia Station in Harbin City, Heilongjiang Province were taken away by about 200 policemen in a surprise police action. In the evening of August 21, the police, in two dozen police vehicles and four public buses, searched the Petitioners’ Village for two hours. It is unclear why Harbin police launched the action and what happened to the individuals taken away. (CHRD)[xii]
Wuhan Teacher Illegally Detained in “Law Education Class” for Petitioning
On July 19, Jin Guangming (靳光明), a victim of forced demolition and a librarian from Wuhan City, Hubei Province, was kidnapped by a dozen unidentified men while taking a walk with his wife in Jiangan District, Wuhan. Jin’s wife recognized one of the kidnappers, who refused to present any identification documents, as a member of the National Security Unit under Wuhan PSB. The following day, Jin’s wife was told by Jin’s work unit that he has been sent to a “law education class”—an illegal and secret detention facility to incarcerate petitioners. The location of Jin’s detention is unknown. His family has not received any formal detention warrant. (CHRD)
Worker Sentenced for Petitioning about Local Corruption
On August 20, Li Shuchun (李淑春), a worker at Hongqi Racecourse in Yilan County, Heilongjiang Province, was sentenced to 18 months of imprisonment for “gathering crowds to disturb traffic order”. Li is one of about 100 racecourse workers who have complained to the local government about the alleged corruption of the racecourse management. On August 15, the workers were on their way to petition when they were intercepted and blocked on the highway by county officials. (CHRD)[xiii]
Victims of Forced Land Appropriation under Residential Surveillance for Petitioning
On August 4, 10 petitioners against forcible land appropriation from Jigong Village, Fenghuang County, Zigong City, Sichuan Province were taken away while petitioning at the Letters and Visits Office at the Sichuan Provincial Government Building. They were apprehended by police from Zigong City Public Security Bureau (PSB) Da’an District Sub-division and CCP and government officials from Fenghuang County. They were interrogated at Da’an District PSB. Nine of them were sent home and put under residential surveillance. Zeng Xiaofeng (曾孝凤), one of the petitioners, and Ye Shuyun (叶述云), the husband of another petitioner, were taken into police custody. The location of their detention is unknown.
On August 9, Gu Xueqin (古学琴), another victim of forced land appropriation from Zigong City, was apprehended while petitioning at the Da’an District Government. Gu was administratively detained for seven days at the Zigong City PSB Fushun County Sub-division Detention Center. Upon release, Gu was put under residential surveillance.[xiv]
Torture and other Cruel, Inhuman and Degrading Treatment
Imprisoned Human Rights Activist Liu Jie Again Tortured
CHRD learned on August 22 that Liu Jie (刘杰), a human rights defender currently serving 18 months of Re-education through Labor (RTL), had been tortured. On August 15, Liu was beaten by a guard at the RTL camp where she is detained when she confronted the guard about the mistreatment of a fellow detainee. During the beating, Liu pushed the guard in an act of self-defense. The RTL camp then accused Liu of attacking its staff. As punishment, Liu was forced to sit on a “Tiger Bench”—a method of torture common in China’s prisons. It was not the first time Liu had been forced to sit on a “Tiger Bench”. Between May 22 and 29, Liu had been similarly tortured for seven consecutive days. (CHRD)[xv]
Citizens’ Actions to Defend Rights
Professor Hu Xingdou and Lawyer Li Fangping Call for Reform to Beijing’s Residency System
On August 28, a professor at Beijing Institute of Technology, Hu Xingdou (胡星斗), and a Beijing-based lawyer, Li Fangping (李方平), issued a public letter calling on the Beijing government to reform the “hukou” (household registration) system in the capital. Hu and Li argue that Beijing’s “hukou” system results in discrimination against residents who are denied residency permits despite having lived there for years. Hu and Li suggest Beijing adopt a social security card system for all adults who have lived in Beijing for over six months. The card, which would contain basic demographic information about the card-holder, would allow that person access health care, education and other social welfare provisions. Hu and Li also suggest a graded system whereby Beijingers of varied lengths of residency enjoy different levels of provision of social welfare benefits. (CHRD)[xvi]
Policy/Regulation Watch
Jilin City Makes Public Contact Information of its Officials
According to a Legal Daily article dated August 13, Jilin provincial government in Jilin Province has made public the contact information of 269 of its major officials, including the officials’ names, pictures and telephone numbers. The provincial government hopes the measure will encourage public oversight of its administration. (Legal Daily)[xvii]
Court Issues China’s First Restraining Order in Civil Lawsuits Concerning Family Violence
According to a Legal Daily article dated August 18, Zhongan District People’s Court in Wuxi City, Jiangsu Province, issued a restraining order to protect the plaintiff, Ms. Chen, from her abusive husband in a civil lawsuit. This is the first time Chinese courts issue the restraining order in a civil lawsuit concerning family violence. The ruling is based on the Guidelines on the Handling of Trials Involving Family Violence, issued by the Supreme People’s Court Institute of Applied Legal Studies. According to Legal Daily, the state offers little protection to victims of family violence until the violence has escalated to that of a criminal offense. (Legal Daily)[xviii]
[i] CHRD, “Rights Defense China Indefinitely Closed <《维权中国》网被无期限关闭>”, August 21, 2008, https://www.nchrd.org/Article/Class53/200808/20080821070821_10130.html
[ii] CHRD, “China Breaks Promises of Freedoms of Assembly and the Press during Olympics”, August 16, 2008, https://www.nchrd.org/Article/Class9/Class10/200808/20080817094733_10072.html
[iii] CHRD, “Beijing Post Office Prevents Liu Guohui from Applying to Protest in Name of “Cannot be Delivered” <北京站邮局以不能投递为名阻扰刘国慧申请游行>”, August 18, 2008, https://www.nchrd.org/Article/Class5/200808/20080818153406_10085.html
[iv] CHRD, “Liu Xueli Still under House Arrest, He Xiuli’s Complaints Are Still Unresolved <刘学立仍遭到软禁,何秀丽事情不决>”, August 30, 2008, https://www.nchrd.org/Article/fmzj/200808/20080830120925_10333.html
[v] CHRD, “Update on Imprisoned Activist Hu Jia and His Wife Zeng Jinyan”, August 25, 2008, https://www.nchrd.org/Article/Class9/Class10/200808/20080826165124_10239.html
[vi] CHRD, “Olympics Crackdown Continues as Another Activist Is Sent to Labor Camp”, August 31, 2008, https://www.nchrd.org/Article/Class9/Class10/200808/20080831115236_10342.html
[vii] CHRD, “Detained AIDS Activist Quietly Sentenced After Long Delay”, August 23, 2008, https://www.nchrd.org/Article/Class9/Class10/200808/20080826171622_10240.html
[viii] CHRD, “Shenyang Rights Activist Sun Fuquan Criminally Detained for 28 Days during the Olympics <沈阳维权人士孙福全奥运期间被刑事拘留28天>”, August 24, 2008, https://www.nchrd.org/Article/Class53/200808/20080824212339_10196.html
[ix] CHRD, “Zhejiang Pan-Blue Alliance Organizer Wei Zhenling Sent to Re-education through Labor for “Gambling and Prostitution” <浙江泛滥联盟召集人魏桢陵被以“赌博嫖娼”罪名劳教>”, August 26, 2008, https://www.nchrd.org/Article/Class53/200808/20080826100254_10229.html
[x] CHRD, “Well-known Democracy Activist Hu Shigen Released <著名民运领袖胡石根出狱>”, August 26, 2008, https://www.nchrd.org/Article/Class53/200808/20080826100404_10230.html
[xi] CHRD, “Six Land Rights Activists in Yixing City, Jiangsu Province Apprehended <江苏宜兴失地农民维权代表庄秀凤等6人被抓>”, August 27, 2008, https://www.nchrd.org/Article/Class53/200808/20080827194640_10259.html
[xii] CHRD, “Harbin Police Surprise Attack on Petitioners’ Village <哈尔滨警方突袭上访村>”, August 24, 2008, https://www.nchrd.org/Article/fmzj/200808/20080824011928_10186.html
[xiii] CHRD, “Petitioner Li Shuchun in Yilan County, Heilongjiang Sentenced to 18 months in Prison <黑龙江伊兰县访民李淑春被判刑一年半>”, August 21, 2008, https://www.nchrd.org/Article/Class53/200808/20080821205857_10147.html
[xiv] CHRD, “Zigong City Makes Use of the Olympics to Illegally Detain and Put under Residential Surveillance its Petitioners <自贡市利用北京奥运会非法拘禁监控上访人员>”, https://www.nchrd.org/Article/Class5/200808/20080813101213_9996.html
[xv] CHRD, “CHRD Urges China to End Torture of Detained Human Rights Activist”, August 22, 2008, https://www.nchrd.org/Article/Class9/Class10/200808/20080822101126_10160.html
[xvi] “Li Fangping et. al.: a Citizens’ Recommendation on the Reform of Beijing’s Residency Permit System <李方平等：关于北京新市民居住制度改革的公民建议书>”, August 28, 2008, https://www.nchrd.org/Article/Class71/200808/20080828213243_10293.html
[xvii]Legal Daily, “Jilin City Makes Public Names, Photos and Phone Numbers of 269 of its Officials for Public Supervision <吉林市公示269名干部的照片、电话和名字接受社会监督>”, August 13, 2008, http://www.legaldaily.com.cn/0705/2008-08/13/content_923319.htm
[xviii] Legal Daily, “Today’s Focus: the First Restraining Order Issued by China to Combat Family Violence <今日关注——反家暴 中国发出首个人身安全保护裁定>”, August 18, 2008, http://www.legaldaily.com.cn/0705/2008-08/18/content_925734.htm
